Resettlement Plan October 2017 PRC: Guiyang Integrated Water Resources Management (Sector) Project Resettlement Plan for Mengguan Water Treatment Plant under the Hongyan Reservoir Noncore Subproject Prepared by the Guiyang municipal government for the Asian Development Bank.
This resettlement plan 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. Your attention is directed to the terms of use section of this website. 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.
ADB-funded Guiyang Integrated Water Resources Management (Sector) Project (Loan 2573-PRC) Mengguan Water Treatment Plant under Hongyan Reservoir and Associated Waterworks Subproject Short Resettlement Plan Guiyang Municipality Government Guiyang Zhushui Water Resources Industrial Development Co., Ltd. October 2017
Table of Contents 1 Background and Introduction... 1 2 Scope and Resettlement Impacts... 3 3 Law/Policies Framework and Compensation Rates... 5 3.2 Compensation rates for collective land acquisition... 5 3.3 Compensation rates for ground attachments and young crops... 6 3.4 Taxes and fees related to land acquisition... 6 3.5 Entitlement Matrix... 7 4 Information Disclosure and Public Participation... 9 5 Resettlement Measures... 11 5.1 Resettlement Objectives... 11 5.2 Restoration Measures for Villagers affected by permanent LA... 11 5.3 Restoration Measures of temporary land occupation... 12 6 Resettlement Budget... 13 6.1 Resettlement funds budget... 13 6.2 Annual Investment Plan... 14 7 Resettlement Organizations... 15 8 Grievances Redress Mechanism... 20 9 Implementation schedule... 22 10 Resettlement M&E... 24 Appendix 1 Due diligence Review on land contract rights return in Mengguan Village in 2015... 27 Appendix 2 Approval of Preliminary Land Examination of Mengguan WTP... 30 Appendix 3 Approval of Site Selection of Mengguan WTP... 31
1 Background and Introduction 1. This resettlement plan only includes the core contents of the Mengguan WTP (hereafter as the Component ) under Hongyan Reservoir and Associated Waterworks Subproject of ADB funded Guiyang Integrated Water Resources Management (Sector) Project (Loan 2573-PRC). Some of the contents, for example, policy framework, monitoring and evaluation agency, organizational responsibility, are in accordance with the resettlement plan of Hongyan Reservoir approved by ADB. So the focus of this report is on resettlement impacts, compensation rates and restoration measures of the Component. 2. After a long period of careful and detailed preparatory work, the Guiyang Municipality Government has made the decision to construct the Component under Hongyan Reservoir and Associated Waterworks Subproject (see figure 1). According to the Urban Development Master Plan of Guiyang City (2011-2020), as well as the current capacity of water supply in Guiyang City, a water supply system with 1 million m 3 /d scale will be constructed. The construction plan of the Component includes: The raw water of the Mengguan WTP is accessed from Hongyan Reservoir, pressurized to the high pool and flow to Mengguan WTP. After the process of mixing, reaction, precipitation, filtration and disinfection, the water is pressurized by the pressure pump house of the factory and sent to the urban users. The component of Mengguan WTP will be in charge of construction of water pipes with a length of 3.855 km. 1 The component will only implement the construction of the water conveyance for 3.855 km, water purification and water distribution subcomponents. The construction period of Mengguan WTP will be from December 2017 to December 2018. 3. According to ADB review mission s memorandum of understanding in April 2017, this resettlement plan for the Component has been prepared for ADB s review and approval. 1 Hongyan reservoir and associated waterworks subproject (under the Guiyang Integrated Water Resources Management (Sector) Project) will be in charge of the construction of Hongyan reservoir construction and water accessing components. It will also take charge of constructing the water pipes for water conveyance with 22.5 km. All these components and LAR impacts have been included in original RP of Hongyan reservoir and associated waterworks subproject. 1
Figure 1 Location Map of Mengguan WTP 2
2 Scope and Resettlement Impacts 4. The Component will occupy 58.68 mu of land in total, among which 41.93 mu of land for the Mengguan WTP, 13.75 mu of land for access road and 3 mu of land for the high-water-level pond. 5. The land occupied by the Mengguan WTP and access road with an area of 55.68 mu is collectively owned by Mengguan Village, Mengguan Town, see figure 2. These land had been transferred from 21 households contracted farmland into collectively managed land in June 2015 on basis of voluntary negotiation for the collective economic development, while the land compensation had been paid to these affected households according to the compensation standards (87,400 yuan/mu) at that time by the Mengguan village committee. After receiving land compensation, the affected households got employed in Guiyang Automobile Trade Market with stable income. On Aug 24, 2017, Mengguan Village committee issued a clarification letter of their land compensation in 2015. It s concluded that there are no any pending issues for these land compensation. More details can be seen in the Due Diligence Review in appendix 1. Figure 2 Land to be acquired for Mengguan WTP 5. The high-water-level pond will occupy 3 mu of barren hill land in Heliu Group, Hongxing Village, Mengguan Town. The land is contracted by 8 households with 25 persons. No vulnerable groups are identified among affected persons. 6. In addition, the Component will take charge of the construction of the water pipelines 2 with 3.855 km, which will occupy 34.69 mu of unused land temporarily. These water pipelines will be laid along the existing roads. So no farmland will be occupied without any affected persons. 2 Hongyan Reservoir Subproject will take charge of construction of other water pipelines with 22.5 of km. 3
7. Besides, 4 electrical poles will be relocated due to the construction of the Component. 8. The land occupation impacts of the Component can be seen in Table 1. Table 1 Impacts of land occupation by the component Subcompone nt Plant area Access road Pump station and water pond Village Menggua n Menggua n Heliu Group, Hongxing Village Constructive land Barre n hill land Subtot al Mu Mu Mu Affected population househol ds person s 41.93 0 41.93 0 0 13.75 0 13.75 0 o 0 3.00 3.00 8 25 Total 55.68 3.00 58.68 8 25 Remarks Compensat ed by village committee in 2015 4
3 Law/Policies Framework and Compensation Rates 3.1 Laws, Regulations and Policies on Resettlement 9. The resettlement policies of the Subproject have been developed in accordance with the laws and regulations of the PRC, and ADB s applicable policy. (1) ADB resettlement policy (2) Laws, regulations and policies of the PRC Land Administration Law of the PRC (effective from January 1, 1999, amended on August 28, 2004) Regulations on the Implementation of the Land Administration Law of the PRC (effective from January 1, 1999) Decision of the State Council on Deepening the Reform and Rigidly Enforcing Land Administration (SC [2004] No.28) Notice on Issuing the Guidelines on Improving Compensation and Resettlement Systems for Land Acquisition (MLR [2004] No.238, effective from November 3, 2004) Measures on Public Announcement of Land Acquisition (Decree No.10 of the Ministry of Land and Resources) (effective from January 1, 2002) (3) Applicable policies of Guizhou Province and Guiyang City Land Administration Regulations of Guizhou Province (effective from January 1, 2001); Opinions of the Guizhou Provincial Government on Deepening the Reform and Rigidly Enforcing Land Administration (GPG [2005] No.17) (effective from June 21, 2005) Notice of the Guizhou Provincial Government on Strengthening the Land Acquisition Management of Key Construction Projects (GPG [2004] No.5) Decision of the Guizhou Provincial Government on Amending the Administrative Measures for Woodland Acquisition and Occupation Compensation of Guizhou Province (Decree No.124 of the Guizhou Provincial Government) (April 1, 2011) Notice of the Guiyang municipal government on the opinions of the affected farmers employment by land acquisition and social security (GMG [2011] No.62) The Notice of the Guiyang Municipal Government on updated Uniform AAOV Rates and Location-based Land Prices for Land Acquisition (GMG [2016] No.28) 3.2 Compensation rates for collective land acquisition 10. According to aforementioned law/policies framework, particularly the Notice of the Guiyang Municipal Government on updated Uniform AAOV Rates and Location-based Land Prices for Land Acquisition (GMG [2016] No.28), the land compensation rates of 5
land acquisition in Guiyang can be seen in Table 2. District Huaxi District Table 2 Updated compensation standards of land acquisition in Mengguan Town Town Benchmark rate (Yuan/mu) Land type adjustment ratio Compensation rate (Yuan/ mu) Mengguan 96000 Farmland 1 96000 Others 0.4 38400 3.3 Compensation rates for ground attachments and young crops 11. Ground attachments and young corps compensation rates are based on the No.2016-(50) and relevant documents issued by Guiyang Municipality Huaxi District Government. See details in table 3 and 4. Table 3 Compensation rates for ground attachments District Land type Comprehensive ground attachments compensation rate (Yuan/ mu) Remarks Huaxi Farmland 20000 No matter how many ground Huaxi 20000 attachments on the land to be acquired, Others the comprehensive compensation rate is same for different land type and plots Table 4 Compensation rates for young crops Land category Unit Paddy land Dry land First-class Yuan/mu 1807 1301 Secondary Yuan/mu 1468 1038 Low-grade Yuan/mu 1134.5 791.5 Note: For the temporary land occupation of non-farmland, the compensation rate will be 1301 yuan/mu for one year. 12. So in addition to compensation of land acquisition, village committees and/or villagers will receive the comprehensive compensation for ground attachments with a rate of 20,000 yuan per mu of and compensation for young crops with 1,807 yuan per mu, respectively. 3.4 Taxes and fees related to land acquisition 13. See table 5. Table 5 Rates of Other Costs No. Item Rate Basis 1 Farmland occupation 30 yuan/m2 Implementation Measures for Farmland tax Occupation Tax of Guizhou Province (GPG [2010] No.19) 6
2 Land reclamation fees 6400 yuan/mu Opinions of the General Office of the Guizhou Provincial Government on Improving Land Development and Cultivated Land Balancing (GPGO [2007] No.101) 3 extraction standard of social security 23800 fund(farmland) extraction standard of social security 9520 fund( other land) 4 LA management costs 4% of LA and compensation 5 Contingencies 15% of LA and compensation 3.5 Entitlement Matrix 14. The entitlement matrix has been established in accordance with the applicable policies in this chapter, as shown in Table 6. Table 6 Entitlement Matrix Type of Degree of impact APs Entitlements Compensation impact policy/rates Permanent 58.68 mu of (1) Mengguan 1) LA 1)Mengguan Xiang: acquisition of collective land, village compensation, 96,000 yuan/mu for collective including 55.68 (2) 8 HHs with including land cultivated land, land farmland and 3 mu 25 APs in compensation and 38,400 yuan/mu for of barren hill land Heliu Group, resettlement subsidy non-cultivated land; Hongxing 2) Priority in Village employment during construction 3) Free skills training All compensation will be distributed to village committees or APs directly through bank card Ground 58.68 mu of (1) Mengguan Provide cash (1)Comprehensive attachments collective land, village compensation in ground attachments and young including 55.68 (2) 8 HHs with accordance with compensation crops farmland and 3 mu 25 APs in relevant policies. rate :20,000 Yuan/ mu of barren hill land Heliu Group, (2)Young crops 7
Temporary land occupation Special facilities Grievances and appeals Hongxing Village 34.69 mu unused none (1) provide cash land owned by compensation collective for one year (2) restore to original status by IAs or contractors 4 electrical poles none (1) provide cash compensation for one year (2) relocate to other places by their owners Compensation All APs Free; all costs so rates, reasonably incurred payment and will be disbursed resettlement from the measures contingencies compensation rates: 1,807 yuan/mu for paddy land and 1,301 yuan/mu for dry land respectively 1301 yuan/mu 50,000 yuan per pole / 8
4 Information Disclosure and Public Participation 4.1 Information Disclosure and Public Participation at the Preparation Stage 15. According to the survey conclusion from Guiyang Zhushui Water Resources Industrial Development Co., Ltd. during preparation stage from the first half of 2017, it can be found that: (1) the construction of Mengguan WTP and associated waterworks is strongly supported by affected villages and villager due to its contribution on water supply; and (2) there are no difficulties regarding land compensation and acquisition since there are no significant impacts on villagers livelihood and the compensation rates are reasonable and acceptable;(3)these 8 affected households were fully consulted and they agreed with the compensation rates and their plans for utilizing the compensation. 16. On 22 Aug, 2017, ADB staff consultant conducted field survey in project sites and the Mengguan Village Committee provided a clarification letter on their land returning and compensation in 2015, see details in appendix 1. 4.2 Information Disclosure and Public Participation Plan 17. With the progress of project preparation and implementation, the implementing agency have conducted or will conduct further public participation. See table 8. Table 8 Plan for Information Disclosure and Public Consultations Forms of Targeted Objectives Time IA Remarks meeting participants 1. Introduce the Villagers Component and meeting & Sep-Oct the RP to the APs group 2017 and solicit their discussion. opinions. 2. RIB disclosure 4. Conduct DMS All affected EA, IA, DI, District village Meetings held in Gov. VC committees affected VCs and APs VC meetings, All affected Publicize RIB, discuss concerned IA, Town Gov., VC, village key issues and the Sep 2017 groups XDLRB committees APs' suggestions and discussions and APs solicit opinions Site survey and October, household 2017 interviews All affected Survey of LA, in-kind PPMO, IA, Town village indexes, search for Gov., VC, XDLRB committees socio-economic data and APs 5. Sign land All affected Organize APs meeting acquisition Villagers NovemberPPMO, IA, Town village to introduce eligible agreements and meetings 2017 Gov., VC, XDLRB committees compensation and pay for the relevant and APs entitlements compensation 9
Give priority of 7. participation in VC meetings, All affected employment of skilled From PPMO, IA, Town the construction concerned village and unskilled jobs to DecemberGov., VC, external and operation of groups committees affected villagers 2017 monitor Mengguan WTP discussions and APs during construction and operation stage Notes: XDLRB = Xuaxi Distrcit Land Resources Bureau; VC =Village Committee. 10
5 Resettlement Measures 5.1 Resettlement Objectives 18. The overall objective of the resettlement is to provide the APs with new opportunities for livelihoods and to help the labor force to get employed. This would improve production and livelihoods of the APs to a level not lowered than the preproject level. The principles of resettlement and rehabilitation are as follows: (1) Adequate cash compensation will be provided for land loss families in accordance with relevant laws and regulations. (2) Proposed resettlement plan and livelihood restoration plan will provide the following arrangements: (i) provide employment and income opportunities in the implementation and operation stage of the project; (ii) prompt development of selfemployed business in tertiary industries such as construction machinery and equipment rental, transportation, freight transport, maintenance, entertainment, catering, hotel services, and tourism; (iii) provide technical training to the APs to enhance their labor skills for higher employment possibilities offered by other units and enterprises. (3) The APs are consulted on relevant issues relating to the development of resettlement plans and compensation rates. 5.2 Restoration Measures for Villagers affected by permanent LA 19. Regarding the permanent acquisition of 55.68 mu of reserved collective construction land in Mengguan village, no person will be affected directly. Based on the voluntary decision during villager representatives meeting, the land compensation will be paid to Mengguan Village Committee and will be used for the development of collective economic and construction of public infrastructure. All the villagers will be benefited from such measures. 20. In term of the permanent acquisition of 3 mu of barren hill land in Hongxing village, 8 households with 25 persons will be affected, but there is no income loss nor livelihood impacts on these affected population. So cash compensation will be paid directly to these AHs in line with the compensation rates specified in table 3 and 4. 21. All the villagers of Mengguan villages and the 25 APs in Hongxing Village will hold the priority to get employed for the skilled and un-skilled opportunities during the construction and operation of Mengguan WTP and associated waterworks. 22. In addition, Xuaxi District Government and Mengguan Town Government will prompt development of self-employed business in tertiary industries to create more income opportunities for affected population, such as construction machinery and equipment rental, transportation, freight transport, maintenance, entertainment, catering, hotel services, and tourism. 11
23. To ensure the affected population can meet the requirements of employment opportunities and business star-up, local government will give priority to affected villagers to receive free skill trainings annually organized by labor and social security departments. 5.3 Restoration Measures of temporary land occupation 24. For the temporary land occupation, only collective unused land along existing roads will be affected in short term, so no person will be negatively affected at all. As per the rates in table 5, land compensation will be paid directly to village committees who own these land. After the temporary land occupation, civil work contractors will restore the land to original status. Village committees and villager representatives will supervise the processing of land restoration. 12
6 Resettlement Budget 6.1 Resettlement funds budget 25. According to the compensation standards and statistical quantity of all kinds of affected items, the total resettlement cost of the Component is 10,852,675 yuan. The budget can be seen in Table 9. The investment plan of each year can be seen in Table 7. Since external monitor has been already engaged by Guiyang PMO and the costs are already included in the original RP of Hongyan Reservoir and associated water works. So there is no need to consider again the budget of external monitoring here. Table 9 Resettlement funds budget No. Item Type Unit Rates Quantity Amount 1 2 1.1 1.2 1.3 1.4 Rural resettlement compensation fee Land compensation Comprehensive ground attachments compensation Young crops compensation Temporary land occupation compensation Specialized project alteration Collectiv e Construc tion land Barren hill land Mu 96000 55.68 5345280 Mu 38400 3 115200 Subtotal 58.68 5460480 Collectiv e Construc tion land Barren hill land Mu 20000 55.68 1113600 Mu 20000 3 60000 Subtotal 58.68 1173600 Collectiv e Construc tion land Barren hill land Mu 1807 55.68 100613.76 Mu 1301 3 3903 Subtotal 58.68 104516.76 Unused land Pole Mu 34.69 1301 45131.69 Pie ce Percent age 6783728.5 62.51% 50000 4 200000 1.84% 3 Other expenses 2851387.714 26.27% 13
3.1 3.2 3.3 Farmland occupation tax Land reclamation fees Social security fees Construc tion land (originall y as farmland) Mu 20010 55.68 1114156.8 Construc tion land (originall Mu 6400 55.68 356352 y as farmland) Construc tion land Mu 23800 55.68 1325184 Wasted land Mu 9520 3 28560 Subtotal 58.68 1353744 3.4 LA management costs 4% of LA and compensation 27134.9138 15% of LA and 4 compensation Contingencies 1017559.268 9.38% 5 Total 10852675.43 6.2 Annual Investment Plan 27. According to the project timetable, the construction of the project will last for 12 months, starts from December of 2017 to December of 2018. Annual capital flow is expected to reach 80% in 2017 and 20% by the year of 2018. See table 10. Table 10 Annual investment plan Year 2017 2018 Subtotal Source Ratio 0.8 0.2 1 Guiyang Zhushui Water Annual Resources Industrial investment (yuan) 8682140 2170535 10852675 Development Co., Ltd. 14
7 Resettlement Organizations 7.1 Resettlement Implementation and Management Agencies 28. In order to ensure successful LA and resettlement as desired, GMG has established a project leading group for the coordination of project preparation and implementation, composed of leaders from the water resources bureau, land and resources bureau, finance bureau, civil affairs bureau, etc., and its members are experienced in LA, HD and resettlement. The Guiyang PMO thereunder is responsible for project preparation, coordination, implementation and management, and has established a social, environmental and resettlement section with two full-time members. 29. The agencies and their responsibilities related to LA and resettlement in the Subproject are: Project Leading Group: responsible mainly for organizing the resettlement of the Subproject, formulating policies on resettlement activities of the Subproject, and coordinating relations among the resettlement agencies at all levels. Guiyang PMO: responsible mainly for handling day-to-day affairs in resettlement planning and implementation, and exercising the management, planning, implementation, coordination, supervision and monitoring functions of resettlement as the project management agency, including: 1 executing major decisions of the Subproject Leading Group on the Subproject; 2 coordination, management, supervision and service in project implementation; 3contacting with the state, provincial and municipal departments concerned, and ADB; 4coordinating the finalization of legal documents of the Subproject with ADB, and reporting to the Project Leading Group and ADB regularly; 5appointing an external resettlement M&E agency to monitor and evaluate resettlement activities. Guiyang Zhushui Water Resources Industrial Development Co., Ltd. (IA): 1appointing a resettlement consulting agency to prepare for resettlement; stage; 2coordinating the consulting agency with other agencies at the preparation 15
3coordinating the implementation progress of the Subproject and the RP; 4reporting the resettlement fund disbursement plan and supervising the disbursement of funds; 5raising resettlement funds and disbursing funds timely; 6responsible specifically for resettlement implementation; 7tracking and supervising the disbursement of resettlement funds; 8handling grievances and appeals of APs arising from resettlement; 9supporting the work of the external M&E agency; 10 collecting and compiling information required for internal monitoring reporting Huaxi District Land and Resource Bureau: assisting the design agency in defining the subproject area, conducting the DMS and saving data; 2assisting in preparing the RP and implementing resettlement; 3selecting resettlement officials for operational training; 4organizing public consultation, and communicating resettlement policies; 5directing, coordinating and supervising LA and resettlement activities and progress; 6implementing resettlement, disbursing resettlement costs according to the agreement and handling grievances of APs; 7carrying out internal monitoring, preparing internal monitoring reports and reporting to the Guiyang PMO regularly; 8assisting in external monitoring activities. Mengguan Township government: the township resettlement office is headed by the township leader responsible, and composed of key officials of the land and resources office, police office, civil affairs office and villages. The main responsibilities are: 1participating in the survey of the Subproject, and assisting in the preparation of 16
the RP; 2organizing public participation, and communicating the resettlement policies; 3implementing, inspecting, monitoring and recording all resettlement activities within the township; 4 responsible for the disbursement and management of land compensation fees; 5supervision LA; 6reporting LA and resettlement information to the county land and resources bureau; 7coordinating and handling grievances and issues arising from its work. Village/community committees: the resettlement working team of a village or community committee or village group is composed of its key officials. Its main responsibilities are: 1Participating in the socioeconomic survey and DMS; 2Organizing public consultation, and communicating the policies on LA and HD; 3Selecting resettlement sites and allocating housing sites; 4Organizing the implementation of agricultural and nonagricultural resettlement activities; 5Managing and disbursing resettlement funds; 6Reporting the APs opinions suggestions and grievances (handling) to the competent authorities; 7Reporting the progress of resettlement; 8Providing assistance to the AHs with difficulties Design agency: 1At the planning and design stage, it will survey the physical indicators of LA, environmental capacity, usable resources, etc. accurately, and assist the governments in the subproject area in developing resettlement programs, preparing budgetary investment estimates for compensation for LA, and preparing the relevant drawings. 2At the implementation stage, it will submit the design documents, technical 17
specifications, drawings and notices to the owner timely, make design disclosure to the Guiyang PMO. Supervision agency: resettlement supervision is an important aspect of resettlement implementation. In the Subproject, supervision will be performed by a qualified independent agency (engaged for the Hongyang reservoir subproject) in accordance with the Regulations on the Construction Supervision of Water Resources Projects. 3 1 controlling the whole house construction process, and ensuring that infrastructure at the resettlement sites are sufficient; 2assisting the project owner in developing feasible resettlement programs, ensuring that resettlement is conducted on schedule; 3conducting contract management properly, and coordinating issues arising from contract performance timely; 4conducting information management properly; 5assisting local governments in project coordination and implementation. 30. The land to be permanently occupied by the Component will be acquired by the Guiyang Huaxi District Land and Resources Bureau and government of Huaxi District Mengguan Town. Then the land will be handed over to Guiyang Zhushui Water Resources Industrial Development Co., Ltd. for the construction of the Component. On June 30, 2017, Guiyang Municipality Planning Bureau approved the construction site selection of the Component (Construction No.: 2017-0047). On June 30, 2017, Guiyang Municipality Land and Resources Bureau approved the preliminary land examination of the Component (MLR {2017} No.565). The land acquisition office is equipped with sufficient staff and necessary working conditions. 31. During the implementation of the ADB-funded Guiyang Integrated Water Resources Management (Sector) Project, Guiyang PMO has hired the National Research Center for Resettlement (NRCR) of Hohai University to take responsibility of the external monitoring and evaluation. 7.2 Key staff of RP Implementation 32. The main resettlement organizations and key staff are shown in Table 11. 3 These tasks apply mainly for the reservoir sub-project that involve physical relocation and resettlement. 18
Table 11 Resettlement organizations and key staff Resettlement organizations Person in charge Phone number Guiyang PMO Meng Jianjian 0851-86989312 Guiyang Huaxi District Land and Bureau Resources Wang Mei 0851-83851008 Guiyang Zhushui Water Resources Industrial Development Co., Ltd. Luo Dongping 0851-86989315 Mengguan Town government Yang Zuorong 0851-83960115 External monitoring and evaluation agency office Chen Shaojun 13851548588 19
8 Grievances Redress Mechanism 33. Since public participation is encouraged during the preparation and implementation of the RP, no substantial dispute should arise. However, unforeseeable circumstances may arise during this process. In order to address issues effectively, and ensure the successful implementation of project construction and LA, a transparent and effective grievance redress mechanism has been established. 8.1 Appeal Procedure 34. A grievance redress mechanism has been established to ensure the successful implementation of LA and resettlement: Stage 1: If any AP is dissatisfied with the RP, he/she can file an oral or written appeal to the village committee or township resettlement office orally or in writing. In case of an oral appeal, the village committee or township resettlement office shall handle such appeal and keep written records. Such appeal should be solved within one weeks. Stage 2: If the AP is dissatisfied with the disposition of Stage 1, he/she may file an appeal to HDLRB after receiving such disposition, which shall make a disposition within two weeks. Stage 3: If the AP is still dissatisfied with the disposition of Stage 2, he/she may file an appeal to Zhushui Company after receiving such disposition, which shall make a disposition within two weeks. Stage 4: If the AP is still dissatisfied with the disposition of Stage 3, he/she may file an appeal to the Guiyang PMO after receiving such disposition, which shall make a disposition within two weeks. 35. The APs can also put forward grievance to external monitoring and evaluation agency, the external agency reports it to project management office. Or the APs can put forward grievance to project team of ADB. If good faith efforts are still unsuccessful and if there are grievances that stem from non-compliance with ADB s safeguard policy, the affected person may submit a complaint to ADB s Office of Special Project Facilitator or Office of Compliance Review in accordance with ADB s Accountability Mechanism (2012) 4. 36. At any stage, an AP may bring a suit in a civil court directly if he/she is dissatisfied with the grievance redress procedure or disposition. 37. All grievances, oral or written, will be reported to ADB in internal and external resettlement monitoring reports. 38. All agencies will accept grievances and appeals from the APs for free, and costs so reasonably incurred will be disbursed from the contingencies. During the whole 4 See http://www.adb.org/accountability-mechanism/default.asp. 20
construction period of the Component, these appeal procedures will remain effective to ensure that the APs can use them to address relevant issues. The above grievance redress mechanism will be communicated to the APs at a meeting or through the RIB, so that the APs know their right of appeal. In addition, the appeal process will be published to affected population on mass media. 8.2 Contact Information for Grievances and Appeals 39. The Guiyang PMO, IA and HDRB will appoint persons chiefly responsible to accept and handle grievances and appeals, and the relevant information is shown in Table 12. Table 12: Information of agencies and persons receiving complaints and grievances Resettlement organizations Contactor Address Mobile number Guiyang PMO He Ying 15 th floor, Kailin City, North Jinyang Road, Guanshanhu District, Guiyang 0851-86989312 Guiyang Huaxi District Land and Resources Bureau Wang Mei 0851-83851008 Guiyang Zhushui Water Luo 15 th floor, Kailin City, 0851-86989315 Resources Industrial Dongpin North Jinyang Road, Development Co., Ltd. g Guanshanhu District, Guiyang Mengguan Town government Yang Guiyang Mengguan 0851-83960115 Zuorong Town Mengguan Village in Song Mengguan Village in 13339602228 Mengguan Town Baolin Mengguan Town, Guiyang Hongxing Village in Long Hongxing Village in 13511979800 Mengguan Town Xianping Mengguan Town, Guiyang 21
9 Implementation schedule 40. The general resettlement schedule of the Component has been drafted based on the progress of construction, LA and HD, and resettlement preparation and implementation. See Table 13. Table 13 Implementation schedule No. Resettlement Task Agency responsible Time Remark 1 Information disclosure 1.1 1.2 Disclosure of the RP Disclosure of the RP on ADB s website 2 RP and Budget 2.1 Approval of RP / 2.2 Budget approval (compensation rates included) 3 Release LA Notice 3.1 Disclosure of LA Notice to APs AHs PMO Nov, 2017 10.85 million yuan Mengguan and Hongxing Village ADB, PMO Nov, 2017 ADB, PMO, Huaxi District Government Guiyang DRC 4 Compensation Agreement and Payment 4.1 4.2 Village-level land compensation agreement Compensation paid to AHs Mengguan and Hongxing Village 8 HHs Municipal Zhushui Company, Huaxi District Government Huaxi Government, Company Huaxi Government, Company 5 Capacity Building of Resettlement Agencies 5.1 6 M&E Staff of RP office and land & resources bureau 6.1 Baseline survey District Zhushui District Zhushui Nov. 2017 Nov. 2017 Nov. 2017 Nov. 2017 Nov. 2017 5 persons PMO, External Monitor Nov. 2017 As per the RP External M&E agency Nov. 2017 The budget is included in FSR and will be approved by Guiyang DRC Included in the 1 st 22
report 6.2 Establishing an internal M&E agency As per the RP PMO, Company Zhushui established Appointing an 6.3 external monitoring one PMO done Hohai University agency 6.4 External agency M&E Semiannual report External M&E agency January. 2018 July. 2018 1 st report 2 nd report External Annual 6.5 monitoring External M&E agency January. 2019 3 rd report report reporting Project 6.6 Completion PMO and Zhushui One report report (including Company December. 2019 LAR) 7 Public consultation PMO and Zhushui Company Ongoing 8 Grievance redress PMO and Zhushui Company Ongoing 9 Commencement of Civil Construction 9.1 Commencement PMO and Zhushui of civil Company construction Dec. 2017 23
10 Resettlement M&E 41. To ensure the successful implementation of the RP and resettle the APs properly, periodic M&E on LA, HD and resettlement activities will be conducted in accordance with ADB s resettlement policy. Monitoring is divided into internal monitoring of resettlement agencies and external independent monitoring. In addition, resettlement arising from the Component will be subject to supervision. 10.1 Internal Monitoring (1) Purpose 42. The supervising agency will control the progress and quality of resettlement, the relocation of special facilities, and the disbursement and use of resettlement funds, and inspect completed works to ensure that resettlement-related works are completed as planned. (2) Agencies and Staffing 43. The internal resettlement monitoring agencies are the Guiyang PMO, Zhushui Company and HDLRB. These agencies will have a leader who is responsible specifically for the resettlement work. Such leaders should have rich resettlement experience and authority, and be able to coordinate all departments involved in the resettlement work. The members of such agencies should have knowledge on resettlement and social issues so as to perform their duties. (3) Scope 44. The Guiyang PMO will develop a detailed internal monitoring plan for land acquisition and resettlement, including: Organizational structure: setup, division of labor, staffing and capacity building of resettlement implementation and related agencies; Resettlement policies and compensation rates: development and implementation of resettlement policies; actual implementation of compensation rates for different types of impacts (permanent LA, temporary land occupation, relocation of special facilities), with particular focus on compliance with the rates in the RP and reasons for deviations; LA and resettlement progress: overall and annual schedules, resettlement agencies and staffing, LA progress, relocation of special facilities and other resettlement activities. Resettlement budget and implementation thereof: level-by-level disbursement of resettlement funds, fund use and management, disbursement of compensation fees to proprietors, holders of land use rights and land users, village-level use and management of compensation fees, supervision and auditing of fund use. Employment and resettlement of APs: main modes of resettlement, employment and resettlement of APs in entities, effectiveness of resettlement; Grievance redress, public participation and consultation, information disclosure, 24
and external monitoring: appeal channel, procedure and agencies; key points of appeal and handling thereof, key activities and progress of public participation and consultation, RIB and information disclosure, external M&E agency, activities and effectiveness; Handling of relevant issues in the Memorandum of the ADB Mission; and Existing issues and solutions. (4) Period and Reporting 45. Internal monitoring is a continuous process, in which comprehensive monitoring activities will be conducted at least semiannually; more frequent monitoring is required at key times. Internal monitoring reports will be submitted by HDLRB to the IA and Guiyang PMO. The Guiyang PMO will compile relevant data and information, and submit an internal monitoring report to ADB semi-annually that summarizes progress and key issues. 10.2 External Monitoring 46. According to ADB s policy, the Guiyang PMO has appointed NRCR of Hohai University as the external M&E agency. 47. The external M&E agency will conduct follow-up M&E of resettlement activities periodically, monitor resettlement progress, quality and funding, and give advice. It shall also conduct follow-up monitoring of the APs production level and living standard, and submit M&E reports to the Guiyang PMO and ADB. (1) Scope and Methods (i) Baseline survey 48. The external M&E agency will conduct a baseline survey of the affected villages and village groups affected by land acquisition to obtain baseline data on the monitored APs production level and living standard. The production level and living standard survey will be conducted annually to track variations of the APs production level and living standard. This survey will be conducted using such methods as sample household survey (sample size: 30% of the households affected by LA, 100% of the affected village groups, to be sampled randomly), random interview and field observation to acquire necessary information. A statistical analysis and an evaluation will be made on this basis. (ii) Periodic M&E 49. During the implementation of the RP, the external M&E agency will conduct periodic follow-up resettlement monitoring semiannually of the following activities by means of field observation, household survey and random interview: Payment and amount of compensation fees; Livelihood training; Restoration and rebuilding of special facilities; Production resettlement and restoration; 25
Compensation for lost assets; Timetables of the above activities (applicable at any time); Resettlement organization; Use of compensation fees for collective land; income of APs; Income growth of APs through employment; and If APs have benefited from the Component. (iii) Public consultation 50. The external M&E agency will attend public consultation meetings held during resettlement implementation to evaluate the effectiveness of public participation. (iv) Grievance redress 51. The external M&E agency will visit the affected villages and groups periodically, and inquire the agencies that accept grievances about how grievances have been handled. It will also meet complainants and propose corrective measures and advice for existing issues so as to make the resettlement process more effectively. (3) Reporting 52. The external M&E agency will prepare external monitoring reports based on observations and survey data in order to: 1) reflect the progress of resettlement and existing issues to ADB and the project owner objectively; and 2) evaluate the socioeconomic benefits of resettlement, and proposing constructive opinions and suggestions to improve the resettlement work. 53. A routine monitoring report should at least include the following: 1) subjects of monitoring; 2) progress of resettlement; 3) key monitoring findings; 4) key existing issues; and 5) basic opinions and suggestions. The external M&E agency will submit a monitoring or evaluation report semiannually to ADB and the Guiyang PMO semiannually. See details in table 13. 10.3 Post-evaluation 54. After project implementation, the Guiyang PMO (or through the external M&E agency) will apply the theory and methodology of post-evaluation to evaluate the Component s resettlement activities on the basis of M&E to obtain successful experience and lessons in LA as a reference for future work. A post-evaluation report will be submitted to ADB by Guiyang PMO prior to ADB fielding its Project Completion mission. 26
Appendix 1 Due diligence Review on land contract rights return in Mengguan Village in 2015 1. In order to promote the local collective economic development projects 5, e.g. construction of standard factory houses, storehouses, etc., Mengguan Village Committee made decision in 2015 to acquire parts of land use rights from some households in villager representatives meetings. Then the VC initiated the negotiation and land compensation processes. 2. Based on 3 times of voluntary negotiation during villager representative s meetings, land contract rights of 21 households with 65 persons were returned by Mengguan Village Committee in 2015 for development of collective economy, among which 2 households are Buyi people, 3 households are Miao people and 16 are Han people. See table 1. 3. The land compensation fees, on basis of 87,400 yuan per mu for farmland, have been fully paid to these households by Mengguan Village Committee. The compensation rate was same as the standard of land acquisition at that time issued by Guiyang Municipality Government. So the compensation was reasonable and satisfied by involved households. Since the land compensation rate was based on annual average output value (AAOV) in the project area, it s adequate to meet the requirements of principle of full replacement cost. 4. After receiving the land compensation fees, the labors, around 20 persons, in these households have been employed in Guiyang Automobile Trade Market, where the monthly salary ranks from 2,000 to 4,000 Yuan. The compensation money were used by AHs for some investment activities, such as purchasing trucks or cars to provide transportation service, starting up small business, as well as for some living expenditures, e.g. home decoration, children education, etc.. No vulnerable persons were identified. 5. After land compensation, all the villagers have been covered by the residents social pension program developed by local government. They can receive 700 to 1100 yuan of pension monthly after reaching the age set by relevant regulations, namely 55 years old for women and 60 years old for men. So these households enjoy an improved and steady livelihood after land contract rights return. 6. Based on the interview with involved households, there are no any pending issues on the land compensation in 2015. Table 1 Land transfer situations in Mengguan Village Village Group Farmlan d Mu Involved households HHs In which Miao Buyi Han Income per capita (Yuan) In 2015 In 2016 Mengguan Group 3 35.24 12 1 1 8 3000 6000 Group 4 20.437 9 2 1 8 3000 6000 Total 55.68 21 3 2 16 5 Not anticipation for ADB project. 27
Source: Field Survey by PMC resettlement specialist. 7. Mengguan Village Committee agreed that these land will be acquired by Xuaxi Distrcit Government and used by Guiyang Zhuishui Water Resources Industrial Development Co., Ltd for the construction of Mengguan WTP and associated waterworks. 8. According to the Mengguan Village Committee s Clarification Letter (see figure 1), the villager representative s discussion meeting was held in 2015, then 21 households contracted farmland were compensated with a rate of 87,400 yuan per mu and returned to village committee. There are no any pending issues on land compensation and land ownership. In 2017, local government will officially acquire these land for Mengguan WTP and associated waterworks. The land acquisition compensation standard in 2017 will be 117,807 yuan per mu, including 96,000 yuan per mu of land compensation fee, 20,000 yuan per mu of comprehensive compensation for ground attachments and 1,807 yuan per mu for the compensation of young crops. Based on the AHs and village representatives voluntary negotiation, it has been agreed by all that the compensation fee of land acquisition in 2017 will be paid directly to Mengguan Village Committee and will be used for development of collective economy and construction of public infrastructure and facilities. So all the villagers will be benefited from these land acquisition and compensation. Aforementioned 21 AHs have no extra claims for the compensation for land acquisition in 2017. 9. If there is any dispute during the implementation of this RP, Mengguan Village Committee will be responsible to coordinate and negotiate with these villagers and address such disputes, thus to ensure the smooth preparation and implementation of the Mengguan WTP and associated waterworks. 28
Figure 1: Clarification Letter on Land Contract Rights Return and Compensation for Mengguan WTP by Mengguan Village Committee Translation: Mengguan Village Committee s Clarification Letter on the land compensation in the area Mengguan Water Treatment Plant Through villager representatives meeting, Mengguan Village Committee decided to return the contract and management rights of 55.68mu from 21 households in June 2015. The land compensation had been paid to these households by Mengguan Village Committee at a compensation rate of 87,400yuan/mu. There is no any pending issues. In 2017, the local government will formally acquire this plot of land for construction of Mengguan Water Treatment Plant. The gross land acquisition compensation rate in 2017 will be 117,807yuan per mu, including 96,000 yuan per mu for land compensation, 20000 yuan per mu for ground attachments and 1807 yuan per mu for young crops. After the discussion with villagers and affected household, it s completely agreed that all the land compensation in 2017 will be paid to Mengguan Village Committee and will be utilized to develop collective economic. And the profit of such collective economic will be shared by all the villagers. It s confirmed that the affected households have no special requirements on the land compensation in 2017. If and disputes during land acquisition, Mengguan Village Committee will take the responsibilities of explanation and coordination works with affected households, to ensure AHs be satisfied and the land occupation and construction can be implemented smoothly, Mengguan Village Committee 24 August 2017 29
Appendix 2 Approval of Preliminary Land Examination of Mengguan WTP 30
Appendix 3 Approval of Site Selection of Mengguan WTP 31