RRP: Resettlement Framework - ADB

Resettlement Framework ______________________________________________________________________ September 2015

Cambodia: Uplands Irrigation and Water Resources Management Sector Project Prepared by the Ministry of Water Resources and Meteorology and endorsed by the Ministry of Economy and Finance (Chairman of the Inter-Ministerial Resettlement Committee) for the Asian Development Bank.

CURRENCY EQUIVALENTS

(as of 19 August 2015) Currency unit – riel (KR)

KR1.00 = $0.00024 $1.00 = KR4,111.95

ABBREVIATIONS ADB - Asian Development Bank AH - affected household COI - corridor of impact DMS - detailed measurement survey EMA - external monitoring agency FWUC - farmer water user community GAP - gender action plan GRC - grievance redress committee HH - household IOL - inventory of losses IRC - Inter-ministerial Resettlement Committee LARC - land acquisition, resettlement and compensation M&E - monitoring and evaluation MAFF - Ministry of Agriculture, Forestry and Fishery MEF - Ministry of Economy and Finance MOWRAM - Ministry of Water Resources and Meteorology PDWRAM - provincial department of water resources and meteorology PMIC - project management and implementation consultants PMU - project management unit PRSC - provincial resettlement sub-committee RCS - replacement cost study RD-ME - Resettlement Department, Ministry of Economy and Finance RF - resettlement framework ROW - right of way RP - resettlement plan SEBS - socioeconomic baseline survey SES - socioeconomic survey SPS - Safeguard Policy Statement UIWRMSP - Uplands Irrigation and Water Resources Management Sector Project WG - working group

GLOSSARY

Affected Household (AH)

– It includes all displaced persons residing under one roof and operating as a single economic unit, who are adversely affected by a project or any of its components.

Compensation – Payment made in cash or in kind to AHs at replacement cost for assets, resources or income lost or adversely affected by the project.

Corridor of Impact – The area which is affected by civil works during the implementation of the project and may comprise: (i) area within which AHs will be legally entitled to

compensation and other measures (in general coming under the heading of resettlement) for any loss of land, structures or land use and occupation and of livelihoods.

(ii) agreed and demarcated operational area within which construction activities will take place.

Cut-off Date for Eligibility

– This refers to the date after which people will not be eligible for compensation or assistance. Those persons occupying or using the project prior to this date are eligible to be categorized as AH and to receive compensation and/or assistance. Persons not covered in the census are not eligible for compensation and other entitlements unless they can show proof that (i) they have been inadvertently missed out during the census and the Inventory of Losses (IOL); or (ii) they have lawfully acquired the affected assets subsequent to the completion of the census and the IOL and before the conduct of the detailed measurement survey (DMS).

Detailed Measurement Survey

– With the aid of the approved detailed engineering design, this activity involves the finalization and/or validation of the results of the IOL, severity of impacts, and list of AHs conducted during the project’s feasibility studies. The final cost of resettlement for the subproject will be determined following completion of the DMS.

Displaced Person (DP)

– In the context of involuntary settlement, displaced persons are those who are physically displaced (through relocation, loss of residential land or loss of shelter) and/or economically displaced (through loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of involuntary acquisition of land, or involuntary restrictions on land use or access to legally designated parks and protected areas. Further, this refers to any person or persons, who satisfy the condition of “Cut-off Date for Eligibility”. Throughout this RF, “affected person” (AP) means the same as DPs.

Eligibility – Eligible includes all the AHs (without any discrimination such as household headed by women, disabled elderly, landless and people living below the national poverty line) confirmed to be residing in, doing business, or cultivating land or having rights over resources within the sub project affected area or land to be acquired or used for sub project activities. Eligibility

is confirmed during the conduct of IOL and census of AHs (cut-off date) and is detailed in the entitlement matrix.

Entitlement – This refers to a range of measures (i.e. compensation and/or other assistances as set forth and agreed in the Entitlement Matrix), which are provided to AHs, depending on the type and severity of their losses, to restore their economic and social base.

Income Restoration

– This is the re-establishment of sources of income and livelihood of the AHs. This term is used synonymously with “Rehabilitation.”

Inventory of Losses

– This is the process whereby all fixed assets (i.e., lands used for residence, commerce, agriculture, including ponds; dwelling units; stalls and shops; secondary structures, such as fences, tombs, wells; trees with commercial value; etc.) and sources of income and livelihood inside the project corridor of impact (COI) are recorded. Assets are identified, measured, their owners recorded, the exact location pinpointed, and replacement costs calculated. Additionally, the severity of impact to the affected assets and the severity of impact to the livelihood and productive capacity of AHs will be determined.

Involuntary Resettlement

– This involves the displacement of people from their land, homes, assets, sources of income and employment on account of the Project. Involuntary resettlement in the context of the present project is extremely unlikely. The project will seek to mitigate any and all adverse impacts on AH property and/or livelihoods, including providing compensation, relocation (where relevant), and rehabilitation as needed.

Land Acquisition – Refers to the process whereby an individual, household, firm or private institution is compelled to relinquish all or part of the land s/he/it owns or agrees to grant land to government for public purpose in return for compensation at replacement cost.

Rehabilitation – This refers to additional support provided to AHs losing productive assets, incomes, employment or sources of living to supplement payment of compensation for acquired assets, in order to improve or at least restore the living standards of the AH. This term is synonymous with “Income Restoration”. Rehabilitation measures are provided in the entitlement matrix as an integral part of the entitlements.

Relocation – This is the physical displacement of an AH from her/his pre-project place of residence and/or business.

Replacement Cost – Refers to cost of replacing lost assets. It comprises the value of the asset before displacement without depreciation, deductions of taxes, and costs of transaction.

Replacement Cost Study

– This refers to the process involved in determining replacement costs of affected assets based on empirical data during the implementation of resettlement plans (RPs).

Resettlement Plan – This is a time-bound action plan with objective of ensuring that living standards of AHs are re-established. It sets out compensation and resettlement strategies, objectives,

entitlement, actions, budget, responsibilities, and M&E. Resettlement Effects

– Resettlement Effects mean all negative situations directly caused by the project including loss of land, property, income generation opportunity, and cultural assets.

Right-Of-Way – The right of way (ROW) is a government owned strip of land following a centerline (such as for roads, canals, etc.) providing an area of access.

Severely Affected Households

– This refers to AHs who will be (i) physically displaced from housing, or (ii) lose 10% or more of their total productive assets (income generating).

Significant Resettlement Effect

– For this project, Significant Resettlement Effect for each subproject means 200 persons or more experiencing ‘major’ impacts which are defined as: (i) Being physically displaced from housing, or (ii) Losing 10% or more of their total productive assets (income generating).

Vulnerable Groups

– These are distinct groups of people who might suffer disproportionately or face the risk of being further marginalized by the effects of resettlement. These include: (i) female headed households with dependents, (ii) disabled household heads with no means of support, (iii) households falling under the generally accepted indicators for poverty, (iv) children and elderly households who are landless and with no visible means of support, (v) landless households and (vi) Indigenous Peoples or ethnic minorities. The risk of being further marginalized or being suffered disproportionately will occur if those people have their primary structures affected or be severely affected by the project.

NOTES

In this report, "$" refers to US dollars. This resettlement framework 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.

TABLE OF CONTENTS I. INTRODUCTION .......................................................................................................... 1

A. Background .............................................................................................................. 1

B. Impact, Outcomes and Outputs ............................................................................... 1

C. Scope and Nature of Land Acquisition and Resettlement Impacts ............................ 1

D. Rationale for a Resettlement Framework ................................................................. 2

II. LEGAL AND POLICY FRAMEWORK ........................................................................... 3

A. Resettlement Framework and Resettlement Plans .................................................. 3

B. Subproject Screening and Categorization ............................................................... 3

C. Project Principles and Objectives ............................................................................ 4

D. Applicable Cambodian National and Local Laws, Regulations, and Policies ........... 4

E. ADB Resettlement Related Policies ........................................................................ 7

F. Reconciliation of Government and ADB Policies ..................................................... 9

III. RESETTLEMENT PLANNING AND IMPLEMENTATION ............................................11

IV. CONSULTATION, PARTICIPATION AND DISCLOSURE ...........................................17

V. LAND ACQUISITION, RESETTLEMENT AND COMPENSATION POLICY .................18

A. Objectives ..............................................................................................................18

B. Project Policies and Principles ...............................................................................18

C. Principles for Affected Property Valuation ..............................................................19

D. Entitlements ...........................................................................................................20

E. Income Restoration ................................................................................................26

F. Gender ...................................................................................................................27

VI. GRIEVANCE REDRESS MECHANISM .......................................................................27

VII. INSTITUTIONAL ARRANGEMENTS AND IMPLEMENTATION .................................28

A. Project Management Structure ...............................................................................28

B. Organization for Land Acquisition, Resettlement and Compensation .....................29

VIII. BUDGET AND FINANCING .........................................................................................31

IX. MONITORING AND EVALUATION ..............................................................................31

A. Internal Monitoring and Evaluation 31

B. External Monitoring and Evaluation 32

ANNEX 1: SUB-PROJECT SCREENING FORM .................................................................33

ANNEX 2: OUTLINE OF A RESETTLEMENT PLAN ............................................................34

ANNEX 3: STANDARDIZED VOLUNTARY CONTRIBUTION CONSENT FORM .................38

ANNEX 4: BACKGROUND INFORMATION ABOUT AFFECTED HOUSEHOLD .................39

ANNEX 5: STANDARDIZED REPLACEMENT COST SURVEY REPORT ...........................43

ANNEX 6: SAMPLE SURVEY FORMS .................................................................................44

I. INTRODUCTION A. Background 1. Improving agricultural productivity, diversification, and managing irrigation systems and water resources are among major thrusts of the government’s National Strategy: Rectangular Strategy on Growth, Employment, Equity and Efficiency, Phase III. ADB’s Country Partnership Strategy (CPS), 2014–2018 also focuses on inclusive economic growth through physical infrastructure, agriculture and irrigation. 2. The Uplands Irrigation and Water Resources Management Sector Project (UIWRMSP) will support these objectives through enhanced agricultural and rural economic productivity providing increased efficiency of irrigation systems and improved management of water resources in uplands, areas away from the Tonle Sap Lake, in Kampong Thom and Battambang provinces. The project will complement the ongoing ADB Climate Resilient Rice Development Program (CAM 44321). 3. The project will (i) enhance the efficiency and climate resilience of irrigation systems, and (ii) improve water resource management by building the capacity of government agencies and of farmer water user communities (FWUCs) so that they can operate and manage the irrigation systems better. B. Impact, Outcomes and Outputs 4. The project impact will be inclusive economic growth through agriculture and irrigation, in line with phase 3 of the government’s Rectangular Strategy on Growth, Employment, Equity, and Efficiency for 2014–2018. The outcome will be water and agriculture productivity enhanced in the project areas. The project has two outputs: (i) enhanced efficiency and climate resilience of irrigation systems in the project areas; and (ii) improved water resource management. C. Scope and Nature of Land Acquisition and Resettlement Impacts 5. The project will focus on the improvement and/or rehabilitation of existing irrigation systems. This may involve activities such as replacing/construction of off-takes and gates, de-silting and/or widening irrigation canals and possible extension of irrigation networks. Although no resettlement impacts have been identified for the two core sub-projects, there exists the possibility that the development of additional sub-projects may entail the permanent loss of small areas of land, minor damage to structures, crops and trees, and temporary loss or disruption of the use of land or other assets caused by construction works and the movement of construction equipment and materials to and from work sites. 6. To avoid or minimize the potential land acquisition resettlement impacts from project activities, the implementing agencies will:

(i) Consider design alternatives, favoring those that minimize social impacts while meeting technical and financial requirements.

(ii) Remove from the list of potential subprojects those having outstanding social safeguards issues.

(iii) Where resettlement impacts are unavoidable, provide the financial and technical assistance to households as prescribed in this resettlement framework (RF).

(iv) Ensure adequate supervision of construction activities to follow the approved designs, and the Environmental Management Plan (EMP) for each subproject.

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7. Representative Subprojects. Based on the land acquisition and resettlement investigation of the two core subprojects, the potential impacts are as follows:

(i) Rehabilitation of Taing Krasaing Main Canal, Santuk District, Kampong Thom Province. This will involve (a) repair work to a weir, headworks and three sets of irrigation gates. All

associated activity will occur within existing canal land; (b) the reconstruction of existing regulators or the construction of new

regulators within the canal; (c) replacing four locally constructed pedestrian footbridges across the canal

with permanent structures; (d) lining the canal between km 13.8 and 18.5; and (e) rebuilding a section of the right side bank will occur between km 7.5 and

9.2 and the contractor will be required to provide in-fill from outside the project area. Existing access roads are sufficient to allow the passage of construction equipment.

There will be no requirement for permanent or temporary access to land. lf safeguard issues do arise under this subproject, the relevant agencies and local authorities will coordinate and deal with them in line with Cambodian laws and ADB's Safeguard Policy Statement (SPS, 2009).

(ii) Rehabilitation of Prek Chik Core Subproject, Rukhkiri District, Battambang Province. This will involve: (a) repair work to a weir which will involve replacing gates plus possibly

raising the height of the concrete structure; (b) repairs to headwork; (c) barrages within the canal to regulate water flow; and (d) the renewal or re-modeling of existing off-takes. All work will be done within existing right of way (ROW) and neither temporary nor permanent land acquisition will be necessary. If safeguard issues do arise under this subproject, the relevant agencies and local authorities al coordinate and deal with them in line with Cambodian laws and ADB's SPS (2009).

D. Rationale for a Resettlement Framework

8. This RF sets out the criteria for screening subprojects on their resettlement impacts and provides guidance in preparing Resettlement Plans for eligible subprojects with insignificant resettlement impacts. It defines the objectives, principles, eligibility criteria and entitlements for affected households (AHs) based on (i) ADB’s SPS (2009) and (ii) the Government of Cambodia (government) legislation. It describes entitlements and compensation and assistance, participation and consultation procedures and grievance redress mechanisms that will be employed to compensate AHs. It also outlines the procedure to assist AHs through the process of resettlement in order to enable them to attain an equivalent or better living standard than they had before the project. It also sets out the steps for the preparation of resettlement plans (RPs) for any component or subproject that involves involuntary resettlement and/or effects on land, property or livelihood. 9. The government’s relevant regulation and legal framework and the ADB’s Involuntary Resettlement Policy, Social Safeguards and related Operational Manuals define the project’s context for the planning and implementation of land acquisition, resettlement and compensation for affected assets and lost income, including measures for ensuring that AHs are able to restore their standards of living to at least pre-project levels.

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10. If there is any gap or inconsistencies between the government laws, regulations and procedures relating to land acquisition and involuntary resettlement and ADB’s SPS (2009), then they will be filed and addressed as per this agreed RF.

II. LEGAL AND POLICY FRAMEWORK

A. Resettlement Framework and Resettlement Plans

11. This RF for UIWRMSP has been prepared to meet the requirements for the implementation of a sector development program. The RF will be applied to all subprojects where there will be insignificant land acquisition and/or resettlement. The RF presents the specific policies and guidelines to govern the project’s process for land acquisition and resettlement. The RPs will be prepared based on this approved RF. 12. Feasibility studies will be prepared for all subprojects in the participating provinces and their districts including RPs for those subprojects with potential resettlement implications that are not significant. Measures will be included in subproject RPs to ensure that affected vulnerable households are able to participate fully in, and benefit equally from, the subproject. Should involuntary resettlement impacts involve Indigenous Peoples or ethnic minorities, a combined Indigenous Peoples Plan and RP can be formulated to address both involuntary and Indigenous Peoples issues. 13. Further, socioeconomic baseline surveys (SEBS) of affected and benefitting villages of the subprojects shall be conducted and their findings and results documented in separate stand-alone reports. In addition to the SEBS, a socioeconomic survey (SES) of all potentially AHs will be undertaken to provide baseline data and such data will be incorporated in RPs. The SEBS will be undertaken during the preparation of each subproject feasibility study once concept designs have been finalized. The SES will be done during RP preparation. B. Subproject Screening and Categorization

14. Under ADB safeguard review procedures, a screening of subprojects aims at determining the significance of potential impacts or risks with respect to involuntary resettlement, identifying the level of assessment and institutional resources required to address identified safeguard issues and determining the information disclosure and consultation requirements. 15. Concerning involuntary resettlement, ADB categories shall be applied depending on the significance of probable related impacts. The government is aware of the policy of ADB that requires the review and approval by ADB of RPs for subprojects as a precondition for appraisal of the same. 16. The subproject selection criteria should minimize land acquisition and involuntary resettlement. Any impacts noted during feasibility studies and detailed design will be minimized by comparing technical design alternatives and alternatives in construction methods. The subproject selection criteria excludes Category A subprojects or subprojects with significant involuntary resettlement impacts. 17. The implementing agency will screen subprojects during subproject selection stage. The Project will adopt ADB’s classification system to reflect the significance of a subproject’s

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potential involuntary resettlement impacts. Subprojects will be classified into the following categories:

(i) Category A. A proposed subproject is likely to have significant involuntary resettlement impacts meaning, 200 or more persons will experience major impacts defined as (i) being physically displaced from housing or (ii) losing 10% or more of their productive or income generating assets;

(ii) Category B. A proposed subproject includes involuntary resettlement impacts that are not deemed significant; and

(iii) Category C. A proposed subproject has no involuntary resettlement impact.

C. Project Principles and Objectives

18. The proposed investment in subprojects will be bound by the principles and conditions stated in the RF that will be approved by ADB and the Ministry of Economy and Finance (MEF). The principles and objectives are to ensure that all AHs will be compensated for their losses at replacement cost and provided with rehabilitation measures in order to assist them to improve, or at least maintain, their pre-project living standards and income earning capacity.

D. Applicable Cambodian National and Local Laws, Regulations, and Policies

19. Existing laws that govern land acquisition and resettlement in Cambodia, together with the ADB’s SPS (2009) shall govern the land acquisition and compensation of AHs under all subprojects where there will be land acquisition and/or resettlement. The legal and policy framework for addressing the adverse social impacts of any subproject or component of project is provided by ADB’s SPS (2009) and laws of the government.

20. The 1993 Constitution of Cambodia has established two governing principles pertaining to land acquisition. Article 44 states that: All persons, individually or collectively, shall have the right to ownership. Only Khmer legal entities and citizens of Khmer nationality shall have the right to own land. Legal private ownership shall be protected by law. The right to confiscate properties from any persons shall be exercised only in the public interest as provided for under the law and shall require fair and just compensation in advance.

21. The 2001 Land Law. The rights to land and property in Cambodia are governed by the 2001 Land Law, which is primarily based on the provisions of the 1993 Constitution. It defines the scope of ownership of immovable properties, such as land, trees and fixed structures. The Land Law, Article 5, states that “No person may be deprived of his ownership, unless it is in the public interest. Any ownership deprivation shall be carried out in accordance with the governing procedures provided by law and regulations, and after the payment of fair and just compensation in advance.” Other provisions of the Land Law that are relevant to land acquisition, compensation and resettlement are:

(i) Legal possession is the sole basis for land ownership as defined by law, and all transfers or changes of rights of ownership shall be carried out in accordance with the required general rules for sale, succession, exchange and gift or by court decision. (Article 6);

(ii) Any regime of ownership of immovable property prior to 1979 shall not be recognized. (Article 7);

(iii) Article 15 states that "the following properties are included as public properties of state and public legal entities: a) any property that has a natural origin, such as forests, courses and banks of navigable and floatable rivers or natural lakes and seashores; b) that is made available for public use such as quays of harbors,

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port, railways, railways station and airports; or, c) any property which is made available, either in its natural state or after development, for public use such as roads, tracks, oxcart ways, pathways, gardens or public parks and reserved lands;

(iv) Article 18 states that "the following are null and void and cannot be made legal in any form whatever: (a) any entering into possession of public properties of State and public legal entities and any transformation of possession of private properties of State into ownership rights that was not pursuant to the legal formalities and procedures that have been stipulated prior to that time, irrespective of the date of creation of possession or transformation; (b) any entering into possession of private properties of State, through any means, that occurs after this law comes into effect;”

(v) Article 19 states that "any persons whose land title or factual circumstance fall within the scope of Article 18 of this law shall not have the right to claim compensation or reimbursement of expenses paid for the maintenance or management of immovable property that was illegally occupied;”

(vi) Any illegal and intentional of fraudulent acquisition of public properties of state or of public legal entities shall be penalized pursuant to Article 259 of this law;

(vii) The penalties shall be doubled where any occupation of public properties cause damages or delay to works undertaken in the general interest, especially the occupation of roadway reversed land;"

(viii) Ownership of immovable properties described in Article 25 is granted by the state to indigenous minorities1 as collective ownership. This collective ownership includes all of the rights and protections as enjoyed by private owners. The exercise of collective ownership rights shall be subject to the responsibility of traditional authorities and decision-making mechanisms of the indigenous community, according to their customs and subject to the laws of general enforcement related to immovable property such as the law on environmental protection. (Article 26);

(ix) Persons with legally valid possession of land for five years (at the time the law came into effect) are allowed to be registered as the owner of the land (Article 30). Persons who (at the time the law came into effect) held legal possession but had not yet completed the five years are allowed to remain in possession until they are eligible to be registered as the owner. (Article 31);

(x) Any beginning of occupation for possession shall cease when this law comes into effect (Article

(xi) After this law comes into force, any new occupant with title to an immovable property belonging to the public bodies or private persons shall be considered as illegal occupant and shall be subject to the penalties provided in Article 259 of this Law (Article 34);

(xii) Article 38 states that "in order to transform into ownership of immovable property, the possession shall be unambiguous, non-violent, publically known, continuous and in good faith;" and

(xiii) Landless people may apply for land for residential and subsistence farming purposes at no cost, as part of a social land concessions scheme. The

1 As per Article 23 of the Land Law, “An indigenous community is a group of people that resides in Cambodia whose

members manifest ethnic, social, cultural and economic unity and who practice a traditional lifestyle, and who cultivate the lands in their possession according to the customary rules of collective use.

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concessionaire may obtain ownership of this land after fulfilling conditions set out in a separate Sub-Decree on Social Land Concessions. (Articles 50, 51).

22. The Expropriation Law (February 2010) defines the procedures for acquiring private property for the national or public interest.

(i) Article 2: the law has the following purposes: (a) ensure reasonable and just deprivation of a legal right to ownership of private property; (b) ensure payment of reasonable and just prior compensation; (c) serve the public and national interests; and (d) further the development of public physical infrastructure;

(ii) Article 7: Only the state may carry out an expropriation for use in the public and national interest;

(iii) Article 8: The state shall accept the purchase of the remaining part of real property left over from an expropriation at a reasonable and just price at the request of the owner of land/or the holder of rights in the expropriated real property, if he is no longer able to live near the expropriated scheme or build a residence or conduct any business; and

(iv) Article 22: Stipulates the amount of compensation to be paid to the owner of and/or holder of rights in the real property, which is based on the market value of the real property or the replacement cost as of the date of the issuance of the Prakas 2 on the expropriation scheme. The market value or the replacement cost shall be determined by an independent commission or agent appointed by the expropriation committee.

23. Other Relevant Policies. The private ownership of land was re-established in 1989, and confirmed in 2001. The Land Law (Article 4) enables Cambodians to register the land they occupy with the local Cadastral Administration Office, whereupon a certificate of land title is granted. Issuing land titles is a lengthy process and most offices have a major backlog of applications. People are given a receipt and until the official title deed is issued, this receipt is accepted as a proof of real occupant of the land for land purpose or sale. 24. Prakas No. 6, entitled “Measures to Crack Down on Anarchic Land Grabbing and Encroachments” establishes the treatment of ROWs. In support of this Prakas, MEF, on 6 April 2000, issued Decree No. 961 prohibiting compensation for structures and other assets located in the ROWs. Another Sub-decree No 197 on Road, Railway ROW prepared by the Ministry of Public Works and Transport was also approved by the government in 2009. The ROW dimensions under Prakas No. 06 and the Sub-decree are in Table 1.

Table 1: Roads and Railways ROW Dimensions

Road Category ROW Dimensions under Prakas No. 06

ROW Dimensions under Subdecree N0. 197

NR 1, 4, and 5 30 m from the centerline 30 m from the centerline Other 1-digit NRs 25 m from the centerline 30 m from the centerline 2-digit NRs 25 m from the centerline 25 m from the centerline Provincial roads 20 m from the centerline not specified Commune roads 15 m from the centerline not specified Railway outside city, province and crowned place

30 m from the centerline 30 m from the centerline

Railways in forest area 100 m from the centerline 100 m from the centerline ROW = right of way

2 A “Prakas” is a ministerial or intra-ministerial decision signed by the relevant minister(s). A parkas must conform to the Constitution and to the law or sub-decree to which it refers.

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25. The ROW for the river canal and other irrigation systems is provided in the Subdecree No. 98 dated 24 July 2015 on the management of the river basin. 26. Sub-Decree on Social Land Concession, March 2003. This provides for allocations by the State for private land for the purposes of the alleviation of landlessness and poverty, including the replacement of land lost in the context of involuntary resettlement.

27. Circular No. 02 dated on 26 February 2007 states clearly that (i) illegal occupant of state land has no right to compensation and can be punished in accordance to the land law 2001, and (ii) illegal occupant who are poor, landless and part of vulnerable group can be provided a plot of land. 28. MEF Circular No. 006 on the Resettlement Implementation Procedure for development projects dated on 2 April 2014. This new circular instructed clearly the administrative management and role and responsibility of all relevant implementing agency and provinces in implementing the resettlement for development project.

E. ADB Resettlement Related Policies

1. Safeguards Policy Statement (2009)

29. The objectives of the ADB’s SPS (2009) are: (i) To avoid impacts on people and the environment, where possible; (ii) Where avoidance is not possible, minimize, mitigate, or compensate for adverse

project impacts on the environment and the affected people; and (iii) Help the executing agency strengthen its safeguard system.

30. ADB’s SPS (2009) policy principles for involuntary resettlement are:

(i) Screen the project early on to identify past, present, and future involuntary resettlement impacts and risks. Determine the scope of resettlement planning through a survey and/or census of AHs, including a gender analysis, specifically related to resettlement impacts and risks.

(ii) Carry out meaningful consultation with AHs, host communities, and concerned non-government organizations. Inform all displaced persons of their entitlements and resettlement options. Ensure their participation in planning, implementation, and monitoring and evaluation of resettlement programs. Pay particular attention to the needs of the vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, and Indigenous Peoples, and those without legal title to land, and ensure their participation in consultations. Establish a grievance redress mechanism to receive and facilitate resolution of the affected persons ‘concerns. Support the social and cultural institutions of displaced persons and their host population. Where involuntary resettlement impacts and risks are highly complex and sensitive, compensation and resettlement decisions should be preceded by a social preparation phase.

(iii) Improve, or at least restore, the livelihoods of all AHs through (a) land-based resettlement strategies when affected livelihoods are land based where possible or cash compensation at replacement value for land when the loss of land does not undermine livelihoods, (b) prompt replacement of assets with access to assets of equal or higher value, (c) prompt compensation at full replacement cost for assets that cannot be restored, and (d) additional revenues and services through benefit sharing schemes where possible.

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(iv) Provide physically and economically AHs with needed assistance, including the following: (a) if there is relocation, secured tenure to relocation land, better housing at resettlement sites with comparable access to employment and production opportunities, integration of resettled persons economically and socially into their host communities, and extension of project benefits to host communities; (b) transitional support and development assistance, such as land development, credit facilities, training, or employment opportunities; and (c) civic infrastructure and community services, as required.

(v) Improve the standards of living of the displaced poor and other vulnerable groups, including women, to at least national minimum standards. In rural areas provide them with legal and affordable access to land and resources, and in urban areas provide them with appropriate income sources and legal and affordable access to adequate housing.

(vi) Develop procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlement.

(vii) Ensure that AHs without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of non-land assets.

(viii) Prepare an RP elaborating AH’s entitlements, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and a time-bound implementation schedule.

(ix) Disclose a draft RP including documentation of the consultation process, in a timely manner before project appraisal, in an acceptable place and in a form and language(s) understandable to AHs and other stakeholders. Disclose the final RP and its updates to AHs and other stakeholders.

(x) Conceive and execute involuntary resettlement as part of a development project or program. Include the full costs of resettlement in the presentation of project’s cost and benefits. For a project with significant involuntary resettlement impacts, consider implementing the involuntary resettlement component of the project as a stand-alone operation.

(xi) Pay compensation and provide other resettlement entitlements before physical or economic displacement. Implement the RP under close supervision throughout project implementation.

(xii) Monitor and assess resettlement outcomes, their impacts on the standards of living of AHs, and whether the objectives of the RP have been achieved by taking into account the pre-project baseline conditions and the results of resettlement monitoring. Disclose monitoring reports.

2. Policy on Indigenous People (2009)

31. The objective of ADB Policy on Indigenous Peoples in its SPS (2009) is to design and implement projects in a way that fosters full respect for indigenous peoples’ identity, dignity, human rights, livelihood systems, and cultural uniqueness as defined by the indigenous peoples themselves so that they (i) receive culturally appropriate social and economic benefits, (ii) do not suffer adverse impacts as a result of projects, and (iii) can participate actively in projects that affect them. 32. Indigenous peoples often have traditional land rights but no formal titles. Any project with the potential to involve involuntary resettlement impacts among indigenous peoples will need to collect detailed information on their land-use economic activities, and social organizations, in

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order that a culturally appropriate indigenous peoples plan is developed in full consultation with affected indigenous peoples.

3. Policy on Gender and Development (1998, 2006)

33. The ADB policy on Gender and Development (1998, 2006) adopts gender mainstreaming as a key strategy for promoting gender equity by ensuring women’s participation and that their needs are explicitly addressed in the decision-making process for development activities. The needs of women affected by involuntary resettlement are likely to be different from those of men, particularly in terms of social support, services, employment, and livelihood. The relocation process should take account of gender-specific details such as the difficulties women may face in re-establishing markets for home-manufactured projects or trading activities because of lack of literacy or transport. 34. Female heads of households are eligible for the same benefits as male household heads but may require special attention because they lack the education, skills and resources necessary to take full advantage of the benefits and opportunities offered under involuntary resettlement. 35. For projects that have the potential to have substantial gender impacts, a gender action plan (GAP) is prepared to identify strategies to address gender concerns and the involvement of women in the design, implementation and monitoring of UIWRMSP.

F. Reconciliation of Government and ADB Policies

36. The resettlement policy of RGC as determined in RGC’s law and regulation is applied to all projects. However, projects supported by external agencies are governed by the resettlement policies of the donors and RGC laws and regulations. Where gaps or inconsistencies are noted between the government’s laws, regulations and procedures relating to land acquisition and involuntary resettlement and ADB’s SPS (2009), they will addressed as agreed in this approved RF. An overview of ADB resettlement policy application in Cambodia is given in Table 2. 37. In addition to those general aspects, Table 3 list some specific land acquisition, resettlement and compensation (LARC) related topics and items. They aim at compensation and resettlement assistance to persons affected by the project. The government accepts the Project’s resettlement component as an initiative for more social safeguards related to the rights of project affected citizens in respect of their livelihoods, possessions and living standards, so that they are not made worse off due to the proposed project. However, AHs living in public or state land will not be paid compensation for lost land. If these AHs are otherwise landless (including land in other places), the AH shall be entitled to receive a plot of land in a resettlement site at no cost, including basic facilities (i.e. water supply or pumping, electricity connection if available in the area, drainage and sewerage, toilet, etc.).

Table 2: General Application of ADB Resettlement Policies ADB Policies ADB Policies Applied in Cambodia

The ADB’s Involuntary Resettlement Policy is applied to all development projects resulting in(i) loss of productive assets, including land, income and livelihood; (ii) loss of housing, possibly entire community structure, systems, and service; (iii) loss of other assets; loss of

ADB’s Involuntary Resettlement Policy is being applied to ADB financed projects in Cambodia together with Cambodia laws and regulations.

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ADB Policies ADB Policies Applied in Cambodia

community resources, habitat, cultural sites, and goods.

Involuntary resettlement should be avoided where feasible.

Involuntary resettlement has been avoided as much as possible through consideration of alternative project locations and narrowing irrigation ROWs to a designated corridor of impact and realigning the corridor of impact.

Where population displacement is unavoidable, all viable project options should be explored to minimize displacement

Various project options (e.g. bypass road design) have been explored to minimize displacement to as few households as possible.

People unavoidably affected 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.

Land-for-land is offered in some cases, though not all AHs who lost land have been allocated a relocation site. Cash compensation for affected house, trees and other structures and privately owned land. Additional assistance is given to female headed, disabled, elderly, and very poor households. Some rehabilitation assistance will be given for severely and vulnerable AHs.

Existing social and cultural institutions of resettlers and their hosts should be supported and used to the greatest extent possible, and resettlers should be integrated economically and socially into host communities.

The existing social and economic situations of the AHs and their hosts have, in some cases, been supported, but not consistently applied.

The full cost of resettlement and compensation should be included in the presentation of project costs and benefits.

Compensation costs are budgeted in projects funded by ADB. It is not possible to determine if this is consistently applied in nonbank-funded projects.

AHs without titles to land or any recognizable legal rights to land and residing in the project affected area before cut-off date are eligible for resettlement assistance and compensation for loss of non-land assets.

All AHs without any discrimination whether or not land is owned are eligible for resettlement assistance and compensation for loss of non-land assets. Particular focus on improving the standards of living of the displaced poor and other vulnerable groups, including women.

ADB = Asian Development Bank, AH = affected household

Table 3: Project-specific Key Components of LARC

Key Issues State Legislation ADB Policy Project Policy

Eligibility for Compensation and assistance does not include affected households without land title

Illegal occupants are not entitled to compensation due to violation on state land; or if they have constructed without permit or have encroached on demarcated land for right of way.

Those without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of non-land assets. Improve the standards of living of the displaced poor and other vulnerable groups, particularly women.

All affected households without any discrimination whether or not land is owned are eligible for resettlement assistance and compensation for loss of non-land assets. Particular focus on improving the standards of living of the displaced poor and other vulnerable groups, including women.

Voluntary Deed It is governed by civil Not covered in ADB’s The voluntary Deed of

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Key Issues State Legislation ADB Policy Project Policy

of Donation code. Not compensated for portion of land donated for the sub-project.

Safeguard Policy Statement (2009).

Donation will be covered by the Cambodian civil code.

Land Valuation Compensation at replacement cost is defined in the 2010 Expropriation Law. Present practice, the compensation rate is determined by the replacement cost study conducted by the independent and qualified experts.

Bank’s policy requires qualified and experienced experts will undertake valuation of acquired assets.

An independent agency specialized in property appraiser will be engaged to conduct replacement cost study during the detailed measurement survey for the project which will be used for compensation.

III. RESETTLEMENT PLANNING AND IMPLEMENTATION 38. This RF provides the basis for all LARC requirements. Subprojects will be reviewed for LARC related items and aspects during the different subproject phases as detailed below.

A. Stage 1: Subproject Selection Process

39. Using the screening form in Annex 1, all potential subprojects will be screened and categorized before finally being proposed as subprojects of this project. The selection process will exclude subprojects with significant resettlement impacts (Category A). Only subprojects with insignificant resettlement impacts (Category B) or no resettlement impacts (Category C) will be eligible under the Project. Category C subprojects need not go through the succeeding steps discussed below.

B. Stage 2: Feasibility Study

40. The LARC related planning stage of a subproject feasibility study will produce a preliminary RP based on initial surveys and policy requirements in the approved RF. An RP shall be prepared for each subproject and shall follow the table of content as outlined in ADB’s SPS (2009):3

(i) Executive Summary

(ii) Project Description

(iii) Scope of Land Acquisition and Resettlement (iv) Socioeconomic Information and Profile

(v) Information Disclosure, Consultation, and Participation

(vi) Complaints and Grievance Redress Mechanisms

(vii) Legal Framework

(viii) Entitlements, Assistance and Benefits

(ix) Relocation of Housing and Settlements

(x) Income Restoration and Rehabilitation

(xi) Resettlement Budget and Financing Plan

(xii) Institutional Arrangements

3 The full contents of a resettlement plan are detailed in Annex 2.

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(xiii) Implementation Schedule

(xiv) Monitoring and Reporting

41. After the Inter-ministerial Resettlement Committee (IRC) approves the RP submitted by the implementing agency, it will be submitted to ADB for approval. The RP shall be prepared based on the detailed measurement survey (DMS),4 replacement cost study (RCS) and the approved RF, and submitted to ADB for final approval. The final RP will be implemented after approval and construction can be started in areas where compensation has been paid.

1. Selected Tasks for Preliminary Resettlement Planning

42. Resettlement planning will run in parallel with other disciplines during the feasibility study and LARC related activities will be performed as follows:

1. Infrastructure Planning and Design

43. The engineers will prepare initial layouts for proposed rehabilitation of existing and/or construction of new infrastructure. These will be the basis for the technical and physical planning of rehabilitation and construction works under the proposed subproject. During the preparation of such design options, feedback during site visits can be collected from residents of the subproject’s villages. These pre-feasibility designs have to be reviewed for potential land acquisition and resettlement impacts of the proposed subproject scope. The subproject physical design at feasibility level can then be refined to avoid or minimize, as far as possible, the resettlement impacts and effects of the proposed subproject’s rehabilitated and/or new infrastructure.

b. Initial Consultation with Potentially Affected Households

44. The initial consultation serves a number of purposes. In general, the villages in the subproject area have to be informed about the project and subproject regarding its overall objectives and goals, but it also informs them that their participation will be sought during the design stage in order to incorporate their interests and preferences in the feasibility study. 45. With regard to LARC aspects, potential effects on compensation and resettlement of the subproject will be brought up for discussion in a meeting with the community and relevant farmers who would be affected by the proposed rehabilitation or construction of infrastructure under the subproject. The meeting will seek to clarify: (i) the justification of the proposed subproject rehabilitation or construction works considering the anticipated resettlement impacts; (ii) mitigation measures to restore the AHs’ livelihoods and standard of living; and (iii) assistance from the community or the district administration to plan, agree and implement the mitigation and support measures for AHs of their communities. The consultations should also cover the communes’ and villages’ views on measures to mitigate the anticipated impacts including compensation.

c. Inventory of Losses

46. Potential impacts of subprojects are determined through inventory of losses (IOL) surveys and a census of all households potentially directly or indirectly affected by permanent acquisition of fixed assets. These are conducted in parallel with the LARC’s SES. The IOL

4 As per approved detailed engineering design of the subproject.

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collects both quantitative and qualitative data and information on compensation and resettlement, based on visual assessment and information collected from the community and potential AHs. 47. The IOL covers all fixed assets (i.e. land used for residence, commerce, agriculture including ponds; dwelling units; stalls and shops; miscellaneous structures such as fences, tombs, and wells; trees with commercial value; crops; etc.), which are located in the subproject construction area (e.g. the corridor of impact (COI) for irrigation subprojects). These will be identified, tagged, measured and their owners identified. The severity of impact on the affected assets and the severity of impact to the livelihood and productive capacity of persons affected by such losses will also be determined. Information on the AHs, such as sources of livelihood, income level, and ownership of productive assets will also be gathered as part of the IOL. 48. The announcement of the subproject and the IOL will also signify the cut-off-date for eligibility. AHs will be informed of the cut-off-date in prior consultations and information will be included in materials disclosed. The IOL has to be conducted by staff of the provincial departments of water resources and meteorology (PDWRAMs) and local authorities with support of village representatives and in collaboration with the feasibility study consultants. 49. The IOL undertaken at feasibility study stage of subproject preparation will be updated based on the DMS once precise engineering and other designs have been developed.

d. Socioeconomic Survey of Potentially AHs

50. Socioeconomic information of AHs will be obtained through a SES. The SES will serve as a referenced baseline of AH’s living conditions and will form part of the monitoring and evaluation data that will assess the extent to which the measures in RPs are effective in mitigating land acquisition and resettlement impacts. The SES has to be conducted by the project management and implementation consultants (PMICs) in cooperation with staff of PDWRAM and local authorities with support of village representatives and in collaboration with the feasibility study consultant. 51. The SES shall be conducted in parallel with the IOL survey so that the IOL and survey of potentially AHs will constitute the social assessment and the SES will include gender disaggregated data. The SES is carried out in addition to the SEBS, which provides the baseline data and information on the affected and benefitting villages of subprojects. The SES should include the socioeconomic data of the AHs and a record of accurate measurements of type and level of loss. ADB's Involuntary Resettlement Good Planning Sourcebook (2012) suggests the following data to be collected:

(i) Data on AHs (a) demographic (household composition by age, gender, relationship,

ethnicity, (b) education levels); (c) social (corporate groups such as family, lineage, clan, community, and

non-corporate such as caste, class, ethnic, religious groups); (d) income and assets (individual, corporate, or collective incomes as well as

ownership of land, livestock, fishing boats, shops, wood lots, among households) as well as expenditures;

(e) occupation (farmers, teachers, shopkeepers, artisans, laborers, transporters, students, spiritual leaders, etc.);

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(f) access to public services (health care, water supply and sanitation, education, transport, etc.);

(g) gender roles and issues; and (h) attitudes and preferences on resettlement.

(ii) Data on Land and Area (a) Map of the area and villages affected by land acquisition; (b) Total land area acquired for the proposed project; (c) Land type and land use; (d) Ownership, tenure and land-use patterns; (e) Land acquisition procedures and compensation; (f) Existing civic facilities and infrastructures; and (g) Cultural systems and sites.

52. The LARC related SES covers all potential AHs. However, the overall SEBS including gender and indigenous people of villages in the subproject area is separately carried out by a different feasibility study component. The same concerns initial environmental examinations. C. Stage 3: Detailed Design (Tendering)

1. Content of the Final Resettlement Plan

53. The items to be summarized and the essential elements and objectives, policies and strategies as prepared in the feasibility study remain the same, but will incorporate updated information based on the detailed engineering design and DMS. The outline of this RP remains the same.

2. Selected Tasks for Resettlement Preparation

54. The resettlement preparation will run in parallel with the detailed design preparation. The LARC related activities have to be performed and completed at this stage. The preparation of the RP will involve the following tasks:

55. Tender Design. The subproject’s RP will be prepared and finalized based on the approved RF, DMS and the RCS after the completion of the detailed design for each subproject. A final review of design adjustments will take place to incorporate possible modifications in the engineering and design and also last adjustments in land requirements and acquisition. This will permit the final LARC related preparation to be limited only to those households finally affected by the subproject through land acquisition.

56. Consultation with AHs. Before the commencement of the DMS, consultations with displaced persons shall take place. The RCS shall also be conducted during the DMS. The working group (WG) under the lead of IRC will conduct negotiations with each AH to reach agreement on compensation, relocation, and livelihood improvement program that are in accordance with this RF and make contract with each AH.

57. Detailed Measurement Survey. A plan of infrastructure to be rehabilitated and/or constructed will be prepared and used as a basis for detailed topographical surveys. Depending on the availability of data and information of the infrastructure, the IRC-working group together with the PRSC-working group can carry out the DMS under the lead of the IRC. The Program Management Unit (PMU) will help coordinate this task with the detailed design and supervision consultant. It will also have an internal monitoring role.

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58. The DMS will collect additional data to verify the details on affected people and relevant information, which are presented in the final RPs. The DMS will survey 100% of AHs and collect data required to verify the details of AHs for finalizing the RP, including details on:

(i) Land ownership. (ii) Total landholdings and tenure. (iii) Land, structures and other assets entirely or partially affected by land acquisition

for the subproject. (iv) Types and conditions of affected structural buildings. (v) Number and types of trees and crops. (vi) Income losses and proportion of total productive income lost. (vii) Category of affected people i.e. nature of assistance to which APs are entitled.

59. Conducting the DMS is a major part of preparing and finalizing the RP. Updating the feasibility study, RPs have to reflect the DMS results of AHs and the RCS. The RP will include the cost estimates. The final RP will be submitted to IRC and ADB for review and approval. Land acquisition, compensation and relocation of AHs cannot begin before the approval of the final RP by IRC and ADB.

60. Replacement Cost Study. Based on the RGC regulations, the IRC will recruit a professional appraiser or firm to conduct an RCS in the subproject areas during the DMS in order to determine compensation rates reflecting current market prices for (i) agricultural, residential and commercial land; (ii) different types of affected structures; and (iii) crops and trees. The RCS in the subproject areas is valid for 2 years and will be updated 2 years after the completion of DMS if the compensation and/or assistance are not provided to the AH. The RCS results will be the basis for estimating resettlement costs.

3. Selected Tasks for Resettlement Implementation

61. The implementation of the approved RP will involve the tasks outlined below, but also tasks as indicated for the construction phase and in the ‘Grievance Redress Process’ and ‘Monitoring and Evaluation’ chapters. The construction work cannot be started in the area where the compensation and/or assistance are not provided to the AH.

62. Compensation Payment. After signing contract with Affected People, the Provincial Department of Economy and Finance (PDEF) through PSRC will request compensation budget. Then, IRC working group in coordination with PRSC working group will make compensation payments to AHs. An external monitor to be recruited by IRC will observe this activity. 63. Relocation. Relocation of potential AHs is not anticipated. 64. Livelihood Restoration. Livelihood restoration will be implemented by a consulting firm/NGO to be recruited by IRC as part of RP implementation. The PRSC and PMU resettlement officer will oversee and monitor the implementation. Some livelihood restoration activities may carry over until subproject implementation.

D. Stage 4. Construction 65. Consultations with AHs shall be a continuous process during the DMS, signing contract, and payment. These will also be evaluated through monitoring and evaluation (M&E) activities.

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E. Stage 5. Commissioning 66. LARC related impact and benefit M&E will be carried out during the term of M&E contract because additional impacts may occur during construction stage.

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IV. CONSULTATION, PARTICIPATION AND DISCLOSURE 67. Public consultation, participation and disclosure activities form a continuous process during the study, implementation and operation phases. The Public Information Booklet will be prepared and disclosed to the AH during public consultation before DMS. The consultation activities will ensure that:

(i) Consultation takes place early and happens continuously throughout the duration of the project in order to ensure that APs are fully informed.

(ii) Information is relevant and disclosed in a timely manner. Such information should cover the (a) nature of the project, (b) the scope of and reason for land acquisition, (c) the resettlement objectives and entitlement matrix (detailed provisions to be negotiated), (d) the choices available regarding the future, (e) the right of the displaced to participate in resettlement planning and implementation, and (f) the grievance mechanisms to be put in place.

(iii) There should be no intimidation or coercion of APs. (iv) Consultation should be gender-inclusive and tailored to the needs of the

disadvantaged and vulnerable. (v) All relevant views should be considered in the decision making process.

68. Principles to Apply. Public consultation is an approach for managing dialogue between the project proponent and the public and is undertaken to improve decision-making and understanding through active involvement of affected individuals and groups. Community consultation largely focuses on the different activities involved in resettlement planning. It includes, but is not limited to:

(i) Project information, (ii) AH entitlements, (iii) Grievance process, and (iv) Project implementation schedule.

69. Consultation promotes the involvement of affected households in project planning and implementation. Community consultation should include the following main features:

(i) Access to information: adequately and timely access to subproject information for all.

(ii) Accountability: relevant committees and WGs should be procedurally and regularly answerable to villagers being affected.

(iii) Conflict management: conflicting interests between different groups of stakeholders require a mediating and facilitating component within the consultation strategy.

(iv) Transparency: all subproject activities to be publicly visible including the decision-makings.

70. People affected through land acquisition and/or construction work by the subproject have to be involved in resettlement and compensation planning through consultation at village and household levels during the preparation of the RPs. Consultation regarding potential mitigation measures for resettlement requirements the during study and implementation phases increases the chances for a collaborative understanding between involved governmental staff and villagers.

71. Public consultation will focus on (i) project benefits (ii) scope of land acquisition, and land purchase (DMS), (iii) compensation policy, (iv) entitlement matrix, relocation and compensation schedule, and (v) grievance process.

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V. LAND ACQUISITION, RESETTLEMENT AND COMPENSATION POLICY A. Objectives

72. UIWRMSP has prepared this RF to lay out the purpose, principles, and procedures to be used in screening, planning, and implementing resettlement for any subproject or component of the Project with resettlement impacts. 73. The project’s entitlements, assistance and benefits presented below are governed by the laws and regulations of the RGC and ADB’s SPS (2009) and take into account the extent of losses incurred by AHs resulting from acquisition of assets. The objectives of this RF are to ensure that the following objectives are met:

(i) Adverse social and physical impacts of sub-projects are avoided, minimized, and or mitigated;

(ii) All AHs are provided with appropriate compensation and assistance for lost assets which will contribute to an improvement of, or at least maintain, their pre-project quality of life;

(iii) Nobody will be disadvantaged because of the Project; (iv) Improve, or at least restore the livelihoods of severely affected persons and

vulnerable AHs; (v) Assistance to vulnerable groups.

B. Project Policies and Principles

74. In order to achieve the above RF objectives, the project will adhere to the following policies and principles:

(i) Involuntary resettlement and impacts on land, structures and other fixed assets will be minimized where possible by exploring all alternative options;

(ii) Compensation will be based on the principle of replacement cost; (iii) All the AHs without any discrimination confirmed to be residing in, doing

business, or cultivating land or having rights over resources within the sub-project affected area or land to be acquired or used for sub-project during the conduct of IOL and census of AHs (prior to the cut-off date) are eligible for resettlement assistance and compensation for assets at replacement cost as specified in the entitlement matrix;

(iv) Meaningful consultation will be carried out with AHs, indigenous households, affected communities and concerned groups to ensure participation through from planning to implementation. The comments and suggestions of AHs and communities will be taken into account;

(v) The approved RF and RP will be disclosed to AHs and indigenous households in a form and language(s) understandable to them prior to submission to ADB;

(vi) Resettlement identification, planning and management will ensure that gender concerns are incorporated;

(vii) Provide all AHs requiring relocation with required support including assistance and allowances, secure tenure to the relocated land, and improve living conditions at resettlement sites;

(viii) Special measures will be incorporated in the RF/RP to protect socially and economically vulnerable groups;

(ix) Existing cultural and religious practices will be respected and, to the maximum extent possible, preserved;

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(x) Culturally appropriate and gender-sensitive social impact assessment and monitoring will be carried out at various stages of the project;

(xi) Adequate resources will be identified and provided during the preparation of the subproject RP, including sufficient budgetary support in a timely manner to cover resettlement costs within the agreed implementation period; and

(xii) Civil works will not take place for any segment of the sub-project, until (a) compensation has been fully paid to AHs; (b) agreed rehabilitation measures are in place, and (c) the acquired land is free from all encumbrances.

C. Principles for Affected Property Valuation

75. All compensation will be based on the principle of replacement cost. Replacement cost is the amount calculated before displacement, which is needed to replace an affected asset without deduction for depreciation, taxes and/or costs of transaction as follows:

(i) Productive Land (agricultural and aquaculture) based on actual current market prices that reflect recent land sales in the area, or, in the absence of such recent sales, based on recent sales in comparable locations with comparable attributes, fees and taxes or in the absence of such sales, based on productive value.

(ii) Residential land based on current market prices, which reflect recent land sales at the time of conducting the RCS, or, in the absence of such recent land sales, based on prices of recent sales in comparable locations with comparable attributes and fees and taxes for land.

(iii) Houses and other related structures based on actual current market prices of materials and labor without depreciation or deduction for salvaged building materials.

(iv) Annual crops equivalent to current market value of crops as per agreed RCS.

76. The overall objective of the project resettlement policy is to ensure that all people affected by the subprojects are able to maintain and, preferably, improve their pre-project living standards and income-earning capacity by providing compensation for the loss of physical and non-physical assets and, as required, other assistance and rehabilitation measures to re-establish affected livelihood. 77. For the proposed project and in support of the aforementioned objectives, the LARC major principles include but are not limited to:

1. Land Requirements and Acquisition

78. Acquisition of land and other assets, and resettlement of people will be avoided or minimized as much as possible by identifying possible alternative design and engineering options for subprojects. 79. There should be no land acquisition or site clearing along the corridor of impact in anticipation of a subproject.

80. No demolition of assets and/or entry to properties will be done until the AH is fully compensated and relocated.

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2. Eligibility

81. All the AHs identified in the project-impacted areas on the cut-off date (as validated and confirmed during the DMS), will be entitled to compensation and/or assistance for their affected assets as described in the section below. Those who encroach into the project area and build any new structure after the cut-off date will not be entitled to compensation or any other assistance.

3. Negotiated Settlements

82. The ADB-SPS on Involuntary Resettlement does not apply to negotiated settlements unless expropriation would result in the failure of negotiations. This RF recognizes the consultation processes, policies, and laws of RGC that are applicable to such transactions. 83. A negotiated settlement will offer adequate and fair price for land and/or other assets. The borrower/client will engage an independent external monitoring agency (EMA) to monitor the negotiation and settlement processes in order to ensure that any negotiations are open and fair.

4. Voluntary Land Contributions

84. Voluntary land acquisition for UIWRMSP can be applied following the principles below: (i) The subproject site is selected in full consultation with landowners and any non-

titled affected people. (ii) Land donations are linked directly to benefits for the HHs. (iii) Any voluntary donation will be confirmed through written record and verified by

an EMA. (iv) The grievance process is applied. (v) No donated HH will be displaced from housing. (vi) HHs who donate will directly benefit from the subproject. (vii) The voluntary land contributions donation forms will be appended to the

subproject’s RP. 85. In cases where livelihood sources are affected but are determined to be minor and the HHs do not want to receive compensation, the above principles will be applied. If impacts are severe (as determined through consultations with other Ahs), the compensation and options for assistance must be discussed with the HHs and presented in the RP. The HHs shall be automatically included in the compensation package and the income restoration program of the subproject.

D. Entitlements

86. Entitlements are related to the subproject resettlement principles, policies on compensation and other criteria. Compensation to be paid for affected assets will be based on the principle of replacement cost, which is the amount needed to replace an affected asset without depreciation and deduction for taxes and/or costs of transaction before displacement. The Entitlement Matrix is presented in Table 4 below.

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Table 4: Entitlement Matrix

No.

Type of Loss/Impact

Eligible Persons Entitlement Implementation Issues

1 Loss of Productive Land (agriculture, fishponds, etc.)

1.1 Marginal loss (i.e. land lost is less than 10% and is still economically viable for use or meets the expected yield).

Legal owners with legal or legalizable / recognized right; and those covered by customary rights.

Cash \compensation at replacement cost for the lost land.

1)-This loss will be confirmed and concurred with by the AH during the DMS, 2)-AHs will be notified 3 months in advance of the actual date that the land will be acquired by the subproject, and 3)-AHs will keep the land vacated within one month after receiving compensation.

Non-legal users. 1) No cash assistance for loss of land, and 2) Cash compensation at replacement cost for non-land affected assets.

1.2 Severe loss (i.e. lose 10% or more the total productive assets).

Legal owners with legal or legalizable /recognized right; and those covered by customary rights.

1) Cash compensation at replacement cost for the affected land, or land-for-land of equivalent productive value with secure tenure. 2) Entitled to take part in the income restoration program.

1)-This loss will be confirmed and concurred with by the AH during the DMS, 2)-AHs will be notified 3 months in advance of the actual date that the land will be acquired by the subproject, and 3)-AHs will keep the land vacated within one month after receiving compensation.

Non-legal users. 1) No cash assistance for loss of land. 2) Cash compensation at replacement cost for non-land affected assets. 2) Entitled to take part in the income restoration program.

2 Residential/Commercial Land

2.1 Marginal Loss (i.e. land is still economically viable for use or meets the expected personal yield).

Legal owners with legal or legalizable / recognized right; and those covered by customary rights.

Cash compensation at replacement cost.

1) This loss will be confirmed and concurred with by the AH during the DMS, 2) AH will be notified 3 month in advance of the actual date that the land will be acquired by the subproject, and 3) AHs will keep the land vacated within one month after receiving compensation.

Non-legal users. No cash assistance or compensation for land, except affected properties on the land.

3 Loss of Structures (house and shops)

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No.

Type of Loss/Impact


3.1 Marginal impact (i.e. unaffected portion of the house is still viable for use and no relocation required).

Owners of the structures with or without acceptable proof of ownership over the land; with or without building permit.

1) Cash compensation at replacement cost for the affected portion with no deduction for depreciation, taxes or salvageable materials.

1) To be confirmed and concurred with AH during the DMS, and 2) AHs will remove their structures from the subproject areas within one month after receiving compensation.

3.2 Severe impact (i.e. house is no longer viable for continued use. The entire structure to be acquired).


1) Cash compensation at replacement cost for the entire structure with no deduction for depreciation, taxes or salvageable materials. AHs will also receive assistance as outlined in Section 8 of this entitlement matrix.

1) AH will be notified 3 month in advance of the actual date that the land will be acquired by the subproject 2) AH will remove their structures from the subproject areas within one month after receiving compensation.

4 Secondary Structures (kitchen, latrine, etc.)

4.1 Loss of or damage to assets.


Cash compensation at replacement cost for the affected portion of structure, if it remains usable after repair. Cash compensation at replacement cost for the entire structure if it is no longer usable after reparation or difficult to be repaired.

1) To be confirmed and concurred with AH during the DMS, and 2) AHs will remove their structures from the subproject areas within one month after receiving compensation. 3) AH will be notified 1 month in advance of the actual date that the land will be acquired by the subproject.

5 Loss of Productive Trees and Crops

5.1 Fruit trees Owners regardless of tenure status.

Compensation for affected fruit/nut trees at full replacement cost, which shall be based on average annual value of the product multiplied by five years.

1) Advance notice to harvest at least three months before civil work, and 2) AHs will remove their crops and trees from the subproject areas within one month after receiving compensation. 3) AH will be notified 3 months in advance of the actual date that the land will be acquired by the

5.2 Standing crops Compensation for annual crops at replacement cost, which shall be based on the locally

23

No.

Type of Loss/Impact


prevailing current market prices for the product, if the annual crops cannot be cultivated as usual.

subproject.

5.3 Standing timber/industrial trees

The Project shall re-establish a plantation at a new site, where applicable, and provide additional compensation to cover the cost of weeding and other plantation maintenance activities or compensation for affected trees at full replacement cost.

6 Public and Common Property, Structures, Facilities

6.1 Loss of or damage to assets

Affected communities or concerned government agencies who own the assets.

1) Cash compensation at replacement cost or Replacement by similar structures and quality at the area identified in consultation with affected communities and relevant authorities.

1) Communities to be notified at least 3 months in advance before the start of civil works in the locality of the actual date that the property will be affected by the project, and 2) AHs will remove their structures from the subproject areas within one month after receiving compensation.

7 Loss of Livelihood / Income due to Loss of Productive Land

7.1 Loss of 10% or more of total productive assets (Severely affected)

AHs losing productive land regardless of tenure status.

1) One-time cash assistance of $200 per household and 2) Participate in Income Restoration Program such as agricultural enhancement program and agricultural training program.

Livelihood restoration; Support during business reestablishment.

7a Loss of Livelihood/Income due to Disruption of Business/Employment

7.2 Loss of income/ livelihood due to disruption of business or employment

Unregistered Shop Owners or shop renter (regardless of tenure status) and employees/

One time assistance of $50/household.

This loss will be confirmed and concurred with by the AH during the DMS.

24

No.

Type of Loss/Impact


(marginal impacts) laborers of affected assets.

Registered Shop Owners or shop renter (regardless of tenure status) and employees/laborers of affected assets.

1) Cash compensation equivalent to the daily net income (as reflected in tax receipts) multiplied by the days of business disruption if it cannot be shifted to the adjacent area or shifted to the remaining area. 2) For employee/laborers, no cash assistance if new jobs with equivalent wages are provided in the project area during construction.

8 One-time Cash Assistance for Relocating Small Stores or Structures

8.1 Relocation of small store

AHs whose small store be shifted to new site.

One-time cash assistance of $66 per household.

AHs whose small store be shifted to adjacent area.

One-time cash assistance of $33 per household.

8.2 Relocation of structures

AHs whose structures are to be relocated to adjacent areas.

1) One-time cash assistance allowance of $33 for structures with light or temporary materials with a floor area of less than 60 sqm, or 2) One-time cash assistance allowance of $100 for structures with light and temporary materials with floor areas of more than 60 sqm.

1)-This loss will be confirmed and concurred with by the AH during the DMS, and 2)-AH will be notified 3 months in advance of the actual date that the land will be acquired by the subproject. 3) AHs will remove their structures from the subproject areas within one month after receiving compensation.

AHs whose structures are to be relocated to new site.

1) One-time cash assistance of $200 per household and 2) Participate in Income Restoration

25

No.

Type of Loss/Impact


Program such as agricultural enhancement program and agricultural training program.

9 Vulnerable Cash Assistance

9.1 Any loss or impact on vulnerable AHs

Vulnerable AHs 1) One-time cash assistance of $100 per vulnerable AH, 2) Entitled to Income Restoration Program such as agricultural enhancement program and agricultural training program, and 3) Priority for employment in the project construction works.

The vulnerable AHs will be confirmed during the DMS.

10 Impacts on structure/shop that require relocation (Transportation Allowances)

10.1 Shop and stall made of light and temporary materials require relocation

AHs whose shop or stall will be relocated or tenants who will relocate to new area

Transport Allowance = $5-10

AHs and tenants will be informed in 3 months in advance of the actual date relocation.

10.2 Shops and houses must be moved to adjacent area

Transport Allowance = $40

10.3 Shops and houses must be moved within area in the same village


10.4 Shop and house must be moved to other village


10.5 Tenants or permissory rights required to move.

Tenants or permissory rights

1) Rental Allowance equivalent to 3 months’ rent fee; and 2) Assistance to find alternative, affordable accommodation

11 Temporary affected properties during construction

11.1 Temporary affected land

Owner of temporary affected land.

1) No compensation for land if returned to the legal

AHs will be notified 1 month in advance of the actual date

26

No.

Type of Loss/Impact


owner and the land restored to pre-project condition within 4 months after use. If the land is not returned and restored to pre-project, contractor shall pay for expenses to restore it. 2) If the land is not returned, the AHs will receive compensation at replacement cost for the land. 3) Contractor will be required by contract to pay these costs.

that the land will be temporarily used or affected by the subproject.

11.2 Damage to crops and trees during construction (temporary impact)

Owners of crops 1). Contractor will be required by contract to pay these costs. 2). Compensation for lost production in cash at replacement cost (value of lost production within ROW or for access) for the period of construction or maintenance. This will be a minimum of one harvest where damage occurs during growing season.

1). Construction and maintenance will be carried out so as to minimize damage. 2). Construction will be required by Contract to stay within COI. 3). As part of the civil works contract, all access roads/driveways to properties adjacent to the road will be repaired or replaced including culverts and other facilities, to a condition equal or better than the present. 4). The disruption period will be minimized as much as possible.

11.3 Damage to fields and associated infrastructure including bund walls, drains, channels, etc.

E. Income Restoration

87. For vulnerable groups, landless and severely affected households,5 an income improvement program will be designed and provided. The income improvement program will be designed in a participatory manner during RP preparation and will include, among others, any of the following measures: (i) alternative livelihood; (ii) improved agricultural production; (iii) appropriate skills training, and (iv) preferred consideration for rehabilitation and construction work related job opportunities.

5 AHs physically displaced from housing and AHs losing 10% or more of their productive assets and livelihoods

regardless of tenure status.

27

F. Gender

88. A GAP will be prepared for the project. Consistent with the GAP, resettlement planning and implementation will ensure that women, as members of AHs, are adequately considered when they are physically or economically displaced by subprojects. They will be given equal opportunity for participation in consultations in order to ensure gender-sensitive and culturally responsive measures. The UIWRMSP will adopt suitable strategies to ensure the active involvement of affected women consistent with the GAP.

VI. GRIEVANCE REDRESS MECHANISM

89. This section presents the information and arrangements for addressing conflicts and appeal procedures regarding eligibility and entitlements as well as the implementation of the resettlement activities. 90. A well-defined grievance redress and resolution mechanism will be established to address AHs grievances and complaints regarding land acquisition, compensation and resettlement in a timely and satisfactory manner. All AHs will be made fully aware of their rights, and the detailed procedures for filing grievances and the appeal process will be published through an effective public information campaign. The grievance redress mechanism and appeal procedures will also be explained in the project information booklet (PIB) that will be distributed to all AHs. 91. AHs grievances will be received and solutions for AH concerns and grievances on land acquisition and the implementation can be addressed under the grievance procedure provided in the approved RF/RP. AHs complaints can be made verbally or in written form. In the case of verbal complaints, the committee on grievance will be responsible to make a written record during the first meeting with the AHs. 92. A grievance redress committee (GRC) will be established at provincial level with a process starting from Commune Offices. As practiced, the GRC include the relevant local commune or village chiefs only. The use of local NGO is allowed only to assist AHs in filing complaints, particularly for those who do not know how to prepare written complaints. The designated commune officials shall exercise all efforts to settle AH’s issues at the commune level through appropriate community consultation. All meetings shall be recorded in each grievance process and copies shall be provided to AHs. A copy of the minutes of meetings and actions undertaken shall be provided to IRC and ADB upon request. 93. The procedures for grievance redress are set out below.

(i) Stage 1: AHs will submit a letter of complaint/request to the village or commune resettlement sub-committee or PRSC working group or IRC working groups. The Commune Office will be obliged to provide immediate written confirmation of receiving the complaint. If, after 15 days, the aggrieved AH does not hear from the village or commune or PRSC working group or IRC working group, or if the AH is not satisfied with the decision taken by in the commune office, the complaint may be brought to the district office.

(ii) Stage 2: The district office has 15 days within which to resolve the complaint to the satisfaction of all concerned. If the complaints cannot be resolved in this stage, the district office will bring the case to the Provincial Grievance Redress Committee.

(iii) Stage 3: The Provincial Grievance Redress Committee meets with the aggrieved

28

party and tries to resolve the complaint. The Committee may ask for a review of the DMS by the external monitoring agency (EMA). Within 30 days of the submission of the grievance, the Committee must make a written decision and submit a copy of the same to IRC and the AH.

(iv) Stage 4: Court Procedures. If the aggrieved AH does not hear from the Provincial Grievance Redress Committee or is not satisfied with the proposed solution, the AH can bring the case to the Provincial Court. The Court will make a written decision and send copies to the AH, to provincial GRC and IRC. If any party is still unsatisfied with the Provincial Court’s judgment, the party can refer the case to a higher level court.

94. In cases where AHs do not have the writing skills or are unable to express their grievances verbally, it is a common practice that AHs are allowed to seek assistance from any recognized local NGO or other family members, village heads or community chiefs to have their complaints or grievances written for them. AHs will be allowed to have access to the DMS or contract document to ensure that all the details have been recorded accurately enabling all parties to be treated fairly. Throughout the grievance redress process, the responsible committee will ensure that the concerned AHs are provided with copies of complaints and decisions or resolutions reached. 95. If efforts to resolve disputes using the grievance procedures remain unresolved or unsatisfactory, AHs have the right to directly discuss their concerns or problems with the ADB’s Environment, Natural Resources and Agriculture Division, Southeast Asia Department through the ADB Cambodia Resident Mission. If AHs are still not satisfied with the responses of CARM, they can directly contact the ADB Office of the Special Project Facilitator. The Office of the Special Project Facilitator procedure can proceed based on the accountability mechanism in parallel with the project implementation.

VII. INSTITUTIONAL ARRANGEMENTS AND IMPLEMENTATION

A. Project Management Structure 96. MOWRAM will be the executing agency. MOWRAM’s Department of Farmer Water User Communities (DFWUC) will be the implementing agency. A PMU was established in the DFWUC before the project preparatory technical assistance began. The PMU is headed by a project director, who is the deputy director-general for technical affairs of the DFWUC. A project manager, who is the director of DFWUC, will assist the project director. The PMU was fully involved in the preparation of the project. During project implementation, the PMU will have 24 designated staff members from MOWRAM, the DFWUC, the MAFF, the Department of Hydrology and River Work (DHRW), and the PDWRAMs of Kampong Thom and Battambang provinces. MAFF staff will coordinate the land levelling and other activities to be provided in support of the project by the Climate-Resilient Rice Commercialization Sector Development Project (CRRCSDP). The CRRCSDP will give the project access to quality seed and agriculture value chain facilities and services. The PDWRAMs will be responsible for coordinating all field activities with the FWUCs and the DFWUC. The DHRW will coordinate installation, operation, and data collection of the hydrometeorological stations. It will also be responsible for providing guidance to the PMU on operational challenges during implementation. 97. A project steering committee will oversee the project’s implementation and management and provide policy guidance. It will be chaired by the minister of the MOWRAM and comprise

29

senior officials from MOWRAM, the MAFF, the Ministry of Economy and Finance, and the offices of the governors of the two project provinces. Any resettlement and land acquisition will be implemented by and under the management of an inter-ministerial resettlement committee of representatives from the relevant line ministries, which will be chaired by the Ministry of Economy and Finance. The committee will cooperate closely with the Kampong Thom and Battambang provincial resettlement subcommittees. The PMU will be responsible for project implementation, planning, organization, monitoring, and reporting and will be supported by the project management and implementation consultants. The project will require 58 person-months of international consultant services and 610 person-months of national consultant services to provide technical support to help the PMU manage and implement the project efficiently. The consultant firms will be recruited in accordance with ADB’s Guidelines on the Use of Consultants (2013, as amended from time to time). Procurement is expected to involve small and large works contracts and goods and will be done using ADB’s national and international competitive bidding and shopping methods. An imprest account will be maintained at the PMU level for ADB loan funds. The implementation arrangements are summarized in Table 3 and detailed in the PAM. 98. Program Management Unit. The PMU is responsible for the overall management and implementation of the project. The PMU will assure overall coordination, planning, implementation and reporting for the project. The PMU will have a resettlement officer to coordinate land acquisition and resettlement matters under the lead of IRC. The key tasks of the PMU are as follows:

(i) Procure civil works and goods (ii) Supervise execution of works (iii) Payments to contractors/consultants/suppliers (iv) Operate imprest account (v) Recruit and supervise PMIC (vi) Maintain project accounts and accurate records of both financial and physical

progress (vii) Provide to ADB and MEF quarterly progress reports and semiannual project

performance monitoring reports (viii) Provide to ADB and MEF audited financial statements duly audited as per the

loan agreement (ix) Ensure compliance with social and environmental safeguards as per ADB’s SPS

(2009) (x) Implement gender action plan (xi) Submit internal safeguards monitoring reports (xii) Prepare resettlement plans

B. Organization for Land Acquisition, Resettlement and Compensation

99. The following key organizations involved.

100. Inter-Ministerial Resettlement Committee. The IRC is a collective entity chaired by the representative of the MEF and composed of representatives from different line ministries such as the Ministry of Land Management and Urban Planning. The IRC has emerged as the decision making body on resettlement issues and has since been involved in other foreign-assisted government infrastructure projects with involuntary resettlement. The MEF is the permanent Chair of the IRC and represents it for all development projects.

30

101. The IRC shall assume the function of a quasi-regulatory body, ensuring that funds for resettlement are spent properly and that the RP is carried out as intended. The technical arm of the IRC is the RD-MEF tasked to assist the IRC in carrying out the following:

(i) Review and approve the RF/RP ensuring that the RF/RP is consistent with ADB’s SPS (2009)

(ii) Endorsing the approved RF/RP to ADB (iii) Manage and supervise the RP implementation at the Project areas such as DMS,

negotiation and contracting making with AHs, public consultations with AHs, information disclosure, etc.; based on the agreed policy and principles of this RF

(iv) Establishing or convening the PRSC and its WG. (v) Orienting as needed the PRSC and its (PRSC-WG) on their tasks relative to RP

preparation and implementation. (vi) Securing from the national treasury the budget for carrying out the RP, ensuring

that funds are available in a timely manner and in sufficient amounts. (vii) Approving all disbursements connected with the implementation of the approved

RP, such as payment of compensation and other entitlements, acquisition and preparation of replacement plots, operational expenses of personnel, etc.

(viii) Ensuring that funds for resettlement are spent judiciously; and (ix) With assistance from an independent organization, monitoring the

implementation of the RP, ensuring that this is carried out in compliance with the approved RP.

102. The Project Management Unit and LARC Roles. In general, ministries cam act as implementing agencies to assure overall coordination, planning, implementation of subprojects including the cooperation with IRC on LARC. As most subprojects will cover corridors of impacts related to canals and parallel roads, MOWRAM will play a major role with its Resettlement Unit. The PMU of the implementing agency is responsible for the overall management (coordination, planning, implementation reporting) of the Project. It will report directly to the executing agency on developments about the Project. A resettlement officer will be assigned to the PMU to coordinate implementation of the RP. Its resettlement-related tasks will include the following:

(i) Prepare the RP after the detailed measurement survey (DMS); (ii) Secure the approval of the RP from the IRC; (iii) Secure prior approval by IRC and the ADB for any variations in the approved RP (iv) Secure the database of affected households and assets that will be gathered

during the preparation and updating of the RP. (v) Coordinate consultations with AHs during actual implementation. (vi) Prepare progress reports/internal monitoring on overall project implementation

including the RP implementation and submit to the IRC and ADB. 103. Provincial Resettlement Sub-Committee. The PRSC is a collegial body at the provincial level headed by the Provincial Governor or Deputy Governor of the provinces where the project is located. The members of the PRSC are provincial department directors of line ministries represented in the IRC, and also the chiefs of the districts and communes where the project is located. The technical arm of the PRSC is the Working Group. The PRSC-WG is headed by the Chief or Deputy Chief of Provincial Cabinet and with a Director (or a representative) from concerned line agencies as appropriate. The WG has a counterpart at the district level and commune level composed of personnel from various agencies.

104. The PRSC through the provincial and district working groups are responsible for the following functions:

(i) Facilitate public information campaigns, ensuring that the public, especially the

31

AHs, are updated on any developments regarding the project and resettlement activities;

(ii) Cooperate with IRC-WG in conducting the implementation of the approved RP and assist public consultation and information disclosure meeting; assist the IRC-WG in the selection, acquisition, and preparation of replacement plots, including the preparation of a coordinated schedule of delivery of compensation and other entitlements, the relocation of people, harvesting of standing crops, and the start of civil works in a particular section of the Project;

(iii) Manage the delivery of compensation and other entitlements to the AHs; (iv) Receive and act on the complaints and grievances of AHs in accordance with the

project resettlement policy; and (v) Maintain a record of all public meetings, grievances, and actions taken to

address complaints and grievances.

VIII. BUDGET AND FINANCING

105. The costs of resettlement for the project will be calculated based on (i) the IOL or the DMS, (ii) the entitlements set out in the entitlement matrix of this RF, and (iii) the RCS. A contingency of 10% will be included in total project cost estimates to be used as required during implementation of any RP. All costs for resettlement, including compensation and allowances, operational and administrative costs, monitoring and reporting and income restoration will be financed by the government as counterpart's funds. MEF will provide the budget directly to the IRC and the IRC will disburse the fund to PDEF for payments of compensation and allowances to affected households.

IX. MONITORING AND EVALUATION 106. The monitoring will be split into two parts. A. Internal Monitoring and Evaluation

107. The purposes of internal monitoring are to (i) evaluate the availability and efficient and effective use of resources to implement land acquisition and resettlement activities; and (ii) to identify problems, if any, and assess remedial actions. 108. The PMU will develop internal monitoring indicators, procedures and reporting requirements for all subprojects that involve resettlement. Internal monitoring indicators will include the following criteria:

(i) Compensation and entitlements are computed at rates and procedures as provided in the approved RP.

(ii) Payment of compensation to AHs is in accordance with the approved RP. (iii) Coordination and completion of land acquisition, compensation and, as

required, resettlement activities and commencement of civil works. (iv) Adherence to public information dissemination and consultation procedures. (v) Adherence to grievance redress procedures. (vi) The transition between resettlement and civil works is smooth.

109. The status of RPs’ performance will be reviewed by regular M&E missions and documented in M&E reports to ensure that the RP is prepared and implemented according to the RF. The PMU will prepare a monthly monitoring report. The designated resettlement officer

32

of PMU will verify and consolidate these reports and circulate semi-annual progress report to IRC and ADB, and also members of the PMU and established committees. 110. In addition, the project implementation consultants will include in their progress reports the status of the RPs, and information on the location and numbers of people relocated, compensation amounts paid by item, and assistance provided to AHs. 111. All reports will be submitted in English. ADB will also monitor these activities in its regular supervision missions during the period of project implementation.

B. External Monitoring and Evaluation

112. Based on the RGC regulation, the IRC will recruit an EMA, acceptable to ADB, to conduct external M&E of resettlement, focusing on the social impacts of the subprojects and whether AHs are able to maintain, and preferably improve, their pre-project living standards, incomes and productive capacity. The EMO will be a qualified NGO, consulting firm or independent consultant with recognized experience in Cambodia. Terms of reference and qualifications of EMA will be prepared and included in the preparation of RP which will need approval of both IRC and ADB. 113. The EMA will be appointed prior to the beginning of any subprojects that will involve land acquisition and resettlement, and will by employed for the duration of the project. The PMU will ensure full cooperation with the EMA. The EMA will monitor the WG and other field work, review all consultations, payment of compensation and any relocation and income restoration activities. All data collected during DMS and socioeconomic surveys will be made available to the EMA based on the TOR for EMA as outlined in the PAM. 114. The EMA will prepare semiannual reports throughout the completion of resettlement for all the subprojects. These reports will be submitted to IRC, who will forward the reports to ADB. The EMA will also prepare a post-resettlement evaluation report within 12 months after completion of resettlement in all the subprojects. The post-resettlement evaluation will assess the degree to which AHs have been successful in restoring, maintaining or improving their living standards, incomes and productive capacity.

Annex 1 33

ANNEX 1: SUB-PROJECT SCREENING FORM Probable Involuntary Resettlement Effects Yes No Not

Known Remarks

Involuntary Acquisition of Land

1. Will there be land acquisition?

2. Is the site for land acquisition known?

3. Is the ownership status and current usage of land to be acquired known?

4. Will easement be utilized within an existing Right of Way (ROW)?

5. Will there be loss of shelter and residential land due to land acquisition?

6. Will there be loss of agricultural and other productive assets due to land acquisition?

7. Will there be losses of crops, trees, and fixed assets due to land acquisition?

8. Will there be loss of businesses or enterprises due to land acquisition?

9. Will there be loss of income sources and means of livelihoods due to land acquisition?

Involuntary restrictions on land use or on access to legally designated parks and protected areas

10. Will people lose access to natural resources, communal facilities and services?

11. If land use is changed, will it have an adverse impact on social and economic activities?

12. Will access to land and resources owned communally or by the state be restricted?

Information on Displaced Persons:

Any estimate of the likely number of persons that will be displaced by the Project? [ ] No [ ] Yes If yes, approximately how many? ______________________

Are any of them poor, female-heads of households, or vulnerable to poverty risks? [ ] No [ ] Yes

Are any displaced persons from indigenous or ethnic minority groups? [ ] No [ ] Yes

Subproject Category Subproject Eligibility

Next Steps

A: 200 or more persons will experience major impacts defined as (i) being physically displaced from housing, or (ii) losing 10% or more of their productive or income generating assets

Not Eligible Look for another subproject

B: Less than 200 persons will experience major impacts defined as (i) being physically displaced from housing, or (ii) losing 10% or more of their productive or income generating assets

Eligible Prepare Resettlement Plan in accordance with the Resettlement Framework

C: No involuntary resettlement impacts Eligible None

34 Annex 2

ANNEX 2: OUTLINE OF A RESETTLEMENT PLAN

1. This outline is part of the Safeguard Requirements 2. A resettlement plan is required for all projects with involuntary resettlement impacts. Its level of detail and comprehensiveness is commensurate with the significance of potential involuntary resettlement impacts and risks. The substantive aspects of the outline will guide the preparation of the resettlement plans, although not necessarily in the order shown. A. Executive Summary 2. This section provides a concise statement of project scope, key survey findings, entitlements and recommended actions. B. Project Description 3. This section provides a general description of the project, discusses project components that result in land acquisition, involuntary resettlement, or both and identify the project area. It also describes the alternatives considered to avoid or minimize resettlement. Include a table with quantified data and provide a rationale for the final decision. C. Scope of Land Acquisition and Resettlement 4. This section:

(i) discusses the project’s potential impacts, and includes maps of the areas or zone of impact of project components or activities;

(ii) describes the scope of land acquisition (provide maps) and explains why it is necessary for the main investment project;

(iii) summarizes the key effects in terms of assets acquired and displaced persons; and

(iv) provides details of any common property resources that will be acquired. D. Socioeconomic Information and Profile 5. This section outlines the results of the social impact assessment, the census survey, and other studies, with information and/or data disaggregated by gender, vulnerability, and other social groupings, including:

(i) define, identify, and enumerate the people and communities to be affected; (ii) describe the likely impacts of land and asset acquisition on the people and

communities affected taking social, cultural, and economic parameters into account;

(iii) discuss the project’s impacts on the poor, indigenous and/or ethnic minorities, and other vulnerable groups; and

(iv) identify gender and resettlement impacts, and the socioeconomic situation, impacts, needs, and priorities of women.

E. Information Disclosure, Consultation, and Participation 6. This section:

(i) identifies project stakeholders, especially primary stakeholders; (ii) describes the consultation and participation mechanisms to be used during the

different stages of the project cycle;

Annex 2 35

(iii) describes the activities undertaken to disseminate project and resettlement information during project design and preparation for engaging stakeholders;

(iv) summarizes the results of consultations with affected persons (including host communities), and discusses how concerns raised and recommendations made were addressed in the resettlement plan;

(v) confirms disclosure of the draft resettlement plan to affected persons and includes

(vi) arrangements to disclose any subsequent plans; and (vii) describes the planned information disclosure measures (including the type of

information to be disseminated and the method of dissemination) and the process for consultation with affected persons during project implementation.

F. Grievance Redress Mechanisms 7. This section describes mechanisms to receive and facilitate the resolution of affected persons’ concerns and grievances. It explains how the procedures are accessible to affected persons and gender sensitive. G. Legal Framework 8. This section:

(i) describes national and local laws and regulations that apply to the project and identify gaps between local laws and ADB's policy requirements; and discuss how any gaps will be addressed.

(ii) describes the legal and policy commitments from the executing agency for all types of displaced persons;

(iii) outlines the principles and methodologies used for determining valuations and (iv) compensation rates at replacement cost for assets, incomes, and livelihoods;

and set out the compensation and assistance eligibility criteria and how and when compensation and assistance will be provided.

(v) describes the land acquisition process and prepare a schedule for meeting key procedural requirements.

H. Entitlements, Assistance and Benefits 9. This section:

(i) defines displaced persons’ entitlements and eligibility, and describes all resettlement;

(ii) assistance measures (includes an entitlement matrix); (iii) specifies all assistance to vulnerable groups, including women, and other special

groups; and (iv) outlines opportunities for affected persons to derive appropriate development

benefits from the project. I. Relocation of Housing and Settlements 10. This section:

(i) describes options for relocating housing and other structures, including replacement housing, replacement cash compensation, and/or self-selection (ensure that gender concerns and support to vulnerable groups are identified);

36 Annex 2

(ii) describes alternative relocation sites considered; community consultations conducted; and justification for selected sites, including details about location, environmental assessment of sites, and development needs;

(iii) provides timetables for site preparation and transfer; (iv) describes the legal arrangements to regularize tenure and transfer titles to

resettled (v) persons; (vi) outlines measures to assist displaced persons with their transfer and

establishment at new sites; (vii) describes plans to provide civic infrastructure; and (viii) explains how integration with host populations will be carried out.

J. Income Restoration and Rehabilitation 11. This section:

(i) identifies livelihood risks and prepare disaggregated tables based on demographic data and livelihood sources;

(ii) describes income restoration programs, including multiple options for restoring all types of livelihoods (examples include project benefit sharing, revenue sharing arrangements, joint stock for equity contributions such as land, discuss sustainability and safety nets);

(iii) outlines measures to provide social safety net through social insurance and/or project special funds;

(iv) describes special measures to support vulnerable groups; (v) explains gender considerations; and (vi) describes training programs.

K. Resettlement Budget and Financing Plan 12. This section:

(i) provides an itemized budget for all resettlement activities, including for the resettlement unit, staff training, monitoring and evaluation, and preparation of resettlement plans during loan implementation.

(ii) describes the flow of funds (the annual resettlement budget should show the budget scheduled expenditure for key items).

(iii) includes a justification for all assumptions made in calculating compensation rates and other cost estimates (taking into account both physical and cost contingencies), plus replacement costs.

(iv) includes information about the source of funding for the resettlement plan budget. L. Institutional Arrangements 13. This section:

(i) describes institutional arrangement responsibilities and mechanisms for carrying out the measures of the resettlement plan;

(ii) includes institutional capacity building program, including technical assistance, if required;

(iii) describes role of non-government organizations, if involved, and organizations of affected persons in resettlement planning and management; and

(iv) describes how women’s groups will be involved in resettlement planning and management,

Annex 2 37

M. Implementation Schedule 14. This section includes a detailed, time bound, implementation schedule for all key resettlement and rehabilitation activities. The implementation schedule should cover all aspects of resettlement activities synchronized with the project schedule of civil works construction, and provide land acquisition process and timeline. N. Monitoring and Reporting 15. This section describes the mechanisms and benchmarks appropriate to the project for monitoring and evaluating the implementation of the resettlement plan. It specifies arrangements for participation of affected persons in the monitoring process. This section will also describe reporting procedures.

38 Annex 3

ANNEX 3: STANDARDIZED VOLUNTARY CONTRIBUTION CONSENT FORM

KINGDOM OF CAMBODIA INSERT NAME] Province [INSERT NAME] District [INSERT NAME] Village CERTIFICATE OF LAND TRANSFER I, [INSERT NAME, AGE, NATIONALITY, OCCUPATION], with residence located in [INSERT NAME] village, [INSERT NAME] district, [INSERT NAME] province,

Certify that I have been previously informed by local authority of my right to entitle compensation for any loss of property (house, land and trees) that might be caused by the Uplands Irrigation and Water Resources Management Sector Project(UIWRMSP)in village [INSERT NAME], district ([INSERT NAME]).

I confirm that I do not request any compensation of loss of [INSERT OTHER LOSSES SUCH AS TREES STRUCTURES] and would request the local authority to consider this as my contribution to the UIM

Loss of Asset (Land)

Area (Sqm) Trees (Number)

Unit Rates (Currency/unit)

Total (Currency)

Comment

Total

Therefore, I prepare and sign this certificate for the proof of my decision. [INSERT NAME] district [INSERT DATE] The owner of the land [INSERT NAME AND SIGN]

Witnesses: 1. [INSERT NAME] 2. [INSERT NAME] 3. [INSERT NAME]

Certified by the Chief of the Village [INSERT NAME AND SIGN] The Chief of [INSERT NAME] district [INSERT NAME AND SIGN]

Annex 4 39

ANNEX 4: BACKGROUND INFORMATION ABOUT AFFECTED HOUSEHOLD

1 Household Composition 1.1 Head of Household (HH)

Sex Female Male

Age <65 >65

Widowed Yes No

Disabled Yes No

Owner of Land Yes No

Occupation Monthly Income

1.2 Spouse Name Age

1.3 Current Household Address Name Village Commune District Province

1.4 Location of Affected Area Name Village Commune District Province

1.5 Number of Household Members No Name of

Household Member

Age Sex Relationship to H/h head

School Grade Reached

illiteracy Major Occupation

Other Occupation

1 2 3 4 5 6 7 8 9 10 Number of Households Number of Family members in household 1.6 Households income source

Activity Riel/Year Activity Real/Year Rice Fishing Manual labour Business/trade Agricultural products Salary/Wages Non-timber forest

products Livestock

Handicraft Other Household Monthly Income in Riel Household Yearly Income in Riel

40 Annex 4

2 INFORMATION RELATED TO IRRIGATD AGRICULTURE 2.1 Do you know about the sub-project and

its objectives? Yes No If yes, from who/which source?

2.2 Do you expect benefits from the project?

2.3 Where do you get your water? Yes No Creek Pond Open Well Pump Well Other

2.4 Where do you get you electricity? Yes No Public grid Private grid Private generator Battery Other

2.5 Rice Harvest Yields Tons/year Riel/year

2.6 Supply of Rice to household Enough – For how many months Not Enough – For how many months

3 LAND USE 3.1 How many families are using the

affected land? Yes No Comments

One family Two families Three families

3.2 Living in this village Year: Year: Which Type of land do your own

inside/outside subproject area? Yes No Inside (ha/m2) Outside (ha/m2)

Residential compound Paddy field Orchard area Forest area Commercial area Other Total

How many agricultural plots do you own?

Affected parcels Number In village: In district:

Not affected parcels Number In village: In district:

3.5 Land Use No. Affected area [m2] Land Type Total area [m2] Note of affected

land 1 Rice land 2 Orchard land 3 Vegetable garden 4 Commercial Total Productive Land (1)

Annex 4 41

5 Other unused land (2) 6 Residential land (3) Total (1+2+3) 4 AFFECTED FIXED STRUCTURES 4.1 Type of Affected Structure Yes No Number of Affected Structures

Residential Residential/ Business Kitchen/Bathroom Car parking area/porch Shop/Restaurant Workshop Guesthouse Others

No Type of structure

Number [code]

Construction materials [code]

Total of structure dimension. [m2/m]

Total of affected structure [m2/m]

Unit Unit cost [Riel]

Total cost

1 Roof

Wall

Floor

Pillar

Age of Structure Area of Affected Structure Structure Affected Dimension (%) Total Construction Labor Cost (Riel) Total Cost of First Structure (Riel) Total Cost (Riel) Codes of Use 1= Ground floor ; 2= First floor ; 3= Second floor ; 4= Third floor ; 5= Others

1= Temporary ; 2= Thatch/leaf ; 3= Zinc ; 4= Round wood ;5= bamboo ; 6=Sawn wood ; 7=Tile ; 8= Floor tile ; 9= Concrete slab ; 10= Reinforced concrete ;11= Clay wall; 12=Plank; 13= Metal ;14= 10CMbricks ; 15= 20CMbricks ;16=Concrete bricks ; 17= Others

4 AFFECTED FIXED STRUCTURES 4.2 One Time Cash Assistance Yes No

1= House smaller than 60m2 ;light raw materials to relocate within or close to location

2= House smaller than 60m2 ; light raw materials to relocate far from current location 3= House bigger than 60m2 ; heavy raw materials to relocate within or close to location

4= House bigger than 60m2 ; heavy raw materials to relocate far from current location

4,2 Transportation Allowance 1= Relocate the small shop within or close to location 2= relocate the house within or close to location 3= Relocate the house within same village 4= Relocate the house to a different village or commune

4.4 Other properties Ser. No.

Type of property Size Quantity [no]

Unit cost [Riel]

Total cost [Riel]

1 Open well 2 Pump well 3 Wooden fence, concrete

post, wire

42 Annex 4

4 Concrete fence (brick/rock)

5 Grave/stupa 6 Concrete slab 7 Other (Specify)

Total 5 AFFECTED TREES AND CROPS

Ser. No.

Code number of tree or crop

Unit Quantity [no]

Height [m]

Age [years]

Unit cost [Riel]

Total cost [Riel]

1 2 3 4 5 6 7 8 9 10

Total Codes to Use:

1=Mango ; 2=Coconut ; 3=Tamarind ; 4=Jackfruit ; 5=Custard apple ; 6=Lemon tree ; 7=Sugar cane ; 8=Palm tree ; 9=Longan ; 10=Grapefruit ; 11=Papaya ; 12=Banana ; 13=Guava ; 14=Pring ; 15=Cashew nut ; 16=Bamboo ; 17=Eucalyptus ; 18=Acacia ; 19=Other…………

Annex 5 43

ANNEX 5: STANDARDIZED REPLACEMENT COST SURVEY REPORT CONTENT

I. OVERVIEW OF SUBPROJECT

II. METHODOLOGY& APPROACH FOR COMPENSATION SURVEY

. A-1. RCS Team 1. Nominated staff and participants 2. Overview of performed activities A-2. Information collection 1. Study area 2. Sample size and selection 3. Information to be collected A-3. Information processing

III. RESULTS

. B-1. Area 1 (Village, District, Province) 1. Unit costs for fixed assets 2. Replacement costs for fixed assets 3. Comparison of compensation rates 4. Comments & Observations B-2. Area 2 (Village, District, Province) 1. Unit costs for fixed assets 2. Replacement costs for fixed assets 3. Comparison of compensation rates 4. Comments & Observations Area N (Village, District, Province)

IV. CONCLUSION

C-1. Outcomes 1. Key findings 2. Next steps 3. Recommendations

V. ANNEXES

.

D-1. Used RCA questionnaire forms (“survey questionnaire table”) for each type of loss (residential land, agricultural land, house, secondary structures, trees, crops, others) D-2. Documents gathered D-3. Photos

44 Annex 6

ANNEX 6: SAMPLE SURVEY FORMS

1. SOCIOECONOMIC SURVEY (SAMPLE) – HOUSEHOLD SURVEY 2. SOCIOECONOMIC SURVEY (SAMPLE) – WOMEN’S GROUP FOCAL DISCUSSION 3. SOCIOECONOMIC SURVEY (SAMPLE) – MIXED GROUP FOCAL DISCUSSION 4. SOCIOECONOMIC SURVEY (SAMPLE) – COMMUNE CHIEF AND VILLAGE HEAD

SURVEY QUESTIONNAIRE

Annex 6 45

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54 Annex 6

RRP: Resettlement Framework - ADB

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