land acquisition and compensation plan lao pdr: water supply

Land Acquisition and Compensation Plan

January 2020

Lao PDR: Water Supply and Sanitation Sector

Project

(Sanamxay Subproject)

Prepared by the Department of Water Supply, Ministry of Public Works and Transport for the Asian Development Bank.

https://www.adb.org/sites/default/files/project-documents/45301/45301-003-rrp-en.pdf

https://www.adb.org/sites/default/files/project-documents/45301/45301-003-rrp-en.pdf

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CURRENCY EQUIVALENTS

(as of 27 January 2020)

Currency unit = kip (LAK) LAK 1.00 = $0.0001125

$1.00 = LAK 8,887

ABBREVIATIONS

ADB Asian Development Bank AH affected household AP affected person CPI Committee for Planning and Investment DHUP Department of Housing and Urban Planning DBH diameter and breast height of tree DMS detailed measurement survey DONRE Department of Natural Resources and Environment DPWT Department of Public Works and Transport DRC district resettlement committee DWS Department of Water Supply EA executing agency EIA environmental impact assessment EM entitlement matrix EMHH ethnic household other than Tai-Kadai EMP environmental management plan FHH female headed household GAP gender action plan HH households IA implementing agency IEE initial environmental examination IEM independent external monitoring IMA independent monitoring agent IOL inventory of losses IPSA initial poverty and social assessment Lao PDR Lao People's Democratic Republic LAR land acquisition and resettlement LACF (P) land acquisition and compensation framework (plan) LWU Lao Women’s Union MPWT Ministry of Public Works and Transport OPWT Office of Public Works and Transport PCS project steering committee (national) PCU project coordination unit PIA project implementation assistance consultant PIB public information booklet PIU project implementation unit PM prime minister PNP provincial nam papa

PPSC provincial project steering committee PRC provincial resettlement committee

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the Project Small Towns Water Supply and Sanitation Sector Project RCS replacement cost survey RF resettlement framework ROW right of way

SES socio-economic survey SMMP social management and monitoring plan STEA [Former] Science Technology and Environmental Agency STDP Small Towns Development Sector Project STWSP Small Towns Water Supply and Sanitation Sector Project TOR terms of reference UDAA Urban Development Administration Authority VEI village environmental improvements VRC village resettlement committee WATSAN Water and Sanitation Unit WB World Bank WSSP Water Supply and Sanitation Sector Project WTP water treatment plant

WEIGHTS AND MEASURES

ha hectare

Lpcd liters per capita per day

L/s liters per second

m meter

m2 square meter

m3/day cubic meters per day sqm square meter

NOTE

In this report, "$" refers to United States dollars.

This land acquisition and compensation plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the “terms of use” section of this website.

In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

Loan LAO-3041

Ministry of Public Works and Transport Department of Water S upply

Water S upply and S anitation S ector Project

Updated Land Acquisition and Compensation

Plan

S anamxay S ubproject

Attapeu Province S anamxay District

October 2019

Project Implementation Assis tance Lao C onsulting Group Consortium

ADB – MPWT: Water S upply and S anitation S ector Project Updated Land Acquisition and Compensation Plan – S anamxay S ubproject

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Table of Contents

List of Tables ........................................................................................................................... (iii)

List of F igures .......................................................................................................................... (iii)

List of Attachments .................................................................................................................. (iii)

S elected Acronyms.................................................................................................................. (iv)

S elected Units .......................................................................................................................... (v)

Currency ................................................................................................................................... (v)

S elected Definitions of LAR C related Terms ............................................................................ (vi)

1. E XE CUTIVE S UMMAR Y 1 1.1 The Water S upply and S anitation S ector Project 1 1.2 S anamxay S ubproject 1 1.3 Land Acquisition and Mitigation R equirements 2 1.4 Consultation, Participation and Grievance Mechanisms 3 1.5 Planning, Implementing and Monitoring 4 1.6 Conclusions 4 1.7 R eporting Notes 4

2. PR OJ E CT DES CR IPTION 5 2.1 The Water S upply and S anitation S ector Project 5 2.2 S anamxay S ubproject 6

3. S COPE OF LAND ACQUIS ITION AND R E S E TTLE ME NT 9 3.1 Permanent Land Acquisition 9 3.2 Temporary Land Acquisition 9 3.3 Affectedness 10

4. S OCIO-E CONOMIC INFOR MATION AND PROFILE 11 4.1 S ocio-E conomic Baseline 11 4.2 S ocial Impacts 13 4.3 Profile of Affected Households 13 4.4 Affected Company 13

5. INFOR MATION DIS CLOS URE , CONS ULTATION AND PAR TICIPATION 15 5.1 R equirements 15 5.2 Achievements 15

6. COMPLAINTS AND GRIE VANCE R E DR E S S ME CHANIS MS 16 6.1 R equirements 16 6.2 Grievance Approach 16

7. LE GAL FR AMEWOR K 19 7.1 Lao R equirements 19 7.2 ADB R egulations 19 7.3 Agreed Key Principles 19

8. E NTITLE ME NT, AS S IS TANCE AND BE NE FITS 23 8.1 E ntitled Categories Affected Persons 23 8.2 E ligibility 24 8.3 Voluntary Donation 24 8.4 Loss of Assets and Resources 24

8.4.1 Loss of Land 26 8.4.2 Loss of Houses and Other S tructures 26


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8.4.3 Loss of Crops and Trees 26 8.4.4 Loss of Common Property R esources 26 8.4.5 Disruption of Business 27

9. R E LOCATION OF HOUS ING AND R ES E TTLE MENT 27

10. INCOME R E S TOR ATION AND R E HABILITATION 27 10.1 Allowances 27 10.2 S pecial Assistance 27

11. R E S E TTLE ME NT BUDGE T AND FINANCING PLAN 27 11.1 Planned LAC Cost E stimate 27 11.2 Compensation and Voluntary Contribution 27 11.3 Actual LAC Budget 28

12. INS TITUTIONAL AR R ANGE ME NT 30 12.1 Project E xecuting and Management S tructure 30 12.2 S ubproject Implementing and S upervision S tructure 30

13. IMPLEME NTATION S CHE DULE 32

14. MONITORING AND R E POR TING 34 14.1 Internal M&E 34 14.2 E xternal M&E 34

Tables

Table 1: S ummary of S ubproject Affected Assets, Owners and S everity of Impacts ................... 10 Table 2: Core and E xtension Villages of S anamxay S ubproject and their Population ................. 11 Table 3: Project Main S teps of Grievance Mechanisms .............................................................. 18 Table 4: Agreed LAR C Key Principles of Project ........................................................................ 20 Table 5: WS S P Main Components of Compensation Approach ................................................. 22 Table 6: Project Categories of E ntitled Affected Persons ............................................................ 23 Table 7: S ubproject’s E ntitlement Matrix ..................................................................................... 25 Table 8: S ubproject’s Land Acquisition and Compensation Budget ............................................ 29 Table 9: S tatus of Performed/S cheduled Activities of S amakkhyxay S ubproject ......................... 33

F igures F igure 1: General Proposed Layout of S anamxay Water S upply S cheme ............................. 8

Attachments Attachment 1 LAR C – Fact F inding and S creening

Attachment 2 LAR C – Consultation and Coordination

Attachment 3 Inventory of Loss

Attachment 4 Complementary Documentation


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S elected Acronyms ADB Asian Development Bank AH Affected Household AP Affected Person COI Corridor of Impact DCO District Coordination Office DD Detailed Design DMS Detailed Measurement S urvey (at detailed design stage) DoNRE Department of Natural R esources and E nvironment DPWT District Department of Public Works and Transport DRC District R esettlement Committee DWS Department of Water S upply E A E xecuting Agency E GDF E thnic Groups Development Framework E MP E nvironmental Management Plan FS Feasibility S tudy GAP Gender Action Plan GOL Government of Lao PDR GR M Grievance R edress Mechanism HH Households IA Implementing Agency IE E Initial E nvironmental E xamination IE M Independent E xternal Monitoring IMO Independent Monitoring Organization IOL Inventory of Loss IP Indigenous People IPP Indigenous Peoples Plan IPPF Indigenous Peoples Planning Framework IR Involuntary R esettlement Lao PDR Lao People's Democratic R epublic LAC Land Acquisition and Compensation LACF Land Acquisition and Compensation Framework LACP Land Acquisition and Compensation Plan LACR Land Acquisition and Compensation Report LAR C Land Acquisition, R esettlement and Compensation LFNC Lao F ront for National Construction LWU Lao Women’s Union M&E Monitoring and E valuation MPWT Ministry of Public Works and Transport NGO Non-Government Organization NPCO National Project Coordination Office (PAM: Nat. Project Management Office PMO) NPS C National Project S teering Committee NRW Nonrevenue Water O&M Operation and Maintenance OPWT District Office of Public Works and Transport PAM Project Administration Manual PBME Project Benefit Monitoring and E valuation PPWT Provincial Department of Public Works and Transport PIB Public Information Booklet PIU Project Implementation Unit


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S elected Acronyms PMO Project Management Office PMS Preliminary Measurement S urvey (at feasibility study stage) PNP Provincial Nam Papa (provincial water supply company) PPS C Provincial Project S teering Committee PPTA Project Preparation and Technical Assistance PPME Project Performance Monitoring and E valuation PR C Provincial R esettlement Committee R CS R eplacement Cost S urvey R F R esettlement Framework R P R esettlement Plan R OW R ight of Way S E BS S ocio-E conomic Baseline S urvey S E IS S ocio-E conomic Impact S urvey S E S AH S ocio-E conomic S urvey of Affected Households S PS S afeguards Policy S tatement S TWS P S mall Town Water S upply and S anitation S ector Project TA Technical Assistance ToR Terms of R eference UDAA Urban Development Administration Authority VAU Village Arbitration Unit VDC Village Development Committee VE I Village E nvironmental Improvement VLWU Village Lao Women’s Union WATS AN Water and S anitation Unit WS Water S upply WS S Water S upply and S anitation WS S P Water S upply and S anitation S ector Project WS S P-AF Water S upply and S anitation S ector Project - Additional F inancing WTP Water Treatment Plant

Units ha hectare/s km kilometers km2 square kilometers lpcd liters per capita per day l/s liters per second m meter m2 square meter m3 cubic meter m3/day cubic meter per day sqm square meter

Currency LAK Lao currency unit Kip US $ US Dollar Note: Applied exchange rate: US $ 1.00 = LAK 8,500.00


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S elected Definitions of LARC R elated Terms Affected Person (AP)

An affected person indicates any juridical person being as it may an individual, a household, a firm or a private or public institution who, on account of the execution of the Program and its subprojects or parts thereof would have their:

(i) R ight, title or interest in any house, land (including residential, agricultural and grazing land), water resources or any other fixed or moveable asset acquired or possessed, restricted or otherwise adversely affected, in full or in part, permanently or temporarily; and/or

(ii) Business, occupation, work, place of work or residence or habitat adversely affected with or without physical displacement; or

(iii) S tandard of living adversely affected.

Compensation Payment made in cash or in kind to APs at replacement cost for assets, resources and/or sources of livelihood and income acquired or adversely affected by the project.

Corridor of Impact (COI)

It is the area which is impacted by civil works in the implementation of the project and is important in two particular respects:

(i) Legally as the area within which APs will be entitled to compensation and other measures (in general coming under the heading of resettlement) for any loss of land, structures, land use and occupation or livelihoods; and

(ii) Operationally as the agreed and demarcated area within which construction activities will take place and which must be cleared of all structures and obstructions.

Cut-off Date for E ligibility

This refers to the date prior to which the occupation or use of the area makes residents/users/occupants of the same eligible to be categorized as AP (see definition of eligibility). In this project, the cut-off date coincides with the final day of the census of Aps and Inventory of Losses and which is preceded by a public consultation or announcement. Persons not covered in said 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 loss (IOL); or

(ii) They have lawfully acquired the affected assets following completion of the census and the IOL and prior to the conduct of the detailed measurement survey (DMS ). In view thereof, the final list of APs is determined during the DMS . The establishment of cut-off date for eligibility is intended to prevent the influx of ineligible non-residents who might take advantage of project entitlements and speculate on land values and to prevent speculation by eligible APs.

Displaced Person

In the context of involuntary settlement, displaced persons are those who satisfy the condition of “Cut-off Date for E ligibility” (see definition below) and are physically displaced (relocation, loss of residential land or loss of shelter) and/or economically displaced (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 on access to legally designated parks and protected areas in connection with the project.

Detailed Measurement S urvey

With the aid of the approved detailed engineering design, this activity involves the finalization and/or validation of the results of the Inventory of Losses (IOL), severity of impacts, and list of APs done earlier during the project’s feasibility studies. The final cost of resettlement for the subproject will be determined following completion of the DMS . At feasibility study level this can be regarded as Preliminary Measurement S urvey (PMS ).


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S elected Definitions of LARC R elated Terms

E ligibility E ligible APs may fall under any of the following groups:

(i) Those who have formal legal rights to land lost including customary and traditional rights;

(ii) Those who do not have formal legal rights to land lost as of the cut-off date but have claims to such land or assets that are recognizable under national laws; and

(iii) Informal settlers who satisfy the condition for eligibility to compensation as provided in the definition of “cut-off date for eligibility”.

Non-eligible APs include those making claims based on subsequent occupation after the cut-off date for eligibility.

E ntitlement This refers to a range of measures comprising compensation, income restoration support, transfer assistance, livelihood substitution, relocation support, etc. which are provided to APs, depending on the type and severity of their losses, to restore their economic and social base.

Income R estoration This is the re-establishment of sources of income and livelihood of the severely

affected and vulnerable households to supplement the compensation received for affected assets so as to achieve, at the least, complete restoration of pre-project living standards. This term is used synonymously with “Rehabilitation.”

Independent Monitoring Organization

This is the entity hired by the Inter-ministerial R esettlement Committee (IR C) (through the National Project Management Office) to monitor and evaluate the implementation of the Land Acquisition and Compensation Plan (LACP).

Inventory of Losses

This is the process where 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 COI are identified, measured, their owners identified, their exact location pinpointed.

Involuntary R esettlement

It is the displacement of people, not of their own preference, from their homes, assets, sources of income and livelihood in the Project COI. Involuntary resettlement may result in any or a combination of the following: loss of land, abode and other fixed assets, loss of income and/or employment, relocation, separation of family members, disintegration of communities, etc. Unless appropriate and adequate mitigation measures are carried out, involuntary resettlement will result to further hardship and impoverishment among the APs, especially the marginal sectors of society (see definition of “vulnerable groups”). These adverse social impacts of development projects are often borne by APs not of their own desire but involuntarily.

Land Acquisition

R efers to the process whereby an individual, household, firm or private institution is compelled to alienate all or part of the land s/he/it owns or is in the process of getting the ownership in favor of the government for the project in return for compensation at replacement costs.

R ehabilitation Above, as in income restoration and rehabilitation.

R elocation This is the physical displacement of an AP from her/his pre-project place of residence and/or business.


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R eplacement Cost

It means the cost of replacing lost assets and incomes, including cost of transactions. The amount calculated before displacement which is needed to replace an affected asset without deductions for taxes, and costs of transaction as follows:

(i) Productive land (agricultural, fishpond, garden, forest) based on market prices that reflect recent land sales, and in the absence of such recent sales, based on productive value;

(ii) R esidential land based on market prices that reflect recent land sales, and in the absence of such recent land sales, based on similar location attributes;

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

(iv) S tanding crops equivalent to the current market value of the crop at the time of compensation;

(v) Perennial crops and trees, cash compensation equivalent to the current market value given the type, age and productive value (future production) at the time of compensation;

(vi) Timber trees, based on diameter at breast height at current market prices; and/or

(vii) Others.

R eplacement Cost S tudy

This refers to the process involved in determining replacement costs of affected assets based on empirical data.

R esettlement This includes all measures taken to mitigate any and all adverse social impacts of the project on AP property and/or livelihoods, including compensation, relocation (where relevant), and rehabilitation as needed.

R esettlement Plan

This is a time-bound action plan with budget setting out compensation and resettlement strategies, objectives, entitlement, actions, responsibilities, monitoring and evaluation which are all aimed at helping APs re-establish their pre-project standards of living.

R esettlement E ffects

R esettlement E ffects mean all negative situations directly caused by the project including loss of land, property, income generation opportunity, and cultural assets as triggered by the project.

R ight-Of-Way The right-of-way is a public available and governmental owned strip of land following a centerline (such as for roads, canals, etc.) providing an area of access. The project will use the complete area where necessary. In case some of the R OW has been encroached upon by informal occupiers/ formal users (for example people now living, doing business, or cultivating land within the R OW), the project intends to adopt a corridor-of-impact (COI) within the R OW to avoid adverse land acquisition and resettlement related impacts.

S everely A ffected Persons

This refers to affected persons or households who: (i) Need to be relocated; (ii) Lose 10% or more of productive assets; and/or (iii) More than 40% of the surface of the house is damaged (or where assets

are affected only partially but the remaining assets are rendered unviable for continued use and relocation might be necessary for that reason (Guidelines on R esettlement Compensation, WR EA, March 2010).


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S ignificant R esettlement E ffects

Involuntary resettlement impacts of a subproject are considered significant if 200 or more persons will experience major impacts, which are defined as (i) being physically displaced from housing, or (ii) losing 10% or more of their productive assets (income generating) as per OM S ection F1.

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 and specifically include:

(i) Female headed households with dependents; (ii) Disabled household heads; (iii) Households falling under the generally accepted indicator for poverty; (iv) Children and the elderly household heads who are landless and with no

other means of support; (v) Landless households; and/or (vi) Indigenous people or ethnic minorities.


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1. E XE CUTIVE S UMMAR Y

1.1 The Water S upply and S anitation S ector Project

1. This Water S upply and S anitation S ector Project (WS S P or the Project) will improve the performance of provincial water utilities, called provincial nam papas (PNPs), and expand access to safe piped water supply and sanitation for urban residents in small towns in the Lao PDR. It will contribute to the government’s urban sector targets (90% coverage for piped water supply and 100% coverage for sanitation by 2030). The Project will expand water and sanitation services to small district towns, provincial capital towns and their peri-urban areas in accordance with the Government’s urban water supply and sanitation strategy, 2013–2030, and water supply investment plan, 2012–2020. The impact will be expanded access to quality and reliable piped water supply and sanitation services for the urban population in the Lao PDR. The outcome will be improved performance of participating PNPs in delivering sustainable water supply and sanitation services.

2. The Project adopts a sector approach following a prioritized list of subproject towns based on the water supply investment plan. With the sector approach, potential subproject towns were subject to initial screening and prioritization under PPTA 8150. Three sample subprojects were selected for feasibility study under this TA – Pha Oudom (Bokeo), Luang Namtha and Long (Luang Namtha). Following feasibility study, the subprojects were checked against eligibility criteria agreed between the Government and ADB as a condition of approval for ADB funding, and then included in a subproject appraisal report. These three subprojects are implemented in Phase I of the Water S upply and sanitation S ector Project (WS S P). Another twelve (12) towns have been assigned a high priority for implementation under WS S P and WS S P-AF . The Project approach will partner a subproject for expansion of the provincial capital with a small district town within the same province. Pro-poor mechanisms include free water supply connections for all, and subsidies for the poor for toilet construction.

3. Village environmental improvements (VE I) will also be implemented in the prioritized subprojects, and will promote demand-driven, community-managed environmental improvements, such as construction or rehabilitation of small-scale community improvements (e.g., drains and village access roads). Together with VE I, improved household sanitation for the poor will be provided. During the village planning process, poor households will be identified and will be eligible to receive a sanitation grant for building or upgrading their existing sanitation facility.

4. In parallel with the capital investments, the key elements of sector and policy reform will be addressed at strategic points during the implementation process. S imilarly, sector coordination will be improved through support to the water supply and sanitation subsector working group under the Technical Working Group on urban development.

1.2 S anamxay S ubproject

5. This subproject is one of the four subprojects selected for Phase III. It includes the construction of a water supply system, sanitation works and financial and technical assistance for village environmental improvements. The new water supply system of S anamxay will be designed to operate in one distribution system in 7 core villages and Dongbak R esettlement Area with capacity for two future extension villages. The WTP, and reservoirs, all designed for 15 years (2034) while the pipelines’ capacity is designed for 20 years (2039).

6. The proposed works will include: (i) tower intake on the S ekong R iver; (ii) 180 m raw water transmission main to the WTP; (iii) 3,400 m3/day capacity WTP comprising pre-sedimentation, flocculation, sedimentation (with allowances for lamella technology), rapid gravity filtration, backwash tank, airblower and chlorine dosing facilities, laboratory and PAC dosing facilities, and detention ponds; (iv) 650 m3 clear water ground reservoir at the WTP; (v) pumping station and transmission line to a nearby 550 m3 elevated reservoir; (vi) 43 km gravity-fed distribution network through the two core villages and (vii) 122 km of HDPE DN63 rider mains. A


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BNP office will be constructed at a designated location on government-owned land in Ban Mitsamphan. PNP staff will receive training in water supply utility management, operation and maintenance and basic non-revenue water (NRW) management.

7. Under the Project’s Village E nvironmental Improvements Component the subproject with its seven core villages has engaged in S eptember 2017 in a participatory process to identify local needs which were specified as follows: (i) construction material for communal/public locations (4 village halls), (ii) installation of 54 culverts to improve drainage, (iii) construction of 18 public toilets for schools, markets, offices, and temples, and (iv) improvement of access/village roads with a total length of 1,332m. The total number of activities will be decided based on the actual cost estimates and availability of funds during implementation phase. The participation of villages aims not only in their involvement in the selection process of proposed improvement measures, but also in their active contribution during construction stage, and their leading role for O&M of the communal infrastructure, which would be provided with financial and technical assistance from the Project.

1.3 Land Acquisition and Mitigation R equirements

8. This subproject with its components involves physical changes through civil works only on governmental land for the site-specific infrastructure and within existing corridors along the R ight-of-Way for the potable water transmission system. The chosen engineered design, a preliminary measurement survey (PMS ) Detailed Measurement S urvey (DMS ) both complemented with several site inspection walks confirm that there are no cases affected permanently by loss of private land, trees, or crops, only secondary structures of a non-operating sand-rock mining company has been affected. Concerning the installation of main and distributors only some temporary disruption to owners, user and/or operators of private, communal and/or public premises are expected but without adverse impacts on business and income. Mitigation can be described as described below.

9. In summarizing detail, the S anamxay subproject does result in: (i) No loss of residential land. (ii) No loss of primary structures. (iii) Loss of secondary structures of a non-operating sand-rock company. Two smaller

wooden huts, 1 zinc shelter and 2 electric power poles were installed some years ago on public land (now proposed for the WTP) and private land (not required by the subproject) without formal or official agreement of the District authority and the private land owner respectively. After its investments in these secondary structures, the company actually never started operation. After formal verbal instructions from the District to the owner before the start of the WS P, the District agreed with the Chinese owner of the company in a meeting on 22 December 2017, that (a) he will dismantle these assets on his own costs before or at the beginning of the construction, (b) except the civil contractor for the WS P would have an interest in these assets for his site installation set-up and acquire them directly from the owner. Option (a) was applied and completed in February 2018.

(iv) No loss of productive land. (v) No temporary disruption of private land for construction purposes. (vi) No loss of business/commercial land. (vii) For the proposed water supply infrastructure governmental and PNP land is available

for the implementation of the subproject. (viii) No loss of private trees and crops of private owner. Concerning trees owned by the

District Agriculture and Forestry Office on the governmental land proposed for the WTP the S anamxay District will contribute them to the subproject and not request compensation.

(ix) No loss of common property providing public services. (x) For the VE I component in their administrative units the 7 subproject villages will

provide communal land as required for the discussed and agreed VE I measures.


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(xi) No vulnerable households as no AHs. (xii) No Indigenous People as no AHs. (xiii) No cases of temporary business loss because of pipe installation, as construction

disturbances between 1 to 3 days will be mitigated through access over trenches, immediate backfilling and other measures if required. However, this will be reviewed by PIU and village authorities during actual pipe installation works, leading then to a confirmation of impact or no impact. In the event of impact, the household is entitled to cash compensation in accordance with the entitlement matrix.

10. In summary, there are no households and 1 non-operating sand-rock mining company affected.

1.4 Consultation, Participation and Grievance Mechanisms

11. The feasibility study (FS ) related Land Acquisition and Compensation Plan (LACP) was prepared in J anuary 2018 based on related fieldwork carried out in S eptember 2017 and J anuary 2018. In this context, information has been provided (i) through 8 coordination and public village meetings attended by 608 (267 female and 341 male) villagers composed by ethnic groups of 218 Lao-Tai and 390 Mon-Khmer participants, and (ii) during joint transect walks in project area related to PMS . These meetings include 1 LAR C related district meeting with 29 attendees (1 female). At detailed design (DD) stage this Updated Land Acquisition and Compensation Plan (LACP) was prepared in October 2019 based on related fieldwork carried out the same month. Another (iii) 7 coordination and public village meetings were held attended by 407 (202 female and 205 male) villagers composed by ethnic groups of 192 Lao-Tai and 215 Mon-Khmer participants. These meetings include 1 LAR C related district meeting with 55 attendees (34 female). The participants were informed by the Implementing Agency (IA) and the Project Implementation Assistance (PIA) about subproject scope, implementation schedule, AHs entitlement and eligibility, as well as land acquisition, compensation, voluntary contribution, and mitigation. They were also generally informed about measurement surveys of affected assets, the Cut-off–Date (CoD), and socio-economic surveys of affected households. The provision of information will continue during both the detailed design phase and the construction phase including (iii) further public meetings during mobilization of contractor, and (iv) others.

12. It has been based on a consultative and participative approach leading to (a) confirmed design features for the water supply infrastructure, (b) avoiding private land acquisition and preferring the provision of gov. and communal land, and (c) no significant impacts to AHs. The feedback from villagers through public meetings or individual discussions during surveys concerns the following three major items: (i) villagers appreciate the subproject to be implemented in their villages, (ii) they show high motivation to cooperate with the subproject, and (iii) they expect improvements for their living standard. It is noteworthy, that no serious concerns or issues were raised by them.

13. During surveys in the subproject area specific feedback from the contacted households indicated their high satisfaction of the subproject bringing them “a better life” and their hope for a soon start or construction works. It is remarkable that residents of the villages in the subproject area are very motivated and willing to coordinate with the subproject, in particular for the VEI component. This also indicates the high number of 570 (296 female and 274 male) participants of VE I related 7 public meetings held in S eptember 2017.

14. The defined grievance approach aims at having complaints ideally passed through four stages before they could be elevated to a court of law as a last resort. The Project’s objective is to handle and solve any complaints those for stages before a complainant would approach a court. Affected persons are entitled to lodge complaints regarding any aspect of the preparation and implementation of the land acquisition and compensation without prejudice to their right to file complaints with the court of law at any point in the process.


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1.5 Planning, Implementing and Monitoring

15. The planning of compensation and mitigation measures has been prepared based on the Inventory of Loss. It indicates no costs for compensation and mitigation measures. Furthermore, costs for land acquisition, resettlement and compensation (LAR C) and safeguards implementations are generally borne by separate project and governmental budgets. As the IA in cooperation with the local authorities have given high priority to land requirements, the provision of governmental land has been completed already.

16. The Ministry of Public Works and Transport (MPWT) is the executing agency (E A) for the Project with the responsibility for overall project coordination and management that has been transferred to its Department of Water S upply (DWS ), which has established the National Project Coordination Office for day-to-day management of the Project.

17. The implementing agency (IA) at provincial level is the PNP. Provincial Project Implementation Units (PIU) have been established responsible for subproject related financial management at provincial level, and coordination and management of implementation of subprojects. To assist implementation of subprojects at district level, District Coordination Offices (DCOs) have been established with focus on coordination and supervision of subproject activities.

18. The S anamxay subproject will be implemented as part of Phase III and considers a construction period of 24 months starting in March 2020 with award of contract and contractor mobilization in April 2020 followed by physical construction works. The commencement of operation of the WS S infrastructure is scheduled for 2nd quarter 2022.

19. During implementation and operation phase the internal and external Monitoring and E valuation has to be performed to elaborate on performance and impacts of the subproject’s activities. Its technical approach has to be transparent, and any data or information made available to involved stakeholders either in Lao and/or E nglish language.

1.6 Conclusions

20. There is no acquisition of private land required, only secondary structures on governmental land of a non-operating sand-rock company were dismantled by its owner and no loss of income is expected to households, so that this subproject can be classified under Asian Development Bank (ADB) Category B (project includes involuntary resettlement impacts that are not deemed significant).

21. This land acquisition planning has been based on the detailed design and also reviewed the first preparatory steps at feasibility study level to verify any need for formal acquisition and compensation.

1.7 R eporting Notes

22. The structure of this Land Acquisition and Compensation Plan (LACP) has been orientated towards the requirements for R esettlement Plans as outlined in the “ADB’s S afeguards Policy S tatement (2009).

23. According to Lao PDR Decree 2432 (dated 11/11/2005 on “R egulations for Implementing Decree 192 dated 07/07/2005 on Compensation and Resettlement of People Affected by Development Project”) a resettlement planning document is called “Land Acquisition and Compensation Report” if impacts of the project are not serious (mostly marginal), which is the case for this subproject. However, as this is an ADB classified Category B project, this report has been prepared as a LACP23.


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2. PR OJ E CT DE S CR IPTION

2.1 The Water S upply and S anitation S ector Project

24. The Project will improve the performance of provincial water utilities, called provincial nam papas (PNPs), and expand access to safe piped water supply and sanitation for urban residents in small towns in the Lao PDR . It will contribute to the government’s urban sector targets (90% coverage for piped water supply and 100% coverage for sanitation by 2030) by improving sector coordination and policy implementation in corporatization, improving nonrevenue water (NR W) management and expanding water supply in provincial towns, developing new water supply systems in small towns, enhancing community action in urban water supply and sanitation, and strengthening capacity for project implementation and operation and maintenance (O&M). The Project will expand water and sanitation services to small district towns, provincial capital towns and their peri-urban areas in accordance with the Government’s urban water supply and sanitation strategy, 2013–2030, and water supply investment plan, 2012–2020.

25. The Project’s five outputs are:

Output 1: Improved sector coordination and policy implementation. Output 2: Improved nonrevenue water management and water supply development. Output 3: Developed new water supply systems in small towns. Output 4: E nhanced community action in water supply and sanitation. Output 5: S trengthened capacity for project implementation, operation, and

maintenance.

26. The impact will be expanded access to quality and reliable piped water supply and sanitation services for the urban population in the Lao PDR . The outcome will be improved performance of participating PNPs in delivering sustainable water supply and sanitation services. The Project adopts a sector approach following a prioritized list of subproject towns based on the water supply investment plan. The Project will support about six PNPs to improve and develop water supply systems in about two towns per province. It will provide capital to selected PNPs that are state companies, have prepared a corporate plan, and have arrears less than 90 days. E ach PNP will receive funds to rehabilitate and expand its provincial capital water supply system and to construct a new water supply system in one small town. E ach town selected will have 4,000–20,000 residents. It is expected to improve access to water supply for 155,000 people and improved sanitation for 160,000 people in these urban areas.

27. With the sector approach, potential subproject towns were subject to initial screening and prioritization under TA 8150 before being accepted as a candidate for the Project. Three sample subprojects were selected for feasibility study under the TA – Pha Oudom (Bokeo), Luang Namtha and Long (Luang Namtha). Following feasibility study, the subprojects were checked against eligibility criteria agreed between the Government and ADB as a condition of approval for ADB funding, and then included in a subproject appraisal report. These three subprojects are implemented in Phase I of the Project.

28. E leven (11) towns have been assigned a high priority based on the following criteria (i) Current performance; (ii) Government development priority; (iii) projected population and growth rate; (iv) development potential; (v) poverty status; (vi) previous investment in water supply and sanitation in the province; and (vii) previous inclusion on the S mall Town Water S upply and S anitation S ector Project (S TWS P) long-list.

29. The WS S P will focus initially on priority subprojects nominated by the PNPs that have received support for corporate planning and financial management under S TWS P, as these are the only PNPs that are able to meet the abovementioned financial performance criteria at this stage. However, other PNPs may be given the opportunity to participate in the Project if they can improve their performance and meet the selection criteria during the implementation period. The


6

final number of subproject towns included in the Project depends on the overall amount of funding, project scope and the implementation period agreed between Government and ADB. The Project approach will partner a subproject for expansion of the provincial capital with a small district town within the same province. Pro-poor mechanisms include free water supply connections for all, and subsidies for the poor for toilet construction.

30. Village environmental improvements (VE I) will also be implemented in the prioritized subprojects, and will promote demand-driven, community-managed environmental improvements, such as construction or rehabilitation of small-scale community improvements (e.g., drains and village access roads). Together with VE I, improved household sanitation for the poor will be provided. During the village planning process, poor households will be identified and will be eligible to receive a sanitation grant for building or upgrading their existing sanitation facility.

31. In parallel with the capital investments, the key elements of sector and policy reform will be addressed at strategic points during the implementation process. For example, corporate plans will be updated, service agreements established and expanded, improved financial management, continued tariff reform, free connection policy expanded and district sanitation regulations. S imilarly, sector coordination will be improved through support to the water supply and sanitation subsector working group under the Technical Working Group on urban development.

32. The order in which subprojects are implemented will be determined by agreement between the Government and ADB, depending on (i) readiness of the concerned provincial and district governments to implement the subprojects, and; (ii) geographical grouping of the subprojects to minimize costs and maximize implementation efficiency. Once a subproject is selected as a candidate, the set-up of a NRW management program and team will be a fundamental conditionality to all other activities.

2.2 S anamxay S ubproject

33. This subproject is one of four subprojects of Batch 3. It includes the construction of a water supply system, sanitation works and financial and technical assistance for village environmental improvements in 7 core villages. As a consequence of the collapse of a saddle dam of the Xe Pian-Xe Namnoy HPP and related damage through flooding J uly 2018 a supply of treated water to a relocation site (currently under construction) through a main has been additionally included in the detailed design of the subproject.

34. The water supply system of S anamxay will be designed to operate in one distribution system by developing the capacities of the water source facilities, WTP, and reservoirs, all designed for 15 years (2034) while the pipelines’ capacity is designed for 20 years.

Technical Facilities: The proposed works for the new water supply system will include: (i) tower intake on the S ekong R iver; (ii) 180 m raw water transmission main to the WTP; (iii) 3,400 m3/day capacity WTP comprising pre-sedimentation, flocculation, sedimentation (with allowances for lamella technology), rapid gravity filtration, backwash tank, airblower and chlorine dosing facilities, laboratory and PAC dosing facilities, and detention ponds; (iv) 650 m3 clear water ground reservoir at the WTP; (v) pumping station and transmission line to a nearby 550 m3 elevated reservoir; (vi) 43 km gravity-fed distribution network through the two core villages and (vii) 122 km of HDPE DN63 rider mains. A BNP office will be constructed at a designated location on government-owned land in Ban Mitsamphan.

Water to the distribution network will be supplied by gravity flow from the proposed elevated reservoir at the WTP site. The capacity of the distribution network is designed to allow for future expansion to the future extension villages.


7

The development plan requires an estimated 43 km of main distribution pipeline (between DN110 and DN250) and 122 km of rider mains. Appurtenances such as gate valves, district metering area (DMA) water meters, air valves, and wash-out valves will be provided to facilitate the efficient operation and maintenance of the system.

Other Facilities: Basic equipment will also be procured for operation and maintenance of the water supply system. PNP staff will receive training in water supply utility management, operation and maintenance and basic non-revenue water (NRW) management.

35. Under the Project’s Village E nvironmental Improvements Component the subproject with its 7 core villages has engaged in S eptember 2017 in a participatory process to identify local needs which were specified as follows: (i) construction material for 8 communal/public locations (village offices and schools), (ii) construction of 15 public toilets for schools, bus station, office, and temple, and (iii) improvement of 13 access/village roads with a total length of 2.315 m. The participation of villages aims not only in their involvement in the selection process of proposed improvement measures, but also in their active contribution during construction stage, and their leading role for O&M of the communal infrastructure, which would be provided with financial and technical assistance from the Project.

ADB – MPWT: Water S upply and S anitation S ector Project Updated Land Acquisition and Compensation P lan – S anamxay Subproject

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F igure 1: General Proposed Layout of S anamxay Water S upply S cheme

ADB – MPWT: Water S upply and Sanitation S ector Project Updated Land Acquisition and Compensation Plan – S anamxay S ubproject

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3. S COPE OF LAND ACQUIS ITION AND R E S E TTLE ME NT

36. The feasibility design considered components of a water supply scheme, which does not require private land acquisition for proposed intake, access roads, WTP, reservoir and PNP office. The two sites for these main infrastructure have been confirmed during the detailed design stage. For the main and distribution networks only existing R ight of Way have been selected for alignments of pipes.

37. The subproject will involve physical changes through the earth moving, but also in constructing the mentioned water supply infrastructure. The engineering design follows the existing R oW only, so that there is no need for private land acquisition. This is the optimized technical approach and engineering concept for this subproject.

38. These non-requirements for land acquisition by this subproject have been defined in S eptember 2017 and are based on a PMS combined with joint transect walk of participating village representatives, PNP, PIU and PIA. A DMS in October 2019 confirmed these results. In this context should be noted, that the LACP relates to the subproject’s corridors of impacts for the main infrastructures including provision of treated water through a main to the relocation site of the Xe Pian-Xe Namnoy HPP. Construction of streets and houses on this relocation site is ongoing under the responsibility of stakeholders of that HPP. The name of this governmental land used as relocation site is “dongbak” meaning forest (tree/bushes) and was not used by private persons before.

39. The WS S P design for subprojects will restrict its alignment options of main, distributor and rider main pipelines to existing R oW as illustrated in Attachment 1.3. Their definitions have been included in the WS S P’s R F with reference to the Lao R oad Law as the guideline setting out the principles and regulations for public roads outside of urban areas, and divides public roads in Lao PDR into six classes, viz. (i) national roads (Width of road limits WR L: 50m), (ii) provincial roads (WR L: 30m), (iii) district roads (WR L: 20m), (iv) rural roads (WR L: 10m), (v) urban roads (WR L defined by urban master plans), and (vi) special roads. The road classes and their corresponding road limits are defined as the total width of the road, including road surface, shoulder, footpath, drainage ditch and the reserved zone. No development or activity is permitted within the reserved zone for the road, except with the specific permission of the R oad Authority.

40. The Urban Masterplan and the R ules and R egulations of Town Planning govern the planning, design and construction of urban roads. There are five types of urban roads, viz. (i) arterial roads (R ight-of-Way: 30m), (ii) sub-arterial road (R oW: 20m), (iii) collector road (RoW: 15m), (iv) distributor road (R oW: 12m), and (v) small residential roads (R oW: 4 to 6m). The regulations define the road R oW for each class of urban road. The R oW area serves as a guide for road construction and road widening. Within the R oW, no construction is permitted except buildings serving for traffic, or public facilities (footpath, electricity, water supply, drainage, telecommunications facilities, decorative features and advertisements).

3.1 Permanent Land Acquisition

41. The land acquisition concerns sites (intake, WTP, reservoir, office) or areas of linear nature (access roads, raw and treated water mains). A land acquisition screening has been prepared under Attachment 1 indicating that there is no loss of private land. For any land requirement concerning the proposed water supply infrastructure governmental land will be allocated by the S anamxay District as contribution to the subproject.

3.2 Temporary Land Acquisition

42. Any temporary site installation and access roads the contractor will have to propose in a site installation and access plan and obtain approval by the resident site engineer. Where possible, public land will be used for temporary land use. Through a transparent and


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contractual approach, the E mployer will provide the contractor with the project’s land acquisition and compensation principles to ensure that (i) official compensation rates are applied, (ii) re-instatement of affected assets contractually defined, (iii) consultation taking place, (iv) grievance mechanism followed, (v) E MP applied, and (vi) other items specified.

3.3 Affectedness

43. The affected assets and related owners are summarized in Table 1. The acquisition requirements does (a) not concern private land, and (b) relates only to temporary disruption to private, communal and/or public premises, but also (c) does not cause restriction of community/public services, and (d) will not lead to loss of access to assets, income sources, or means of livelihoods. There are also (e) no requirements for resettlement by this subproject as no physical displacement of people will take place.

44. There is no cost estimate for loss of permanent household owned assets, as there are no cases of private households affected. However, a non-operating sand-rock mining company at the S anakam R iver has secondary structures (2 wooden huts, 1 zin shed, and 2 electric power poles) on the proposed WTP area which he agreed to dismantle as he established them some years ago on governmental and private land without agreement of the District and private owner respectively.

45. There is no loss of temporary income to report, as the installation of main and distributors will not cause economic cases to be compensated, because of proposed construction methods (excavation by machine or hand, provision of temporary pathways, direct backfilling of trenches, others).

46. The villagers contacted during the consultation meetings and/or transect walks after discussions with village authorities, indicated their willingness to support the subproject.

Table 1: S ummary of Subproject A ffected Assets, Owners and S everity of Impacts

Type of Affected Asset

Components L evel of

Affectedness

S everity of

Impact AH Company Admin.

Unit WS

VE I Access R aw

Water Treat-ment

Distri-bution

Impacts on Physical Assets R es. Land

0 None

0

Productive Land Com. Land x

Minor Negligible Gov. Land x x x x Prim. S tructures 0

None S ec. S tructures x None 1 Trees x Minor District Impacts on Income Activities Disruption to Income PWTS 0 None 0

Abbreviations for Water S upply and S anitation (WS S ) Components A:= Access IT:=Intake PS := Pumping S tation PWTS := Potable Water Transmission S ystem Dr:= Drains Di:= Distributors WTP:= Water Treatment Plant R WTM:= R aw Water Transmission Main

M:= Main R := R eservoir WT:= Water Tank PNPO:= Provincial Water S upply Operator Office

Abbreviations for Village E nvironmental Improvements (VE I) Components Infrastructure R := R oad F := Footpath Dr:= Drains IO:= Infrastructure Others Facilities PO:= Public Offices PT:= Public Toilets M:= Market FO:= Facilities Others


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4. S OCIO-E CONOMIC INFORMATION AND PR OFILE

4.1 S ocio-E conomic Baseline

47. S upported by the fieldwork (DMS , PMS , consultation meetings in villages and transect walks) performed by the PIU, DCO and PIA, it has been noticed that the overall socio-economic situation and features of the subproject villages concern all villagers. The information of this section 4.1 as well as section 4.2 therefore present the socio-economic description of the subproject as presented in the socio-economic survey report (Appendix C) of this feasibility study.

48. S anamxay District (population 33,771 in 2015) lies in the western part of Attapeu Province, 37 km from S amakkhyxay (provincial capital), about 867 km from Vientiane. It is also the seat of the district capital. The S anamxay sub-project has seven (7) core villages, one new resettlement site (3 villages) and future expansion area (two villages). The proposed service area has a total population of 12,032 and future extension area have 2,836 as of 2017. The population of the relocated people is 2,788. The local economy is based on subsistence agriculture with some trade and government service. (i.e. villages that have urban characteristics and population densities that would enable a financially sustainable water supply system to operate), with a total population of 9,244 as shown in Table 2.

Table 2: Core and E xtension V illages of S anamxay S ubproject and their Population

Villages Base Population Projection 2017 2022 2032 2042

Growth R ate - 2.50% 2.50% 2.50% 1 Mitsamphan 3,719 4,331 5,519 6,727 2 Hatphila 582 675 864 1,053 3 Oudomsouk 834 967 1,238 1,509 4 Oudomxai 1,735 2,011 2,575 3,139 5 Hatxaykham 616 714 914 1,114 6 Donsoung 509 590 755 921 7 Hatgnao 1,249 1,448 1,853 2,259

SUB Total 9,244 10,736 13,718 16,722 Future E xpansion Area

1 Donphai 1,757 2,037 2,607 3,178 2 Donsua 1,079 1,251 1,601 1,952

SUB Total 2,836 3,288 4,208 5,130 Newly addition

1 Mai 747 866 1,109 1,351 2 Thahin 953 1,105 1,414 1,724 3 Khokkong 1,088 1,261 1,615 1,968

SUB Total 2,788 3,232 4,138 5,043 Grand Total 14,868 17,256 22,064 26,895

49. The population, number of households, and household size of the core villages in the proposed S anamxay water supply system (existing and new villages) were gathered from S anamxay District government sources, and, where possible directly from the villages listed.

50. Annualized population growth for the whole of Attapeu Province was 2.2% for the 2005-2015 period. This is one of the highest growth rates of all provinces in the Lao PDR . Population growth data supplied by the S anamxay District government was 2.98% for the whole district and 3.62% for the seven villages that make up the sub-project. Calculations for


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these 7 villages constituting S anamxay sub-project over the 2005-17 period produced a higher rate of 4.9%. However, given the high poverty rate in several of the S anamxay villages, for the purposes of water supply system design it was decided to use a growth parameter of 2.5% and a daily water usage of 80 liters per person per day. The percentage of households with an improved water supply is 62.7% (Lao PDR =61.4%), and a piped water supply 4.7%, compared with 6.6% for the whole country. An improved sanitation facility was enjoyed by 51.2% of the population, lower than the national figure of 73.2%. 77.9% of households were connected to the electricity grid. The local economy is based on subsistence agriculture with some trade and government service. Most of the respondents in government service lived in Midsamphan or Hadyao. The main occupation is farming, with 70% of men and 75% of women, with another significant group working in rice cropping and animal breeding (cows, pigs and poultry) and trade. The occupation distribution shows some differences between male and female occupation patterns, such as a higher percentage of women worked as traders or small business operators, and a higher percentage of men were government officials, and more women were farmers. The big difference in personal income amongst the various ethnic groups in S anamxay is significant. The major ethnic group, the Lao Loum, enjoyed an income over three times that of the main ethnic minority group, the Cheng. Differences can be seen in occupations – although farming was the majority occupation for all ethnic groups, 94% of both male and female Cheng heads of households were farmers compared with 59 and 60% of Lao Loum; 3% of Cheng males were government officers compared with 22% of Lao Loum; and 19% of Lao Loum women were traders compared with 0% of Cheng. Talieng were mainly farmers, with a few traders.

51. Poverty in urban Laos is mainly linked to rural-urban migration and the lack of labor opportunities for many of the migrants. In S anamxay, only Midsamphan is categorized as an urban village, while the other six are classed as rural villages. The district poverty rate for the seven villages was given as 4.8% for 2015, while the seven village administrations between them had recorded 138 HHs, giving a rate of 8.1%. The household sample survey found that 24.6% of respondents reported an income below the official government poverty line. Overall district poverty rate was 13.6%. The three sets of data showed significant differences – district data had Hadsaikham as the poorest village, village data had Oudomsouk, and the HH sample survey had Oudomxay and Hadphila as the poorest villages. The subset of seven sampled villages had 43 poor HHs (24.6%). The poor were disproportionately found in Oudomxay and Hadphila villages. Overall 15% of the HHs had one or more disabled members, most of whom were in the poorer villages: Oudomxay and Hadphila, and also the central village: Midsamphan. Female-headed households constituted 7.4% of the sample, compared with 3.6% from village authority data. The Cheng and Brao ethnic groups were over-represented in the poor households, and the Lao Loum and Oy under-represented

52. The seven villages of Sanamxay town each have an ethnic majority: Midsamphan, Hadyao and Oudomsouk are Lao Loum, while Hadphila is Brao, Hadsaikham is Y ru, Donsoung is Oy, and Oudomxay is Cheng. Based on the survey conducted about 33% are Lao/Tai, 19% Cheng, Yru 11%, Oy 20%, Brao 15%, and Lavi 2%. E ducation level and income correlated closely: for females there was significance at 0.05 level, and for males at 0.01. The Lao had overall a significantly higher education level than did other ethnic groups. For example, about 50% of Lao heads of households had better than a primary education, but for other ethnic groups the figure was 19%. About 34% of the sample survey respondents had Lao as their first language. The second most common language spoken was Oy, at 19%. Two Lavae speaking Brao households did not speak Lao. All others spoke Lao as a first or second language.

53. The sex ratio (M: F ratio) in the seven sample villages was given at 1.05 by the village records (meaning that there are more males than females), higher than the national average of 1.01 (2015 census). However, the sample survey gave a ratio of 1.0, with the additional striking observation that females outnumbered males in all villages but Midsamphan (central village), where males outnumbered females by a factor of 27%,


13

suggesting that many males in the outlying villages have left home to work overseas or in other parts of Lao PDR , and that many men have come without family to Midsamphan village to work. Around 5.4% of households are headed by females, which is low for a district town (National Population and Housing census 2015 gives the national average for urban areas at 18.4%). The sample survey contained 7.4% women-headed households, which suggests the village data is a bit low. The Lao ethnic group had the highest percentage of women-headed households, at 10.3%, but in the village data they were one of the lowest, at 3.4%.

54. About 97% of respondents overall and in each of the villages owned the house they were living in, and 57% of houses overall were constructed from mixed permanent and temporary materials. Better quality houses tended to be found in Midsamphan and Donsoung, owned by Lao Loum and Oy people, and houses made from temporary materials were more common with Cheng, Y ru and Brao people.

4.2 S ocial Impacts

55. The subproject will provide water supply infrastructure of the subproject villages. It also includes village environmental improvement activities, where village infrastructure has been selected for design and construction or rehabilitation, as discussed between village representative, DCO and PIA. In addition, there are other benefits, such as but not limited to, health improvement, educational awareness on WS S , assumed increase in households’ income activities, because of reduced or no time budget required for family members concerning water collection.

56. The social impacts are overwhelmingly positive as the villages will experience a better and reliable water supply leading to an increase of their living quality. There are no negative impacts on private physical assets, and also no economic adverse impacts on AHs.

57. For these reasons the consulted villagers appreciated very much the WS S P, and expressed their motivation to collaborate with the subproject.

4.3 Profile of Affected Households

58. There are no AHs.

59. Therefore no information about socio-economic, vulnerability, ethnic groups and severely affected households to provide.

4.4 Affected Company

60. There is a sand-rock mining company, which had made some investments on the proposed WTP and adjacent private land (the later will not be required by the subproject) already some years ago. PCU and PIA understand, that the Chinese owner of this “Xayamphone Company”, Mr. Alui, however has stopped his investments probably for company internal business reasons and change in the market for construction material. This occurred already before the start of the WS S P.

61. Therefore, the proposed subproject did not cause business impact on this company and his owner.

62. PIA understands, that these investments, however, were undertaken on private and public land, but with no agreement of both private and governmental land owners respectively. Based on the elaboration in this matter by PCU and IA, they agreed with the Mr. Alui that he will dismantle these secondary structures, which he did in February 2018.


14

63. It is understood, that this unsatisfactory situation exists since longer time already, and that the WS S P is now another reason to find a solution in this matter, which actually was found by having Mr. Alui and the S anamxay District signing an agreement on 22 December 2017 (see Attachment 4.1-2), where (a) Mr. Alui in general acknowledged that he shall remove his assets from private and public land, and (b) in the specific case that these assets will be used by the civil contractor during the construction and as per the signed minutes, the contractor and Mr. Alui may mutually agree on compensation of the secondary assets on the site.


15

5. INFOR MATION DIS CLOS UR E , CONS ULTATION AND PARTICIPATION

5.1 R equirements

64. In general a meaningful consultation is a process that (a) begins early in the project preparation stage and is carried out on an ongoing basis throughout the project cycle; (b) provides timely disclosure of relevant and adequate information that is understandable and readily accessible to affected people; (c) is undertaken in an atmosphere free of intimidation or coercion; (d) is gender inclusive; (e) enables the incorporation of all relevant views of affected people and other stakeholders into project design and implementation; and (f) ensures the participation of AHs in planning, implementation, and monitoring and evaluation of resettlement programs.

65. For this subproject both a final detailed inventory of loss and a survey of all AHs have been carried out during detailed design stage determining a record of accurate measurements of type and level of loss. The DMS established the cut-off date for the AH’s eligibility of entitlements. These steps are embedded in a transparent consultation process with further public village meetings both during detailed design and construction stages as defined by the WS S P’s RF . The APs have been and will be properly informed of all subproject activities. The information includes the specific activities, schedules, impacts and mitigation measures. The information is provided through public meetings led by PIU and/or DCO and village authorities and/or committees as required in the consultation and participation section of the R F.

5.2 Achievements

66. The disclosure of LAC information, consultation and participation of residents in the subproject took place in S eptember 2017 for the feasibility study and in October 2019 related to the detailed design stage. The contacted residents have a good understanding about the subproject and its land acquisition related aspects. The contacted villagers (i) show repeatedly an open attitude and a confirmed very supportive behavior towards the subproject as water supply and sanitation are topics of high interest, and (ii) did not raise serious concerns or issues. The E MMP provides for specific requirements to the contractor to protect community members during construction and for the operator during the operation of the facilities.

67. Provincial and district officials, as well as village representatives, households and families have been informed about the subproject in general and LAR C aspects in particular. The subproject ensured that APs and other stakeholders have (a) obtained information about LAR C aspects, and (b) opportunities to participate in the LAR C process. In addition VE I consultation took place during the feasibility study. An overview about related governmental coordination and community consultation has been prepared in Attachment 2, which covers LAC as well as the VE I component.

68. The dissemination and consultation activities are performed as an integral part of the resettlement planning process to inform the concerned villages about LAR C items through (a) village meetings and (b) individual clarifications, in addition to (c) transect walks. During LAC fieldwork, the staff of E A and IA, as well as PIA consultants provided information about participation of affected persons in land acquisition activities, the involvement of district and village leaders in the overall process, type of compensation and mitigation measures.

69. The feedback of consulted people given to E A, IAs and PIA in site meetings as well as further consultation and discussion during surveys and consultation with villagers and findings have been considered by the preparation of this LAC report. On-site consultation will have to be completed during construction phase.


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6. COMPLAINTS AND GR IE VANCE R E DRE S S ME CHANIS MS

6.1 R equirements

70. These mechanisms are defined in the Project’s R esettlement Framework aiming at the participation of APs throughout the various stages of LAR C planning and implementation of subprojects. The information for APs about entitlements, compensation and supportive mitigation options and grievance mechanisms shall be provided by the Project’s relevant agencies and committees. Meetings with APs also allow the implementing agencies to identify the needs and preferences of APs pertaining to compensation and rehabilitation assistance and to reduce any negative potential impacts caused by the proposed subproject.

71. In terms of grievance redresses, the consulted villagers have been briefed about rights to grievance and the procedures in case LAR C items would become a subproject related issue. This shall be repeated through pre-construction meeting in villages near the site. This will be public meetings organized through the PIU. Local stakeholders, the contractor and construction supervision consultants will be present. The work program including review of the subproject’s infrastructure layout will be presented. The safeguards including LAR C, environment and gender aspects will be explained as will the GRM.

6.2 Grievance Approach

72. The main steps outlined in Table 3 serve as an orientation for the grievance main approach. For each step details shall be described, agreed and explained to both resettlement responsible committees and the AHs. As a general policy, the implementing agency will work proactively toward preventing grievances through the implementation of impact mitigation measures and community liaison activities that anticipate and address potential issues before they become grievances. In case unanticipated impacts may occur and if the mitigation measures are not properly implemented, or unforeseen issues occur, the outlined procedure will be followed for the GR M by the subproject. The objective of the grievance redress mechanism is to resolve complaints as quickly as possible at the local level through a process of conciliation, and if that is not possible, to provide clear and transparent procedures for appeal.

73. The subproject’s GR M will rely on the existing village arbitration units (VAU) that have already been established in the core villages. The Village Development Committee (VDC) generally consists of the village chief, deputy chief, village secretary, and village representative of the Lao Women’s Union, Lao F ront for National Construction, village elders, youth, and village land taxation unit. The VDC is responsible for settling disputes between villagers through conciliation and negotiation. In the absence of these units, the members of the village committee (if formed) or the villager leaders will act as grievance officers. The AHs may present their complaints to the concerned local administrative officials and resettlement committees. The complaint can be filed first at the village level and can be elevated to the highest or provincial level if the APs are not satisfied with the decisions made by the village and district levels/committees. APs will be exempted from all taxes, administrative and legal fees associated with their claims and grievance redress.

74. However, APs are entitled to lodge complaints regarding any aspect of the preparation and implementation of this LACP without prejudice to their right to file complaints with the court of law at any point in the process. The implementing agencies will shoulder all administrative and legal fees that will be incurred in the resolution of grievances and complaints.

75. Complaints can be made verbally or in written form. It is recognized that members of AHs might not have writing skills or ability to articulate their grievances verbally, however, then AHs are encouraged to seek assistance from the subproject and/or nominated local


17

non-governmental organizations and/or other family members, village heads to have their grievances recorded in writing and to have access to the LAR C documentation, and to any survey or valuation of assets, to ensure that where disputes do occur all the details have been recorded accurately enabling all parties to be treated fairly. In the case of verbal complaints, a written record of the complaint will be made during the first meeting with the complainant.

76. All complaints and resolutions will be properly documented and be available for (a) the public and (b) review for monitoring purposes. At each stage of the grievance redress mechanisms (GR M), careful written records will be maintained. The VDC/VAU will submit reports to the DPS C documenting (i) the complaints received; (ii) the names and other pertinent information about complainants; (iii) the dates of the original complaint, meetings and any other actions; and (iv) the outcomes and/or resolution. The DPS C, PPS C, and DWS will each maintain similar records for appeals that are submitted to them. The records of grievances will be included in regular progress reporting on the subproject.


18

Table 3: Project Main S teps of Grievance Mechanisms

S teps, Actions and L evels of Intervention Time

▼

V I L L A G E (S U B P R O J E C T A R E A ) Address: Villages’ offices Contact Person: Head of villages (names provided) Phone: Number is known among the villagers and the residency too

1

1.1 In the first instance, complainants will raise complaints or grievances to the Village Development Committee (VDC) or other designated village arbitration unit (VAU).

1.2 The VDC / VAU will organize a meeting with the complainants to resolve the issue using its traditional methods of conciliation and negotiation.

1.3 The meeting will be held in a public place and will be open to other members of the community to ensure transparency.

1.4 The VDC / VAU aims at clarifications and amicable solution with the complainant. 1.5 This mediation aims at a village internal immediate solution agreed with the subproject. If the complaint cannot be solved at this stage, the next step is to apply.

Max. 5

days

▼

D I S T R I C T I M P L E M E N T I N G L E V E L Address: S anamxay office, DNP or (PIU) Contact Person: 1. District governors (names provided) Phone: Number is known by village representative directly or indirectly through DWS and PIU

2

2.1 Complainant can bring the complaint to the District Project S teering Committee (DPS C). 2.2 Involvement of District Resettlement Committee (DR C). 2.3 Contribution of local administration. 2.4 Participation of village representative/s. 2.5 DPS C / DR C will meet with the complainant and VDC /VAU to discuss the complaint. 2.6 DPS C / DR C to provide its decision aiming at a mutual arrangement to solve the complaint. If the complaint cannot be solved at this stage, the next step is to apply.

Max. 10

days

▼ P R O V I N C I A L I M P L E M E N T I N G L E V E L

Address: 1. Attapeu, 2 PIU Contact Person: Published

3

3.1 Complainant can appeal to the Provincial Project S teering Committee (PPS C). 3.2 Involvement of Provincial R esettlement Committee (PR C). 3.3 Contribution of authorities. 3.4 Participation of village representative/s 3.5 PPR C will meet with PRC/DRC and the complainant to clarify the complaint. 3.6 PPS C to inform about its decision aiming to solve the complaint. If the complaint cannot be solved at this stage, the next step is to apply.

Max. 10

days

▼ M I N I S T E R I A L P R O J E C T E X E C U T I N G L E V E L

Address: 1. DWS , 2. PCU

4

4.1 The complainant can submit his/her grievance to Department of Water S upply (DWS ). 4.2 DWS acts on behalf of the MPWT. 4.3 DWS to verify with PR C and DR C. 4.4 DWS might consider an independent external opinion in this matter. 4.5 Ministerial decision about solution. If the complaint cannot be solved at this stage, the next step is to apply. Before applying step 5, additional efforts should be made to find an agreement between Project and AH.

Max. 10

days

▼ C O U N T R Y

5

5.1 F inal step to solve land acquisition, boundary and/or compensation issue. 5.2 The complainant may submit through DWS his/her case to the Court of Law. 5.3 Court will take note and register the case. 5.4 Court to provide final juristic decision. 5.5 In case of required actions the complainant and/or sub-project proponent have to follow.

Max. 10

days

1-5 A S I A N D E V E L O P M E N T B A N K

Web page: https//www.adb.org/site/accountability-mechanism/how-file-complaint


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7. LE GAL FR AME WOR K

7.1 Lao R equirements

77. The Project’s R F describes the legal framework. E ach subproject has to follow relevant Lao PDR laws, decrees and regulations including but not limited to the:

Lao PDR Constitution, dated 1991, describing very generally among others the (a) socio-economic system, (b) fundamental rights and duties of citizens, (c) local administrations, (d) judicial organs.

Lao National Land Law, dated 2003, including among others (a) defining land use and land ownership, (b) describing land tenure system, (c) providing the regulation framework for compensation of land but also including relocation of people that are affected by development schemes.

Lao National Forestry Law, dated 1999, including among others (a) defining policies on forest and watershed management, and (b) promoting conservation and rehabilitation of forest resources.

Lao National Water and Water R esources Law, dated 1996, including among others (a) principles/rules defining exploitation of the water and water resources, (b) management regulations for protection and preservation of the water and water resources, (c) outlining water resources classification systems including the use of water resources.

Lao National R oad Law dated 1999, including among other (a) describing public roads and road activities, (b) defining management and land use for roads, (c) explanations to construction of roads and monitoring of roads’ conditions.

Decree No.192/PM of the Prime Minister, dated 7 J uly 2005, concerning the compensation and resettlement of people affected by development projects. This decree has been replaced by a new improved Decree No.699/PMO of the Prime Minister Office 12 March 2010 on Compensation and R esettlement of Development Projects. Decree No. 84 dated 05/04/2016 on Compensation and R esettlement Management in Development Project is meant to replace the Decree No. 192.

R egulations for Implementing the Decree of the Prime Minister on Compensation and R esettlement of People Affected by Development Projects (No.2432/S TE A, dated 11 November 2005), are currently assumed remaining valid and to be applied.

Decree 112/PM on E nvironmental Assessment (E A), dated February 2010, outlines requirements on a social management and monitoring plan (SMMP) to define social activities, prevention and mitigation measures, as well as compensation and livelihood restoration of potential AHs.

R eduction of Poverty Fund’s S ocial and E nvironmental Guidelines dated 2008. 7.2 ADB R egulations

78. In general, the national Lao policies on land acquisition, compensation, assistance and resettlement are aligned with the ADB’s key guidelines for involuntary resettlement:

S afeguard Policy S tatement, dated J une, 2009. Operational Manual S ection F1/OP, dated March, 2010.

7.3 Agreed K ey Principles

79. Based on these key references as determined in the R F the Project has defined the following key principles aiming at LAR C objectives the subprojects shall achieve, as shown in Table 4.


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Table 4: Agreed LAR C K ey Principles of Project

No. Topic Descriptions as defined in Project R F 1 Land Acquisition,

Compensation and R esettlement (LAR C) Planning

Involuntary resettlement and impacts on land, structures and other assets and incomes shall be avoided and minimized by exploring all alternative options, including the use of public land.

2 E ntitlement & E ligibility of Affected Owners/Users

APs residing, working, doing business and cultivating land within the required project area at the date of the census (the cut-off date) will be entitled to compensation according to the DMS and the entitlement matrix. They may also be entitled to rehabilitation assistance to assist them in improving, or at least maintaining their pre-project living standards and productive capacities as necessary.

3 Lack of formal legal title or recognizable legal rights will not be a bar to eligibility for compensation and assistance under the Project. APs will not be displaced from affected land until the village allocates suitable alternative land of similar characteristics or compensation is paid that is sufficient to purchase acquire suitable land within the same or neighboring village.

4 Compensation For Affected Persons (APs) And/or Affected House-holds (AHs)

All compensation will be based on the principle of replacement cost (free from taxes, registration and land transfer costs) at the time of compensation.

5 The process and timing of land and other asset acquisition will be determined in consultation with APs to minimize disturbance.

6 Where houses and structures are partially affected to the degree that the remaining portion is not viable for its intended use, the Project will acquire the entire asset, and APs will be entitled to compensation at replacement cost for the entire asset.

7 Consultation and Participation of AHs/APs

APs will be systematically informed and consulted about the Project, the rights and options available to them and proposed mitigating measures. The comments and suggestions of APs and communities will be considered and taken into account within stipulations of the updated LACF for additional financing.

8 The key information in the LACP such as measurement of losses, detailed asset valuation, compensation and resettlement options, detailed entitlements and special provisions, grievance procedures, timing of payments and displacement schedule will be disclosed to APs in a timely manner and in understandable form and language such as the distribution of public information booklets (PIBs) through public consultations and direct communication with AHs including PIBs

9 Gender Aspects R esettlement identification, planning and management will ensure that gender concerns are incorporated, including gender-specific consultation and information disclosure. This includes special attention to guarantee women’s assets, property and land-use rights, and to ensure the restoration of their income and living standards.

10 Culture and R eligion

Existing cultural and religious practices will be respected and, to the maximum extent practical, preserved.

11 Vulnerable Groups Special measures will be incorporated in the resettlement plan to protect socially and economically vulnerable groups. Vulnerable APs will be provided with additional assistance ensure that they are equal beneficiaries of the project and are not further disadvantaged

12 Compensation and rehabilitation assistance for vulnerable groups will (i) be carried out with respect for their cultural values and specific needs and (ii) ensure that they are not disadvantaged by the process of land acquisition.


21

No. Topic Descriptions as defined in Project R F 13 Grievance R edress

Mechanism There will be effective mechanisms for hearing and resolving grievances during updating and implementation of the LACP without impeding access to the country’s judicial or administrative remedies. Grievance redress mechanisms will include representation from the APs, especially women, minority ethnic groups, and other vulnerable groups.

14 Institutional Arrangements

Institutional arrangements will be in place to timely and effectively design, plan, consult and implement the land acquisition, compensation, resettlement, and rehabilitation programs. R esettlement committees will include representatives from APs especially women and vulnerable groups.

15 R P Budget Adequate budgetary support will be fully committed and made available to cover the costs of land acquisition and resettlement within the agreed implementation period.

16 Monitoring & E valuation

Appropriate reporting, monitoring and evaluation mechanisms will be identified and set in place as part of the resettlement management system. Monitoring and evaluation of the land acquisition, resettlement and rehabilitation processes and the final outcomes will be conducted by an independent monitor

17 Voluntary Donation Voluntary donation will not be applied for any assets or losses of land.

Note: F or an easier thematic overview, PIA included the column “topic” into this table as provided by the Updated Land Acquisition and Compensation F ramework.

80. These all support the guiding principle of ADB that “...project affected people compensated and assisted so that their economic and social future will generally be at least as favorable with the project as without it”. This policy intends to ensure that the absence of formal and legal titles to land by affected grouped or individual users should be formal or legal reasons for non-compensation, and that “particular attention should be paid to the needs of the poorest affected persons including those without legal title to assets, female-headed households, and other vulnerable groups, such as indigenous people, and appropriate assistance provided to help them improve their status”. Currently, both ADB guidelines and policies, and Lao PDR national laws and regulations entitle subproject affected persons to compensation of private assets including land at replacement costs.

81. In general, the main principles of the government policies on land acquisition, compensation, assistance, resettlement, consultation, information dissemination, disclosure and grievance redress reflect those reflected in ADB’s S PS (2009). Where issues arise relating to compensation and assistance of APs that have not been specifically reconciled, the ADB’s S PS shall prevail. Decree 192/PM goes beyond ADB’s policy and provides APs living in rural or remote areas, or APs in urban areas who do not have proof of land-use rights and who have no other land in other places, will be compensated for their lost rights to use land and for their assets at replacement costs and other additional assistance to ensure they are not worse off due to the project. S hould APs be found to be non-titled and required to relocate, the proposed Project will ensure they are provided replacement land at no cost to the APs, or cash sufficient to purchase replacement land.

82. Main components of the compensation approach and relevance to the WS S P are shown in Table 5.


22

Table 5: WS S P Main Components of Compensation Approach

K ey Item Internationally Applied Best Practice

Lao PDR Legislation WS S P-AF

S cope of impact

Include all affected persons including those affected by construction and operational sites/facilities

All

Listed

Key

Items

Are

Mandatory

S hall include all affected persons in residential, agricultural and commercial areas that are: (i) permanently /temporarily

acquired, (ii) construction and O&M related, (iii) private and/or public areas

Definition of assets All fixed and movable assets

S hall define all assets: (iv) legally acknowledged, and (v) as identified during PMS /DMS

and S E S AH

Compensation to formal owners / users of assets

Compensation legally required

S hall be offered and provided to eligible: (vi) private users (vii) private organizations (WUG,

etc.) (viii) gov./public and communal

users

Compensation to informal / unregistered owners / users of assets

Compensation to be provide to users of assets and resources based on traditional rights

S hall be applied to eligible households or individuals: (ix) whose user rights are proven by

tax or other formal payments (x) socio-economically surveyed as

users of affected assets S pecial support to ethnic groups using assets S pecial mitigation

measures throughout the project cycle

S hall be for households or individuals: (xi) formally known or

acknowledged at community level as related to one of these groups

(xii) during pre-construction, construction and post-construction phases

S pecial support to vulnerable groups

Livelihood restoration

Compensation to be provided in addition to loss of assets, crops etc.

S hall include, among others: (xiii) income rehabilitation measures (xiv) others to be defined

R elocation Avoiding physical displacement

S hall be applied and shown through: (xv) technical optimized design of

proposed infrastructure (xvi) if not avoidable, relocated

house-holds shall receive (for no costs or payments) issued land titles for their new compounds

Timing of compensation and support measures

Before construction start of any infrastructure subproject

Before start of construction: (xvii) funds made available and

proven to be accessible conditional to release of construction funds

(xviii) paid and/or provided to affected individuals/households

Note 1: International best practices as applied by ADB, World Bank, others. Note 2: F inal resettlement planning shall provide details of these and other items


23

8. E NTITLEME NT, AS S ISTANCE AND BE NE FITS

8.1 E ntitled Categories Affected Persons

83. In general the subproject defines eligibility as “those people residing, cultivating and/or making a living within the area to be acquired for the project as of the formally recognized cut-off date should be considered as project affected persons for the purposes of entitlements to compensation, resettlement and rehabilitation assistance in accordance with the provisions of laws and regulations. Lack of legal land use certificate or any acceptable proof indicating land use right to the land or structure affected by the project should not bar any person from such entitlement/assistance.” In accordance with this definition for the purpose of resettlement planning the Project includes affected people as shown in Table 6. In the context of WS S P, different categories of people using or occupying land in a subproject area may be affected and, as a consequence, be designated as APs. These categories are determined on the basis of (i) Lao law and legal practice to define legal users including unregistered users; (ii) ADB policy regarding APs with affected structures; and (iii) a review of the conditions that are likely to apply in subproject areas.

Table 6: Project Categories of E ntitled Affected Persons

No. Categories of APs 1 Land:

Legal users include individuals, households or organizations with recognized land use rights evidenced by (i) documents such as a registered land title/certificate, survey certificates, land tax receipts, residency certificates and documents supporting customary land use rights; or, (ii) having applied for and awaiting receipt of recognized land use rights documents, e.g., registered Land Title. Legal users also include (iii) unregistered users that have written permission of village authorities to occupy and/or use land.

2 Land: Non-legal users include individuals, households or organizations without legal, possessory or recognized land use rights.

3 Primary and secondary structures: Owners of houses, shops and other structures whether or not a) there is recognized land use rights or b) a permit was issued to construct the structure.

4 Commerce and/or Business: Owners of businesses whether or not the businesses are registered.

5 Lease or permissory users: Users/occupants that lease or have permission to use affected land and/or affected structures (houses, shops, market stalls, etc.) whether or not a) the land and/or structures are owned by private parties or the S tate or b) the tenancy is based on a formal lease or permission of the owner.

6 Laborer and/or E mployees: Agricultural laborers, non-agricultural laborers and employees temporarily or permanently affected by the Project.

7 Crops and Trees : Persons/households whose crops (annual/perennial) and trees are affected by the subproject.

8 Use and/or access to common property: Persons or households who stand to lose access to common property resources and community assets (temporarily or permanently) due to the subproject.

Note 1: Categories 1 to 6 as listed have been defined by the RF . Categories 7 to 8 have been introduced by PIA during the implementation phase

Note 2: APs refer to affected individuals, households and private and public institutions; the latter includes, among others, government agencies. These would be APs for the purposes of identifying landowners and titles.


24

84. E ntitlements for each subproject affected household are based on the types and levels of losses. General orientation has been provided by the overall Project’s R F . The defined entitlements have been followed and complementary details provided by the explanations given below.

8.2 E ligibility

85. All APs who are identified in the project-impacted areas as of the cut-off date will be entitled to compensation for their affected assets, and rehabilitation measures sufficient to assist them to improve or at least maintain their pre-project living standards, income-earning capacity and production levels. The cut-off date represents the final day for verification of status of APs during DMS and S E S AH. Those who encroach into the subproject area after the cut-off date will not be entitled to compensation or any other mitigation, unless there has been a change in subproject design.

8.3 Voluntary Donation

86. APs and their households can also decide to donate those portions of their losses caused by the subproject. The RF defines conditions under which voluntary contribution can occur.

87. Although some AHs indicated their voluntary donation, there should be:

S ome additional support, through priorities for AHs concerning construction related employment and jobs, shall be included in contract negotiations with contractors who have to consider these AHs for rehabilitation and construction work related job opportunities, in case the AH would have an interest in such an occasion.

S afety net, in case their livelihoods would be affected more than expected. If external M&E proves necessary, some income restoration support could be designed in a participatory manner during construction and/or operation phase.

8.4 Loss of Assets and R esources

88. After completion of LAC field work including the PMS carried out in S eptember 2017 and J anuary 2018 carried out to collect information and data necessary, the feasibility study related LACP was completed in J anuary 2018. A detailed design DMS review in October 2019 confirmed that the proposed new WS S will take only place in the public right-of-way or governmental land, not causing impacts on a private owner of a non-operational sand-rock mining company.

89. A PMS has been conducted and confirmed through a DMS both leading to the IoL under Attachment 3.

90. Compensation rates were not assessed, as the company dismantled its assets on governmental land in agreement with the IA and district authority. In addition they were constructed without agreement and authorization of the governmental land owners. The entitlements are summarized in the subproject’s matrix in Table 7.


25

Table 7: S ubproject’s E ntitlement Matrix

Type of Loss Private Non-Private Mitigation Measures Implementation Issues

I. LOS S OF LAND A Temporarily Affected

A-1 Agricultural Land 0 0 A-2 R esidential Land

A-3 Commercial Land B Permanently Affected

B-1 Agricultural Land 0 0 B-2 R esidential Land

B-3 Commercial Land

II. LOS S OF HOUS E S & OTHE R S TR UCTUR E S C Temporarily Affected

C -1 Houses

0 0 C -2 S helter/Dwelling C-3 Fence C-4 Others

D Permanently Affected D-1 Houses 0

0

Dismantling the 2 wooden shelters and 1 zinc shed by the company.

Dismantling the steel electric power poles.

D-2 S helter/Dwelling 1 company D-3 Fence 0 D-4 Others 1 company

III. LOS S OF CR OPS & TR E E S E Temporary Loss of

E -1 Crops 0 0

E -2 Trees F Permanent Loss of

F-1 Crops 0 0

F-2 Trees 0 District Agriculture

Forestry Office (DAFO)

DAFO is the owner of about 20 shoots from the stump in surround seedlings and young trees (teak and maiduk) which they contribute to the subproject.

IV. LOS S OF COMMON PR OPE R TY R E S OUR CE S G Temporary Loss of S ervices

G-1 Administration

0 0 G-2 Water and S anitation G-3 Health and E ducation G-4 Transport G-5 Land

H Permanent Loss of S ervices H-1 Administration

0 0 H-2 Water and S anitation H-3 Health and E ducation H-4 Transport H-5 Land

V. DIS R UPTION TO BUS INE S S / COMME R CIAL ACTIVITIE S I Business Owners/Operators

0 0

This will be supervised during construction and construction measures (direct back-filling, temporary access ways, etc.) implemented

J S hop Owners/Operators K R estaurant Owners/Operators L Food / beverage vendor M E mployees/Workers

VI. INCOME R E S TOR ATION N Material Transport Allowance

0 0

O Housing Transition Allowance P Business Transition Allowance Q S pecial Assistance for

S ocially / E con. Vulnerable AHs and/or S everely AHs

R Other S upport Measures

Note: This E ntitlement Matrix is equivalent to the one as defined in the Project R F, but has item V additionally included.


26

8.4.1 Loss of Land

91. No cases of subproject affected productive land to report.

92. No cases of subproject affected residential land to report.

93. No cases of subproject affected commercial / business land to report.

94. It has been assumed that temporary land requirements for establishing construction installation areas and camps concern public land. No compensation costs are assumed for such cases. In case contractor/s would damage property the contractor/s will be obliged to pay compensation at replacement costs immediately to affected families, groups, communities or government agencies. Damaged property will be restored immediately to its former condition including reinstatement of land if unexpectedly and temporarily affected.

95. S tandard contractual obligations with contractor/s are to be applied as a precaution in contracts (i) to pay compensation immediately, and/or (ii) restore property to its former condition in case contractor/s would damage such property.

8.4.2 Loss of Houses and Other S tructures

96. No cases of subproject affected primary houses and structures to report.

97. One case of subproject affected secondary structures to report. It concerns a non-operational sand-rock company who has 2 smaller wooden huts, 1 zin shelter and two electric poles constructed on public land proposed for the WTP as well as private land, which is not affected by the subproject.

98. During construction temporary access ways to adjacent plots of land have to be provided by the contractor, who also shall contractually be bound to reinstate permanent access ways to the same or better condition than before the construction.

8.4.3 Loss of Crops and Trees

99. No cases of loss of private crops through the subproject to report.

100. There are teak and maiduk trees on the governmental land, proposed for the WTP, which are owned by DAFO, who indicated to contribute this loss. As the design re-evaluated the conditions and confirmed at the completion stage of the feasibility study this location for the WTP, the PMS did include the item trees in a general way. This has been reviewed by the DMS at detailed design stage leading to 20 shoots only which the DAFO confirmed to contribute.

101. There will be no damage of crops because of construction works that would be scheduled in accordance with harvesting period.

8.4.4 Loss of Common Property R esources

102. No cases of subproject affected communal services to report.

103. No cases of subproject affected communal land to report. The land required for the intake, WTP, reservoir and PNP office is governmental land, which the District S anamxay will contribute to the subproject.


27

8.4.5 Disruption of Business

104. No cases of loss of business to report. To avoid or minimize disruption for a short period of 1-3 days the contractor will be obliged to provide access ways, immediate backfilling and other measures.

9. R E LOCATION OF HOUS ING AND R E S E TTLEME NT

105. No relocation of houses or settlement through this subproject to report.

10. INCOME RE S TORATION AND R E HABILITATION

10.1 A llowances

106. No cases of allowances to report.

10.2 S pecial Assistance

107. No cases of allowances to report.

108. All residents of the core villages are potential direct beneficiaries of the subproject. It should be assured that (i) they would as a household also have access to free service connections as a private household, and (ii) should benefit from the VE I component.

109. There are no cases of encroachers or squatters to report.

11. R E S E TTLE ME NT BUDGE T AND FINANCING PLAN

11.1 Planned LAC Cost E stimate

110. An estimate for the specific subproject conditions considers under Table 8 no costs for compensation and mitigation, as (i) the company agreed to dismantle its assets on its own costs, and (ii) DAFO indicated to contribute the loss of trees to the subproject.

111. This estimate does also not include costs for resources related to safeguard implementing and M&E both at national (resettlement committee and specialist/s), provincial (resettlement committee and provincial project office), and district levels (resettlement committee, community development and safeguard officer/s. Costs related to Internal M&E are covered by the governmental budget, which is a contribution of Lao PDR for this Project, as well as by the PIA budget. Concerning E xternal M&E , the E xecuting Agency has a separate budget to contract an independent monitoring organization. E xternal M&E will be performed by a safeguard monitoring entity, which will be contracted by PCU separately using ADB funding.

112. All LAR C related costs will be financed by GoL counterpart funds. This includes, among others, compensation and mitigation costs for any resettlement impact on AHs. Operating costs of executing and implementing agencies concerning planning and implementing social safeguards are borne by the governmental budget.

11.2 Compensation and Voluntary Contribution

113. There are no cases to report.

114. During both feasibility study and detailed design related LAR C public meetings attending owners of assets and operators of restaurant / beverage vendors were informed by E A, IA and PIA that no loss of income is expected, as temporary disturbances through pipe installation will be mitigated through access over trenches, immediate backfilling and others during the


28

construction stage. This will be supervised during the installation of pipes in the right of way, to verify whether there are impacts and what actions would be required.

115. In general voluntary contribution would meet ADB regulations/recommendations for projects that directly benefit communities and require involvement of communities in decision-making, including among other and taking into account (a) confirmation of donation through verbal and written record and verified by an independent third party, (b) consultation with AHs and related adequate grievance redress mechanisms in place, and (c) voluntary contribution will not severely affect the living standards of affected persons. The process of voluntary contribution will be verified by the external/independent monitoring entity.

116. The design of WS S infrastructure has taken into consideration (i) technical aspects, (ii) engineering conditions, (iii) minimizing impact on land acquisition and disturbances on AHs during construction, and (iv) proposals from villagers concerning the VE I component. The proposed improvement of the subproject’s infrastructure can technically not be implemented in other locations.

11.3 Actual LAC Budget

117. The actual budget remains with no costs the same as the planned budget, as there are no changes between the feasibility study and detailed design related layout of the main infrastructure.

118. Costs for LACP and safeguards implementation are borne by separate budgets.


29

Table 8: S ubproject’s Land Acquisition and Compensation Budget

Item Description Amounts

[LAK] Comments

Loss of land Permanent land requirement

No costs

Loss of houses and structures

There are secondary structures (2 sheds, 1shelter, 2 poles) on the WTP area

The non-operating sand-rock mining company agreed to dismantle these assets on its own costs. This has been done in F ebruary 2018.

Loss of crops

No damage of crops by construction works. Limited or no access to irrigation for construction periods in accordance with construction works.

Loss of trees There are losses of teak and maiduk trees on the WTP area Contribution by DAF O

Loss of common property resources

The subproject does not cause any relocation of common properties.

Potential temporary loss of business income

The subproject is expected not to cause impacts on income.

This is a potential loss, only under the condition that mitigation measures (access over trenches, immediate backfilling and others) would not be successfully carried out during the construction stage. This potential impact will be reviewed during actual pipe installation works jointly by PIU and households, leading then to (i) a confirmation by the household of being a not-affected household, or in case of a real impact (ii) to have them offering their contribution of such a loss of income in accordance with voluntary donation guidelines or (iii) having them opting for cash compensation to be paid immediately.

Income restoration

The subproject does not cause any effects on change of income sources/strategies.

S urveyed heads of AHs informed that they do not expect any impacts on their livelihood. The subproject will implement: Preference/Priority to AH members for

consideration of temporary / permanent job opportunities.

Participating in subproject’s offer of free service connection.

Provision of land use certificates.

Additional assistance

No cases

Complementary measures

Planned S ub-Total 1: Mitigation 0

LACP and safeguard implementation

Administrative matters. S eparately budgeted.

Through GoL funding.

Monitoring & E valuation Through ADB loan.

Planned S ub-Total 2: Implementation S eparately budgeted

Contingencies (10% of subtotals 1) 0

Contingencies (10% of subtotals 2) n.a.

Planned S ub-Total 3: Contingencies 0

Planned TOTAL Applied exchange rate: 1 US$ = 8.500 LAK

0

US $ 0

Actual R equired TOTAL Applied exchange rate: 1 US$ = 8.500 LAK

S ubject of review during detailed design stage


30

12. INSTITUTIONAL AR RANGE ME NT

12.1 Project E xecuting and Management S tructure

119. The R esettlement Framework (R F) of the WS S P sets out detailed information on the institutional arrangements for the preparation and implementation of land acquisition, compensation and resettlement.

120. To ensure inter-agency cooperation at the national level, a National Project S teering Committee (NPS C) has been established. This PS C can meet regularly and as required to review and approve Project’s overall implementation progress, work planning, budgets, and provide overall policy guidance. A National Project Coordination Unit (PCU) within the Ministry of Public Works and Transport (MPWT) - Department of Water S upply (DWS ) under the guidance of its National Project Coordinator (NPC) provides secretariat services to PS C. Provincial Project S teering Committees (PPS Cs) have been established to ensure inter-agency coordination at provincial level. The PPS Cs are chaired by provincial vice governors with equivalent representation to that for the PPS Cs, including governors from the participating districts. The PPS Cs will meet regularly or as required to review implementation progress and to ensure adequate levels of coordination between key agencies for project coordination. The PIU will provide secretariat services to PPS Cs.

121. The MPWT – DWS is the E xecuting Agency (E A) and cooperates through its PCU closely with PNP as both are the key institutions playing crucial roles in the implementation of the WS S P and its subprojects as well as in ensuring safeguards. The PCU will receive overall direction and policy guidance from the NPS C, which includes representatives of the main central level agencies, including MoNRE . The key tasks of PCU in coordination with the Project’s Consultant includes, among others (i) review, endorsement and submission of LACPs, (ii) ensuring the performance of internal and external M&E , (iii) guiding coordination of land acquisition and civil works activities and compliance with conditions for the award of civil works contracts.

12.2 S ubproject Implementing and S upervis ion S tructure

122. The Project Implementation Unit (PIU) at provincial level is responsible as Implementing Agency (IA) to the day-to-day coordination and supervision of subprojects’ implementation. The PIU is headed by the Director of the PNP. The PIU will provide support in coordinating the provincial and district agencies and take decisions on behalf of the provincial government from the PPS C. Furthermore the PIU will also work in close collaboration with resettlement committees at the provincial and district levels, as well as with village authorities and organization representatives in the subproject villages.

123. The scope of the PIU’s activities includes (i) conducting AH census through socio-economic surveys and detailed measurement survey (DMS) of affected assets and due diligence following detailed engineering design; (ii) assessing losses and impacts of, AP entitlements and requirements for compensation and rehabilitation assistance, including updating the E ntitlement Matrix as required; (iii) meaningful consultation of and participation with APs to inform them about the subproject impacts, their entitlements, compensation rates, rehabilitation assistance and procedures and schedules for implementation of the LACP; (iv) assisting the work of the District R esettlement Committee (DRC); (v) conducting internal M&E combined regular reporting on land acquisition, compensation and resettlement activities; (vi) assisting in the external M&E , (vi) ensuring coordination of land acquisition activities and civil works, (vi) assuring LAC completion before start of construction, (vii) ensuring contractor’s approach on preferences of AH for temporary work opportunities.


31

124. At the district level the District Coordination Offices (DCO) headed by the District Governor, assist in the implementation of the subproject through mainly coordinating and supervising subproject activities. This includes among others, to oversee the subproject, monitor progress, review quality of work, coordinate the subproject with the PIU and local communities and report on the progress to the PPS C.

125. Both the Provincial Resettlement Committee (PR C) and the District R esettlement Committee (DR C) cover individually or jointly the following activities: (i) consultation with villagers, (ii) active participation in surveys, (iii) taking part in grievance mechanisms, (iv) certification of official lists of AH/AP, (v) provision of compensation rates (vi) applying defined support and assistance measures, (vii) preparing official and formal compensation entitlement forms, (viii) others. The village leaders play a key role in this context by assisting the DR C in planning and holding public meetings and/or individual consultations/interviews with APs. The village internal structures with chiefs, elders, and representatives of the LWU and/or LFNC will facilitate both to express complaints, if AP require in this matter and to resolve complaints from APs or other households by involving a village arbitration unit to hear to and resolve any complaints from APs and other stakeholders.

126. At provincial and district levels staff has been introduced and actively worked on LAR C tasks including (i) general introduction into LAR C planning was given, (ii) explaining country safeguard standards and Lao legal context, (iii) briefing provided about ADB involuntary resettlement and social safeguards standards, and (iv) describing compensation approach for the subproject. R elevant LAR C related legal documents were distributed to PIU staff who has been involved in the consultation process, DMS screening, IOL and socio-economic surveys.


32

13. IMPLE ME NTATION S CHEDULE

127. As of October 2019 the schedule of activities concerning the S anamxay subproject under Phase III and considers a construction period of 24 months starting in 2nd 2020. The commencement of operation of the WS S infrastructure is scheduled for 3rd quarter 2020.

128. A general overview about the Project phases has been prepared for the project phases in Table 9 indicating performed and scheduled activities of design and construction works, together with related LARC activities.

129. Concerning LAC activities, the surveys at feasibility study (PMS , transect walks) have been completed. S ub-project specific, there is the following status:

Land: No action required. No change in governmental land not privately used allocated for the construction of the main infrastructure.

S tructures: No further action required. In agreement with E A/IA the company dismantled the not anymore used secondary structures at the location of the WTP.

Trees: No action required. DAFO re-informed about the contribution of any governmental trees on

governmental proposed sites for water supply infrastructure. Income: No action required during detailed design stage, however during

construction stage. The installation of main and distributor pipes includes temporary measures

(access over trenches, immediate backfilling and others), so that the construction disturbances of 1 to 3 days will not lead to loss of income. However, during the installation taking place in the right-of-way (i) an inspection concerning impacts will be undertaken by PIU and village authorities, so that (ii) in case of a real impact to either have AHs donating this loss of income or requesting in-cash compensation to be paid immediately during the actual impact occurring. Restoration of access shall be ensured, though shall be implemented by the contractor.


33

Table 9: S tatus of Performed/S cheduled Activities of S amakkhyxay S ubproject


34

14. MONITORING AND R E POR TING

130. The LAC monitoring is embedded in the overall M&E approach of the subproject as defined by the WS S P’s LACF. The M&E distinguish between internal and external components. The technical approach of the LAC related M&E will have to be transparent, and any data or information made available to involved stakeholders in Lao and/or E nglish language, whichever is more comprehendible to a given stakeholder group. 14.1 Internal M&E

131. The PIU in cooperation with DCO and with support from PIA is responsible for internal monitoring of LAC implementation. The monitoring strategy should partly be based on a participative approach involving different stakeholders, such as communities, organizations, individuals, representatives and others, but certainly subproject affected people. A resettlement related internal monitoring concerns mainly LAC-performance in terms of whether the overall subproject and resettlement objectives are being met mainly with focus on (a) assessing if mitigation measures and compensation are sufficient, (b) identifying methods of responding immediately to mitigate problems through remedial actions, (c) smooth transition between LAR C activities and civil works, (d) updates of complaints overviews and their management applying GRM, (e) follow up of contract with contractor concerning social-environmental safeguard requirements (the provision of preferences of AH members for job opportunities in case of interest by AH), and (f) others, as regarded necessary. The internal monitoring covers also (g) the work of contractor in ensuring that no damage have been done to property/land during constructions and/or are reinstated as part of the contractually required rehabilitation and construction works. 132. The internal M&E has to orientate it methodology and apply key indicators as defined in the R F of the WS S P. Quarterly monitoring report from PIU will provide the achievements, progress and define remedial actions required. The PCU will verify and consolidate these reports in its quarterly M&E reports to be submitted to ADB. 14.2 E xternal M&E

133. Independent external monitoring of LAC aspects has been integrated in the subprojects overall external safeguards monitoring on an annual, mid-term and/or end-term basis. PCU will have to initiate this task to be carried out through an independent monitoring organization (IMO) possibly by an independent individual specialist, organization or authorities. The external M&E will include impact and effects monitoring including but not limited to the following: (a) involuntary land acquisition and compensation, (b) socio-economic effects, particularly changes in living standards and livelihoods, (c) documentation of conflicts and complaints and their status, (d) documentation of jobs by contractor provided to local residents, and (e) additional mitigation measures, as required. This monitoring will evaluate public, communal and/or private post-land acquisition impacts to assess whether impacts of the subproject, if occurring, have been mitigated. 134. The external M&E has to orientate it methodology and apply key indicators as defined in the R F of the WS S P. The IMO shall work closely together with the PIU and DR C in all activities. E xternal safeguards M&E reports will be prepared in accordance with the contractual agreed requirements through the implementation period of LAC reports.

ADB – MPWT: Water Supply and S anitation S ector Project Updated Land Acquisition and Compensation Plan – S anamxay S ubproject

35

ATTACHME NT 1.1: LAR C FACT F INDING: S CRE E NING & IR PR OJ E CT CATE GOR Y TE CHNICAL DE S CRIPTION

F E ATUR E S Y E S NO C AS E S 1. Upgrading or rehabilitation x New WS P scheme 2. Construction of new physical facilities x 3. R esidential subproject area x Both cases apply 4. Non-residential subproject area x

MA IN C OMPONE NTS Y E S NO DE S CR IPTION 5. Access x

New infrastructure

6. In-take x 7. Pump station x 8. R aw water pipeline x 9. Water Treatment Plant x 10. Water Tank / Water R eservoir x 11. Main for treated / potable water x 12. Distributors for treated / potable water x 13. Drains and access roads (VE I) x Improving existing infrastructure 14. Gov./ Public S ervice (offices, toilets) (VE I) x New components and existing ones to rehabilitate IMPACTS ON LAND AND OTHER AS SE TS AND R ELATE D FACIL ITIE S /S E RVICE S

GE NE R AL AS PE CTS Y E S NO E XPLANATIONS 15. R equirement of land acquisition x All governmental land for main infrastructure 16. S ites of land acquisition x 17. E asement utilized within existing R oW x 18. Permanent land acquisition x 19. Temporary land acquisition x If required by contractor during construction. 20. Change of ownership of land x 21. Change of usage of land x

L OS S OF A S S E TS Y E S NO DE S CR IPTION

22. Loss of residential (res. cum commercial land) x Disturbances of pipe installation to be managed through E MP, so that no loss of income will occur.

23. Loss of productive land x All other corridors of impact are within existing R oW. 24. Loss of residential structures x 25. Loss of productive structures x Huts, shelter and electric power poles on gov. land 26. Loss of trees /crops x

E FFE CTS ON COMMUNA L/PUBLIC FACILITIE S Y E S NO DE S CR IPTION 27. Loss of access to facilities x 28. Loss of access to services x 29. Loss of community assets/ ties x 30. Loss of cultural / historical properties x IMPACTS OF PE OPLE

PHY S ICAL DIS PLACE ME NT Y E S NO E XPLANATIONS 31. R eplacement of houses x 32. R elocation of households x

E CONOMIC DIS PLACE ME NT Y E S NO E XPLANATIONS 33. Loss of incomes x Disturbances of pipe installation to be managed

through E MMP, so that no loss of income will occur. 34. Loss of businesses/enterprises x 35. Loss of access to income sources x 36. Loss of access to natural resources x

A FFE C TE D HOUS E HOLDS / PE OPLE Y E S NO C A S E S AND NUMBE R S 37. Number of AH/AP x

None 38. Vulnerable AH/AP x 39. S everely AH/AP X 40. Non-owning AHs using land com./gov. land x F INDINGS

Category A B √ C D F easibility S tudy Detailed Design

Conclusion: There are minor impacts of assets and their owning affected households and/or users Note 1: The listed items are in accordance with checklists as defined by Lao PDR guidelines and ADB R egulations Note 2: R F required under Attachment 1 twelve questions to be check – they are covered in the same way or split

into several questions under items 15, 16, 17, 20, 22, 23, 24, 25, 26, 27, 28, 33, 34, 35, 36, 38, 39. The other items PIA include to provide additional information /data to cover more criteria of the subproject.


36

ATTACHME NT 1.2-1: FS S TAGE - LAR C FACT F INDING : S E LE CTED PICTURE D IMPR E S S IONS

PHOTO 1-3 PR OPOS E D INTAKE LOCATION: TY PICAL R IVE R E MBANKME NT AND ACCE S S CONDITIONS

PHOTO 4-6 PR OPOS E D WTP ARE A: CUR RE NT C ONDITIONS

PHOTO 7-9 CONDITIONS OF AFFE CTE D S TR UCTURE S AT PR OPOSE D WTP AR E A

PHOTO10-12: PR OPOS E D LOCATION FOR NE W RE SE RVOIR AND PNP PR E MIS E .

PHOTO: 13-15 TY PICAL ROAD IN THE VILLAGE S .


37

ATTACHME NT 1.2-2: DD S TAGE - LAR C FACT FINDING: S E LE CTE D PICTUR ED IMPR ES S IONS

PHOTO 16 CHOS E N LOCATION OF THE NE W PNP OFFICE AT MITS AMPHANH VILLAGE

PHOTO 17 E XIS TING ACCE S S ROAD TO NE W PNP OFF ICE

PHOTO 18 TO 19 PR OPOS E D LOCATION OF NEW TOWE R INTAKE ; E LE VATE D R E S E R VOIR AND WTP AT HATS AY KHAM VILLAGE NOTE : PE R MITTE D TE MPOR ARY S TOR AGE OF RIVE R S AND/GR AVE L ON DIS TR ICT OWNE D LAND, WHICH WILL BE

BR OUGHT BY ITS OWNE R TO THE PLACE OF FURTHE R TR E ATME NT

PHOTO 20 E XIS TING ACCE S S ROAD TO NE W TOWE R INTAKE ; E LE VATE D R ES E RVOIR AND WTP AR E A

PHOTO 21 E XIS TING ACCE S S ROAD IN RE LOCATION S ITE FOR AFFE CTE D ARE A R E S IDE NTS AT DONG BAK VILLAGE AND TO BE RE S PONSIBLE CONS TRUCTION NE W HOUSE BY SK ; E&C ; WP; RATCH AND LAO PDR GOVE R NME NT . LOCATE D ABOUT 2.5KM OUTSIDE OF S ANAMXAY TOWN NOTE : THIS RE LOCATION IS R E LATE D TO THE COLLAPS E

OF THE XE PIAN-XE NAMNOY HPP AND THE R E LATE D DAMAGE THROUGH FLOODING


38

ATTACHME NT 2.1-1: FS STAGE - LAR C PUBLIC CONS ULTATION & COOR DINATION ME E TINGS AND R E CORD S ummary on LAC during feas ibility implementing phase.

In S eptember 2017, 8 meetings took place with 570 participants (274 female) PIA project staff [5(0)]. The meetings took place in the district office of S anamxay district, as well as in the villages of (1) Mitsamphan, (2) Hatyao, (3) Oudomxay, (4) Oudomsouk, (5) Hatxaykham, (6)

Hatphila, and (7) Donesoung village. Areas of topics have been: project scope, timing, resettlement and environment issues, cut-off date, water supply system, connection policy, installation of meters, pipe laying,

temporary impacts, intake sites, water quality, protection of forests and water sources. Phase: Land Acquisition and Compensation related Consultation for Water S upply Component FS stage. DATE TY PE OF ME E TING AND L OCA TION AGE NCY PAR TICIPANTS DIS C US S ION / R E S PONS E S / OUTC OME S F OLLOW-UP A CTIONS WITH R E S PONS IBIL ITY

14 S ept 2017

District coordination and consultation meeting on LAR C (Assets loss, S E S AH, etc.) at S anamxay District 08.30-11.35

PIU District PIA

PIU Village

authorities District

Governor; DPWT; Land Lao

Women Union,

PIUs; Represen-

tatives of village authorities

Total: 29 participants By sex: - 1 female - 28male By E thnic Group: Lao-Tai 13 - Female 1 - Male 12 Mon Khmer 16 - Female 0 - Male 16 IA/PIA [7(0)]

District workshop meeting on LAC. Presentation: General introduction into topic; S pecific description on LAC; E xplanation on surveys method and techniques; Handing out Lao regulation; S ubproject related briefing on severe affectedness and impacts, temporary /

permanent loss of assets, vulnerable groups, entitlement; loss or no loss of land; E xplanation of ADB policy and Lao policy on entitlement and eligibility; Introducing of Grievance R edress Mechanism; E laborating on surveys; E xplanation of cut-off-date; E xplaining compensation of loss of assets, compensation, and contribution. Comments – Questions – Answers: General: Gov. staff expressed the importance of WS S ; Village authorities ensured their motivation of collaboration with the subproject. S pecific : Q1: Mr. Khamtan S ayalat deputy district governor, and Mr. Kaen chief of village

Hatsaykhan: Affected people can get compensation or could also donate the lost asset?

A1: PIA: Both options possible, but in any case the value of the affected assets at market costs have to be known by the owner of the asset.

Q2: S ome villagers: What are the conditions for the connections? A2: PIA: Pipe connection is free for every household who has toilet facilities and is

registered in a civil census family book, but should request pipe connection during the project construction work, otherwise households will have to pay during operation phase for this service. The length of free connection is 15 m, if longer then household has to provide the pipe. Installation remains free independent from length. One household can have one connection.


39

ATTACHME NT 2.1-2: FS STAGE - LAR C PUBLIC CONS ULTATION & COOR DINATION ME E TINGS AND R E CORD DATE TY PE OF ME E TING AND L OCATION AGE NCY PAR TICIPANTS DIS CUS S ION / R E S PONS E S / OUTC OME S F OLLOW-UP ACTIONS WITH R E S PONS IBIL ITY

Phase: Land Acquisition and Compensation related Consultation for Water S upply Component FS stage. 15

S ept 2017

Village consultation meeting Village: Mitsamphan Venue: Village meeting hall T ime: 08:45-11.10

PIU Village PIA

PIU Villagers PIA

Total: 50 participants By sex: - 34 Female - 16 Male By E thnic Group: Lao-Tai: 16 - 8 Female - 8 Male Mon-Khmer: 34 - 26 Female - 8 Male IA/PIA [7(0)]

Presentation: General introduction of project features and implementation phases; S pecific description on LAC; Introduction into ADB requirements and Lao Decrees both concerning land acquisition

and compensation; S ubproject related briefing on severe affectedness and impacts, temporary / permanent

loss of assets, vulnerable groups; E xplaining entitlement and eligibility; Briefing on compensation and voluntary contribution; E xplaining DMS and S E S AH to be conducted; Providing selected environmental aspects. Providing village office with “GR M sheet” as orientation for villagers in case of complaints

they would lie to raise. Comments - Question - Answer session during village meeting: General: Villagers welcome the project. S pecific: Q1: Mrs. Nay, teacher: (i) How about affected trees – compensation or donation? (ii) What about pipe connection – to be paid or for free? A1: PIA: (i) Affected trees should be compensated according to market unit rate.

However, owner of trees could also contribute them to the project; (ii) Pipe connection is free for every household who has toilet facilities and is registered in a civil census family book, but should request pipe connection during the project construction work, otherwise it is to be paid during operation phase for this service.

Q2: Mr. Bouasy, villager: (i) How much we have to pay for water? (ii) Construction start? A2: PIU, chief: (i) The price is 3, 000 Kip/m3 but price can be adjusted during operation

phase; (ii) S cheduled start construction is end 2018/beginning 2019 15

S ept 2017

Village consultation meeting Village:Hatyao Venue: Village meeting hall. Time: 13.30-16.05

same same Total: 122 participants By sex: - 74 F and 48 M By E thnic Group: Lao-Tai: 109 - 54 Female - 55 Male Mon-Khmer: 12 - 2 f and 10 M IA/PIA [7(0)]

Presentation: S ame as above Comments - Question - Answer session during village meeting: General: Villagers appreciated the presentation. S pecific: Qs: S ame as above As: S ame as above


40

ATTACHME NT 2.1-3: FS STAGE - LAR C PUBLIC CONS ULTATION & COOR DINATION ME E TINGS AND R E CORD DATE TY PE OF ME E TING AND L OCA TION AGE NCY PAR TICIPANTS DIS CUS S ION / R E S PONS E S / OUTC OME S F OLLOW-UP ACTIONS WITH R E S PONS IBIL ITY

16 S ept 2017

Village consultation meeting Village: Oudomxay Venue: Village meeting hall Time: o8.42-11.55

same same Total: 115 participants By sex: - F 44 - M 71 By E thnic Group: Lao-Tai: 3 - F : 2 - M: 1 Mon-Khmer 112 - F : 43 - M: 69 IA/PIA [5(0)]

Presentation: S ame as above Comments - Question - Answer session during village meeting: General: Villagers expressed their satisfaction about the subproject and offered support. S pecific: Q1: Mr. Lang, village security office: Affected house - will it be compensated? A2: PIA: Y es, either be compensated at market value, or damage repaired. Q2: Villager: s a connection to a house with a distance between 50 to 100m possible? A2: PIA: The length of free connection is 15 m, if longer then household has to provide

the pipe. Installation remains free independent from length. One household can have one connection.

Q3: Mr. Piam, villager: I have pumped water – do I need to take this new water source? A3: PIU chief: Households can have both pumped and piped water as sources. Q4: Female villager: We have to pay for water when the operation starts or is it free for

some time? A4: PIA: Possible testing period of 2-3 months?

16 S ept 2017

Village consultation meeting Village: Oudomsouk Venue: Village meeting hall Time: 13.45-16.45

same same Total 66 participants By sex: - F 45 - M 21 By E thnic Group: Lao-Tai:66 - F 45 - M 21 IA/PIA [5(0)]

Presentation: S ame as above Comments - Question - Answer session during village meeting: General: Villagers mentioned their high motivation to cooperate with the project; S pecific: Q1: Mr. S isamai, chief village: Could pipe construction affected house? A1: PIA: No, as the pipes will be installed in the footpath along the road, not in private

land. Q2: Mrs. Khan, villager: Connecting a house with a distance between 50 to 100m

possible? A2: PIA: The length of free connection is 15 m, if longer then household has to provide

the pipe. Installation remains free independent from length. One household can have one connection.

Q3: Mrs. Fong, villager: We have to pay for water when the operation starts or is it free for some time?

A3: PIA: Possible testing period of 2-3 months? Q4: S ome villagers: When is construction start? A4: PIA: S cheduled start construction is end 2018/beginning 2019


41

ATTACHME NT 2.1-3: FS STAGE - LAR C PUBLIC CONS ULTATION & COOR DINATION ME E TINGS AND R E CORD DATE TY PE OF ME E TING AND L OCA TION AGE NCY PAR TICIPANTS DIS CUS S ION / R E S PONS E S / OUTC OME S F OLLOW-UP ACTIONS WITH R E S PONS IBIL ITY

17 S ept 2017

Village consultation meeting at Hatxaykham village meeting hall T ime: 8.40-10.25

same same Total: 70 participants By sex: - F 35 and M 35 By E thnic Group: Lao-Tai:7 - F 0 - M 7 Mon-Khmer 63 - F 35 - M 28 IA/PIA [5(0)]

Presentation: S ame as above Comments - Question - Answer session during village meeting: General: Villagers expressed their expectation for improved living conditions through the project. S pecific: Qs: S ame as in previous meetings. As: S ame as in previous meetings.

17 S ept 2017

Village consultation meeting at Hatphila village meeting hall T ime: 10.45-11.55

same same Total: 65 participants By sex: - F 43 and M 22 By E thnic Group: Lao- Tai 3 - F 0 - M 3 Mon-Khmer 62 - F 33 - M 59 IA/PIA [7(0)]

Presentation: S ame as above Comments - Question - Answer session during village meeting: General: Villagers are very keen to get this project. S pecific, summarized: Qs: S ame as above. As: S ame as above. C1: Chief of village: The person collecting water fees should be a person from the own

village to avoid complication for collation of water fee. C2: PIU: This topic will be clarified with the start of operation of the water supply.

17 S ept 2017

Village consultation meeting at Donesoung village meeting hall Time: 13.54-16.49

same same Total: 53 participants By sex: - F 18 and M 35 By E thnic Group: Lao- Tai 1 - F 0 - M 1 Mon-Khmer 52 - F 18 - M 34 IA/PIA [7(0)]

Presentation: S ame as above Comments - Question - Answer session during village meeting: General: Villagers show high interest in the project. S pecific, summarized: Qs: S ame as in previous meetings. As: S ame as in previous meetings.

TOTAL PAR TICIPANTS F/M L AO-TAI F/M

MON-K HMER F/M IA/PIA [M(F )]

608 (F :267 / M:341) 218 (F : 110 / M: 108) 390 (F : 157 / M: 133)

49 (F :0 / M:49)]


42

ATTACHME NT 2.2-1: FS STAGE - VE I CONS ULTATION AND COOR DINATION ME ETINGS R E CORD

DATE TY PE OF ME E TING AND L OCATION AGE NCY PAR TICIPANTS DIS CUS S ION / R E S PONS E S / OUTCOME S F OLLOW-UP A CTIONS WITH R E S PONS IBIL ITY

14 S ept.

2017

8: 30

- 12: 00

Coordination meeting District Venue: Village meeting hall Time: 8:30 -11:30

PIU District PIA

PIU; Gov. staff; Village authority; Villagers; PIA.

District: Male: 21 Female: 1 IA/PIA Male: 7 Female: 0

The objective of field work is to organize consultation workshop in each village with the PIU of Sanamxay on VDC organization and VE I selection of priority projects. S imultaneously, preliminary survey/identification of poor households in the subproject areas of S anamxay shall be undertaken to address a sub-component of VE I for assistance to poor households who are not capable of building their own sanitary facilities. The objective of this joint field work also includes to conduct workshop and village consultation meetings with focus on land acquisition and compensation (LAC), grievance redress mechanism (GR M), survey of assets if affected and S ocio-Economic S urvey of Affected Households (S E S AHs), if required.

14 S ept. 2017

13: 30

- 16: 30

Village consultation meeting Village: Mitsamphan Venue: Village meeting hall Time: 8:30-11:3

PIU Village PIA

PIU; Villagers; PIA.

Villagers: 43 Male: 16 Female: 34 IA/PIA Male: 7 Female: 0

Agreed improvement measures: - Office Village (materials) No.1. 8 x 14 m - Access Road to Village office ( Convert ) No. 2: 6 m - Public Toilet at Village meeting hall and bus station - R oad No.1,2 and 3: 3 converts 24m - Public Toilet at temple and public garden - R ehabilitation village access road 500 m. - R ehabilitation village access road 610 m

15 S ept. 2017

8: 30

- 12: 00 pm

Village consultation meeting Village: Hatngao Venue: Village meeting hall Time: 13:30-16:30

S ame S ame Villagers:115 Male:41 Female: 74 IA/PIA Male: 7 Female: 0

Agreed improvement measures: - Office Village (material) 10 x 7 m - Pre-school (material) 6 x3 m - R ehabilitation village access road: No. 3 110 m - Public toilet at Village meeting hall - Primary school (materials) 3 x8 m - Improvement of Access Roads No. 2 110 m

15 S ept. 2017

13: 30

- 16: 30

Village consultation meeting Village: Hatsaykham Venue: Village meeting hall Time: 13:30-16:30

S ame S ame Villagers: 63 Male: 28 Female: 35 IA/PIA Male: 3 Female: 0

Agreed improvement measures: - Improvement of Access Roads No. 1 160 m


43

ATTACHME NT 2.2-2: FS STAGE - VE I CONS ULTATION AND COOR DINATION ME ETINGS R E CORD

DATE TY PE OF ME E TING AND L OCATION AGE NCY PAR TICIPANTS DIS CUS S ION / R E S PONS E S / OUTCOME S F OLLOW-UP A CTIONS WITH R E S PONS IBIL ITY

16 S ept. 2017

8: 30

- 12: 00

Village consultation meeting Oudomsouk village ; meeting hall T ime: 8:30 -12: 00


Agreed improvement measures: - Rehabilitation village access road No. 1 Convert 18 m - 3 Public toilets at village meeting, primary school and temple.

16 S ept. 2017

13: 30

- 16: 30

Village consultation meeting Oudomxy village ; meeting hall T ime: 13:30-16:30

S ame S ame Villagers: 108 Male:64 Female: 44 IA/PIA Male: 7 Female: 0

Agreed improvement measures: - Improvement of Access Roads No. 1 70 m - Office Village (material). 11 x 21 m - 2 Public toilets at village meeting hall and primary school.

17 S ept. 2017

8: 30

- 12: 00

Village consultation meeting Hatphilar village ; meeting hall T ime: 8:30-12:00


Agreed improvement measures: - Rehabilitation village access road No. 1 97 m - 2 Public toilets at village meeting hall and primary school.

17 S ep. 2017

13: 30

- 16: 30

Village consultation meeting Donsoung village ; meeting hall T ime: 13:30-16:30

S ame S ame Villagers: 46 Male:28 Female: 18 IA/PIA Male: 7 Female: 0

Agreed improvement measures:

- Rehabilitation village access road 320 m - Office Village (materials). 10 x 7 m - 2 Public toilets at village meeting hall and primary school.

Total participants

Total: 570 Male: 296 Female: 274

Concerning LAC aspects it has been confirmed in all meetings, that for the discussed improvement components:

- either there are no private land requirements necessary, or - communal land is available, which the villages would contribute for the

implementation of the subproject.

IA/PIA: 7 Male 7 Female 0


44

ATTACHME NT 2.3-1: FS STAGE - ATTENDANCE LISTS OF DISTRICT COOR DINATION ME E TING AND PUBLIC VILLAGE MEE TING DIS TR ICT: S ANAMXAY DIS TRICT ME E TING HALL V ILLAGE : ME E TING AT MITS AMPHAN VILLAGE ME E TING HALL. DATE : 14 S E PTEMBE R 2017 DATE : 15 S E PTEMBE R 2017 PARTICIPANTS : TOTAL 29 (FEMALE :1 AND MALE :28) PARTICIPANTS : TOTAL 50 (FEMALE :34 AND MALE :16) F ACILITATOR : P IA, PIU AND DIS TRICT TOTAL 7 (FEMALE : 0 AND MALE :7) F ACILITATOR : P IA, PIU AND DIS TRICT TOTAL 7 (FEMALE : 0 AND MALE :7)

S HOWN IS THE F IRS T PAGE OUT OF 3 ATTE NDANCE S HE E TS . THE COMPLE TE ORIGINAL SE T OF ATTE NDANCE S HE ETS IS WITH PIA.

S HOWN IS THE F IRS T PAGE OUT OF 4 ATTE NDANCE S HE E TS . THE COMPLE TE AND ORIGINAL S ET OF ATTE NDANCE S HE E TS IS WITH PIA.


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ATTACHME NT 2.3-2: FS STAGE - ATTENDANCE LISTS OF PUBLIC VILLAGE MEETINGS V ILLAGE : ME E TING AT HATYAO ME ETING HALL. V ILLAGE : ME E TING AT OUDOMXAY VILLAGE ME E TING HALL. DATE : 15 S E PTE MBE R 2017 DATE : 16 S E PTE MBE R 2017 (MOR NING) PARTICIPANTS : TOTAL 122 (FE MALE :74 AND MALE :48) PAR TICIPANTS : TOTAL 115 (FE MALE :44 AND MALE :71) F ACILITATOR : PIA, PIU AND DIS TR ICT TOTAL 7 (FE MALE : 0 AND MALE :7) FACILITATOR : PIA, PIU AND DIS TR ICT TOTAL 5 (FE MALE : 0 AND MALE :5)

S HOWN IS THE F IRS T PAGE OUT OF 13 ATTE NDANCE S HE E TS . THE COMPLE TE OR IGINAL S E T OF ATTE NDANCE S HE ETS IS WITH PIA.

S HOWN IS THE FIRS T PAGE OUT OF 12 ATTE NDANCE S HE ETS . THE COMPLETE AND OR IGINAL S ET OF ATTE NDANCE S HE E TS IS WITH PIA.


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ATTACHME NT 2.3-3: FS STAGE - ATTENDANCE LISTS OF PUBLIC VILLAGE MEETINGS DUR ING FE AS IBILITY S TUDY V ILLAGE : ME E TING AT OUDOMXAY VILLAGE ME E TING HALL. V ILLAGE : ME E TING AT HATXAYKHAN VILLAGE ME E TING HALL. DATE : 16 S E PTE MBE R 2017 (AFTE RNOON) DATE : 17 S E PTE MBE R 2017 PARTICIPANTS : TOTAL 66 (FE MALE :45 AND MALE :21) PAR TICIPANTS : TOTAL 70 (FE MALE :35 AND MALE :35) F ACILITATOR : PIA, PIU AND DIS TR ICT TOTAL 5 (FE MALE : 0 AND MALE : 5) FACILITATOR : PIA, PIU AND DIS TR ICT TOTAL 7 (FE MALE : 3 AND MALE :4)


S HOWN IS THE FIRS T PAGE OUT OF 8 ATTE NDANCE S HE E TS . THE COMPLETE AND OR IGINAL S ET OF ATTE NDANCE S HE E TS IS WITH PIA.


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ATTACHME NT 2.3-4: FS STAGE - ATTENDANCE LISTS OF PUBLIC VILLAGE MEETINGS DUR ING FE AS IBILITY S TUDY V ILLAGE : ME E TING AT HATPHILA VILLAGE ME E TING HALL. V ILLAGE : ME E TING AT DONE S OUNG VILLAGE ME E TING HALL. DATE : 17 S E PTE MBE R 2017 DATE : 17 S E PTE MBE R 2017 PARTICIPANTS : TOTAL 65 (FE MALE :43 AND MALE :22) PAR TICIPANTS : TOTAL 53 (FE MALE :18 AND MALE :35) F ACILITATOR : PIA, PIU AND DIS TR ICT TOTAL 7 (FE MALE : 0 AND MALE :7) FACILITATOR : PIA, PIU AND DIS TR ICT TOTAL 7 (FE MALE : 0 AND MALE :7)


S HOWN IS THE FIRS T PAGE OUT OF 6 ATTE NDANCE S HE E TS . THE COMPLETE AND OR IGINAL S ET OF ATTE NDANCE S HE E TS IS WITH PIA.


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ATTACHME NT 2.4-1: DD S TAGE - LAR C PUBLIC CONS ULTATION ME ETINGS AND R E COR DS S ummary on LAC during detailed des ign stage.

In October 2019, 7 meetings took place with 407 participants (202 female and 205 male) DD project and 21 staff (0 female, 21 male). The meetings took place in the villages of (1) Mitsamphanh, (2) Hatphilar, (3) Oudomsouck, (4) Oudomxay,(5) Hatsaykham; (6) Donsoung; (7) Hatngao Major areas of topics: project description incl. distributed documents, entitlements, GR M, temporary disturbance and counter measures during construction works, others.

DATE TY PE OF ME E TING AND L OCA TION AGE NCY PAR TICIPANTS DIS CUS S ION / R E S PONS E S / OUTC OME S F OLLOW-UP ACTIONS WITH R E S PONS IBIL ITY

8 October

2019

Village consultation meeting Village: Mitsamphanh Venue: Village meeting hall T ime: 09:10 - 11:30 am

PIU Women

Union

Agencies Village

authority Villagers PIA

Total: 55 participants By sex: - 33 Female - 22 Male By E thnic Group: Lao-Tai: 26 - 16 Female - 10 Male Mon-Khmer: 29 - 18 Female - 11 Male IA/PIA [0F + 3M]

Presentation: General introduction of project features and implementation status; Introduction into ADB requirements and Lao Decrees concerning land

acquisition, compensation and reinstatement of affected assets; E xplaining entitlement and eligibility; Disturbances and counter measures related to construction work; Others. Comments - Question - Answer sess ion during village meeting: General: Naiban: Welcoming the project and mentioned their motivation for the project. S pecific : Q1: Mr. Phetsadan, villager: What are costs for connection and water use? A1: PIA: The policy of the project provides free connection during the

construction phase only. There will be monthly payments for the consumed water, same with the electricity bills (small/high use means small/.high costs).

Q2: Mr. Davanh, villager: We are waiting for this project for long time because the surveys started already in 2017. As no construction started yet the people are wondering when the WS S P will be implemented, as now in the district there are big problem about water. When is start of construction?

A2: Mr. Anoulack; Deputy PIU; The construction will start soon as then detailed design is at completion stage and bidding will be done until end of this year. The construction will take place for 1.5 years.

Q3: Mr. Bounmark, Head of Unit: If there are damages on structures; tree who is responsible for compensating them?

A3: Mr. Anoulack; Deputy of PIU: S uch damage during construction the construction company will replace and/or compensate in kind. S uch impacts are temporary and not permanent.

Q4: Mrs. Larmanee / villager: When will VE I do a survey for which support? A4: PIA: The project will do final consultation meeting with each village during

construction through another team.


49

ATTACHME NT 2.4-2: DD S TAGE - LAR C PUBLIC CONS ULTATION ME ETINGS AND R E COR DS DATE TY PE OF ME E TING AND L OCA TION AGE NCY PAR TICIPANTS DIS CUS S ION / R E S PONS E S / OUTC OME S F OLLOW-UP ACTIONS WITH R E S PONS IBIL ITY

9 October

2019

Village consultation meeting Village: Hatphilar Venue: Village meeting hall T ime: 8:40 – 11:30 am

same same Total: 29 participants By sex: - 6 Female - 23 Male By E thnic Group: Lao-Tai: 5 - 3 Female - 2 Male Mon-Khmer: 24 - 3 Female - 21 Male IA/PIA [0F + 3M]

Presentation: S ame as above Comments - Question - Answer sess ion during village meeting: General: Mr. Khanthong Village Chief: Welcoming project team and I will spread out the

information of this meeting to all households of the village Villagers: For the installation of pipes there will be no problem from our side,

as we prefer the pipes instead of taking/bringing not clean water from the river S pecific : Q1: Mr. Khamkhong/ Deputy village. When can the project provide funds for

the VE I and the components selected by the villagers in 2017? A1: PIA: We have another team to come for meetings with villagers again after

project during construction. Q2: Mr. Khammong/ Deputy of village chief: Nowadays, we have existing water

well with not clean water and not convenient. After construction, PNP will use water meter and what is the price for water?

A2: Mr. Anoulack/ Deputy PIU: Current price in our province is 4000KIP/sqm, but the price for the water here I do not know yet.

10 October

2019

Village consultation meeting Village: Oudomsouck Venue: Village meeting hall T ime: 9:10 – 11: 20 am

same same Total: 30 participants By sex: - 13 Female - 17 Male By E thnic Group: Lao-Tai: 30 - 13 Female - 17 Male IA/PIA [0F + 3M]

Presentation: S ame as above Comments - Question - Answer sess ion during village meeting: General: Mr. Chanhshao/ Head of Village: Welcome to project team and explaining

objective for the public consultation meeting to villagers. Villagers: Agree with the project because the village location is near the river

but households use not clean water and difficult to take water for home. S pecific : Q1: Mr. Hongthong S yammon/ Deputy Villager. For water connection I can

have two meters, because I have one house but one family booklet? A1: PIU: Mr. Anoulack/ Deputy PIU. No, you have only one meter for each

house and one free connection. If you need two meters you have to separate the family booklet into two for two families of the house.

Q2: Mrs. Kongvilay / Women Union. After used water, everyone has to pay for the water? And what is the price for 1m3.And does VE I work when the project can start construction?

A2: PIU: Mr. Anoulack. Y es, you have to pay for the water you consume. The price should be 40000 KIP//m3 as applied in the district. For the VE I the project have another team to contact you again in this matter.


50


11 October

2019

Village consultation meeting Village: Oudomxay Venue: Village meeting hall T ime: 8:45 – 11:30 am

same same Total:37 participants By sex: - 15 Female - 22 Male By E thnic Group: Lao-Tai: 2 - 0 Female - 2 Male Mon-Khmer: 35 - 15 Female - 20 Male IA/PIA [0F + 3M

Presentation: S ame as above Comments - Question - Answer sess ion during village meeting: General: Mr. Keophen/ Deputy of Village Chief: Well come to project team and explain

objective for the public consultation meeting to villagers. Villagers: almost agree with project because the village location setting in far

river and city people have used water from water well and some house had used from open well it is not clean and in dry season difficult to take water

S pecific : Q1: Mr. S um A/ Head of Unit 2. If during install construction to be affected on

private assets as land or tree who are respond or compensation for that? A1: PIA: For the affected on privates assets as land, structures or trees during

construction; the construction company has to respond on that repair. The WS S P will install pipes along the right of way not inside on private land;

Q2: Mr. Khamsavanh / Villager. We have to pay for the water and how much?

A2: PIU: Mr. Anoulack / Deputy PIU; Y es, you have to pay for the consumed water, otherwise you will be cut off from the supply. The expected price to start with should be same as applied in other district (such as S amakkhisat District): for household used about 4000/m3 and there will be price adjustments during operation phase.

12 October

2019

Village consultation meeting Village: Hatsaykham Venue: Village meeting hall T ime: 8:35 – 11: 40 am


Presentation: S ame as above Comments - Question - Answer sess ion during village meeting: General: Mr. Khampheng/ Chief of Village: Welcome to project team and describing

purpose of the public consultation meeting to villagers. Villagers: Agree with project and expect an improvement, because they use

not clean water from river and water wells and it is difficult to take/use water for most households.

S pecific : Q1: Mr. Phonsavanh Khamphoungeun / primary school director: Can I have

free connection in the school or not? There are old toilets only A1: PIU: Mr. Anoulack/ Deputy PIU. Y es, you have only one meter for each

house and free connection. For public service providing organizations the WS S P will connect for free.


51


S pecific : Q2: Mrs. Lounny / Teacher in Primary school. I would like to know about the

impacted on private assets during construction: who is responsible? A2: PIU: Mr. Anoulack. Deputy of PIU, the project will install pipes along the

right of way. In S anamxay district it is wide road and very good city planning so that there should not an impact on private assets. In case there is a damage, the contractor has to repair/replace

Q3: Ms. Sonphet/ Head of Y outh Union; I know from first public consultation in our village about VE I: the project still has the same policy or changed it?

A3: PIA: The VE I in WS S P has still same policy - no changes. There will be additional meetings for this to agree on the component of the VE I with you when construction will have started.

13 October

2019

Village consultation meeting Village: Donsoung Venue: Village meeting hall T ime: 9:10 – 11: 45 am


Presentation: S ame as above Comments - Question - Answer sess ion during village meeting: General: S imilar as above S pecific : Q1: Mr. Bounsang Keokhampha/ Villager: Are water connections free? After

use of water people have to pay for meter and water or not? Comparing with electricity supply we pay for both meter and electricity?

A1: PIU: Mr. Anoulack/ Deputy PIU. No, you have to pay only water - not for meter for each house, and also free connection. If you need two meters, then you need two family booklets.

Q2: Mr. S omvang / villager. What is the price for water? And will there be VE I when the project can start before with the construction? And if have affected private structure who will compensate this?

A2: PIU: Mr. Anoulack. Deputy of PIU; Y es, you have to pay for water after using but not for meter; if no payment there will be al cut and no supply with water for you. E xpected is 4000KIP/m3 as applied in other districts.

There will be additional meetings for this to agree on the component of the VE I with you when construction will have started

Concerning damage to private assets the contractor will have to repair/replace at same or better quality


52


14 October

2019

Village consultation meeting Village: Hatngao village Venue: village meeting hall T ime: 8:40 – 11:50 am

S ame S ame Total: 167 participants By sex: - 94 Female - 83 Male By E thnic Group: Lao-Tai: 124 - 85 Female - 39 Male Mon-Khmer: 43 - 12 Female - 31 Male IA/PIA [0F + 3M]

Presentation: S ame as above Comments - Question - Answer sess ion during village meeting: General: S imilar as above S pecific : Q1: Mrs. Bouaphanh Manysoth/ Deputy of Village Chief. Concerning water

connections we understand but in this village some household have two house but one family booklet - they can get two meters or only one meter?

A1: PIU: Mr. Anoulack / Deputy of PIU: No, you can get only one meter for each house and free connection; if you need more than one connection you have to separate the existing family booklet into two.

Q2: Mr. Vilakhon/ Member of village authority: Do we have to pay for water after consumption and how much?

A2: PIU: Mr. Anoulack. Y es, you have to pay for water after using but not for meter; if no payment there will be al cut and no supply with water for you. E xpected is 4000KIP/m3 as applied in other districts.

Q3: Ms. Phosy Keothongdy/ Villager: the people in this village are interested to know about impacts on private assets during construction stage, such as trees or structure: who are be responsible for that?

A3 PIA: The approach of the WSS P is to try avoiding damages on private assets, such as land; trees; and structure; because the land for building main infrastructure is government land owned by the district. We expect that no private land for pipe installation will be affected, only in case of damage along roads in front of house or fence, the contractor will repair or replace this structure at same or better quality.

TOTAL PAR TICIPANTS F/M L AO-TAI F/M

MON-K HME R F/M HMONG-MIE N

IA/PIA [M(F )]

407 (F :202 / M:205) 192 (F : 117 / M: 75) 215 (F : 85 / M: 130)

0 (F : 0 / M: 0)

(F : 0 / M: 21)


53

ATTACHME NT 2.5-1: DD STAGE - ATTE NDANCE LIS TS OF DIS TRICT COOR DINATION ME ETING AND PUBLIC VILLAGE ME ETING V ILLAGE : ME E TING IN MIS AMPHANH VILLAGE V ILLAGE : ME E TING IN HATPHILAR VILLAGE DATE : 8 OCTOBE R 2019 DATE : 9 OCTOBE R 2019 PARTICIPANTS : TOTAL 55 (FE MALE : 33 AND MALE :22) PARTICIPANTS : TOTAL 29 (FE MALE : 6 AND MALE : 23) F ACILITATOR : PIA, PIU AND OTHE R S TOTAL 3 (FE MALE : 0 AND MALE :3) F ACILITATOR : PIA, PIU AND OTHE R S TOTAL 3 (FE MALE : 0 AND MALE :3)

S HOWN IS ONE R E PRE SE NTATIVE PAGE 1 OF 6 ALL ATTE NDANCE S HE E TS , WHICH AR E ADMINIS TE R E D BY DWS AND PIA



54

ATTACHME NT 2.5-2: DD STAGE - ATTE NDANCE LIS TS OF PUBLIC VILLAGE ME E TINGS V ILLAGE : ME E TING IN OUDOMS OUCK VILLAGE V ILLAGE : ME E TING IN OUDOMXAY VILLAGE DATE : 10 OCTOBE R 2019 DATE : 11 OCTOBE R 2019 PARTICIPANTS : TOTAL 30 (FEMALE : 13 AND MALE :17) PARTICIPANTS : TOTAL 37 (FE MALE : 15 AND MALE :22) F ACILITATOR : PIA, PIU AND OTHE R S TOTAL 3 (FE MALE : 0 AND MALE :3) F ACILITATOR : PIA, PIU AND OTHE R S TOTAL 3 (FE MALE : 0 AND MALE :3)




55

ATTACHME NT 2.5-3: DD STAGE - ATTE NDANCE LIS TS OF PUBLIC VILLAGE ME E TINGS V ILLAGE : ME E TING IN HATS AY KHAM VILLAGE V ILLAGE : ME E TING IN DONS OUNG VILLAGE DATE : 12 OCTOBE R 2019 DATE : 13 OCTOBE R 2019 PARTICIPANTS : TOTAL 41 (FEMALE : 22 AND MALE :19) PARTICIPANTS : TOTAL 48 (FE MALE : 18 AND MALE :30) F ACILITATOR : PIA, PIU AND OTHE R S TOTAL 3 (FE MALE : 0 AND MALE :3) F ACILITATOR : PIA, PIU AND OTHE R S TOTAL 3 (FE MALE : 0 AND MALE :3)

S HOWN IS ONE R E PRE SE NTATIVE PAGE 1 OF 4 ALL ATTE NDANCE S HEE TS , WHICH AR E ADMINIS TE RE D BY DWS AND PIA

S HOWN IS ONE R E PRE SE NTATIVE PAGE 1 OF 4 ALL ATTE NDANCE S HE E TS , WHICH AR E ADMINIS TE RE D BY DWS AND PIA


56

ATTACHME NT 2.5-4: DD STAGE - ATTE NDANCE LIS TS OF PUBLIC VILLAGE ME E TINGS V ILLAGE : ME E TING IN HATNGAO VILLAGE V ILLAGE : ME E TING IN HATNGAO VILLAGE DATE : 14 OCTOBE R 2019 DATE : 14 OCTOBE R 2019 PARTICIPANTS : TOTAL 177 (FE MALE : 94 AND MALE :83) PARTICIPANTS : TOTAL 177 (FE MALE : 94 AND MALE :83) F ACILITATOR : PIA, PIU AND OTHE R S TOTAL 3 (FE MALE : 0 AND MALE :3) F ACILITATOR : PIA, PIU AND OTHE R S TOTAL 3 (FE MALE : 0 AND MALE :3)

S HOWN IS ONE R E PRE SE NTATIVE PAGE 1 OF 16 ALL ATTE NDANCE S HEE TS , WHICH AR E ADMINIS TE RE D BY DWS AND PIA

S HOWN IS ONE R E PRE SE NTATIVE PAGE 16 ALL ATTE NDANCE S HE ETS , WHICH AR E ADMINIS TE RE D BY DWS AND PIA


57

ATTACHME NT 3: INVE NTOR Y OF LOS S


58

ATTACHME NT 4.1-1: C OMPLE ME NTAR Y DOCUMENTATION - AGR E E ME NTS LE TTE R OF S ANAMXAY DIS TRICT GOVE R NOR ON PR OVIS ION OF LAND CE RTIF ICATE S TO PNP

Non-literal E nglish translation

Lao People s̀ Democratic R epublic Peace Independence Democracy Unity Prosperity

No. 648/

S anamxay District S anamxay; Date 11 December 2019

Agreement of S anamxay District Government.

- According to local administration government of Lao PDR No. 68/NA; Date 14 December 2016; Part IV; Chapter 4; Article 4 on rights and duties of a governor; and

- According to proposal letter of DPWT No. 71 Date 11 December 2017.

The Governor Concludes

Article 1: To agree with DOPWT and PNP of Attapeu Province using government land of S anamxay district for the WS S P; Location of the land in old market area and the old land area of DAFO seedling;

# the plot 1: at Old market Area

- Land for PNP new office 80m x 40m = 3,200sqm; and

# the plot 2: at Old seedling DAFO Area

- Land for PNP new Tower Intake; WTP and E levate R eservoir 100m x 100m = 10,000sqm.

Article 2 To agree with DoNR E to allocate the area and to issue land use certificates for both land pots.

Article 3 To agree with PNP; WS S P and stakeholders that based on this agreement the implementation should be successful.

Article 4 This agreement enters into force from the date of its signature

The Governor of S anamxay District

S tamp

Mr. Bounhome Phommasan


59

ATTACHME NT 4.1-2: C OMPLE ME NTAR Y DOCUMENTATION - AGR E E ME NTS LE TTE R BE TWE E N S AND/R OCK MINING COMPANY AND DIS TRICT

Non-literal E nglish translation Lao People s̀ Democratic R epublic

Peace Independence Democracy Unity Prosperity

Minute of Meeting To agreement of Sanamxay District and R ock Mining Company

( Mr. A lui) at the Old Area DAFO seedling Based on Agreement Letter of the S anamxay Governor District to agree on the use of public land for WS S P in Sanamxay; The district authorities and PIU team made a site visit and data collection at the locations selected for intake; WTP and elevated reservoir; in this area in 2016; Mr. Alui (Chinese Company) had used this a s worker camp and kitchen and electric poles for excavation of sand from S ekong river; but the Provincial Government and District Government did not allow this neither did they give a license to him, so that he stopped this in 2016; Therefore; the Minute of Meeting serves as agreement: 1. If the WS S P select this area for its main infrastructure, the S anamxay district authorities have to inform him to dismantle the all things and transport it out from this land; If there would be a compensation item, then both the S anamxay District and Mr. Alui would have to agree on it 15 days before dismantling the (secondary) structures; 2. Concerning the electric poles; the minute of meeting agreed the same that Mr. Alui has to move the out from this area, but needs to be informed at least 15 days with an advanced notice; if the PNP needs these poles the Mr. Alui has to receive compensation. Therefore; it was letter agreement on the meeting for the reference in the future; DOPWT DONR E Owner S tructure

District Governor of S anamxay Note: for the fellow high line it is Name of S anamxay District


60

ATTACHME NT 4.2-1: C OMPLE ME NTAR Y DOCUMENTATION – LAND US E CE R TIFICATES LAND T ITTLE NO. 25 MAPPE D L AY OUT NON-LITE R AL E NGLIS H TR ANS LATION

Lao People s̀ Democratic Republic


No. 25 DONR E S anamxay District S eries No. 1700300

DONRE

Land Map for Government

Issue for PNP/ WS S P of S anamxay district

Location of this land plot; at Mitsamphanh village; S anamxay District and Attapeu Province;

The Land T ittle No. C668-624/16

Total Area are 0,32 ha; 3200 m2

Date of Issue at; Attapeu 15 December 2017

Head of Land Unit

Head of DONR E

S tamp

Mr. Khonsavanh Mr. Khanxay


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ATTACHME NT 4.2-2: C OMPLE ME NTAR Y DOCUMENTATION – LAND US E CE R TIFICATES LAND T ITTLE NO. 26 MAPPE D L AY OUT NON-LITE R AL E NGLIS H TR ANS LATION

Lao People s̀ Democratic Republic


No. 26 DONR E S anamxay District S eries No. 1700300

DONRE

Land Map for Government

Issue for PNP/ WS S P of S anamxay district

Location of this Land plot; at Hatsaykham village; S anamxay District and Attapeu Province

The Land T ittle No. C672-622/1

Total Area are 01 ha; 10,000 m2

Date of Issue at; Attapeu 15 December 2017

Head of Land Unit

Head of DONR E

S tamp

Mr. Khonsavanh Mr. Khanxay

land acquisition and compensation plan lao pdr: water supply

Documents