NORTHWEST IRRIGATION SECTOR PROJECTMeanchey province and is located near the crossing of river...

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Supplementary Appendix H.2 NORTHWEST IRRIGATION SECTOR PROJECT PO PI DEUM SUBPROJECT RESETTLEMENT PLAN List of Contents Page 1. The Project 2 2. The Project Area and Population. 3 2.1 Land Use 3 2.2 Human Resources 3 2.3 Poverty in the Project Area Population 4 2.4 Socioeconomic Characteristics of APs 4 2.5 Age & Sex of APs: 5 2.6 Poor and Vulnerable AP households 5 2.7 Literacy 6 2.8 School Attendance 7 2.9 Migration and Settlement 7 2.10 Ethnic group & Languages: 7 2.11 Knowledge of and Attitude to the project 8 2.12 Health and Drinking Water 8 3. Impact on Structures and Land Acquisition 9 4. Objectives, Policy Framework and Entitlements 10 5. Mitigating Impact and Ensuring the Restoration of Livelihoods of APS 11 6. Participation, Information and Consultation and Grievance Redress 14 6.1 AP Participation 14 6.2 Informing APs 14 6.3 The Grievance Process 16 7. Management and Organisation 18 8. Resettlement Budget 21 8.1 Incremental Administrative Costs 21 8.2 Estimated Cost of Resettlement Plan Implementation. 22 9. Implementation Schedule 22 10. Monitoring and Evaluation 22 List of Tables Number Title Page No. 2.1 Districts and Villages of Banteay Meanchey 4 2.2 Demographics of subproject Area 4 2.3 Village Demographics 4 2.4 Distribution of the baseline socio-economic survey random sample 5 i

Transcript of NORTHWEST IRRIGATION SECTOR PROJECTMeanchey province and is located near the crossing of river...

Page 1: NORTHWEST IRRIGATION SECTOR PROJECTMeanchey province and is located near the crossing of river Mongkol Borey under National Road (RN) RN 5. The selected subproject forms part of a

Supplementary Appendix H.2

NORTHWEST IRRIGATION SECTOR PROJECT PO PI DEUM SUBPROJECT

RESETTLEMENT PLAN

List of Contents Page

1. The Project 2 2. The Project Area and Population. 3

2.1 Land Use 3 2.2 Human Resources 3 2.3 Poverty in the Project Area Population 4 2.4 Socioeconomic Characteristics of APs 4 2.5 Age & Sex of APs: 5 2.6 Poor and Vulnerable AP households 5 2.7 Literacy 6 2.8 School Attendance 7 2.9 Migration and Settlement 7 2.10 Ethnic group & Languages: 7 2.11 Knowledge of and Attitude to the project 8 2.12 Health and Drinking Water 8

3. Impact on Structures and Land Acquisition 9 4. Objectives, Policy Framework and Entitlements 10 5. Mitigating Impact and Ensuring the Restoration of Livelihoods of APS 11 6. Participation, Information and Consultation and Grievance Redress 14

6.1 AP Participation 14 6.2 Informing APs 14 6.3 The Grievance Process 16

7. Management and Organisation 18 8. Resettlement Budget 21

8.1 Incremental Administrative Costs 21 8.2 Estimated Cost of Resettlement Plan Implementation. 22

9. Implementation Schedule 22 10. Monitoring and Evaluation 22 List of Tables Number Title Page No. 2.1 Districts and Villages of Banteay Meanchey 4 2.2 Demographics of subproject Area 4 2.3 Village Demographics 4 2.4 Distribution of the baseline socio-economic survey random sample 5

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2.5 Age Sex Profile of AP households 5 2.6 Size of AP households 5 2.7 Deficit in rice in last year (2001: months) 6 2.8 Food Deficits in last year (2001: months) 6 2.9 Income Deficits in last year (2001: months) 6 2.10 Female heads of household 6 2.11 Aged (60+) household heads 6 2.12 Disabled household heads 6 2.13 Landless households 7 2.14 Households with less than $10 p.m income 7 2.15 Literacy of household head and spouse 7 2.16 School Attendance of children of primary school age 7 2.17 Reason for non-attendance at primary school 7 2.18 School attendance of children of lower secondary school age 7 2.19 Reason for non-attendance at secondary school 7 2.20 Migrated to the resident location (years) 8 2.21 Knowledge of the project 8 2.22 Knowledge of the Corridor of Impact (COI) 8 2.23 Attitude to the project 8 2.24 Source of Health Treatment 9 2.25 Problems in getting medical treatment 9 3.1 Affected households 10 3.2 Affected Land and Structures 10 8.1 Incremental Administrative Costs for RP Implementation 20 8.2 Estimate of Compensation Costs 22 List of Figures Number Title Follows Page No. 1.1 Location of Po Pi Deum Subproject 2 7.1 Project Management Organisation 19 List of Boxes Number Title Page No. 4.1 Entitlement Matrix of Proposed Compensation and Resettlement: NWISP Po Pi Deum

Subproject 3 12

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Executive Summary The Government of Cambodia proposes to rehabilitate and upgrade the Po Pi Deum Irrigation Scheme using funds from the Asian Development Bank under North West Irrigation Sector Project. The Po Pi Deum Irrigation Sub-Project involves the rehabilitation of the Headworks taking water from the Mongkol Borey River, rehabilitation of the main canal and the construction of two branch canals, rehabilitation of the existing branch canal and in-field canal and drainage systems.

A Corridor of Impact (COI) will be cleared of all structures and agricultural or other activity at the headworks regulator and for the length of the canals, for purposes of the reconstruction of the regulator, embankments, drains and ancillary works.

This Resettlement Plan (RP) has been designed to permit implementation under the supervision of the IRC to be conducted by the Banteay Meanchey Provincial Resettlement Sub-Committee, including compensation for loss of land and structures and the creation of a resettlement site for shops and houses displaced by construction of the headworks and on the main canal. The objectives, policy and entitlements, which it entails are those of RGC’s draft national policy, and adhere to ADB Guidelines on Involuntary Resettlement.

The RP provides a framework within which the households negatively affected by land acquisition and the displacement of structures have been identified, their location and assets recorded, compensation entitlements defined, and implementation and monitoring mechanisms explained. It has been prepared on the basis of consultation between MOWRAM, the IRC, the Provincial Resettlement Sub-Committee of the Province of Banteay Meanchey and People Affected by the Project (APs).

The RP has also been based on the identification and registration of APs and a detailed measurement survey of AP livelihoods and property affected by the project, including a socio-economic survey of AP households and a cadastral survey of land and houses, in the areas of the main canal and the headworks. A further DMS will be undertaken at the design stage in the COI of branch canals when the alignment and COI of the latter are identified.

Compensation costs are provisionally calculated on the basis of the expected need to replace a total of 23 houses. Provision is made for the replacement of or compensation for a total of 15.5 ha agricultural land along the main and secondary canals. The total cost of IRP implementation is estimated to be US$63,910. This provides $13,700 for the incremental administrative costs of IRP implementation, including the pro rata costs of an independent External Monitor, who will be contracted for all NWISP sub-project monitoring and evaluation throughout the project duration.

The draft Resettlement Plan (IRP) has been prepared for the project in accordance with ADB Guidelines on Involuntary Resettlement, and provides a framework within which the households negatively affected by land acquisition and the displacement of structures are identified, their location and assets recorded, compensation entitlements defined, and implementation and monitoring mechanisms explained. For this purpose a Detailed Measurement Survey (DMS) consisting of cadastral survey of affected land and property and a socio-economic survey were carried out of all APs identified as being within the COI of the headworks and canal system. The DMS will be completed at the design stage to provide a more accurate record of APs in the COI of branch and tertiary canals and drains.

The purpose of the socio-economic survey was to identiify the social characteristics and livelihood sources of AP households in the COI, including the identification of vulnerable

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households, specifically for purpose of calculating entitlements and taking any mitigating measures to maintain and restore livelihoods and assets. These studies have been further assisted by two other surveys conducted as part of the feasibility studies:

social and agricultural surveys reported in Annex A of the Final Report, which have provided detailed data on households in the wider project village and commune areas; and

a detailed socio-economic survey of 20% of households in the COI to provide a baseline for monitoring and evaluation.

Specifically for the feasibility study of Po Pi Deum and the other three core subprojects, this baseline survey has been conducted by an independent local consultant team with experience of external monitoring of resettlement plan implementation with a view both to supplementing socio-economic and land use data on APs and to provide for rapid implementation of external monitoring. The terms of reference and work programme of the External Monitor provide for independent monitoring and evaluation to be carried out by the appointed contractor, which will be an independent non-governmental organisation or research agency appointed for all subprojects under NWISP for the six-year period of the Project (Appendix J.2.3).

1. The Project

The Po Pi Deum subproject is one of four core subprojects selected for feasibility level study as a basis for the preparation of the Northwest Irrigation Sector Project proposed for financing by ADB.

The subproject site is about 15 km south of Sisophon the provincial capital of Banteay Meanchey province and is located near the crossing of river Mongkol Borey under National Road (RN) RN 5. The selected subproject forms part of a larger Po Pi Deum scheme and is that portion that is served by the Ekkapheap Secondary Canal (ESC). The subproject is bounded by RN 5 and the railway to the east, to the south by the Po Pi Deum Main Canal and to the west and north by the river. The area is located at approximately 13 30 N and 103 E, as shown on Figure 1.1.

Irrigation infrastructure in the area was built during the Khmer Rouge regime in the period 1976 to 1979 and includes a barrage on the river, the 8 km long Po Pi Deum Main Canal with related structures and the 6 km long ESC that takes off from the Main Canal about 1.0 km from its head. Beneficiaries organized by PDWRAM (formerly Department of Hydrology under PDAFF) undertook some maintenance in 1985/6. Parts of the basic infrastructure, including control structures were upgraded under the UNDP CARERE/SEILA programme in 1995 and 2000.

The primary problem facing the subproject area is lack of water control leading to flooding and absence of an effective farmer organization. These issues were brought out in the discussions at all levels. The barrage cannot at present be fully controlled and there are no water regulating structures at heads of either the Main Canal or ESC. The scheme thus receives unregulated amounts of water from the river and flooding is a serious problem. At the present time, lack of drainage is a deficiency. As a result, crop losses, even with flood-resistant varieties, due to high water depths occur during the rainy season and flooding occurs in and around residential areas within the scheme. However, people have adapted to the conditions and significant catches of fish are reported from the flooded fields.

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The project involves the reconstruction of the headworks and the restoration of embankments at the river and on the main canal, together with construction and reorganization of the ESC and, stemming from it, two branch canals to supply the irrigation scheme; also the organization of FWUCs and WUGs and support for agricultural development.

2. The Project Area and Population.

2.1 Land Use The land use within the subproject is paddy cultivation with the exception of a few garden crops and orchards within the household areas. Since the rice grown is a local flood resistant variety it is generally broadcast early in the planting season and then left to fend for itself until harvest (similar to floating rice varieties near to Tonle Sap lake). 2.2 Human Resources The level of poverty in project villages, measured in WFP and SEILA studies and in the Project sociological study is high, and may be increasing in the face of land and water shortage and human and animal population growth. Although the main source of income is paddy cultivation, this is often supplemented by agricultural labour, trading and off-season work and remittances from the migrant labour of household members in neighbouring towns, Phnom Penh or Thailand.

The population affected by the project are in three groupings: a cluster of shop-houses of mainly landless APs on community land at the river bank and close to the main road and bridge at the headworks, who will be relocated within 50 m. in the same location; houses at dispersed locations and agricultural land users along the main canal and ESC; and land users affected by two new branch canals, for which alignments, and therefore the identification of affected farms, will be identified at the design stage.

Population data for the province of Banteay Meanchey as a whole are given in Table 2.1. The Po Pi Deum subproject falls within Mongkol Borey district and three of its communes Bat Trang, Banteay Neang and Mongkol Borey. Population data for the villages in three communes surveyed are given in Table 2.2.

Table 2.1: Districts and Villages of Banteay Meanchey

Population 1998 HHs Villages % PoorHHs

in VillagesProvince District Total. Female Male (No, 1998) (No) In 2001Banteay Mongkol Borey 137,583 70,266 67,317 25,694 157 38.3Meanchey Phnum Srok 43,349 22,534 20,815 8,305 55 51.78 districts Preah Netr Preah 70,497 36,567 33,840 13,211 102 42.5 Ou Chrov 98,495 49,924 48,571 20,144 73 38 Serei Saophoan 98,266 50,479 47,787 18,299 59 0.8 Thma Puok 52,086 26,631 25,455 10,631 58 47.7 Svay Chek 47,233 24,377 22,856 9,987 63 26.8 Malai 22,176 10,823 11,353 4,270 36 40.2Banteay Meanchey Provincial Total 569,685 291,601 277,994 110,541 603

Source: WFP PT Database

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Table 2.2: Demographics Of Sub-Project Areas

District Commune No. Villages

Total HHs

Total Pop Male Female Single

Headed HHsIrrigable

Area/ Ha

No.Landless HH

B. Neag 19 3163 17308 8591 8717 491 (16%) 2612 888 (28%)Bat Trang 11 1341 6488 3144 3344 148 (11%) 2177 148 (11%)

Mongkol Borey

Srah Reang 9 1134 5746 2817 2929 187 (16%) 925 210 (16%)

Table 2.3: Village Demographics

Commune Village Total HH

% HH Well Off

% HHAvera

ge

% HHPoor

% HHPoore

st

% Single & Disabled

Head HHs

Ave % Literacy

(Can Read)

% HH with Food Deficit

> 6 Mths

%HH Landless

Banteay Neang

Ou Thum B. Neang K.Tonloab Khilik

110 328 190 163

712

85

20255840

38311825

35321620

44.513.7

7.923.3

80 90 90 85

45.5 9.8

26.3 29.4

29702429

Bat Trang

K.R.Kaeut A. Thngan B.Trang T. Kaeut

153 190

94 132

132

105

20292551

44483931

23212613

10.512.118.1

22

78 80 92 65

16.3 24.2

0 30.3

15112110

Srah Reang T I Mouoy Ch. Chek S. Reang Ta Chan

148 113 162 109

1937

12

32205025

20372522

29401841

30.422

26.524.8

70 75 77 67

27 20.4 30.9 30.3

20201846

2.3 Poverty in the Project Area Population

As given in Table 1 above, 38.3% of Mongkol Borey households were classified as poor by WFP criteria. Project investigations indicated that in the twelve villages surveyed, the proportion of poor and very poor ranged from 32% in K Tonloab to 77% Ch Chek.

Key data for the surveyed villages are given in Table 2.3. These include poverty status, vulnerable groups (single-headed households, disabled, landless) and literacy.

2.4 Socioeconomic Characteristics of APs

A separate study was conducted of the socio-economic characteristics of APs, that is, of households in the impacted areas of the headworks and the canals (these do not include the households estimated to be affected in the COI of branch canals, which will be determined at the design stage). This random sample survey was designed both to provide a more specific knowledge of the situation and needs of these households, and as a baseline for monitoring and evaluation, especially for the follow-up surveys which will be conducted by an External Monitor. The results of the survey are provided in outline below for some key factors related to livelihoods,and to compensation or relocation, and in greater detail in Appendix J.2.5. The baseline sample survey was of 20 households, approximately 40% of APs then identified. Table 2.4. Distribution of the baseline socio-economic survey random sample

Banteay Neang Commune Rohat Teuk Commune 1- Kouk Phnov Village 3 h/h 2- Pongro Village ……… 6 h/h

1- Pou Pi Deum Village……. 11 h/h

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2.5 Age & Sex of APs:

The age sex profile of the AP population is typical of the project area in having an imbalance between women and men with adult women outnumbering men by about twenty per cent – the legacy of the Pol Pot era. It has an exceptionally high level of infants, with 14% of the population in the 0 to 5 years group. The 7.5% of over sixty year olds is also high by comparison with the regional norm and with other sub-project populations. The size of households is low at 4.7, and this may be associated with recent migration and landlessness in a high proportion of AP households by comparison with the overall project area population. Table 2.5. Age Sex Profile of AP Households

Male Female 0-5 6-12 13-18 19-25 26-60 60+ 0-5 6-12 13-18 19-25 26-60 60+ 5 6 6 5 15 3 8 5 8 8 20 4

Total = 93 5.5% 6.5% 6.5% 5.5% 16% 3% 8.5% 5.5% 8.5% 8.5% 21.5% 4.5%

Table 2.6. Size of AP households

1 2 3 4 5 6 7 8 9 10+ 0 2 1 7 3 6 1 0 0 0

0 4 3 28 15 36 7 0 0 0 Total 93 people / 20 h-h

Average 4.7

2.6 Poor and Vulnerable AP households

The most telling evidence of poverty in the AP population is that of rice deficits for household consumption during the year, with 55% of household reporting a rice deficit and 45% having a rice deficit for six months or more. 90% reported a food deficit in at some time in the year, and 35% saying that they were always short of food. Table 2.7. Deficit in rice in last year (2001: months):

Number 1 2 3 4 5 6 7+ 1 0 0 1 0 4 5

H/H = 20 5% 0 0 5% 0 20% 25%

Table 2.8. Food Deficits in last year (2001: months)

Always in deficit Sometimes in deficit Surplus 7 11 2

H/H = 20 35% 55% 10%

90% reported a cash deficit at some times in the year, to pay health, school or ceremonial costs, with 30% always being short of cash.

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Table 2.9. Income Deficits in last year (2001: months)

Always in deficit Sometime in deficit Surplus 6 12 2

H/H = 20 30% 60% 10%

The incidence of vulnerable households set out in the following tables, shows few disabled or aged households (the latter reflecting low life expectation, itself a factor of poverty). There is 25% landlessness in the sample of APs. Landless ness is specific to the AP group rather than to the whole AP population - households settled on communal land at the headworks include 12, which are landless, all of, whom will be relocated close by, and most of whom are traders. There are 15% households with less than the national poverty line of $10 per month income. (Vulnerable households will be compensated for each of the factors of poverty affecting them.)

Table 2.10. Female heads of household:

Female head of household H/H % 3 20 15

Table 2.11. Aged (60+) household heads:

Aged (60+) H/H % 0 20 0

Table 2.12. Disabled household heads:

Disable of household head H/H % 1 20 5

Table 2.13. Landless households Landless households H/H %

4 20 25 Table 2.14. Households with less than $10 p.m. income

Households with less than $10 p.m. income H/H % 3 20 15

2.7 Literacy

The sample had a level of literacy among male household heads which is average for the region, and a higher than usual level among spouses. This may reflect relatively high levels of school recruitment and attendance, with 93% of children of primary school age in school. Table 2.15. Literacy of household head and spouse:

N° literate H/h % Male household head 12 17 60

Female household head 1 3 33 Spouse 12 17 60

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2.8 School Attendance

Table 2.16. School Attendance of children of primary school age: Children of primary school age (A) Attending primary school (B) (B/A) 100 %

14 13 93

Table 2.17. Reason for non-attendance at primary school:

1= Cannot afford school costs; 2= Have to help in business; 3= Takes too long to get to school; 4= Have to help on the farm; 5= Looking after house/ younger sibling;

1 2 3 4 5 0 1 0 0 0

H/H = 20 0 5% 0 0 0

Table 2.18. School attendance of children of lower secondary school age:

Children of secondary school age(A) Attending in lower secondary school (B) (B/A) 100 %

13 4 31

Table 2.19. Reason for non-attendance at secondary school:

1= Cannot afford school costs; 2= Have to help in business; 3= Take too long to get to school; 4= Have to help on the farm; 5= Looking after house/ younger sibling;

1 2 3 4 5 2 3 0 1 0

H/H = 20 10% 15% 0 5% 0

2.9 Migration and Settlement

A significant number of APs, 25%, have settled from other locations within the past four years, and 46% within the past ten years. There is a correlation between recent migration to the area, landlessness and reliance on trading and other non-agricultural sources of income, which is specific to the AP population rather than to the project area population as a whole. Table 2.20. Migrated to the resident location (years):

1 2 3 4 5-10 10+ 1 2 1 1 4 11

H/H = 20 5% 10% 5% 5% 20% 55%

2.10 Ethnic group & Languages:

The AP population, in common with the population in general, is Khmer and Buddhist, with no presence of ethnic minorities or immigrants of other nationalities.

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2.11 Knowledge of and Attitude to the project The sample survey bore out other evidence of support for the project, notably among APs who would be expected in some respects to carry the brunt of any adverse effect. 75% had good prior knowledge of the project, but only 35% had a clear knowledge of the areas, which would be impacted by project works, the COI. All respondents believed that both the project and its objectives were good or very good.

Table 2.21. Knowledge of the Project:

Know H/H % 15 20 75

Table 2.22. Knowledge of the Corridor of Impact (COI):

Know H/H % 7 20 35

Table 2.23. Attitude to the project:

0= No answer; 1= Bad; 2= Good; 3= Very good. 0 1 2 3 0 0 18 2

H/H = 20 0 0 90 10

2.12 Health and Drinking Water

Health is a major item of expenditure of the project population and of APs, and is the most frequent use of credit. While APs have access to a District Health Centre, the majority seek assistance from a traditional village doctor or, for 50% of households, from a pharmacist, because of a lack of drugs, extra cost or perceived unhelpfulness of health centre staff. Table 2.24. Source of Health Treatment: 1= Clinic/Hospital; 2= Village Doctor; 3= Village Traditional Healer;

4= Local Pharmacist or Drug Shop; 5= No Treatment;

1 2 3 4 5 6 7 1 10 0

H/H = 20 30% 35% 5% 50% 0

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Table 2.25. Problems in getting medical treatment:

1= Lack of beds, equipment; 2= Not enough medicine, drugs; 3= Poor quality of service; 4= No physician or qualified medical assistance; 5= No midwife; 6= High price/not enough money; 7= Long distance to better quality care; 8= Unsanitary health facilities; 9= Staff are unhelpful; 10= Other (specify).......

N° 1 2 3 4 5 6 7 8 9 10 0 5 0 0 0 10 1 0 4 0 1St

% 0 25 0 0 0 50 5 0 20 0 1 4 0 0 0 2 3 0 10 0 2nd

% 5 20 0 0 0 10 15 0 50 0 1 4 1 0 0 4 5 1 4 0 3rd

% 5 20 5 0 0 20 25 5 20 0

H/H = 20

There is no public water supply in the subproject area. Most of the population obtain water from the river or various shallow wells that have been installed over the last 15 years by NGOs, funded by numerous donors. Some rainwater harvesting is practiced.

3. Impact on Structures and Land Acquisition

The impact of the project is on 23 houses at the headworks and in the main canal, and on farmers losing land in the COI of the main canal and two branch canals. 24 households, about 140 people, in total are severely affected at the headworks and along the main canal. Of the 23 households losing their houses and house plots, 12 are categorised as landless, that is, without agricultural land. Only one of the households losing rice farmland on the main canal will lose more than 10% of their total landholding. 15 households losing houses are also losing some or all of their house garden land.

Loss of agricultural land, which will occur on the two branch canals is estimated provisionally to be 15 ha. and the number of APs affected by them to be 200 households. These are estimates for purposes of resettlement cost estimation, and related allowances (for severely affected households and vulnerable households in the COI of the branch canals) and may be substantially revised when their alignment and design are established during the detailed design study.

Loss of land to tertiary canals has not been estimated or included. A decision on compensation or land replacement for losses to tertiaries will be made at the design stage, when a follow-up DMS will be conducted (experience in this matter will be gained from the Stung Chinit Irrigation and Rural Infrastructure Project RP preparation and implementation).

The impact of the subproject on APs and their land and houses is summarized in the two tables below: Table 3.1. Affected Households

Affected H’holds

Affected Houses

Female HHH

Disabled HHH

Income <10$

Landless HHH

Affected People

249 23 40 20 60 12 1,300

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Table 3.2. Affected Land and Structures Total Affected Land % Loss of Agriculture Land Type of Affected HouseResidential (m²)

Agric. (ha.) <10% 10%-20% 20%-50%

50%-100%

All Agric. Land use of APs(ha) Thatch Wooden Concrete

1658 15.00 150 40 10 0 250.00 16 6 1

4. Objectives, Policy Framework and Entitlements

This RP has been designed to permit a planned basis of resettlement and compensation for loss of land and structures and the creation of a resettlement site for shops and houses displaced by construction of the headworks and for relocation of houses displaced on the main canal. The objectives, policy and entitlements that it entails are those of RGC’s draft national policy, and adhere to ADB Guidelines on Involuntary Resettlement.

The RGC has, in its loan agreements with the ADB, adhered to the ADB’s Policy on Involuntary Resettlement, and is currently in process of formulating, with ADB assistance a National Policy on Involuntary Resettlement. This affirms that APs will be fully compensated for all assets lost as a result of water resource and other infrastructure projects, regardless of whether APs have formal title to the land, which they occupy and use. In accordance with ADB’S requirements, people eligible for compensation are those who will experience negative impacts on their assets and livelihoods as a result of the Project.

In general, people eligible for compensation would include those affected in the following categories:

• Land to be permanently acquired for the project:

- Owners with formal legal title

- Owners/occupiers eligible for formal legal title under Cambodian law

- Owners/occupiers not eligible for formal legal title under Cambodian law but who can provide evidence of occupation of such land prior to August 30 2001

- Leaseholders and tenants of land

• Permanent removal of houses, other structures and improvements and land based assets, such as trees and crops:

- Owners of houses and other structures (whether with land title or not) and whether the house or structure was built with permit or not

- Tenants of houses and other structures

• Temporary effects, such as disturbance to land, crops, business operations during construction of farmers, land users and businesses

The following principles have been adopted in the formulation of the RP viz:

• Land acquisition, involuntary resettlement and other negative impacts are to be minimized as much as possible by exploring alternative project designs;

• Community participation in project benefits is assured;

• The economic and social future of people shall not be unfavorably affected, and they would not face a material reduction in income, living standards or unnecessary social and cultural dislocation as a result of the project;

• The compensation to be provided is:

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- Compensation at replacement cost for houses and other affected structures without deduction for depreciation or salvageable materials

- For agriculture land, compensation in terms of land for land of equal productive capacity1 or compensation in cash permitting land purchase by APs of equal quality and productivity to that last;

- Replacement of premise/residential land of equal size acceptable to the affected person

- Replacement of commercial land of equal size and commercial potential acceptable to the affected person

- Disruption allowances and transfer and subsistence allowance when appropriate.

• Resettlement will be monitored by the Government and the ADB and by an independent external monitor

• People affected shall not be required to have formal legal title to the land used by them to be eligible for compensation;

• Positive steps will be taken to ensure that both poor and disenfranchised groups receive adequate compensation and additional assistance when needed to restore their social and economic well-being to at least its level prior to the project.

ADB Guidelines and the draft national policy express a preference for compensation for land losses by means of land replacement rather than in cash. This preference was fully explored in consultation with APs, and a decision taken to conform with their preference for cash compensation on the grounds that they would be able to replace land more suitably and more cheaply on their own account at substantially less than the amount of cash compensation. However it was decided that an external agency appointed as an independent monitor would follow up and evaluate the effectiveness of this procedure

5. Mitigating Impact and Ensuring the Restoration of Livelihoods of APS

The main mechanism for income restoration is that of land for land or cash compensation for purposes of replacement of land purchased by APs and cash compensation for houses and other structures at the replacement costs of new build, but a number of other means of restoring and improving livelihoods were looked for and discussed with APs, including:

• Creation of a resettlement site at the headworks with improved facilities, including shop structures and facilities, for all APs losing houses and plots in that location;

• The provision of spoil from the channel for construction of house/shop sites on their own remaining land adjoining tertiary canal embankment roads;

• Purchase of other productive assets;

• Advice of the Provincial Government in obtaining training and employment, including for children of working age in liaison with other parallel projects and with NGOs.

1 Replacement cost for agriculture land is the pre-project or pre-displacement, whichever is higher, market value of land of equal productive potential or use located in the vicinity of the affected land, plus the cost of land preparation, to levels similar to those of the affected land, plus the cost of any registration and transfer taxes.

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Box 4.1. Entitlement Matrix of Proposed Compensation and Resettlement: NWISP Po Pi Deum Subproject3 Type of Loss Application Entitled Person Compensation 1 Arable land Loss of arable land. Eligible landholder with formal legal title, possessory land holder

eligible for formal title, and possessory landholder not eligible for formal legal title under Cambodian law and can provide evidence of occupation of such land before August 30th, 2001 In irrigation areas this entitlement includes land lost to the construction of secondary canals and will also include any severe loss to individual APs in tertiary systems

Land for land as a priority, or cash compensation for lost land at replacement cost; or “Land for land” will be provided in terms of a new parcel of land of equivalent productivity and with long-term security of tenure at the wish of APs. No distinction between titled and not-titled landholders. Replacement land to be free from taxes, registration and transfer costs. Severely affected farmers eligible for economic rehabilitation assistance and other allowances (disruption allowance; assistance to obtain training and employment.

Agricultural laborer Cash compensation equivalent to three months salary and assistance in obtaining alternative employment.

Lease holder or tenant, including non-paying tenants with permissory rights of land use

Cash compensation equivalent to replacement cost of gross harvest for one year. Disruption allowance and other allowances as applicable.

Temporary acquisition or easement

Eligible landholder

Cash compensation based on opportunity lost during the period. Land returned to the landholder after use, fully restored or improved.

2 Residential land Loss of residential land Eligible landholder with formal legal title, possessory land holder eligible for formal title, and possessory landholder not eligible for fomal legal title under Cambodian law and can provide evidence of occupation of such land before August 30th, 2001

Compensation in cash at replacement cost or, at AP’s choice, replacement land of minimum plot of acceptable size or a plot of equivalent size, whichever is larger, either on fully serviced resettlement sites if provided or on other sites acceptable to APs. Replacement land to be free from taxes, registration and transfer costs. Eligible for relocation assistance and other allowances as applicable. Assistance to APs to permit on their own remaining land adjoining channel or reservoir embankment house/shop sites, or if no remaining land, for provision of a house/shop site along the embankment or in another suitable location.

Lessee, tenants or non-paying tenants with permissory land use rights.

Eligible for relocation assistance and other allowances, as applicable.

Temporary acquisition Landholder with formal legal title, possessory land holder eligible for formal title and possessory landholder not eligible for formal legal title under Cambodian law and can provide evidence of occupation of such land before August 30th, 2001

Cash compensation for the net loss of income and damaged assets. Land returned to original owner after temporary use, restored to previous condition or improved.

Lessee, tenant or non-paying tenant with permissory land use rights Cash compensation and other allowances, as applicable.

3 Commercial land Plots used for business affected

Landholder with formal legal title, possessory land holder eligible for formal title and possessory landholder not eligible for formal legal title under Cambodian law and can provide evidence of occupation of such land before August 30th, 2001

At AP’s option, provision of alternative business site of equal size and accessibility to customers, satisfactory to the AP OR compensation in cash at replacement cost for the affected land. When the affected premises are larger than the relocation plot, cash compensation at replacement cost to cover the difference in area. No distinction between titled and non-titled landholders. Replacement land to be free from taxes, registration and transfer costs. Cash compensation for lost income during the transition period. Eligible for relocation assistance and other allowances and rehabilitation assistance, as applicable.

Lessee, tenant or non-paying tenant with permissory land use rights Assistance for finding new commercial site. Eligible for relocation assistance and other allowances and relocation assistance, as applicable.

Type of Loss Application Entitled Person Compensation 4 Loss of structure Loss of house, well,

pond, fence, latrine, kiosk or shop, etc.

APs who are the recognised owner

Compensation in cash or materials at full replacement cost at current market value, with no deduction in compensation for depreciation or salvageable materials. Compensation will be based on a competent technical survey

Tenants renting structures Three months’ rent and other assistance with relocation (transport allowance, disturbance allowance)

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5 Loss of business / incomes or employment

Loss of business / incomes / employment

Affected APs Cash compensation for the loss of business, incomes and wages. Assistance during the transition period. Eligible for rehabilitation assistance and other allowances, as applicable.

6 Standing crops, trees

Crops or trees affected by land acquisition or temporary acquisition/easement

Owner of crops or trees

Compensation in cash calculated on the basis of type, age and productive value of affected crops or trees or replacement by tree planting at cost. Other allowances as applicable.

7 Common resources or infrastructure

Loss of access to community water supply, sanitation and drainage or other utility, market facilities, community grazing land or forest

Affected communities Replacement or compensation at the full cost of replacement at current market value with no deduction for age or depreciation or salvaged materials, or improved resource to increase benefits from the project.

8 Public Utilities Loss of, or damage to, affected assets, partially or entirely (not applicable in this project).

AP Communities and public agencies. Replacement or improvement to the facilities.

9 Public facilities Loss of, or damage to, public infrastructure

Concerned agencies Replacement or improvement to increase the benefits from the project, and compensation in cash at replacement cost to respective agencies.

10 Special assistance / allowance for vulnerable groups

Special assistance to vulnerable groups

APs belonging to vulnerable groups including households who are very poor (earning less than $10 per month), headed by the aged, women, disabled, or otherwise vulnerable such as ethnic minorities

A $20 allowance plus additional cash and other assistance based on identified needs and priorities, households with more than one factor of vulnerability being entitled to a $20 allowance for each factor. For example, households that are very poor and headed by a woman would be entitled to $40.

Disruption allowance

All severely affected households

Relocating households and households that lose more than 10% of their total productive landholding

Either a disruption allowance of $40 or of the price of 6 months rice consumption for all members of the household, whichever is the greater, payable to all severely affected APs (i.e. who lose more than 10% of their total landholding)

Advice and assistance for training and employment

All severely affected farming households

Households that lose more than 10% of their total productive landholding

Advice and support of the Provincial and local authorities in obtaining training and employment for the household head and members of the household

Transport allowance

All relocating households and businesses who must move their personal possessions and old and new building materials

Relocating households and businesses Either provision of transportation by local authorities or cash sufficient to be able to transport possessions.

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The RP will be implemented in the light of the extreme poverty, including food deficits, which have been shown to exist both in the affected population and widely in the project area as a whole. Both to achieve effectiveness in measures to mitigate adverse impact of the project works, and to address this wider issue of poverty, the PIU and Provincial Resettlement Working Group will look to achieve close cooperation with other agencies and programmes, including those of ADB, the EC, UN and NGOs which are directed to poverty alleviation. This coordination will include seeking the participation of these agencies in measures to provide credit and training to AP households and others in diversifying sustainable sources of income, and in overcoming food deficits.

Mitigation and minimizing of impact will be achieved at the design stage of the subproject first by keeping the width of the canal at the minimum required for the provision of the increased volume of water fully to utilize the maximum full capacity of the reservoir

Entitlements to compensation, allowances and other assistance are set out in the Entitlements Matrix, Box 4.1 above, which will be available for APs and their representatives to examine, and will be summarised in an Information Booklet (Appendix J.2.2). 6. Participation, Information and Consultation and Grievance Redress

6.1 APs Participation

An important aspect of the participation of APs will be that of their membership of Commune or Village Resettlement Committees consulting with the Provincial Resettlement Sub-Committee and Working Group on the implementation of the IRP, and especially on replacement and compensation for losses of land, houses or other property and livelihoods. They will also be directly involved in the irrigation development and management, in decisions on means of avoiding unnecessary adverse impact and on land adjustment, and in achieving direct and related benefits from the development, especially through membership of Farmer Water User Committees and Farmer Water User Groups. Both men and women will have the opportunity of employment in project construction works. Village and Commune Resettlement Sub-Committees will also be responsible for providing assistance to vulnerable households with land purchase and land and irrigation system development.

The Provincial and District governments will be fully and continuously involved in these consultations through the Provincial Resettlement Sub-Committee, Provincial and District staff and commune leaders will be involved in training programmes to ensure their full understanding and management of the resettlement programme.

6.2 Informing APs

Those potentially affected by irrigation works will be informed of the situation in a series of community meetings prior to the marking out of the alignment and the conduct of a final Identification Survey, the DMS and registration of APs at the design stage. They will be further informed of, and consulted as to developments, as final decisions on widths and alignment are taken

While the majority of farmers along the alignment are aware of the imminent commencement of the project and know that some of them may be required to give up land, there remains a major need both to inform APs accurately of the physical aspects of the project, to advise them of the IRP and of their rights and entitlements, and to provide training and support both to APs and to

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the community as a whole in managing land adjustment and farmer land exchanges in the creation of the irrigation system.

This information and consultation programme has been commenced prior to the marking of the alignment and the conduct of a Detailed Measurement Survey (DMS) in the area of the headworks and main canal and will be be continued through AP representation at all stages of decision making. This will be particularly important during implementation when APs must be involved in agreement on compensation and any relocation of land.

The Provincial Resettlement Sub-Committee and Working Group, assisted by PDWRAM, will carry out an information campaign before conducting the registration of APs, and will for this purpose publish a booklet in Khmer, based on the draft provided in Appendix J.2.2. The information booklet will contain information on the Project compensation policy, compensation payment procedures, and construction schedule aimed at social preparation for relocation and resettlement of the affected persons. PDWRAM will be responsible for distribution of the booklets as well as monthly newsletters to affected communities for the duration of the Project through the provincial, district and village government offices. During the DMS, each household will be personally informed about the project, entitlements and procedures. The disclosure and consultation process is designed to achieve the following:

• Explain the relevant details of the Project scope and schedule,

• Explain the IRP and the various degrees of project impact,

• Provide details of the entitlements under the IRP and what is required of APs in order to claim their entitlement,

• Explain the relocation and resettlement operations and options and enlist the agreement and support of affected people in participating in these operations,

• Explain the Implementation Schedule with a timetable for the delivery of entitlements,

• Explain the compensation process and set out compensation rates,

• Provide a detailed explanation of the grievance process,

• Enlist the help of village leaders and other influential community officials in encouraging the participation of the APs in IRP implementation, and

• Attempt to ensure that all vulnerable groups understand the process and that their needs are specifically taken into consideration and are met by assistance by the Project and by commune and village resettlement sub-committees.

APs will take part in the selection and development of any replacement land or in receiving compensation, if this is the preferred option. They will also be consulted and asked to participate in any assistance needed to restore farming viability and restoration of livelihoods on the part of vulnerable households and in any restoration of community facilities.

A continued information and consultation programme will be conducted prior to agreement and payment of compensation and relocation and will be continued for purposes of grievance procedures and for post-implementation development.

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6.3 The Grievance Process

(a) Grievance Rights All APs have the right of appeal against any aspect of decisions made not in accordance with the IRP or with commitments given to them, or on which they disagree with the level or manner of compensation, including land, house or shop or stall relocation and compensation.

The main objectives of the grievance procedure are to provide a mechanism to ensure that the compensation and resettlement programme have been implemented accurately and fairly, alleviating any adverse effects on APs, to mediate conflict and to avoid lengthy litigation that is unfair to APs and can delay the project. It also provides people who have objections or concerns about their compensation of other assistance with an accessible and known procedure through which to raise their objections and have them resolved.

(b) Function The functions of the grievance process will be:

• To make all APs aware of the process of the RP and entitlement policy and of the timetable for implementation;

• To provide support for the APs being relocated on problems arising out of their adjustment to their new environments;

• To record grievances of the APs and categorise and prioritise those grievances that need to be resolved by the Grievance Committee;

• To record grievances of the APs and categorise and prioritise those grievances that need to be resolved by the Grievance Committee;

• To assist the APs in dealing with the decisions of the Grievance Committee (the Grievance Committee should be given the power to resolve all but the most serious of grievances);

• To report new developments to the aggrieved parties regarding the hearing of their grievances. The decisions of the Grievance Committee will not be contested in any other forum, except in the courts of law.

(c) Steps Involved The grievance process must be explained to every AP at the time of compensation. The process will be as follows:

(i) As a first stage, APs will present their complaints and grievances to the Village or Commune Resettlement Sub-Committee and, if they wish, to the NGO External Monitor and/or to any NGO working in the Community. The NGO will record the complaint in writing and accompany the AP to the Village or Commune Resettlement Sub-Committee. The Sub-Committee will be obliged to provide immediate written confirmation of receiving the complaint. At the same time, the complaint will be forwarded to the Provincial Resettlement Sub-Committee and the Provincial Grievance Committee.

• If the Village or Commune Resettlement Sub-Committee is unable to resolve the grievance, it will refer the grievance with any relevant information or documents to the Provincial Resettlement Sub-Committee through the PIU at PDWRAM, which will advise the Provincial Grievance Committee.

• At this or any subsequent stage the External Monitor (EM) may be asked by the AP, relevant Grievance Committee or the PIU to carry out a survey and valuation of structures or

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land which is the subject of dispute and to provide this or otherwise assist in further review or arbitration.

• The Provincial Grievance Committee meets with the aggrieved party and tries to resolve the situation. The Committee may ask for a review of the DMS by the external monitor, including a measurement and valuation of the land or structure. Within 21 days of the submission of the grievance, if mediation has not succeeded in resolving the issue, the Committee must make a written decision and submit copies to Provincial MOWRAM, the monitoring agency, and the AP

• A judgment on the complaint will be made by the Provincial Grievance Committee with the participation of the village head, Commune Chairman and the NGO within 21 days of the written acknowledgement being issued. The Provincial Grievance Committee will provide the AP and EM with its decision within 21 days of the complaint being lodged.

• If the AP is not satisfied with the solution of the Provincial Grievance Committee, the case may be submitted for consideration by the legal system, however, every effort shall be made to avoid this by resolving grievances within the framework of the Provincial administration and the Project, and with the assistance of the EM.

• If the decision is in favour of the AP, corrective actions must be prescribed in the letter and implemented within 14 days of the decision with interest added for any back payment of compensation.

• If no decision can be agreed to and the settlement of the grievance is essential to the successful implementation of the Project, the IRC at the request of MOWRAM may ask for arbitration to be undertaken by an independent agency, assisted by any survey or valuation by the EM and with the presence of the EM.

• In the event that this procedure does not achieve an agreed resolution of the grievance, the IRC may take the matter to court, with the plea that an order for eviction be granted, but must advise the ADB of its intention to take this step one month in advance, and must in any case make payment of the full compensation costs and allowances to which the AP is entitled.

• The grievance procedures do not take away the constitutional rights of any AP him or herself to lodge a complaint with the court at the municipal level. This may be followed by subsequent appeals to the court at the provincial level and national level, but the purpose of the grievance procedure is that citizens, particularly people in the municipal and Commune/village level, will not need to take their complaints to the formal legal institutions and that most complaints will be settled at the lowest level.

• APs will be exempted from all administrative, transfer and legal fees.

• It is recognized that, in many cases, APs do not have writing skills and the possibility of being able to express grievances verbally has been considered, however, APs are encouraged to seek assistance from the EM, other local NGOs or other family members, village heads or community chiefs to have their grievances recorded in writing and to have access to the DMS or other documentation, and to any survey or valuation by the EM, to ensure that where disputes do occur all the details have been recorded accurately enabling all parties to be treated fairly.

(d) Makeup of the Grievance Committee Banteay Meanchey Province will have a Grievance Committee under the Provincial Resettlement Sub-Committee comprising four permanent members and one local member, according to where the aggrieved party is from. The Committee will be chaired by the Provincial

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Governor or his representative and have as members the Provincial Head of the Department of Water Resources, the Provincial Head of the Department of Finance, Justice Department, a member from the external monitoring agency and one or more local leaders (such as the Village Head or Commune Chairman) familiar with the area and the circumstances of the complaint, any local NGO and the External Monitor contracted by MOWRAM. (see below section 11 and Appendix J.2.3).

7. Management and Organisation

The planning and management of involuntary resettlement from water resources projects in Cambodia has derived from cooperation with the Asian Development Bank over a two year period. Overall policy and regularity supervision for resettlement is the responsibility of the Inter-Ministerial Resettlement Committee, which is a Committee of the Council of Ministers and is administrated by the Ministry of Economy and Finance. A Resettlement Unit was established in the Project Management Office at MOWRAM under the direction of H.E. Veng Sakhon, with a Head of Unit and three other staff members, one of whom has been trained as a database and data management specialist.

The PMO was also provided with computers and EXCEL and ACCESS database systems installed to permit the analysis of Detailed Measurement Cadastral and Socio-economic Surveys of households affected by these projects, to permit the preparation of Resettlement Plans and compensation. The ACCESS system is being further upgraded, and training provided to RU staff, to store and utilise sociological, environmental and agricultural survey data from the Project feasibility study and the DMS.

A Provincial Steering Committee and Resettlement Sub-Committee will be established for the project. District and Commune Resettlement Sub-Committees will be established in the project areas, and Grievance Committees set up at these various levels to help in resolving grievances or disputes over compensation and relocation of affected people. An external organisation, which will be an NGO or independent research agency will be appointed under contract to the Ministry of Economy and Finance on behalf of the Inter-Ministerial Resettlement Committee, to provide independent monitoring and evaluation of these resettlement programmes.

Specific responsibilities are given to an External Monitor, both to conduct monitoring and evaluation over the six year period of the project based on baseline surveys to be conducted in each subproject (section 11 and Appendices B and E below), and to provide support to APs, especially in any resolution of grievances related to relocation and compensation and in providing an independent assessment of the measurement and valuation of property in cases of grievance or arbitration.

These institutional arrangements are set out in the diagram, Figure 7.1. These arrangements for the management of involuntary resettlement are based on the ADB Guidelines for Involuntary Resettlement (which are closely similar to the World Bank Guidelines) and on current consultation on a draft National Policy and Guidelines for Involuntary Resettlement of RGC assisted under ADB RETA 5935.

One of the purposes of the North West Irrigation Sector Project is to further strengthen and adapt the institutional structure to provide a more effective basis for involuntary resettlement arising from irrigation and other water resource projects. A particular objective sought be MOWRAM and the ADB is that of a strengthened capacity in MOWRAM for resettlement planning, management, monitoring and evaluation in the context of environmentally and socially sound water resource development.

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A second objective is that of the devolution and strengthening of resettlement management responsibilities, first as between the IRC and MOWRAM, and secondly as between MOWRAM and Provincial DWRAM, or more generally Provincial Government. To handle these matters the Provincial DWRAM is responsible both to MOWRAM and the Governor’s Office in setting up a PIU, a Provincial Resettlement Sub-Committee, and for liaison with Districts, Communes and Villages in project areas to undertake the various operations for which it is responsible.

These include:

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National Steering Committee

Provincial Steering Committee

Subproject O&M including support to FWUCs

Agricultural Support

PDAFF

MAFF

Project Components/ Activities

Project Implementation

Project Planning and Coordination

MOWRAM Resettlement Unit

Ministry of Interior

Office of Governor

Ex Com

Rural Development/ Anti-Poverty initiatives

Resettlement Land

Management Benefit Monitoring

and Evaluation Irrigation

Infrastructure

PD Finance

PD of

MLM/Cadastre

Resettlement Sub-

Committee

PDWRAMProject Implementation

Unit

PDRD

PD. Women’s & Vet. Affairs

MEF

MLMUPC

Interministerial Resettlement Committee

MOWRAM Under Secretary of State

PMO Ministry of Women’s

& Vet Affairs

MRD

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a. The conduct of an information programme, an identification survey in the Corridor of Impact of the project, to identify people affected by the project who will be entitled to compensation and other assistance;

b. carrying out a Detailed Measurement Survey of all APs, including a cadastral survey of their land and houses and other structures, and a socio-economic survey to determine any special needs and also to find out what loss of livelihoods will occur as a result of the project; and

c. the creation of Grievance Committees at Provincial, District and Commune levels to hear and resolve grievances over compensation, replacement of fixed assets and relocation;

d. supporting the IRC, MEF and MOWRAM Resettlement Unit in deciding and administering compensation, replacement of assets and relocation.

The overall Organization and Management of the Project and of resettlement policy, including IRP planning and implementation, monitoring and evaluation, is the responsibility (a) of MOWRAM, and (b) of a Regulatory Body responsible to the IRC (Figure 7.1). This position is currently occupied by the ADB Division of the International Cooperation and Investment Department of MEF acting as a secretariat of the IRC.

The identification of APs, detailed measurement survey (DMS) and socio-economic survey and compensation has been carried out by the Resettlement Unit in MOWRAM PMO, under the management of the Head of the RU, assisted by a local consultant. A Provincial Working Group combining staff of these organizations and of the Battambang Provincial Water Resources and Meteorology Department and Provincial Department of Land Management assisted the physical work of cadastral and socio-economic survey.

Consultation and compensation will be carried out by the Provincial Sub-Committee under the supervision of the Inter-Ministerial Resettlement Committee with the support of the MOWRAM and the IRC. As describe above and explained further below, an External Monitor, which will be a non-governmental organization or independent research agency, will be appointed by the IRC or Regulatory Agency, to monitor and evaluate implementation of the IRP (see Section 11 and Appendix J.2.2)

8. Resettlement Budget

8.1 Incremental Administrative Costs

Incremental administrative costs have are estimated in the Supplementary Resettlement Administration Budget in Table 8.1, below.

Table 8.1: Incremental Administrative Costs For RP Implementation Item Unit Quantity Unit Rate Total Detailed Measurement Survey Mth 1 3,000 3,000 Community Consultation Mth 1 2,500 2,500 Reporting Mth 2 300 600 Administration Mth 2 300 600 Grievance Committee L/S 0 0 1,000 External Monitor L/S 6,000

TOTAL 13,700

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8.2 Estimated Cost of Resettlement Plan Implementation.

The cost of compensation and other entitlements and assistance and of administrative costs, monitoring and evaluation are set out in Table 8.2.

Figures used in estimating the compensation costs for the Resettlement Plan are estimates based on provisional figures for land, houses and crops, which will be revised following a repeated DMS at the design stage. The total estimate for the IRP including the Incremental Administrative Costs determined above is US$ 63,596.

Table 8.2 assumes: (1) that farmers are able to harvest crops, mainly rice and some vegetables, prior to

construction works or the increase in reservoir surface area, and that therefore no compensation is paid for lost crops;

(2) that farmers cultivating in the reservoir area will continue to be able to cultivate on this land on a regular basis, now controlled by with project reservoir management, for at least four months of the dry season.

These assumptions and costings will be the subject of detailed study and consultation at the design stage, which will also reflect any benefits to farmers from permanent access to land and dry season irrigation in the reservoir area.

9. Implementation Schedule

Initial Identification of APs, consultation, DMS and socio-economic survey were completed for purposes of the draft RP in August/September, 2002.

Final DMS, Identification of APs, further consultation and compensation for affected land and structures and payment of allowances will be conducted immediately following detailed design and the setting out of the canal and reservoir area.

A final RP based on these studies and on the identification and registration of APs will be concluded three months prior to the commencement of works on the headworks structure and canal. All relocation and compensation will be concluded prior to the commencement of works.

10. Monitoring and Evaluation

The RU in MOWRAM Project Management Office (PMO) is responsible for internal monitoring and evaluation. The RU has been assisted to establish a database on the EXCEL and ACCESS system in the PMO under the ADB Capacity Building Project, primarily to store benchmark data from the cadastral survey and socio-economic survey but with the potential to store environmental and social impact data for use in project M&E and future project selection and design.

A single independent non-governmental agency will be appointed to conduct external monitoring of all projects in the North West Irrigation Sector Project throughout its six year duration. The terms of reference provided as part of their contract, which include a baseline Knowledge, Attitude, Response and Experience survey, observational and focus group monitoring, are attached in Appendix J.2.3.

The monitor will conduct a follow up evaluation survey eight months after implementation and during years 3 and 5. The external monitor has been instructed to make a specific study of the implementation and effectiveness of compensation and income restoration measures.

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A reporting mechanism has been established in the RU and the external monitor’s reporting on IRP implementation, especially for purposes of reporting to MOWRAM PMO, the IRC and to the Provincial Resettlement Sub-Committee on the implementation and effectiveness of compensation, relocation and livelihood restoration procedures. The external monitor will pay particular attention to gender mainstreaming and to the situation of vulnerable groups following compensation and other measures for livelihood restoration.

Resettlement Monitoring and Evaluation will constitute part of Project Benefit Monitoring and Evaluation, the t.o.r. for which are set out in the Appendix to the Institutions Section, under the supervision of MOWRAM PMO.

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Table 8.2 – Estimate Of Compensation Costs

Unit Avg/Unit Unit Rate Quantity TOTAL Remarks

AP Households 1.1 Disruption Allowance No. 1 40.00 249 7,560 1.2 Transport Allowance No. 1 40.0 23 920 Households Households – Vulnerable Groups 2.1 Female-headed H/holds No 1 20.00 40 800 2.2 Disabled-headed H/hold No 1 20.00 20 400 2.3 H/holds <US$ 10.00 income No 1 20.00 60 1,200 2.4 Landless No 18 20.00 12 240 Land 3.1 Residential/Commercial M2 80 2.50 1,658 4,145 3.2 Agricultural( Ha. - 1,000.00 15 15,000 3.3 Farmland tenancy - 3.4 Ponds M2 - - - - Structures: houses 4.1 Type 1 M2 4.50 16x30 2,160 4.2 Type 2 M2 12.50 6x40 3,000 4.3 Type 3 M2 - 80.00 1x80 6,400 4.4 Type 4 M2 - - Annual Crops 5.1 Rice Ha. 1 - - - 5.2 Vegetables Ha. 1 - - - 5.4 Sugar Cane M2 1 - - - Perennial Crops / Trees 6.1 Mango No - - - - 6.2 Coconut No - - - - 6.3 Sugar Palm No - - - - 6.4 Tamarind No - - - - 6.5 Bamboo No. - - - - 6.6 Banana No. - - - - Other Assets 7.1 Wells No - - - - 7.2 Fences M - - - - 7.3 Graves No - - - - Community Assets 8.1 Meeting Areas No - - - - 8.2 Utilities No - - - - 8.3 Clinic, Schools, etc No - - - - 8.4 Temples No - - - - Sub-Total 41,825 20% Contingencies 8,395 Administration Costs 13,700 Total IRP Costs 63,910