Resettlement Plan February 2010 Lao PDR: Sustainable Tourism Development Project Prepared by Lao National Tourism Administration for the Asian Development Bank.
CURRENCY EQUIVALENTS (as of 28 February 2010) Currency unit KN KN1.00 = $0.00011 $1.00 = KN8.400 ADB AP DMS DRC DCTPC DPWT EA GMS GoL HH IEE IMA IOL IPAS Lao PDR LAR LNTA LURC LWU m MCTPC MPWT M&E OPWT The Project PIB PIU PCU PPME PRA PRC RC RF RoW RP SES sqm STDP ABBREVIATIONS Asian Development Bank affected person detailed measurement survey district resettlement committee Department of Communication, Transport, Post and Construction Department of Public Works and Transport Executing Agency Great Mekong Subregion Government of Lao s People Democratic Republic household initial environmental examination independent monitoring agent inventory of losses initial poverty and social assessment Lao People s Democratic Republic land acquisition and resettlement Lao National Tourism Administration land use right certificate Lao Women Union meters Ministry of Communication, Transportation, Post and Construction Ministry of Public Works and Transport monitoring and evaluation Office of Public Works and Transport Sustainable Tourism Development Project public information booklet project implementation unit project coordination unit program for project performance monitoring and evaluation participatory rapid appraisal provincial resettlement committee resettlement committee resettlement framework right of way resettlement plan social economic survey square meters Sustainable Tourism Development Project
VRC WREA village resettlement committee Water Resource and Environmental Administration GLOSSARY Project affected person includes any person or entity or organization affected by the Project, who, on account of the involuntary acquisition of assets in support of the implementation of the Project, would have their (i) standard of living adversely affected; (ii) right, title or interest in all or any part of a house and buildings, land (including residential. commercial, agricultural, plantations, forest and grazing land) water resources, fish ponds, communal fishing grounds, annual or perennial crops and trees, or any other moveable or fixed assets acquired or possessed, in full or in part, permanently or temporarily; and (iii) business, profession, work or source of income and livelihood lost partly or totally, permanently or temporarily. Compensation Payment in cash or in-kind at replacement cost for an asset to be acquired by the Project. Eligibility cut-off date The date that a population record or census, preferably at the project identification stage, serves as an eligibility cut-off date in order to prevent a subsequent influx of encroachers or others who wish to take advantage of such benefits. The cutoff date will be the date when the census for the short RP is completed. Land acquisition The process whereby a person is compelled by the Government through the Executing Agency of the Project to alienate all or part of the land s/he owns or possesses in favor of the State in the implementation of the Project or any of its components in return for consideration. Relocation is the physical shifting of an AP from his/her preproject place of residence and/or business. Replacement Cost is the amount in cash or in-kind needed to replace an asset and is the value determined as compensation for: a. Agricultural land and fishpond based on market prices that reflect recent land sales prior to the commencement of the Project or displacement, and in the absence of such recent sales, based on productive value; b. Residential land based on market prices that reflect recent land sales prior to the commencement of the Project or displacement, and in the absence of such recent land sales, based on similar location attributes; c. Houses and other related structures based on current market prices of materials and labor without depreciation nor deductions for salvaged building materials; d. Crops based on current market value; e. Trees and other perennials based on current market value; and f. Other assets (i.e., income, cultural, aesthetic) based on
replacement cost or the cost of mitigating measures. Rehabilitation It means assistance provided to severely affected APs due to the loss of 10% or more of productive assets (i.e., farmland, fishpond, vegetable garden, etc.), incomes, employment or when sources of living such as shops and place of employment have to be reconstructed completely and/or relocated. The livelihood support may be given in cash or in kind or a combination of the two in order to improve, or at least achieve full restoration of living standards to pre-project levels. Resettlement It refers to all measures taken by the Project proponents to mitigate any and all adverse social impacts of the Project on the APs, including compensation for lost assets and incomes, and the provision of other entitlements, income restoration assistance, and relocation as needed. Resettlement is significant where 200 or more people experience major impacts. Major impacts are defined as involving affected people being: (i) physically displaced from housing, and/or (ii) having 10% or more of their productive, income generating assets lost; and/or (iii) lose more than 40% of their residential structure. Affected people experiencing major impacts are referred to as severely affected APs. Structures and structural losses It refers to losses to constructed assets besides construction of the actual residence. Vulnerable group Distinct groups of people who might suffer disproportionately or face the risk of being further marginalized by the effects of resettlement and specifically include: (i) households headed by women, the elderly or disabled, (ii) households living below the poverty threshold, (iii) the landless, and (iv) indigenous people and ethnic minorities. (i) (ii) NOTES The fiscal year (FY) of the Government of ends on 30 September. FY before a calendar year denotes the year in which the fiscal year ends, e.g., FY2011 ends on 30 September 2011. In this report, "$" refers to US dollars. 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.
Short Resettlement Plan Update Lao PDR: Sustainable Tourism Development Project SIPHANDONE WETLAND BIODIVERSITY CONSERVATION AND TOURISM NAKASANG VILLAGE February 2010 Prepared by: Lao National Tourism Administration
TABLE OF CONTENTS ABBREVIATIONS DEFINITION OF TERMS PROJECT MAP SUBPROJECT MAP OF NAKASANG DISTRICT TOWN iv vi viii ix I. INTRODUCTION 1 II. SCOPE AND SCALE OF RESETTLEMENT 2 A. Proposed Civil Works in Nakasang Village 2 B. The Scope of Land Acquisition and Resettlement 2 III. SOCIO-ECONOMIC INFORMATION 6 A. General 6 B. Vulnerability, Gender and Ethnicity 6 V. LEGAL FRAMEWORK, POLICIES AND LEGAL GUIDELINES 7 A. Government Laws, Decrees, and Guidelines 7 B. ADB Policies 9 C. Resolving Inconsistencies 11 V. PROJECT PRINCIPLES, ELIGIBILITY AND ENTITLEMENTS 11 A. Project Principles 11 B. Eligibility and Entitlements 13 1. Eligibility 13 2. Categories of APs 14 3. Type of loss 14 4. Entitlements 15 5. Relocation and Income Restoration Strategy 19 VI. INSTITUTIONAL FRAMEWORK AND IMPLEMENTATION ARRANGEMENTS 20 A. Lao National Tourism Administration 20 B. Resettlement Committees (RCs) and Village Authorities 21 C. Water Resource and Environment Administration 22 D. Project Implementation Consultants 22 VII. CONSULTATION, GRIEVANCE REDRESS AND DISCLOSURE 23 A. Consultation and Disclosure 23 B. Grievance Redress 24 ii
VIII. MONITORING AND EVALUATION 25 A. Internal Monitoring 25 B. External Monitoring 27 IX. BUDGET 29 X. IMPLEMENTATION SCHEDULE 31 Tables Table 1: Scope of Land Acquisition and Resettlement Impacts 4 Table 2: Scope of Land Acquisition and Resettlement Impacts 5 Table 3: Entitlement Matrix 15 Table 4: Monitoring and Evaluation Indicators 26 Table 5: External Monitoring Indicators, Methods and Schedule 27 Table 6: Estimated Budget for Siphandone Wetland Subproject, Nakasang 30 Table 7: Implementation Schedule 32 Attachments Attachment 1 Impacts in Nakasang Village 33 Attachment 2 District Unit Cost Estimates 34 Attachment 3 Inventory of Losses 35 Attachment 4 Consent Postponed Business Income Declaration 36 Attachment 5 Resettlement Activities by PCU 37 Attachment 6 Resettlement Steps Scheduling from DMS to Construction 38 Attachment 7 Declaration for Affected Persons 39 Attachment 8 Receipt of Compensation Payment for Affected Persons 40 Attachment 9 Voluntary Contribution Consent Declaration 41 Attachment 10 Form for Consultation with no longer APs 42 Attachment 11 Record of Consultations with APs 43 Attachment 12: Form for Grievance and Complaints 45 Attachment 13: Agreements under Sustainable Tourism Development Project 47 Attachment 14: Public Information Booklet 49 Attachment 15: Calculations Profit 54 Attachment 16: TOR Independent Monitoring Agent 55 iii
CURRENCY EQUIVALENTS 1USD = 8,400 Kip ABBREVIATIONS ADB AP DMS DRC DCTPC DPWT EA GMS the Government GoL HH IEE IMA IOL IPSA Lao PDR LAR LNTA LURC LWU m MCTPC MPWT M&E OPWT Asian Development Bank affected person(s) detailed measurement survey District Resettlement Committee Department of Communication, Transport, Post and Construction Dept. Staff Public Works and Transport (Provincial level) Executing Agency Greater Mekong Subregion Government of Lao PDR Government of Lao PDR Household Initial Environmental Examination Independent Monitoring Agent inventory of losses Initial Poverty and Social Assessment Lao People s Democratic Republic land acquisition and resettlement Lao National Tourism Administration Land Use Rights Certificate Lao Women Union Meters Ministry of Communication, Transportation, Post and Construction Ministry of Public Works and Transport Monitoring and evaluation Office of Public Works and Transport iv
the Project PIB PIU PCU PPME PRA PRC RC RF RoW RP SES sqm STDP VRC WREA the Sustainable Tourism Development Project public information booklet Project Implementation Unit Project Coordination Unit program for project performance monitoring and evaluation Participatory Rapid Appraisal Provincial Resettlement Committee Resettlement Committee Resettlement Framework right-of-way Resettlement Plan socioeconomic survey square meters Sustainable Tourism Development Project Village Resettlement Committee Water Resources and Environment Administration v
DEFINITION OF TERMS Project Affected People (APs) includes any person or entity or organization affected by the Project, who, on account of the involuntary acquisition of assets in support of the implementation of the Project, would have their (i) standard of living adversely affected; (ii) right, title or interest in all or any part of a house and buildings, land (including residential. commercial, agricultural, plantations, forest and grazing land) water resources, fish ponds, communal fishing grounds, annual or perennial crops and trees, or any other moveable or fixed assets acquired or possessed, in full or in part, permanently or temporarily; and (iii) business, profession, work or source of income and livelihood lost partly or totally, permanently or temporarily. Compensation payment in cash or in-kind at replacement cost for an asset to be acquired by the Project. Eligibility cut-off date is the date that a population record or census, preferably at the project identification stage, serves as an eligibility cut-off date in order to prevent a subsequent influx of encroachers or others who wish to take advantage of such benefits. The cut-off date will be the date when the census for the short RP is completed. Land Acquisition is the process whereby a person is compelled by the Government through the Executing Agency of the Project to alienate all or part of the land s/he owns or possesses in favor of the State in the implementation of the Project or any of its components in return for consideration. Relocation is the physical shifting of an AP from his/her pre-project place of residence and/or business. Replacement Cost is the amount in cash or in-kind needed to replace an asset and is the value determined as compensation for: a. Agricultural land and fishpond based on market prices that reflect recent land sales prior to the commencement of the Project or displacement, and in the absence of such recent sales, based on productive value; b. Residential land based on market prices that reflect recent land sales prior to the commencement of the Project or displacement, and in the absence of such recent land sales, based on similar location attributes; c. Houses and other related structures based on current market prices of materials and labor without depreciation nor deductions for salvaged building materials; d. Crops based on current market value; e. Trees and other perennials based on current market value; and f. Other assets (i.e., income, cultural, aesthetic) based on replacement cost or the cost of mitigating measures. Rehabilitation means assistance provided to severely affected APs due to the loss of 10% or more of productive assets (i.e., farmland, fishpond, vegetable garden, etc.), incomes, employment or when sources of living such as shops and place of employment have to be reconstructed completely and/or relocated. The livelihood support may be given in cash or in kind or a combination of the two in order to improve, or at least achieve full restoration of living standards to pre-project levels. vi
Resettlement refers to all measures taken by the Project proponents to mitigate any and all adverse social impacts of the Project on the APs, including compensation for lost assets and incomes, and the provision of other entitlements, income restoration assistance, and relocation as needed. Resettlement is significant where 200 or more people experience major impacts. Major impacts are defined as involving affected people being: (i) physically displaced from housing, and/or (ii) having 10% or more of their productive, income generating assets lost; and/or (iii) lose more than 40% of their residential structure. Affected people experiencing major impacts are referred to as severely affected APs. Structures and structural losses refers to losses to constructed assets besides construction of the actual residence. Vulnerable Groups are distinct groups of people who might suffer disproportionately or face the risk of being further marginalized by the effects of resettlement and specifically include: (i) households headed by women, the elderly or disabled, (ii) households living below the poverty threshold, (iii) the landless, and (iv) indigenous people and ethnic minorities. vii
MAP LAO PDR Sustainable Tourism Development Project Siphandone Wetlands viii
MAP OF THE PR OPOSED ENGINEE R ING WOR KS NAK AS ANG ix
I. INTRODUCTION 1. The regional Sustainable Tourism Development Project (the Project) will contribute to the implementation of the Greater Mekong Subregion (GMS) Tourism Sector Strategy and the provision of livelihood opportunities for GMS citizens. The Project outcome will be the development of a sustainable, culturally and environmentally sound pro-poor tourism approach for the GMS. It will have five outputs: (i) model sustainable tourism development projects protecting natural, cultural and urban heritage sites of importance to tourism are operational; (ii) pro-poor community-based and supply-chain tourism projects are developed and operational; (iii) community-operated facilities along the GMS economic corridors bringing economic benefits to local communities improved; (iv) human resource capacity of public and private tourism stakeholders are developed; and (v) efficient project management services are fully operational. 2. The subproject under Output 1 is the Siphandone Wetlands in Champassak Province and is part of the biodiversity corridor that straddles Lao PDR, Cambodia and Thailand. The Siphandone Wetlands subproject will include: (i) a preparation of a heritage-based tourism zoning plan and tourism structure and management plan for the wetlands area; (ii) upgrading of a 4 kilometer (km) access road that connects Route 13 to the boat landing at Nakasang Village; (iii) improvements to the existing pathways on Don Det and Don Kone Islands; (iv) environmental improvements at Ban Nakasang, Don Det and Done Kone, including the area along the riverbank and better waste management at the market and in the village; (v) construction of a visitor information and interpretation facilities on the Nakasang Village side of the Wetlands; (vi) construction of fully interpreted access trails at Nakasang, Don Det, Done Kone and other smaller islands; (vii) capacity development and livelihood support programs for local communities, especially women, youth and ethnic groups, to become site managers that engage local communities in managing and interpreting the natural heritage values of the wetland; (viii) implementation of a gender and ethnic groups development program; (ix) a public awareness program for wetland conservation and protection, HIV and AIDS, and other tourism-related awareness activities; (x) manual to guide the preparation and implementation of future GMS tourism subprojects aimed at protecting important natural sites; and (xi) monitoring and evaluation program 3. The projects proposed works at Done Det and Done Kone will not require any land acquisition or does not involve resettlement issues. According to the RRP of September 2008 the resettlement impacts will not be significant for this subproject, as fewer than 200 people will be physically displaced from housing or lose more than 10% of their productive (income-generating) assets. 4. The main tourist access to the Wetlands is via Nakasang Village, a village located about 4 km off Route 13, the main north-south highway in Lao PDR. Per ADB s requirements, a short RP has been prepared in May 2008 for this village as the civil works proposed under the Project make it a LAR Category B. This short Resettlement Plan (RP) update covers the impact of civil works planned under the Project in Nakasang Village. The current short RP is an update of the short RP prepared for Nakasang Village in May 2008 and reflects changes in costs due to inflation and price increases and due to changes in business owners affected by the civil works. All principles, policies, calculations and entitlements are according to the Resettlement Framework prepared in May 2008 for the subproject during the Feasibility Study. 1
II. SCOPE AND SCALE OF RESETTLEMENT A. Proposed Civil Works in Nakasang Village 5. Riverbank: A newly paved walkway approx. 70 m long with 2 access points to the river will be constructed along the river bank over the existing path. The new path will be 2 m wide including cross fall and drainage. Access to the river will be in the form of steps 3 m wide. 6. Reconstruction of Market: The Nakasang market is 40m x 80m (3,200 m 2 ). It contains 47 spaces for market stalls, of which 25 are currently occupied. In addition, 5 stall owners occupy the market seasonally. There are also 50 small non-permanent tables in the market where vegetables and food is sold in the morning by the stall holders. The current market is of poor quality with dirt pavement and no sanitary, water or storm water drainage. The Project proposes to construct 12 market stalls of 6m x 8m and 38 of x 3m x 8m. The proposed dimension of the fresh market is 12 metre wide and 36 metre long sufficient for around 36 tables of 6m2 if using half of this space. 7. Parking Lot Nakasang Village: A sealed parking lot with drainage will be constructed in Nakasang village. The lot is 20m x 68 m (1,360 m2) with a capacity of 50 cars and 6 buses. There is a fence separating the proposed parking lot from the adjoining site to the east where a health center is located. A small road to a nearby village lies west to the proposed lot. A 0.42 hectare (ha) plot of district owned land lies north of the proposed lot, which is vacant except for a small open-walled shed. A Tourist Information Centre with offices, a meeting hall, a ticket booth and a cultural interpretation hall will be constructed at the entrance of this parking lot. An amenities block will also be constructed in the same area. 8. Access Road Upgrade: A 4.0 km access road from highway 13 to the boat landing at Nakasang Village already exists but the pavement and drainage have not been engineered or constructed to adequate standard. Poor drainage and contamination of the pavement by clay makes the road impassable during wet periods. The Project will upgrade existing drains and pavement of the road. The upgraded road will be the same width as the existing one (approx. 6 meters) and all drainage is to be upgraded within the existing road reserve and fences. Along both side of the final 400 meters (m) of the road before the river, storm water pipes will be extended and a Gross Pollution Trap of 10m x 10m will be constructed to remove solid wastes and sediment before discharge into the river. B. The Scope of Land Acquisition and Resettlement 9. Land acquisition and resettlement will affect a total of 132 households (697 APs). (See also Table 1) 35 Of these households are vegetable sellers and the only impact will be that they have to move their table to the temporary market and return to the permanent market after it has been finalized. 12 Of these households are expected to require closure of their businesses at the current location including 9 households selling drinks and soup at the beach during the dry season. 3 Of these 12 households will have to relocate their permanent shops from the riverbanks to the new market. There are 45 households occupying market stalls in the current market who will need to move temporarily. And there are 38 households with shops that will experience business losses during road and drainage construction. 2 Households have trees and structures on the riverbank which have to be removed permanently. (See also Table 2) 2
Below the impacts are explained for each of the civil works components. A summary of villagelevel impacts can be found in Attachment 1. 10. Riverbank: The land is owned by the district and there are 3 permanent shop houses along the river which will need to be relocated for this subproject. The shop houses are actually for commerce only although the owners also use them to stay there during the night for convenience reasons. However, all 3 households do have other residences; one of them in Done Som and two in Nakasang village. The shop houses are built on stilts and suspended over the Mekong River watercourse accordingly there are no land impacts. One of these households has one kapok tree on the river bank. The 3 households will have to move their shops from the riverbank to the new market. There is adequate space in the market to accommodate them. The affected households reached agreement with the DRC to be compensated for the replacement costs for their residences in accordance with current market prices and to receive additionally a plot of land of 20m x 40m in the area between the main road and the village. Also they will receive compensation for lost business and rehabilitation costs. Each of the 3 households has been consulted to ascertain their willingness to transfer, the conditions proposed for the move, and the compensation. They have all confirmed their willingness to move under these conditions. Although the easiest would be for the 3 shops to relocate directly to the new market this might be difficult to coordinate with the road works. Therefore, it was agreed that they will relocate their businesses temporarily to the parking lot of Nakasang. 11. There are also two small fuel service stations, 1.5m x 1.5m on the riverbank containing 200 liter drums of fuel. One is operated in the rainy season only and can easily be moved back to the mother fuel station along the road in the middle of the village. The other fuel service station will be moved across the road to the house of the owner. Both owners will be compensated for the labour costs of moving the equipment. 12. One AP has made extensive riverbank protection that has to be removed for which he will be compensated. He also owns one of the fuel service stations. Another AP has 2 fruit trees which will be compensated. 13. There are 9 AP households selling drinks and soup to tourists on the beach during the dry season. This seems to be a prime location in town to serve toursist waiting for buses or boats. After the construction of the new road and the walkway the District Authorities will not allow businesses to open up on the beach due to environmental concerns. Therefore, the 9 AP households will not be able to continue their businesses on the beach. Some of them could continue in front of their house in Nakasang but mostly there is not enough room to open that kind of business in their residence and most residences are inside the village where it is less likely that they will get customers. The AP households will be compensated for lost income and will receive transition costs. 14. Reconstruction of Market: The land designated for the construction is owned by the district and is valued at 150,000 kip per m 2 based on current market prices. The land is currently being used as a market place. No land acquisition is necessary, but the stalls will be temporarily relocated for about 6 months to the parking lot while the market is being reconstructed. A total of 45 stall owners will be temporarily affected from having to relocate to construct the new market. They agreed with the DRC on compensation transportation and labour costs for relocating and will receive 4 days of profit to compensate for lost income. 15. There are currently 35 fresh vegetable sellers at the market who sell only in the early morning from mobile tables. They will relocate these tables and only need to be compensated 3
labour costs for transportation. They agree with the DRC that they will not loose any income and therefore do not need compensation for lost income. 16. Parking Lot Nakasang Village: The proposed land for the parking lot is owned by the district. The village authorities have their office there in a run down wooden building with an adjacent veranda that serves as meeting hall. There is one temporary structure on the lot, about 2m x 3m (6 m 2 ) which is used as rest shed. There is also a 2m x 3m toilet that is collectively owned by the village. The office, rest shed and the toilet will be reconstructed as part of the Tourist Information Centre and the amenities block to be built by the Project. This parking lot will contain the temporary market (48 stalls) during reconstruction of the market. The parking lot will be upgraded only after the temporary stall holders have vacated the space for transfer to the new market site. 17. Access Road Upgrade: The road passes through rice fields on both sides but because the existing road area is quite wide, the new road will not go beyond the previous road borders and therefore no rice fields or production will be affected. Because road improvement works will also be done in the most densely populated area of town, 38 businesses will be affected. They will be compensated for loss of income during the road construction. The duration of the drainage and road works will have to be shortened as much as possible in order to minimize losses in income. Access entrances from the new road to the shops will be included in project works. For one newly built guesthouse and one newly built villa across from the guest house both along the access road to the village the access entrances will also be included in the construction works. Storm Water Drainage will be done in conjunction with the road construction. There are no additional resettlement issues nor is additional land acquisition required for the drainage. Table 1: Scope of Land Acquisition and Resettlement Impacts Impact Affected Households Total Households and APs Major Impacts Perm Temp Business HH HHs HHs HHs APs EMHH % FHH* % HHs APs EMHH FHH Market Stalls 45 45 216 0 0% 3 1% 31 Fresh Vegetable Tables 35 35 217 0 0% 2 1% 35 Along river 3 2 5 28 0 0% 2 7% 3 17 1 4 Shops along road 38 38 182 0 0% 6 3% 38 Stalls on beach 9 9 54 0 0% 0 0% 9 54 9 Total 12 120 132 697 0 0% 13 2% 12 71 0 1 117 *women in IOL as breadwinners 4
Table 2: Scope of Land Acquisition and Resettlement Impacts Impact Land Loss (sqm) Households Loss at Houses Structural Loss (sqm) Households Res/Commercial Agriculture Govn/Com Houses (no) No Trees Perm Temp Perm Temp Perm Temp Perm Temp Perm Temp Market Stalls 2,014 2,014 Along river 432 432 3 Shops along road na Stalls on beach 389 Total 821 2,014 - - - - - - 432 2,014 3 18. The RRP of September 2008 states that the project activity would be classified as a Category C under the criteria of the ADB Environmental Assessment Guidelines 2003 where there is no need for the preparation of an EIA or EMP. Many of the proposed works provide positive environmental impacts as they are aimed at fixing existing environmental problems and improve the capacity of the local area to sustain increased visitation in future years. The negative environmental impacts are not significant and can be mitigated with responsible application of environmental processes during pre-planning, construction and operation. 19. All mitigation measures proposed for Nakasang Village in the IEE for Siphandone Wetlands have been integrated in the design of the project interventions in Nakasang as follows: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) Design road drainage to compensate for increased surface run-off and collect sediment in drains Upgrade village main road drains that capture majority of waste and re-direct to gross pollutant traps before entering the river Facilitate greater local and visitor awareness about litter reduction and monitor illegal sources of pollution into drains e.g. sewage pipes, trade waste Consult with market operators about the design and location of the new facilities; using local architecture forms Design to improve pedestrian access through market and separation of service and visitor parking Seal surface to protect groundwater Direct run-off from car parking area through grassed lined drains before entering surrounding areas or link to main road drains Organize localised solid waste collection and recycling system within the market place and village Design toilets for low water use and construct septic tank with capacity for peak daily use Monitoring of septic tank and removal as required 5
(xi) (xii) (xiii) (xiv) (xv) (xvi) (xvii) Focus upgrading works on existing paths in preference to constructing new tracks Wider paths along commercial road where higher pedestrian use Install drainage diverts to disperse run-off flows Seek the advice and approval of the Mekong River Commission for the design of the steps/landing area Design a relatively minor set of steps that do not protrude into main river stream, but improve visitor/local access and safety to boats in high river levels Maintain river beach access at other times Site building off the main view-line by locating within the car park arrival area (xviii) Design building to use appropriate design elements related to the historic significance of the village and consideration of original building design. 20. Environmental monitoring in Siphandone wetlands will be the responsibility of the WREA provincial level with reporting to the national WREA office in Vientiane and the provincial governor s office of Champassak Province. The environmental monitoring plan should focus on the collection of waste at the gross pollutant trap and at the small landfill sites on the islands. III. SOCIO-ECONOMIC INFORMATION A. General 21. The Siphandone Wetland contains more than four thousand islands, and is home to more than 72,000 people. Poor communities living in and adjacent to the wetland depend on it for food security and earning income. Over the years, growing population and high fish prices have increased fishing and hunting activities, threathening Siphandone s biodiversity. 22. In Nakasang Village there are 245 households, with a total population of 1,380 persons (640 female). 27 households were sampled for the PPTA socio-economic survey in Nakasang village. The results are summarized below. 23. The main source of income is rice production (37%). 18.5% Of the households doing rice cultivation rent the land. Another large source of income (33.3%) is catching fish. 11% Of the households are involved in business in and outside the village and 7.4% of the households have income from remittances. 24. 58.8% Of the villagers went to primary school, 25.5% to secondary school and 15.8% are illiterate. 25. 22.2% Of the households own one hectare of land whereas 3.7% own between 0.35 and 1 hectare. 7.40 Own between 1 and 2 hectares and 3.70% five or more hectares. B. Vulnerability, Gender and Ethnicity 26. There are 13 female-headed households (2%) of all affected households amongst the AP households. 27. All AP households are from the Tai Kadai language group (also called Lao Loum). When interviewing the families it was found that they all come from the area around Nakasang, from the islands and from Muang Khong. These are indeed areas inhabited by the Lao ethnic group. 6
28. None of the households are determined to be very poor anymore because of increasing income over the past few years. 29. One of the households to experience major impacts is a vulnerable household 1 (female headed) and will therefore receive special assistance. IV. LEGAL FRAMEWORK, POLICIES AND LEGAL GUIDELINES 30. This Resettlement Plan (RP) is developed from the laws and decrees of the Government of Lao (GoL) People s Democratic Republic (PDR) and Asian Development Bank s (ADB s) relevant policies and guidelines. Provisions and principles adopted in the RF supplement the provisions of relevant decrees currently in force in Lao PDR wherever a gap exists. A. Government Laws, Decrees, and Guidelines 31. In Lao PDR, compensation principles and policy framework for land acquisition and resettlement are governed by the following laws, decrees and regulations: (a) The Constitution (1991), (b) the Land Law (2003) 2, (c) Road Law (1999), (d) Decree of the Prime Minister on Compensation and Resettlement of People Affected by Development Project (No.192/PM, dated 7 July 2005), and (e) Regulations for Implementing Decree of the Prime Minister on Compensation and Resettlement of People Affected by Development Project (No.2432/STEA, dated 11 November 2005) and Advise mandate No 20 by the Secretariats of the Lao Revolutionary Party Committee (dated May 29, 2009). 32. The Constitution (1991) provides the following relevant articles: Article 14. The State protects and promotes all forms of state, collective, and individual ownership. Article 15. Land in Lao PDR is owned by the national community. The State ensures the right to use, transfer, and inherit it in accordance with the law. Article 8. Establishes the right of all ethnic groups to protect, preserve and promote their customs and heritage. All acts of division and discrimination among ethnic groups are prohibited. 33. The 1997 Land Law (No. 01/97) is the principal legislation by which the State exercises its constitutional responsibility for the management, preservation, and use of land. In relation to Project resettlement, this law allows for expropriation of land by the state when this is in the public interest. Importantly, the Land Law requires the land user to be compensated, and this compensation is determined by an inter-agency committee. The articles of particular importance to resettlement are summarized below: (i) Article 5 - provides for protection of the rights of efficient, regular and long-term land users. 1 Vulnerable: female headed, ethnic minority, poor 2 The Land Law 04/NA of 21 October 2003 supersedes the earlier Law 01/NA 12 April 1997. 7
(ii) (iii) (iv) (v) Article 43 rights to use of land can be achieved through delegation by the state, inheritance of through transfer of rights. Article 54 termination of land use rights can be affected by voluntary liberation of rights by possessor, or through expropriation by the state for use of the land in the interests of the public. Article 61 when land is required to be expropriated by the government for use in the public interest, the relevant authorities are required to compensate the land use possessor for their losses. Article 62 determination of assessed losses should be undertaken by a committee comprising representatives of all concerned agencies. 34. Land Law (No. 04/NA) of 21 October 2003, supersedes the previous Land Law (1997), which outlines land definitions, land titles and the responsible authorities that vary for each category of land use or administration. The Law makes some reference to the compensation entitlement for land in Article 67-70 but not to structures. 35. The Land Law provides the issuance of a Land Title, which attests provisional ownership rights to use agricultural as well as forestland (Articles 17-18 and 21-22). Land titling is being undertaken under the AusAid/World Bank project in a number of towns. Under this project Land Titles and Land Survey Certificates are issued. In places where Land Titling has not been done yet, most APs will only have Land Use Rights Certificates (Form 01), Land Tax Payment Receipts and/or Residency Certificates. Form 01 are certificates of land use for taxation and are considered evidence of land use but not as legal title. For agricultural and forest land the District Agricultural and Forestry Extension Office (DAFEO) issues Temporary Use Certificates. People without proof of ownership and/or certificates are considered unregistered users. These users differ from illegal users. In case of acquisition, APs who hold the above documents but also those who are granted customary land use rights 3 or are considered unregistered users since before the cut-off date, receive compensation under the Land Law. 36. Advise mandate No 20 (May 2009) confirms ownership rights of persons holding legal land title documents for land even if this land was previously government land. 37. The Road Law (1999) requires reasonable compensation to the owner whose land will be acquired for the right-of-way (ROW), relocation and replacement structures and loss of trees and crops (Article 19). In the Decree and ADB regulations it is stated that privately owned land or land under permitted land use within the agreed ROW used for road construction will be expropriated, and the owner will receive reasonable compensation. However, in Laos it often is the case that structures and even part of housing are constructed within the ROW after the ROW has been announced. In this case in the Project compensation will be restricted for loss of materials of structures, repair costs and loss of trees. 38. While both the Land Law and the Road Law ensure compensation for legal owners of properties under acquisition, they do not guarantee either replacement value of the acquired properties or restoration of income, or indeed provide for compensation to nonlegal (but not illegal) users. 3 These certificates are issued at the District level. 8
39. The Decree 192/PM on Compensation and Resettlement (July 2005) rectifies key areas of the Land and Road Laws which would prevent informal land users from any eligibility, and also sets a clear definition of the reasonable compensation mentioned in the Land and Road Laws and determines these as replacement cost. It supplements the Land and Road Laws in than it provides processes and mechanisms for acquiring and removal of structures and not just land and for determining entitlement, with community participation. Along with the decree s Regulation on Implementation (November 2005) and Technical Guidelines (November 2005), it provides a comprehensive framework on resettlement planning in Lao PDR. The Decree recognizes the rights of vulnerable groups (i.e. households headed by women, disabled, elderly or very poor) and ethnic groups. B. ADB Policies 40. The aim of the ADB Policy on Involuntary Resettlement (ADB, 1995) confirmed and clarified by the Safeguard Policy Statement (June 2009, approved by ADB Board July 2009) is to avoid or minimize the impacts on people, households, businesses and others affected by the land acquisition required by a project. Where resettlement is not avoidable, the overall goal of the ADB policy is to compensate and assist affected people (AP) to restore their living standards to levels equal to, if not better than, that they had before the Project. 41. The main objectives and principles of the ADB Policy on Involuntary Resettlement are as follows: (a) (b) (c) (d) (e) (f) (g) Involuntary resettlement should be avoided where feasible. Where population displacement is unavoidable, it should be minimized by exploring all viable project options. People unavoidably displaced should be compensated and assisted, so that their economic and social future would be generally as favorable as it would have been in the absence of the Project. APs should be informed fully and closely consulted in resettlement and compensation options. Existing social and cultural institutions of APs who must relocate should be supported and used to the greatest extent possible, and APs should be integrated economically and socially into host communities. Lack of legal rights to the assets lost or adversely affected will not prevent APs from entitlement to compensation and rehabilitation measures. Those without legal title to land occupied or used by them (e.g., non-titled APs) will be entitled to various kinds of resettlement assistance to improve their socioeconomic status. Particular attention must be paid to the needs of the poorest APs and other vulnerable groups that may be at high risk of impoverishment. This may include APs without legal title to land or other assets, households headed by females, the elderly or disabled and other vulnerable groups, 9
particularly indigenous peoples and ethnic minorities. Appropriate assistance must be provided to help them improve their socioeconomic status. (h) (i) (j) (k) All stages of resettlement identification, planning, and management will ensure that gender concerns are incorporated, including gender-specific consultation and information disclosure. This includes special attention to guarantee women s assets, property, and land-use rights; and to ensure the restoration of their income and living standards. As far as possible, involuntary resettlement should be conceived and executed as part of the project. Involuntary resettlement is to be treated as a development opportunity. The full costs of resettlement and compensation should be included in the presentation of project costs and benefits. The costs of resettlement and compensation may be funded by counterpart funds and/or considered for inclusion in the Bank loan for financing of the project. 42. The ADB Policy on Indigenous Peoples (ADB, 1998) defines indigenous or ethnic minority peoples as those with a social or cultural identity distinct from the dominant or mainstream society, which makes them vulnerable to being disadvantaged in the processes of development. The Policy recognizes the potential vulnerability of indigenous peoples in the development process; that indigenous peoples must be afforded opportunities to participate in and benefit from development equally with other segments of society; and, have a role and be able to participate in the design of development interventions that affect them. The anticipated impact (positive and negative) and mitigation measures are incorporated in the Project s Ethnic Groups Development Framework. Social analysis of a project or subproject will assess whether indigenous or ethnic groups are likely to be affected by the Project or subproject. If a project or subproject is likely to have impacts caused by land acquisition only, specific action for indigenous peoples, specified in the Project or subproject RP is required to address the impacts. If indigenous peoples population affected by a subproject exceeds 20% of all the APs, smallscale livelihood activities, which shall be prepared in consultation with indigenous peoples populations, shall be incorporated in subproject RPs as a special rehabilitation program. 43. The ADB Policy on Gender and Development (ADB, 1998) adopts gender mainstreaming as a key strategy for promoting gender equity, and for ensuring that women participate and that their needs are explicitly addressed in the decision-making process for development activities. For projects that have the potential to have substantial gender impacts, a gender plan is prepared to identify strategies to address gender concerns and the involvement of women in the design, implementation and monitoring of the Project. ADB s Operations Manual (OM) F2/OP requires that the findings of a gender analysis be included in the RP, and at all stages, resettlement identification, planning, and management will ensure that gender concerns are incorporated, including gender-specific consultation and information disclosure. This includes special attention to guarantee women s assets, property, and land-use rights; and to ensure the restoration of their income and living standards. 10
44. The ADB Public Communications Policy (ADB, 2005) seeks to encourage the participation and understanding of stakeholders and people affected by ADB-assisted activities. Information on ADB-funded projects should start early in the preparation phase and continue throughout all stages of project development, in order to facilitate dialogue with APs and other stakeholders. The Executing Agency (EA) should, as necessary, develop a project communications plan and designate a focal point to maintain contact with affected people. With respect to land acquisition, compensation and resettlement, information should be distributed to affected peoples (APs) and publicly in the following manner: (i) the draft RP prior to loan appraisal; (ii) the final RP following its completion; and, (iii) the revised RP, following any revisions. This information can be in the form of brochures, leaflets or booklets, in the local language(s) as well as English, the working language of the ADB. When APs include nonliterate people, other appropriate methods of communications will be used. The policy also requires disclosure of social monitoring reports. C. Resolving Inconsistencies 45. The recent changes in the GoL PDR legislation related to compensation and resettlement in development represents a significant improvement in the rights of citizens when their livelihoods, possessions and society are affected by development projects 34. Both Lao Law and ADB policies entitle APs to compensation for affected land and nonland assets at replacement cost. However, definition of severely affected APs varies between ADB (OM F2 para 5) at 10% and Decree 192/PM (Article 8) at 20% of income generating assets affected. However in accordance with Decree 192/PM (Article 6) which entitles all APs to economic rehabilitation assistance to ensure they are not worse off due to the Project, the 10% definition of severely affected will be adopted as part of the Project s resettlement policy. V. PROJECT PRINCIPLES, ELIGIBILITY AND ENTITLEMENTS A. Project Principles 47. The following principles were formulated to bridge the differences between ADB s and the Government s resettlement policies, and will apply to all civil works: a) Involuntary resettlement and impacts on land, structures and other fixed assets will be avoided or minimized where possible by exploring all alternative options. b) APs residing, working, doing business and cultivating land within the required project area as of the completion date of the census and detailed measurement survey will be entitled to compensation and rehabilitation assistance to assist them in improving, or at least maintaining, their pre-project living standards and productive capacities. The Project will ensure that APs are able to find alternative sites or income sources. c) Lack of formal legal title or rights will not be a bar to eligibility for compensation and assistance under the Project. APs will not be displaced from affected land until the village allocates suitable alternative land or compensation is paid that is sufficient to purchase suitable land within the same or neighbouring village. d) All compensation will be based on the principle of replacement cost at the time of compensation. For houses and other structures, this will involve the costs for materials and labour at the time of acquisition, with no deduction for depreciation or 11
for salvageable materials. Compensation for land will be replacement land as a priority, or where this is not possible, in cash adequate to purchase land locally of equivalent size and quality, and where required to improve land to achieve suitable quality. e) The process and timing of land and other asset acquisition will be determined in consultation with APs to minimize disturbance. f) Where houses and structures are partially affected to the degree that the remaining portion is not viable for its intended use, the Project will acquire the entire asset, and APs will be entitled to compensation at replacement cost for the entire asset. g) APs will be systematically informed and consulted about the Project, the rights and options available to them and proposed mitigating measures. The comments and suggestions of APs and communities will be taken into account. h) The key information in the RP such as measurement of losses, detailed asset valuation, compensation and resettlement options, detailed entitlements and special provisions, grievance procedures, timing of payments and displacement schedule will be disclosed to APs in an understandable format such as the distribution of public information booklets (PIBs) prior to submission to ADB for review and approval. i) Resettlement identification, planning and management will ensure that gender concerns are incorporated, including gender-specific consultation and information disclosure. This includes special attention to guarantee women s assets, property, and land-use rights, and to ensure the restoration of their income and living standards. j) Existing cultural and religious practices will be respected and, to the maximum extent practical, preserved. k) Special measures will be incorporated in the resettlement plan to protect socially and economically vulnerable groups such as ethnic groups, women-headed households, children, households headed by the disabled, the elderly, landless and people living below the generally accepted poverty line. Vulnerable APs will be provided with appropriate assistance to help them improve their standard of living through asset building strategies such as provision of land, replacement housing of minimum standards and increased security of tenure. l) There will be effective mechanisms for hearing and resolving grievances during updating and implementation of the RP. Resettlement committees (RCs) will include representatives from APs especially women and vulnerable groups. m) Institutional arrangements will be in place to timely and effectively design, plan, consult and implement the land acquisition, compensation, resettlement, and rehabilitation programs. n) Adequate budgetary support will be fully committed and made available to cover the costs of land acquisition and resettlement within the agreed implementation period. 12