Resettlement Completion Report Annual Report 15 May 2010 MON: Urban Development Sector Project Hailaast, Baruun Salaa and Orbit-Tahilt Road Subprojects Prepared by Purevsuren Dorjnamjil, Resettlement Specialist, Project Management Unit for the Government of Mongolia and the Asian Development Bank.
This resettlement report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area. 0
Resettlement Report Translation L2301-MON:UDSP Purevsuren Dorjnamjil Resettlement Specialist, PMU 15/05/2010 1
Resettlement Report ADB funded L2301 MON: UDSP started its resettlement work at the end of the 2008 according to the provision G-34 of Loan Agreement between Mongolia and Asian Development Bank. The Land Acquisition and Resettlement Plan Implementation Committees (LARPIC) established separately as following schedule: Hailaast, LARPIC by order #330 of Governor of UMG dated 14 August 2008 Baruun salaa, LARPIC by order #419 of Governor of UMG dated 8 September 2008 Orbit Takhilt, LARPIC by order #434 of Governor of UMG dated 16 September 2008 Those committees members consists representatives such as Governor of districts, khoroos, Property Relations Agency, Land Administration Department of UMG, Resettlement specialist of PIU and affected persons. Mr. Ralf, international resettlement consultant worked for the project from 5 April 2009 until 30 September 2009. During this period he studied the Mongolian law and legislation, rules related to the resettlement work, met with authorizes, updated the Land Acquisition Resettlement Framework (LARF), developed by Padco company. He also developed Khailaat LARP and elaborated Baruun salaa, Orbit-Takhilt LARPs and get approval on LARPs from MRTCUD, Munkhbayar.G, Governor of UMG and ADB. А. BARUUN SALAA There were affected total 59 households including 14 owners, 25 possessors and 20 unlicensed by February 2009. According to the ADB resettlement policy, the resettlement team made three times of change and the road alignment was modified and ROW adjusted in order to reduce the number of APs. Finally, there were affected 45 people of 11 households by survey of Zagdsambar.B, land officer of Songonokhairkhan district by 10 August 2009. The cut-off date of 10 June 2009 for the subproject was publicly notified in the subproject area. There were 4 vulnerable households due to incomes below the poverty line. We made census among 11 affected households, and conducted social-economic survey from 10 residents of 6 households and carried out one business survey from 1 businessman to complete data base. One AP in vulnerable group faced with temporary livelihood loss. One household is female headed. The size of the total affected land of the 11 affected households is 1422m 2 including 1420m 2 is residential land and remained 2m 2 is commercial land. There were removed an entrance part of one shop and resettled another one shop, which not operated. 10 households removed fences and 2 latrines. One of the land owners B.Tseveen died in April 2009, and so the team including officer of LAD, children of the death and notary officer considered this issue and transferred the land ownership to the daughter B.Narangerel on mutual agreement. She was compensated. We waste time to find APs named Khuntsetseg.D and Chinbaatar.D and as result of civil information we met with family members D.Khankhuu and D.Batkhuyag to introduce the situation. They didn t agree with the land evaluation and we need to explain several times and finally reach decision. D.Batkhuyag met his brother D.Chinbaatar, who is prisoner in Khuk city of China and got guarantee letter. A public consultation meeting was held with APs on 01 September 2009, to introduce the LARP and shared opinion and met again on 04 September 2009 to present the updated LARP. Attendance was 82 percent and agreed with LARP. It is awarded the compensation contracts with all APs and notarized after approval of LARP by Governor of MRTCUD and ADB. Three residents applied to be covered under Temporary employment project according to the LARP. It is included to the civil work bidding document. Total 11,943,978 tugrik compensation is paid to 11 affected households and issued three new land ownership certificates to un-registered persons, and seven APs received a renewed 2
certificate because of reduced land area. The land acquisition and resettlement work completed by 100 percent according to the LARP. PHOTOS, SHOOTING DURING THE COMPENSATION PROCESS BS001 D. Uyanga BS 002 B. Bayan-Ulzii BS 003 B. Dulmaa BS 004 D. Oyunchimeg BS 005 N.Ganbold BS 006 D. Khuntsetseg BS 007 D. Chinbaatar BS 008 Ts. Otgonkhuu BS 009 B. Tseveen BS 010 B. Gantugs BS 011 D. Dashdulam 3
BS001 D.Uyanga BEFORE LAND ACQUISITION AFTER BS002 B. Bayan-Ulzii BS003 B. Dulmaa BS004 D. Oyunchimeg BS005 N. Ganbold 4
BS006 D. Khuntsetseg BS007 D. Chinbaatar BS008 Ts. Otgonkhuu BS009 B. Tseveen 5
BS010 B. Gantugs BS011 D. Dashdulam B. ORBIT-TAKHILT There were affected total 52 household including 13 owners, 37 possessors, 2 un-identified as informed by LAD of Songinokhairkhan district. The road trench was changed three times in order to reduce the number of APs according to the ADB IRP and resulted to affect total 11 households. One big empty fence was considered as one household but beginning of the September 2009, we determined that there were 2 households in the fence. It was arisen some difficulties while interviewed them because they didn t registered at LAD, however they had cadastral map. So, there are a total of 39 APs, 18 male and 21 female of 12 affected households. LAD and Capital Asset Department made several evaluations. The information data base is completed after conducted the socio-economic survey from 10 residents of 6 households and enumerated total 12 affected households. The cut-off date of 10 June 2009 for the subproject was publicly notified in the subproject area. 8 of the households are vulnerable due to incomes below the poverty line; in addition 1 household head is elderly and another disabled. None of them had loss livelihood, and house and business. 4 households are female headed. The size of the total affected land of the 12 affected households in the Orbit-Tahilt subproject is 2064m 2. of these, 3 APs are titled owners, 1 is a possessor and 8 APs are non-titled legalize occupants. There are a total of 14 affected structures on residential land, 12 of which are fences of a total length of 327.2m, and 1 latrine and one ger belonging to 12 affected households. 1 ger and 1 latrine were removed 6
and rebuilt the fences within agreed area. It is informed officially to the APs by Notice on 16 July 2009. And land conflict was resolved in cooperation with related offices and authorities. For instance, Director and officers and consultant of LAD of Songinokhairkhan district held a meeting to solve the conflict that D.Duguitsagaan and T.Purevsuren had one land in same area and determined that the land is owned by D.Duguitsagaan. The compliance of APs named Gantuya.M and Munkhbat.I solved after several times of meeting. The Orbit Takhilt subproject LARP introduction to APs was held at 22 nd khoroo of Songinokhairkhan on 17 August 2009 and attendance were 82 percent. The introduction for updated LARP, which underlined the residents opinion was arranged on 28 August 2009 and attendance were 100 percent. It is awarded the compensation contracts with all APs and notarized after approval of LARP by MRTCUD and ADB. Total 10,965,740 tugrik compensation is paid to 12 affected households of Orbit-Takhilt and issued 8 new land certificates to un-registered people, and four renewed certificate to land owners as reduced their land. One AP requested to delete the son s name from the certificate and will submit the material in July after arrival of spouse. Seven residents applied to be covered under Temporary employment project according to the LARP. It is included to the civil work bidding document. The land acquisition and resettlement work completed by 100 percent. PHOTOS, SHOOTING DURING THE COMPENSATION PROCESS ОТ001 L. Densmaa ОТ002 L. Odbayar ОТ003 M.Gantuya D.Oyuntsetageg recieved the compensation by the guarantee letter of L. Densmaa and L.Odbayar OT 004 B. Otgonbat ОТ005 D.Duguitsagaan ОТ006 Т. Purevsuren ОТ007 Ya. Munkhzorig ОТ008 I.Munkhbat ОТ009 О. Bayarmaa 7
ОТ010 S. Batbayar ОТ011 Bu.Davaadorj ОТ012 Ba. Davaadorj BEFORE AFTER ОТ 001 L. Densmaa ОТ 002 L. Odbayar /there are 2 HHs in one fence/ ОТ 003 М. Gantuya ОТ 004 B. Otgonbat 8
ОТ 005 S. Duguitsagaan ОТ 006 Т. Purevsuren ОТ 007 Ya.Munkhzorig ОТ 008 I.Munkhbat 9
ОТ 009 S. Batbayar OT010 О. Bayarmaa OT011 Bu.Davaadorj OT012 Ba. Davaadorj C. KHAILAAST There were affected total 36 household and 1 owner, 23 possessor, 2 renter, 4 co-owners, 9 unlicensed under the Khailaast subproject land acquisition and resettlement work. The project changed the road trench by replacing the road axis in order to reduce the number of 10
APs, and the total of 7 households affected by land acquisition and resettlement (LAR), including 35 affected persons (APs), 17 male and 18 female. There were conducted census of the affected households, social and economic survey from 10 persons of 5 households and took business survey from one household and united them into the data base. The cut of date was 29 April 209 and the notice was announced. 5 households are vulnerable due to incomes below the poverty line and the disability of one AP. None of them faced any livelihood losses due to the Project or are affected by a loss of housing. It is replaced the small business of one vulnerable affected person. A total of 7 households affected 421.5 m 2 of land and two of these are owners, 2 possessors and 3 unlicensed legalizable occupants of the affected land. There are removed 6 fences. One AP owns a shop for household fuels, selling coal, wood and liquid fuel. The size of the simple shop structure is 71.5m 2, which affected and needs to be relocated. Mijiddorj.B, removed the shop however he didn t rebuilt the shop in the allocated land and instead of the shop he build a garage in another place and said he will be rebuild the shop in due land after construction of road. The land department of the district issued him 75m2 lands and included its cadastral map in to the data base. He also compensated for one month of business interruption. E.Khongorzul is living in USA, and sent I guarantee letter through consular at USA. There were organized a public consulting meeting on 08 July 2009 and participated residents of 6 households, Ts.Khashchuluun, valuator of UB City Land Administration Department, Ch.Sugar, land officer of the Chingeltei district. The notice was announced on 16 July 2009. It is awarded the compensation contracts with all APs and notarized 100 percent after approval of LARP by Governor of UMG and ADB. The APs were compensated first 75 percent by 30 September 2009. The compensation process was made under the revision of Sh.Jargalsaikhan, Governor of 16 th khoroo, Ch.Tumenbayar, officer of human right protection center, S.Tsengelmaa, external monitoring specialist, n.tuyatsatsaral, accountant of LAD of Chingeltei district and G.Bolor, PIU accountant. Total 8,011,251-tugrik compensation is paid to seven affected households of Khailaast. Two unlicensed APs received new land certificate and renewed the land certificate of 2 owner APs, because of decreased their land area. The land acquisition and resettlement work completed by 100 percent according to the LARP. PHOTOS, SHOOTING DURING THE COMPENSATION PROCESS KL001 Mijiddorj.B KL002 Enkhmaa.A KL003 Batchuluun.B KL004 Batgerel.T KL 005 Jambal.D KL 006 Khungorzul.E 11
KL 006 Enkhbat.M M.Enkhbat is the brother of E.Khongorzul and he made a compensation contract, representing his sister by her guarantee. 12
LAND ACQUISITION BEFORE AFTER KL001 Mijiddorj.B KL002 Enkhmaa.A KL003 Batchuluun.B KL004 Batgerel.T KL005 Jambal.D 13
KL006 E.Khongorzul KL007 M.Enkhbat D. ERDENET LACUDD of Orkhan aimag informed to affect 47 household, residing in trench area. In the further study, there were affected several renters and total APs became 51 households. The cut of date was 29 June 2009 and the notice was announced. There were enumerated census study from 44 households and conducted socio-economic survey from 24 resident of 13 households based on their age, gender and ethnic group out of them. The land real state evaluation made by LAD of Orkhan aimag was not requited the DAB criteria thus contracted with Besge LLC to evaluated the real estate. Except 3 unidentified civil, all APs contracted and notarized the contract 100 percent after Governor of Orkhon aimag and ADB approval of LARP. Three times of LARP introduction held at 10:00, 13:00 and 15:00 at Shand bag on 10 September 2009. Three household requested to be measured the area again, and solved the issue. The updated LARP introduction included the APs opinion was held on 12 September 2009. Erdenet subproject Working group meeting held on 9 September 2009. There were attended Oyunbat.D, Governor of Orkhon aimag, Olzbaatar.Kh, director of Orkhon aimag administration office, Sarangerel.O, state registration officer of State Ownership Registration Department, Tsanashir.Ts, LACUDD of Orkhon aimag, Jargalsaikhan.S, Governor of Bayan- 14
Undur soum, Tserendorj.N, pipeline engineer of Orkhon aimag, Baatarkhuu.L, PIU director in Erdenet, Ralf Starkloff, consultant, Purevsuren.D, resettlement specialist, Bolormaa.O, translator and discussed about land acquisition and resettlement work of Erdenet subproject. Ts.Tsanahir notified that the land certificate renewal cost whose land areas are reduced is not calculated in the LARP and recommend being included. Thus it is agreed to be financed by the governor reserve fund of the Orkhon aimag. AP named L.Ariuntuya refused to acquisition of 9m 2 land after approval of LARP and awarded contract. Governor of Bayan-Undur soum and Director and officers of LAD and resident met to solve this case, however the AP is strictly refused. In consequence of this, the trench was changed and excluded APs- ER001, ER046 total APs number became 49 household. There were 29 HHs removed fences by 25 May 2010 and 2 HHs are still unidentified. If it is still not be found until 1 July 2010, the LAD will arrange the land acquisition. Total 48 132 05 tugrug paid for compensation. Land acquisition and resettlement status by 25 May 2010 Subproject Affected HHs Affected people HHs compensated 100 % Removed fences, Structure, latrine Compensation by Khailaast 7 35 7 7 8 011 251 100 Baruun - 11 45 11 10 11 943 978 100 Salaa Orbit- 12 39 12 12 10 965 740 100 Takhilt Erdenet 49 204 32 39?? 48 132 053 65,3 Total 79 323 62 79 053 022 Percentage MEETINGS The LARP of Baruun Salaa and Orbit Takhild were introduced at meeting with Resettlement Plan Implementation Committee on 02 September 2009. There were attended 11 people including Ch.Saikhanbayr, Governor of Songinokhairkhan (SHD) district, N.Ganaa, governor of 7 khoroo of the SHD, S.Ayush, governor of 22 khoroo of the SHD, S.Ariunjargal, officer of Property Relations Agency (PRA) of the Capital City, l.byambadorj, governor of 9 khoroo of the SHD, T.Purevsuren, AP under Orbit-Takhilt subproject, O.Baasansuren, Director of Product and service department of SHD, N.Munkhbayar, officer of LAD of SHD, Ralf Starkloff, resettlement consultant, D.Purevsuren, PIU resettlement specialist, O.Bolormaa, PIU translator. 15
The LARP of Khailaast subproject were introduced at meeting with Resettlement Plan Implementation Committee on 31 August 2009 with 6 members. The meeting was chaired by S.Bayarmagnai, deputy governor of Chingeltei district because N.Ganbold, the Governor of Chingeltei I district was absent. S.Bayarmagnai, deputy governor of Chingeltei district, A.Tushig, director of БМХОD of Property Relations Agency of Capital city, E.Bolorchuluun, LAD director of Chingeltei district Ralf Starkloff, resettlement consultant, D.Purevsuren, PIU resettlement specialist and Sh.Jargalsaikhan, Governor of 16 khoroo, Chingeltei district. Erdenet subproject working group meeting held on 9 September 2009. There were attended Oyunbat.D, Governor of Orkhon aimag, Olzbaatar.Kh, director of Orkhon aimag administration office, Sarangerel.O, state registrator of State ownership registration department, Tsanashir.Ts, LACUDD of Orkhon aimag, Jargalsaikhan.S, Governor of Bayan- Undur soum, Tserendorj.N, pipeline engineer of Orkhon aimag, Baatarkhuu.L, PIU director in Erdenet, Ralf Starkloff, consultant, Purevsuren.D, resettlement specialist, Bolormaa.O, translator and discussed about land acquisition and resettlement work of Erdenet subproject COOPERATION CHANLLENGES Met with G.Urantsooj, Director of Human right and development center and introduced about the LAR. it is a member of Forum Asia International organization, and intened to do monitoring for ADB funded projects. Ch.Tumenbayar, officer of this NGO participated and investigated the process of compensation to Khaiaast APs. Met with D.Oyuntsetseg, Sh.Oyuntselmeg, D.Tsetseg-Erdene, B.batchuluun according to the signed request of residents named D.Oyuntsetseg, Sh.Oyuntselmeg, Yo.Badarch, T.erdene-Ochir, S.Sundui on 3 March 2009 and provided detailed information about the road. It is informed to Sh.jargalsaikhn, Governor of 16 khorooby letter dated 2 April 2009. They provide negative information to ADB website and made compliment to Democratic education Center NGO because of misunderstanding and lack of information. There were some mistakes arisen for the land measurement made by LAD of UMG. For example: land area was different as for the Baruun Salaa residents named Ganbold.N, Kuntsetseg.D and Chinbaatar.D. This case wasted much time to be solved. 16
It is realized that cadastral map developing companies work insufficient, with low quality. There were big differences on the cadastral map of Bu.davaadorj, Ba.Davaadorj, residents of Orbit Takhilt. LAD officer of N.Munkhbayar, UMG made measurement and determined their actual land area. As for civil I.Munkhbat s cadastral map. There were also arisen big difference and made a bother to him. Here, it is pleased to appreciate to N.Munkhbayar and B.Zagdsambar, LAD officers of Songinokhairkhan district and D.Sugar, LAD officer of Chingeltei district for their effort on solving conflicts and compliments. Land affair is one of social new relation. Civil have not got enough information, do not focus on complete material to take land certificate, they are just careless. The resettlement work faced with difficulties in consequence of incomplete statement about land affair on Mongolian land law and legislation, has bad implementation and different approaches of law maintain practice. CONCLUSION The land acquisition and resettlement works for Erdenet, Basic urban service improvement subproject under Component A and Khailaast, Orbit Takhil and Baruun Salaa subprojects under Component B - Ulaanbaataar road improvement completed as planned schedule in the framework ADB funded L2301-MON: Urban Development Sector project. The resettlement undergone in accordance with Asian Development Bank's (ADB's) Involuntary Resettlement Policy (1995) and Bank policy implementation manual ( 2006) without any insufficient case and benefitted the APs and civil, directing them to efficient development, however they replaced their living environment, lost some properties. Reported by: Purevsuren.D Resettlement specialist 2010.05.15 17