second northern greater mekong subregion transport network … · 2014. 9. 29. · lao people’s...

Updated Resettlement Plan

March 2014

LAO: Second Northern GMS Transport Network Improvement Project

Prepared by the Ministry of Public Works and Transport for the Asian Development Bank. This is an updated version of the draft originally posted in November 2010 available on http://www.adb.org/projects/documents/second-northern-greater-mekong-subregion-transport-network-improvement-project--5.

.

http://www.adb.org/projects/documents/second-northern-greater-mekong-subregion-transport-network-improvement-project--5

http://www.adb.org/projects/documents/second-northern-greater-mekong-subregion-transport-network-improvement-project--5

This updated resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the “terms of use” section of this website. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

Lao People’s Democratic Republic

Ministry of Public Works and Transport Department of Roads

Second Northern GMS Transport Network

Improvement Project (ADB12) Grant 0234-LAO

UPDATED RESETTLEMENT PLAN Detailed Engineering Design and Procurement

Phase Huaphanh Province - NR6B

March 2014

Funded by: Asian Development Bank (ADB)

OPEC Fund for International Development (OFID) and Government of Lao People’s Democratic Republic (GoL)

Prepared by the Ministry of Public Works and Transport for the Asian Development Bank

pg. ii

Table of Contents ABBREVIATIONS .......................................................................................................... v DEFINITION OF TERMS ...............................................................................................vii EXECUTIVE SUMMARY ................................................................................................ 1 I. INTRODUCTION ..................................................................................................... 6 A. Background ........................................................................................................... 6 B. This Resettlement Plan ......................................................................................... 7 C. Project Villages ..................................................................................................... 7 D. Corridor of Impact Definition ................................................................................ 7 II. RESETTLEMENT IMPACTS ..................................................................................13 A. Measures to Minimize Resettlement Impacts .....................................................13 B. Affected Population .............................................................................................13 C. Detail Measurement Survey (DMS) .....................................................................13 D. Scope of Land Acquisition and Resettlement of NR6B .....................................14 1. Land Acquisition ..................................................................................................14 2. Affected main Structures .....................................................................................14 3. Affected secondary Structures ...........................................................................15 4. Affected crop and trees .......................................................................................16 5. Affected Public Facilities .....................................................................................16 6. Impacts on Business and Income Loss ..............................................................16 7. Impact on Female-headed and Vulnerable Cases ..............................................17 8. Summary of Impacts ............................................................................................17 III. SOCIOECONOMIC CONDITIONS .........................................................................19 A. Huaphanh Province ..............................................................................................19 B. Sop Bao District ...................................................................................................20 C. Villages in the Project Area .................................................................................20 D. Profiles of Affected Households .........................................................................21 1. SES and Household Selection.............................................................................21 2. Structure, Composition, Employment and Education .......................................21 3. Farmland Holding and Agriculture ......................................................................21 4. Land Tenure ..........................................................................................................21 5. Household Assets ................................................................................................22 6. Income and Sources ............................................................................................22 7. Expenditure Pattern .............................................................................................23 8. Poverty in the Project Area ..................................................................................23 9. Access to Basic Services ....................................................................................23 10. Ethnic Groups ......................................................................................................24 IV. POLICY FRAMEWORK .........................................................................................25 A. Introduction ..........................................................................................................25 B. The Constitution ...................................................................................................25 C. The Land Law .......................................................................................................25 D. The Road Law .......................................................................................................26 E. Decree on Compensation and Resettlement for Development Projects ..........27 F. ADB Policies and Requirements .........................................................................28

pg. iii

G. Key Differences between GOL and ADB Policies ..............................................29 H. Project Principles and Objectives .......................................................................30 I. Project Entitlements .............................................................................................31 V. RELOCATION AND REHABILITATION STRATEGY .............................................36 1. Relocation of Houses and Shops ........................................................................36 2. Business and Income Loss .................................................................................36 3. Assistance for Vulnerable Households ..............................................................37 4. Allowances ...........................................................................................................37 VI. GENDER STRATEGY ............................................................................................38 VII. ETHNIC GROUP SPECIFIC MEASURES AND PROJECT IMPACTS ...................39 VIII. CONSULTATION, PARTICIPATION AND DISCLOSURE ......................................41 1. Mechanisms for Consultation .............................................................................41 2. Village Meetings ...................................................................................................42 3. Involvement of AP Women and Ethnic Groups ..................................................43 B. Public Information and Disclosure .....................................................................43 IX. GRIEVANCE REDRESS ........................................................................................46 X. INSTITUTIONAL ARRANGEMENTS .....................................................................48 A. Ministry of Public Works and Transport .............................................................48 B. Department of Roads ...........................................................................................48 C. Provincial Resettlement Committee ...................................................................48 D. District Resettlement Committee ........................................................................49 E. Village Head ..........................................................................................................49 F. Project Implementation Consultants ..................................................................49 G. Capacity Building for Implementing Bodies .......................................................49 XI. IMPLEMENTATION ARRANGEMENTS ................................................................50 A. Institutional Setting ..............................................................................................50 B. Agreements with Affected Households (AHs) ....................................................50 C. Disbursement of Payment to AHs .......................................................................50 D. Implementation Schedule ....................................................................................50 XII. MONITORING AND EVALUATION ........................................................................52 A. Internal monitoring and evaluation organization (M&E) ....................................52 B. External monitoring and evaluation ....................................................................52 C. Internal Monitoring Indicators .............................................................................53 XIII. RESETTLEMENT BUDGET ..................................................................................55 A. Compensation Rates & Allowances ....................................................................55 B. Budget...................................................................................................................55 C. Flow of Funds .......................................................................................................55

pg. iv

List of Figures Figure 1 : Project Map .................................................................................................. 6 Figure 2 : Orientation Map for NR6B .......................................................................... 11 Figure 3 :Typical Section ............................................................................................12

List of Tables Table 1 : Project Villages -NR6B .................................................................................. 7 Table 2 : COI Data Summary ........................................................................................ 8 Table 3 : Summary of Affected Households by Location and Type of Key Impact .13 Table 4 : Summary Losses..........................................................................................14 Table 5 : Land Losses (in m2) .....................................................................................14 Table 6 : Affected Main Structures (No.) ....................................................................15 Table 7 : Floor area (m2) of Affected Main Structures by Structure’s type ..............15 Table 8 : Affected secondary Structures (No.)...........................................................15 Table 9 : Floor area (m2) of Affected Secondary Structures by Structure Type ......16 Table 10 : Number of trees on the Project’s area (No.). ............................................16 Table 11 : Number of concrete poles by length .........................................................16 Table 12 : Scope of Land Acquisition and Resettlement Impact ..............................17 Table 13 : Basic Social and Economic Data ..............................................................19 Table 14 : Basic Data of Project Villages ...................................................................20 Table 15 : Profiles of Villages-2013 ............................................................................20 Table 16 : Household Assets in Sop Bao District ......................................................22 Table 17 : Average Household Income of Vieng Xai and Sop Bao Districts .........23 Table 18 : Summary of Poverty Indicator Data ..........................................................23 Table 19 : Access to Basic Services ..........................................................................24 Table 20 : Entitlement Matrix ......................................................................................31 Table 21 : Relocation of Affected Houses ..................................................................36 Table 22 : Summary of Allowances for Relocation and Livelihood Rehabilitation .37 Table 23 : Summary of Project Impacts .....................................................................39 Table 24 : Summary of Stakeholder Consultations and Information Dissemination

...............................................................................................................................41 Table 25 : Summary of Issues Raised by Villagers and Project Response. ............42 Table 26 : Consultation and Participation Plan .........................................................44 Table 27 : Resettlement Implementation of Key Milestones .....................................51 Table 28: Internal Monitoring Indicators…………………………………………………..53 Table 29 : Resettlement Budget..................................................................................55

pg. v

LIST OF ANNEXES

Annex 1: Public information booklet Annex 2: DMS survey form Annex 3: Project problem report register form Annex 4: Options for compensation payment form. Annex 5: List of persons met Annex 6: List of survey team. Annex 7: Master List of Affected Households (AHs) Annex 8: Resettlement committee Annex 9: Project villages

Annex 10: Compensation unit from Huaphanh RC Annex 11: Affected Assets and Assistances plan Annex 12: Unit price study

Annex 13&14: Photo

ABBREVIATIONS

ADB Asian Development Bank AP/AHs Affected person/Affected household CM Community mobilizer COI Corridor of Impact CL Centre line DBH Diameter at breast height DMS Detailed Measurement Survey DOR Department of Roads DPWT Department of Public Works and Transport DRC District Resettlement Committee EG Ethnic Group ESD Environmental and Social Division (under PTI of MPWT) EMDP/EGDP Ethnic Minority Development Plan/Ethnic Group Development Plan EMR External Monitor for Resettlement GMS Greater Mekong Subregion GOL Government of Lao PDR GRC Grievance redress committee HH Household KfW Kreditanstalt für Wiederaufbau DMS Inventory of Losses IOL Inventory of Loss Lao PDR Lao People’s Democratic Republic MPWT Ministry of Public Works and Transport MONRE Ministry of Natural Resources and Environment PDC Project Design Consultants

pg. vi

PIB Public Information Booklet PM Prime Minister (in Decree 192/PM) PMU Project Management Unit PRC Provincial Resettlement Committee RCS Replacement Cost Study ROW Right of Way RP Resettlement Plan RF Resettlement Framework SES Socioeconomic Survey SPS Safeguard Policy Statement VRC Village Resettlement Committee TED Technical and Environment Division (Under DOR)

pg. vii

DEFINITION OF TERMS

Project Affected Persons (APs) includes any person or entity or organization affected by the Project, who, on account of the involuntary acquisition of assets in support of the implementation of the Project, would have their (i) standard of living adversely affected; (ii) right, title or interest in all or any part of a house and buildings, land (including residential. commercial, agricultural, plantations, forest and grazing land) water resources, fish ponds, communal fishing grounds, annual or perennial crops and trees, or any other moveable or fixed assets acquired or possessed, in full or in part, permanently or temporarily; and (iii) business, profession, work or source of income and livelihood lost partly or totally, permanently or temporarily.

Affected Households is basically identical to AHs, but except those whose will lose rice bins and bamboo fence.

Compensation is payment in cash or in-kind at replacement cost for an asset to be acquired by the Project.

Corridor of Impact is the area required for permanent works plus a minimum additional width for operation of construction equipment to build the required permanent works.

Cut-Off Date means the date prior to which the occupation or use of the project area makes residents/users of the project area eligible to be categorized as AHs. The cut-off date for this Project will be the date of completion of the census and inventory of losses survey but subject to verification during detailed measurement survey. Persons not covered in the census of AHs are not eligible for compensation and other entitlements are not eligible for compensation and other entitlements

Entitlement means a range of measures comprising compensation in cash or in kind, relocation cost, income rehabilitation assistance, transfer assistance, income substitution, and business restoration which are due to AHs, depending on the type and degree of their losses, to restore their social and economic base.

Household means all persons living and eating together as a single social unit. The census used this definition and the data generated by the census forms the basis for identifying the household unit.

Income Restoration means re-establishing income sources and livelihoods of AHs to their pre-project levels.

Land Acquisition is the process whereby a person is compelled by the Government through the Executing Agency of the Project to alienate all or part of the land s/he owns or possesses in favor of the State in the implementation of the Project or any of its components in return for fair compensation.

Rehabilitation means assistance provided to severely affected AHs due to the loss of 10% or more productive assets (i.e., farmland, fishpond, vegetable garden, etc.), incomes, employment or sources of living such as shops and place of employment have to be reconstructed and/or relocated. The livelihood support may be given in cash or in kind or a

pg. viii

combination of the two in order to improve, or at least achieve full restoration of living standards to pre-project levels.

Relocation is the physical shifting of an AP from his/her pre-project place of residence and/or business.

Replacement Cost is the amount in cash or in-kind needed to replace an asset and is the value determined as compensation for:

i） Agricultural land and fishpond based on market prices that reflect recent land sales prior to the commencement of the Project or displacement, and in the absence of such recent sales, based on productive value;

ii） Residential land based on market prices that reflect recent land sales prior to the commencement of the Project or displacement, and in the absence of such recent land sales, based on similar location attributes;

iii） Houses and other related structures based on current market prices of materials and labour without depreciation nor deductions for salvaged building materials;

iv） Annual crops equivalent to the highest production of crop over last three years multiplied by the current market value of crops;

v） Perennials crops and trees and other based on current market value based on type, age, diameter at breast height and productive capacity; and

vi） Other assets (i.e., cultural, aesthetic) based on current market value for repairing and/or replacing assets or the cost of mitigating measures.

Resettlement refers to all measures taken by the Project proponents to mitigate any and all adverse social impacts of the Project on the AHs, including compensation for lost assets and incomes, and the provision of other entitlements, income restoration assistance, and relocation as needed.

Severely Affected Person/household means AP/AH who will: i) lose 10% or more of their productive assets, such as agriculture/aquaculture land holding, and/or ii) physically displaced from housing, and/or iii) lose 10% or more of income sources due to the Project.

Vulnerable Groups are distinct groups of people who might suffer disproportionately or face the risk of being further marginalized by the effects of resettlement and specifically include: i) households headed by women, the elderly or disabled, ii) households living below the poverty threshold, iii) the landless, and iv) indigenous peoples.

Grant 0234-LAO: Second Northern GMS Transport Network Improvement Project(ADB12) Detailed Engineering Design and Procurement Phase


1

EXECUTIVE SUMMARY

The Project The Government of Lao People’s Democratic Republic (Lao PDR), with the assistance from the Asian Development Bank (ADB) will implement the Second Northern GMS Transport Network Improvement Project (the Project). The road improvement is part of a regional development program for Second Northern GMS Transport Network Improvement Project, with the Project as a whole designed to connect Northern provinces of Lao PDR, to connect to the Vietnam. The Project is intended to enhance transport connection among the GMS members so as to promote economic growth and poverty reduction through increasing inter-country trade and cooperation. The civil works includes the upgrading of approximately 86km of two road sections of National Highway N6A and 6B located in Huaphanh Province in northeastern Lao PDR. This Updated RP covers the NR6B portion of the project located in Sop Bao District. NR6A is covered under a separate updated RP. The NR6B section of the Project is approximately 24 km in length through mostly mountainous terrain and traverses 4 villages with 1,456 residents. The corridor of impacts (COI) is 15 m in residential and flat areas and 50m in mountainous areas.

This Updated Resettlement Plan (URP) covers the upgrading of the above-mentioned sections of NR6B and presents the strategy to address the impacts of land acquisition and resettlement resulting from this project. This URP has been prepared by the Department of Roads (DOR) of MPWT with assistance from consultants under ADB Grant 0234-LAO (Lao Second Northern GMS Transport Network Improvement Project). The URP forms part of the Grant Agreement condition and is based on the laws and regulations of Lao PDR and the resettlement policy of ADB. The purpose of this document is to set out both a policy framework and an action plan for the resettlement activities of the Project to ensure Affected Households (AHs) standards of living are improved or at least restored to pre-project levels. MPWT, through its Department of Roads (DOR) will be responsible to ensure the RP is adequately financed and will coordinate the resettlement committees in Huaphanh Province and in Sop Bao Districts to implement in accordance with the approved RP.

There are four villages affected by the Project located in Sop Bao District of Huaphanh Province in northeastern Laos comprising Na Pung, Pong, Pa Khok Ngai and Pa Hang. Based on the detailed design for two lanes of the NR6B road project the COI will be 15m in populated village areas as well as flat sections and 50m in mountainous sections. Other temporary impacts that may occur during civil works for construction requirements such as construction camps and work areas outside the COI will also be compensated in accordance with the provisions set out in the RP.

Land Acquisition and Resettlement Impacts A detailed measurement survey was conducted October to November 2012 based on the project design to enumerate impacted persons and losses, such as affected land and non-land assets. The DMS was subsequently re-conducted April to August 2013 to incorporate minimization measures due to reduction in COI. A total of 24 households will be affected by various forms of losses. In addition Electricity of Laos (EDL) is included in the RP an entitled entity being the owner of the affected electricity poles. A total of 919.25m2 land will be permanently acquired consisting of 16 portions of residential land (879.25m2), and 1 fish pond (40 m2). Of the affected households, 13 will be physically displaced, 1 will need to relocate their shop and 1 will lose a fishpond. Other non-land assets include loss of trees, crops and secondary structures. There will be no loss of productive land. There are no vulnerable households identified amongst the affected households.


Resettlement Report

2

Socio-Economic Conditions Huaphanh Province is located in the northeast part of the country bordering with Vietnam. It has the jurisdiction of 8 districts and 739 villages with 16,500 square kilometres of land area. The total population was 0.286 million in 2008, with an average population density of just 17.3 persons per square kilometre. There were 44,658 households in the province, with an average household size of 6.4 persons. Among them, only 11.8% are residing in urban towns while the majority of 88.2% are living in rural areas. Among the total rural population, only 58% have access to roads by 2008. The average GDP in 2008 was approximately US$ 392 per capita. In the same year, the province had about 43,616 ha of farmland under cultivation, averaging 0.16 ha per capita.

Sop Bao District, where part of NR6A and whole NR6B are located, is in the northern part of Huaphanh Province. The district has a total area of 1,058 square kilometres. In 2008, the district had 68 villages, 4,307 HHs and 26,414 persons. The average population density was 17 persons/m2. Sop Bao is one of the two non-poor districts, out of a total of eight, in Huaphanh Province, with only 26.5% of the HHs classified as poor in 2008. The average GDP per capita was $292. In the same year the district had 2,800 ha of farmland, averaging 0.11 ha per capita. This district has a larger portion of flat land and better irrigation conditions than most of the province. The average grain production was 413 kg per capita in 2008, the highest in the province. Its major agricultural products include rice, maize, soybeans, vegetables and fruit.

The four villages traversed by the project road have a total population of 255 households comprising 1,335 persons. The population density is 56 persons per km2. The population is comprised of three ethnic groups: Hmong, Lao Loum, and K’mou. Agriculture is dominant employment sector, and 255 HHs (100%) are reliant on farming as their main income source. There are two main types of land used for farming in the project areas: (i) commune managed agricultural land (typically paddy) for which the land use rights are exclusively on a temporary basis and reallocated amongst households on a 3-5 year cycle; (ii) public land used for slash and burn cultivation, which is typically hilly land used informally by individual households for mainly maize or vegetable cultivation. Another type is garden land is individually held and typically adjoins residential land and along the riverbanks. Garden land typically comprises small plots used to household consumption.

The socio-economic survey conducted an assessment of household living standards. All households have mosquito nets and almost all have motorbikes (92%), fans (80%) and TVs (78%). They are able to fulfil basic human needs such as having enough food, adequate clothing, permanent housing, and access to health care, education and transportation service. Government programs are in place to ensure provision of basic social services. All HHs in the project area have access to electricity as well as communal water supplies (gravity fed public taps). All villages have primary schools. However, only Na Pung has a high school. Children from the other villages are required to travel 5 to 9 km to go to high school. Access to a health centre requires travelling distances ranging from 4 to 9 km. Average income from Vieng Xai and Sop Bao Districts about 2.5 million kip per year. Of total household expenditure, on average 80%, 8%, 7% and 5% were respectively spent on food, health care, education and festival/social affairs. There are a total of 55 poor households in the project villages, equating to 22% of the total population. The higher proportions of poor households are found in Pakhom and Na Pung villages with 36% and 28% poverty rates, respectively. The period of food shortage ranges from 4 to 6 months per year. All residential houses are predominating simple and wooden structured. Brick and concrete buildings are rare. There are no poor households amongst the affected households.


Resettlement Report

3

Legal and Policy Framework The legal framework and entitlements are developed from the laws of the Government of Lao PDR, principally the Constitution (1991), the Land Law (2003), the Road Law (1999), the Draft National Resettlement Policy Decree No. 192/PM(7July, 2005) and Decree No. 699/PMO-WREA(12 March 2010) on Compensation and Resettlement of Development Project as well as ADB’s Policy on Involuntary Resettlement (2009) as articulated under its Safeguard Policy Statement(SPS). ADB’s Policy on Involuntary Resettlement and Government approved resettlement plans for other ADB and World Bank projects. Provisions and principles adopted in this RP will supplement the provisions of relevant decrees currently in force in Lao PDR wherever a gap exists. The compensation and entitlement policy is designed to cover compensation for lost assets and assistance to restore or enhance livelihoods of all APs. Affected people will receive compensations at replacement costs for land and non-land assets in cash or in-kind. Moreover, various assistances will be available to severely affected and vulnerable APs, if any. Various compensation measures and entitlements have been determined for all categories of land acquisition and resettlement impacts resulting from the Project. Entitled persons or AHs are those who satisfy the cut-off-date on 31 December 2012. An Entitlement Matrix is prepared and included in the RP.

Relocation and Rehabilitation Strategy The Project will fully affect 14 main structures, consisting of 13 houses and 1 shop. The Districts will provide replacement residential land for the physically displaced households. Semi-permanent and wooden houses can typically be wholly relocated to new sites without damaging the structures, if the distance of the new site is not too far. If the houses cannot be relocated without causing significant damage, the structures will be compensated at replacement cost. The replacement land will be provided in the same village and the house construction site will be fully prepared (e.g. levelling, filling, etc.) by the project. Relocation and transitional assistance will be provided, including transportation assistance, transition allowance, and business loss allowance. There are no vulnerable households requiring additional special assistance.

Gender Strategy Preparation of the RP included a gender analysis. Specific gender sensitive measure are included in the RP to ensure women fully participate and are not marginalized, including ensuring meaningful consultation; participation in surveys; joint-receipt of compensation; joint-registration of any new land user rights certificates; and active involvement of the Women’s Union in RP planning and implementation.

Ethnic Groups in the Project Areas In Lao PDR there are 49 different ethnic groups. The official terminology for the classification of “ethnic groups” is in accordance with the Lao Constitution (1991). There is no main ethnic group, which forms a main or dominant society or culture significantly distinct from the various constituent ethnic groups in the country. In the project area the population is comprised of three ethnic groups: Lao Lum, Hmong, and Khmou. While all three groups self-identify as distinctive ethnic groups, the Lao national language is commonly spoken amongst all groups.

Local communities have been consulted on project related matters through preparation of resettlement, environment and social development plans preparations. Consultations will continue throughout project implementation. A consultation and participation plan has been prepared for the project. All groups are fully fluent in Lao. As such the mode of delivery of information was in a form suitable to them. Traditional community elders have also been actively engaged in all the consultation meetings at the local level. The grievance redress mechanism is also culturally appropriate for the local communities.


Resettlement Report

4

Consultation, Participation and Disclosure Meaningful consultation and information dissemination has been an integral component of the preparation of the RP and commenced during the preparation of the RP as well as updating of this RP. It has been, and will continue to be held with stakeholders and affected households. Consultations have included affected households, local communities and project stakeholders, such as government authorities and agencies from the provincial, district and village levels. Issues raised have been noted and measures to address these are indicated in the RP. Essential elements of the RP, including impacts, entitlement policy, assistance measures, implementation arrangements and grievance redress mechanism have been disclosed to affected households at various times in consultation meetings and through the dissemination of a public information brochure. The approved RP will be disclosed to affected households as well as publically disclosed. A consultation, participation and disclosure plan is included in the RP to guide ongoing consultation and disclosure throughout RP implementation.

Grievance Redress A four-stage grievance redress mechanism (GRM) has been prepared for the project to address any project related concern, including resettlement related matters. The GRM is accessible (commencing at the village level) and is culturally appropriate. Complainants also have the option to seek redress through the court system at any stage. Arrangements are set out to monitor grievances and grievance redress. The grievance redress mechanism has been disclosed to local communities and affected households.

Institutional and Implementation Arrangements The MPWT is the executing agency of the project. Responsibility for resettlement spans various government agencies of various levels and they include the DOR (with PMU on behalf of it) of MPWT, Provincial Governor’s Office and relevant departments, district governor’s office and relevant sectors and authorities of affected villages. The involved agencies at provincial and district levels formed their respective resettlement committees while taskforces are established at PMU and in affected villages. In addition, management, design and contract supervision consultants are also involved in the planning and implementation of the resettlement, as needed. Capacity building measures have been conducted in the past, including during the preparation of the RP and will continue as part of the project activities.

PMU will only issue notices to commence civil works, for any particular length of the project road following approval of the updated RP and when: i) satisfactory arrangements of land redistribution and relocation sites are places; ii) satisfactory compensation payments to non-land losses with necessary assistances are provided; and iii) the area required for civil works is free of all obstructions. The estimated schedule for land acquisition and resettlement is from February 2014 to August 2014. Monitoring and operation of the grievance redress mechanism will continue throughout the project implementation period.

Monitoring and Evaluation Monitoring and evaluation will be conducted through both internal and external arrangements to ensure that the RP is satisfactorily implemented and its objectives achieved. The PMU with support of the PSC will have main responsibility for internal monitoring and report regularly as part of the project implementation reporting requirements. External monitoring will be conducted by an external monitor engaged by the DOR. The external monitor will produce semi-annual report (or more frequent as required by DOR). Both internal and external monitoring reports will be publically disclosed. Specific monitoring indicators are included in the RP to provide the means to measure and verify the provision of compensation and assistance measures to mitigate the project’s involuntary resettlement impacts.


Resettlement Report

5

Budget and Financing Arrangements 1. The total cost will be approximately Kip 298,080,000 ($37,260) comprising: i) compensation cost of Kip 177,960,000($22,245); (ii) Allowance Kip 42,840,000 ($5355); (iii) Administration cost (10%) kip 22,080,000 ($2,760); (iv) Internal monitoring (10%) kip kip kip22,080,000 ($2,760)); (v) contingency (15%) kip 33,120,000($4,140).

2. The cost for the external monitor (estimated at $100,000) is financed as a separate consulting package of ADB(contract awarded in March 2014). and now it has been reduced to 50,000 USD by ADB in Jan. 2014 MOU. The PMU will be responsible for the financing of the resettlement, administration, internal monitoring


Resettlement Report

6

I. INTRODUCTION

A. Background

3. The Government of Lao People’s Democratic Republic (Lao PDR), with the assistance from the Asian Development Bank (ADB) will implement the Second Northern GMS Transport Network Improvement Project (the Project). The road improvement is part of a regional development program for Second Northern GMS Transport Network Improvement Project, with the Project as a whole designed to connect Northern provinces of Lao PDR, to connect to the Vietnam. The Project is intended to enhance transport connection among the GMS members so as to promote economic growth and poverty reduction through increasing inter-country trade and cooperation.

4. The civil works includes the upgrading of approximately 86km of two road sections of National Highway N6A and 6B located in Huaphanh Province in northeastern Lao PDR. This Updated RP covers the NR6B portion of the project located in Sop Bao District. NR6A is covered under a separate updated RP.

5. The NR6B section of the Project is approximately 24 km in length through mostly mountainous terrain and traverses 4 villages with 1,456 residents. The corridor of impacts (COI) is 15 m in residential and flat areas and 50m in mountainous areas. Figure 1 shows the locations of the project roads.

Figure 1 : Project Map


Resettlement Report

7

B. This Resettlement Plan 6. The Resettlement Plan for the Project was prepared in November 2010 under ADB financed regional technical assistance project TA-6478 (Preparing the Second Northern Greater Mekong Subregion Transport Network Improvement Project). The 2010 resettlement plan provides the basis (including entitlements) for the final updated resettlement plans, including entitlements. This Updated Resettlement Plan (URP) updates the resettlement plan for the upgrading of road sections of NR6B from Na Pung village to Sop Bao Town (hereafter referred to as the Project in this URP). A separate URP is prepared for NR6A.

7. This URP presents the strategy of the Ministry of Public Works and Transport (MPWT) of Lao PDR in addressing the adverse impacts of the improvement of NR6Bon AHs’ land and non-land assets as well as livelihoods and incomes. This URP has been prepared by the Department of Roads (DOR) of MPWT with assistance from consultants under ADB Grant 0234-LAO (Lao Second Northern GMS Transport Network Improvement Project). The URP outlines: i) the scope of involuntary resettlement impacts on land, non-land assets and livelihoods; ii) measures to be taken to minimize these adverse impacts; iii) specific mitigations measures to compensate, assist and resettle the AHs; iv) the legal and institutional framework for implementing the URP; v) mechanisms to facilitate stakeholder consultation and participation, including grievance procedures; and vi) administrative issues related to URP implementation, budgeting, supervision, monitoring and evaluation.

8. This URP forms part of the Grant Agreement condition and is based on the laws and regulations of Lao PDR and the resettlement policy of ADB. The purpose of this document is to set out both a policy framework and an action plan for the resettlement activities of the Project to ensure Affected Households (AHs) standards of living are improved or at least restored to pre-project levels. MPWT, through its Department of Roads (DOR) will be responsible to ensure the RP is adequately financed and will coordinate the resettlement committees in Huaphanh Province and in Sop Bao Districts to implement in accordance with the approved RP.

C. Project Villages 9. There are four villages affected by the Project located in Sop Bao District of Huaphanh Province in northeastern Laos. The names and locations of the affected villages are shown in Table 1 and Figure 2 below.

Table 1 : Project Villages -NR6B

Ser# Village Name Chainage (Km)

1 Na Pung 3+400 2 Pong 8+500 3 Pa Khok Ngai 18+500 4 Pa Hang 23+500

D. Corridor of Impact Definition 10. The corridor of Impact (COI) is the area where land is required for the civil works to upgrade the project road and is the area in which permanent impacts will be experienced. Based on the detailed design for two lanes of the NR6B road project the COI will be 15m in


Resettlement Report

8

populated village areas as well as flat sections and 50m in mountainous sections (outside the village residential areas). The COI is summarized in Table 2 and the detailed cross section can be seen in Figure 3.

11. Other temporary impacts may occur during civil works for construction requirements such as construction camps and work areas outside the COI. These temporary impacts will also be compensated in accordance with the provisions set out in the RP.

Table 2 : COI Data Summary

Semi-Urban

3.5m plus 2.7m drainage, plus 1.3 m in some sections for allowance for headwalls, aprons (which may extend beyond the line of drainage) and any differing levels due to gradients.

13.7m - 15m

Any additional width for diversion roads during construction will be temporarily acquired.

Flat

3.5m plus 2.7m drainage, plus 1.3 m in some sections for allowance for headwalls, aprons (which may extend beyond the line of drainage) and any differing levels due to gradients..

13.7m - 15 m

Any additional width for diversion roads during construction will be temporarily acquired

Rolling and Mountainous

3.5m plus 2.70m drainage, 19m for cut slope and road clearing 50m No additional width for

diversion roads


Resettlement Report

11

Figure 2 : Orientation Map for NR6B


Resettlement Report

12

Figure 3 :Typical Section



13

II. RESETTLEMENT IMPACTS 12. This chapter presents the involuntary resettlement impacts associated with the upgrading of NR6B.

A. Measures to Minimize Resettlement Impacts 13. Efforts have been made to reduce the width of the COI as much as possible to minimize impacts as much as feasible

14. The typical corridor of impact (COI), including road carriageway width, shoulders, side drainage and safety area, for this Project is13.7m-15 m for settlement areas, flat and rolling sections; and 50m for mountain sections (where realignment of some curves is required). The curves to be improved are located on mountains where there are no residents and productive land. Civil works will be confined within these COIs. This represents a reduction over previously considered designs for which a typical COI 18m for settled and 22m for flat areas. The current COI excludes acquisition of land for diversion roads during construction, which will be temporarily rather than permanently acquired in the current design. This COI width is consistent with the 15m COI for the World Bank financed road improvements on a contiguous section of NH 6A. Furthermore, construction will as much as possible take place during the dry season which would also minimize impacts on farming activities.

B. Affected Population 15. A total of 24 households will be affected by various forms of losses (approximately 144 persons). This represents approximately 9% of the village household populations. In addition Electricity of Laos (EDL) is included in the RP an entitled entity being the owner of the affected electricity poles.

16. Of the affected households, 13 will be physically displaced, 1 will need to relocate their shop and 1 will lose a fishpond. There will be no loss of productive land. A summary of the affected households by village and by key impact is presented in the table below.

Table 3 : Summary of Affected Households by Location and Type of Key Impact

Village Total AHs Required to Relocate

Losing Productive

Land Affected Business

Loss of Fish Pond

Na Pung 5 1 - 1 - Pong 13 10 - - 1 Pakhom 2 2 - - - Pa hang 4 0 - - -

Total 24 13 0 1 1

C. Detail Measurement Survey (DMS) 17. A detailed measurement survey (DMS) was conducted October to November 2012 based on the initial project detailed design and then re-conducted May to August 2013 based on the final revised detailed design which incorporated minimizing features of reduced COI.. The DMS was conducted by a resettlement plan preparation team under guidance from the Project Supervision Consultant and with support of the Department of Public Works and Transport (DPWT) of Huaphanh Province and district authorities. All affected assets have been classified by land type, main structure, secondary structure, fishpond, trees and public


Resettlement Report

14

facilities (such as irrigation canal, electricity poles). A summary of the affected assets is set out in the table below. Table 4 : Summary Losses Type of asset HH Unit Area (m2)

Land (residential) 16

919

Fish Pond 1 m2 40 House 13 m2 693 Shop 1 m2 52 Secondary structures 4 m2 86 Fruit trees tree 22

D. Scope of Land Acquisition and Resettlement of NR6B 18. The following sections present a summary of the land acquisition and resettlement impacts by types of loss.

1. Land Acquisition

19. A total of 919.25m2 land will be permanently acquired consisting of 16 portions of residential land (879.25m2), and 1 fish pond (40 m2). Both affected residential land and fishpond will be compensated by replacement land irrespective of whether the land is within or outside the road right of way.

Table 5 : Land Losses (in m2)

Village Residential Land

Rice paddy Land Garden Land Fish

pond Na Pung 122 0 0 0 Pong 527.25 0 0 40 Pakhom 230 0 0 0 Pa hang 0 0 0 0

Total 879.25 0 0 40 Sources: Field DMS in October-November 2012

20. The decree on compensation and resettlement for development projects (Article 11) states that voluntary donation of land by AHs is only acceptable if the impact on their income generation is not significant (less than 20% loss), no physical displacement is caused, and AHs are fully aware of their entitlements before relinquishing them.

2. Affected main Structures

21. There are 14main structures affected consisting of: 2 semi-permanent houses, 4 permanent houses, 7 wooden houses and 1 shop. Almost all these main structures will be wholly affected by the Project. The details of the affected main structures by location are shown in the table below.


Resettlement Report

15

Table 6 : Affected Main Structures (No.)

Village Normal Houses

Simple Houses

Simi-Permanent

Permanent Wooden Shops

Houses House Houses Sop Bao Na Pung - - 1 - - 1 Pong - - 1 3 6 - Pakhom - - - 1 1 - Pa hang - - - - - - Total 2 4 7 1

Sources: Field DMS in October-November 2012

22. There is a total of 744.5 m2 of affected main structure types. The 14main structures (744.50m2) are classified into: semi-permanent houses (2)with a total area of 110 m2;permanent houses(4)with a total area of 264.50 m2;wooden houses (7)with a total area of 318.50m2;and independent shop(1)with an area of 51.5 m2. Details of those affected assets by location are shown in the table below and Annex 7.

Table 7 : Floor area (m2) of Affected Main Structures by Structure’s type

Village Normal Houses

Simple Houses

Simi-Permanent Houses

Permanent House

Wooden Houses Shops

Sop Bao Na Pung - - 66.0 - - 51.50 Pong - - 44.0 154.5 255.5 - Pakhom - - - 110 63 - Pa hang - - - - - - Total 110.0 264.5 318.5 51.5


3. Affected secondary Structures

23. There are 4 secondary structures affected by this Project comprising three porches and one kitchen. Details of these by location are presented in the table below.

Table 8 : Affected secondary Structures (No.)

Village No. Porch

No. Kitchen

Na Pung - - Pong 1.0 1 Pakhom 2 - Pa hang 0 Total 3.0 1.0

Sources: Field DMS in October-November 2012 24. There are 85.75 m2 of all secondary structure types affected of which65.75 m2 is floor area of affected porches, and 20 m2 is floor area of affected kitchen. These details are shown below.


Resettlement Report

16

Table 9 : Floor area (m2) of Affected Secondary Structures by Structure Type Village Porch

(m2) Kitchen (m2)

Na Pung - - Pong 18.8 20.0 Pakhom 47.0 - Pa hang - - Total 65.75 20.00


4. Affected crop and trees

25. A total of 22 fruit trees will be affected by land acquisition for civil works. These trees are used for household consumption. The impacts on standing crops is, related to seasonality and could not be estimated at this stage due to uncertainty as to which kind of crop would be planted in that season. A summary of the impacts on trees by location is presented in the table below.

Table 10 : Number of trees on the Project’s area (No.).

No. District/ Private trees Private trees Private trees Village

Sop Bao Fruit trees

Teak trees

Other trees

Teak trees

Fruit trees

Other tree

1 Na Pung 8 - - - - - 2 Pong 14 - - 0 3 Pakhom - - - - - - 4 Pa hang - - - - - - Total 22 0 0 0 0 0


5. Affected Public Facilities

26. There are 7 electricity concrete poles affected by the project.

Table 11 : Number of concrete poles by length

Type of pole 8 m 12 m Total Electricity 7

6. Impacts on Business and Income Loss

27. The project will require the relocation of one small shop, which will shift back behind the COI. This shop is not the primary source of income or livelihood of the AH. Nonetheless, the


Resettlement Report

17

owner of the shop is expected to lose income during the three-day period of relocating his shop.

7. Impact on Female-headed and Vulnerable Cases

28. There are no vulnerable affected households.

8. Summary of Impacts

29. The table below shows a summary of project impacts in NR6B. All affected types of structures, trees, land areas, and public facilities are included in the following table.

Table 12 : Scope of Land Acquisition and Resettlement Impact

No Items NR6B Unit/quantity AHs No Quantity

I Main structures 1 Normal House m2 0 0 0 2 Simple House m2 0 0 0 3 Semi-Permanent House m2 2 2 110 4 Permanent House m2 4 4 264.50 5 Wooden houses m2 7 7 318.50 6 Shop m2 1 1 51.5

Subtotal 14 14 744.50 II Secondary structures

1 Porches of hut, shop & house m2 3 3 65.75

3 Kitchen m2 1 1 20.0 4 Fence m 0 0 0 2 Brick Wall m2 0 0 0 6 Hut m2 0 0 0 7 Water Tank m2 0 0 0 8 Water tap No. 0 0 0 9 Latrine m2 0 0 0 Subtotal 4 4 85.75 III Land 1 Residential Land m2 16 16 879.25 2 Rice paddy m2 0 0 0 3 Garden m2 0 0 0 4 Fish Pond m2 1 1 40.00

Subtotal 17 17 919.25

IV Public facilities 1 Irrigation canal m 0 0 0 2 Electricity pole (8m) No 1 7 7 3 Electricity pole (12m) No 1 0 0 Subtotal 2 7 7 V Tree assets 1 Fruit Tree No 3 22 22.00 2 Teak Tree No 0 0 0


Resettlement Report

18

No Items NR6B Unit/quantity AHs No Quantity

3 Other tree No 0 0 0 4 Bamboo Cluster No 0 0 0

Subtotal No 3 22 22

Source: DMS, 3 November 2012 and May 2013


Resettlement Report

19

III. SOCIOECONOMIC CONDITIONS

30. This chapter focuses on the socio-economic conditions of affected households (AHs) along the upgrading sections of NR6B. In addition, some background information of Huaphanh Province, together with the project district of Sop Bao is presented.

A. Huaphanh Province 31. Huaphanh Province is located in the northeast part of the country bordering with Vietnam. It has the jurisdiction of 8 districts and 739 villages with 16,500 square kilometres of land area. The total population was 0.286 million in 2008, with an average population density of just 17.3 persons per square kilometre. Female population accounted for 49.5%. There were 44,658 households in the province, with an average household size of 6.4 persons. Among them, only 11.8% are residing in urban towns while the majority of 88.2% are living in rural areas. Among the total rural population, only 58% have access to roads by 2008.

32. The average GDP in 2008 was approximately US$ 392 per capita. In the same year, the province had about 43,616 ha of farmland under cultivation, averaging 0.16 ha per capita. Table 3 provides basic social and economic data of Huaphanh Province and the two districts covered by NR6A and NR6B.

Table 13 : Basic Social and Economic Data

No. Item Unit Huaphanh Province

Vieng Xai District

SopBao District

1. Number of villages No 739 107 68

2. Total HHs HH 44,658 5,839 4,307

3. Total population Person 285,766 34,339 26,414

4. Females % 49.5 49.1 50.0

5. Ethnic Groups 0F

1 % 41.9 24.7 30.4

6. HH size Person 6.4 5.9 6.0

7. Land area Km2 16,500 1,587 1,058

8. Population density Person/Km2 17.3 21.6 25.0

9. Poor Cases % 46.9 44.6 26.5

10. GDP per capita US$ 392 312 292

11. GDP by agriculture sector % 66 61 59

12. GDP by industrial and handicraft sector % 15 11 17

13. GDP by service sector % 19 28 24

14. Per capital grain production Kg 295 370 413

15. Per capita farmland 1F

2 Ha 0.16 0.09 0.11 Source: Statistic Centre of Huaphanh Province and Planning Department of each District

1Villages along project roads. 2Village and HH socioeconomic survey data indicated that per capita cultivated area is more than the official figures for the two districts.


Resettlement Report

20

B. Sop Bao District 33. Sop Bao District, where part of NR6A and whole NR6B are located, is in the northern part of Huaphanh Province. It borders Vieng Xai District to the south, Xieng Khor District to the east, and Vietnam to the north and east. The district has a total area of 1,058 square kilometres. In 2008, the district had 68 villages, 4,307 HHs and 26,414 persons. The female population accounted for 50.0% of the total population. The average population density was 17 persons/m2. Sop Bao is one of the two non-poor districts, out of a total of eight, in Huaphan Province, with only 26.5% of the HHs classified as poor in 2008. The average GDP per capita was $292. In the same year the district had 2,800 ha of farmland, averaging 0.11 ha per capita. This district has a larger portion of flat land and better irrigation conditions than most of the province. The average grain production was 413 kg per capita in 2008, the highest in the province. Its major agricultural products include rice, maize, soybeans, vegetables and fruit.

C. Villages in the Project Area 34. The four villages traversed by the project road are Na Pung, Pong, Pa Khok Ngai, and Pa Hang. The villages have a total population of 1,335 with a population density of 56 persons per square kilometre. The population is comprised of three ethnic groups: Hmong, Lao Loum, and K’mou. The table below presents aggregate demographic data of these villages.

Table 14 : Basic Data of Project Villages

Item Unit NR6B Length Km 24 Number of villages No. 4 Total HH HH 255 Total population Person 1,335 Population per kilometre Person 56 Female population % 40.41 HH size Person 5.50 Ethnic Group HH % Lao loum % 31.76 Hmong % 50.20 Kmou % 18.04

Source: Field interview of each villages along the road NR 6A & NR 6B in April-May 2013 35. Table 15 presents disaggregated demographic data of the 4 villages. The average agricultural land per person ranges from 0.23 to 0.64 ha. The project will not cause any loss of paddy land.

Table 15 : Profiles of Villages-2013

District Villages HH Population Agricultural land (ha)

Average /person (ha)

Paddy land loss due to project (%)

Sop Bao Na Pung 46 224 143 0.64

Pong 81 348 80 0.23 Pak hom 45 269 200 0.74 Pa hang 83 494 115 0.23

Total 255 1,335 538 0.403 Source: Field survey of each villages along the road NR 6A & NRA 6B in April-May 2013


Resettlement Report

21

D. Profiles of Affected Households 36. This section presents the profiles of affected households (AHs) obtained through sample household socio-economic survey (SES) of NR6B.

1. SES and Household Selection 37. Socio-economic data was collected through two survey instruments. The first was the project socio-economic survey, which covered the entire project area in November 2012. The sample for this survey was 376 households and included both affected and non-affected households. The survey sample in Sop Bao District was 60 households and included approximately 30% of affected households in 6B section of the project. The second data collection source was a separate socio-economic survey for project-affected households conducted in May 2013, which covered 100% of affected households. The surveys were conducted by ISAN/LTEC consultants and a locally mobilized survey team.

2. Structure, Composition, Employment and Education 38. The project area comprises 4 villages with a population of 255 HHs, comprising 1,335 individuals. This equates to an average household size of 6 persons.

39. Among the 255 HHs have three ethnic groups: Lao Lum 81 HHs, Hmong 128 HHs and khamou 46 HHs. Agriculture is dominant employment sector, and 255 HHs (100%) are reliant on farming as their main income source. All HH heads have no formal education due to living in remote areas and no teachers servicing these villages in the past.

3. Farmland Holding and Agriculture 40. There are two main types of land used for farming in the project areas. The first type is commune managed agricultural land (typically paddy). The land use rights for this are exclusively on a temporary basis and the land is reallocated and rotated amongst households on a 3-5 year cycle. The average per capita agricultural land area was 0.007 ha in 2012. The second main type of land used for agriculture is public land used for slash and burn cultivation 2F

3. This land is typically hilly land used informally by individual households. This is mostly under maize or vegetable cultivation. Approximately 17% of land under slash and burn cultivation is paddy providing an average of 0.01 ha of paddy land per capita. Another type is garden land is individually held and typically adjoins residential land and along the riverbanks. Garden land is typically small plots used to household consumption.

4. Land Tenure 41. All surveyed HHs reported using their paddy land on a short-term and temporary basis, with no title. Garden lands attached to houses and nearby the villages are mostly on a long-term basis, but some HHs just obtained their garden lands in 2006 and 2007. Local people are entitled to use their garden lands on a long-term basis, but they do not have permanent land title.

42. Agricultural land belongs to the state with land allocated for farming through land user rights. In Huaphanh Province, there is a long-standing practice of equitable distribution 3Farmers cut the trees and bushes on the mountain slope and burning after that they cultivate thrice, maize or other crops on the slope of mountain for 2-3 years and then rotate to another mountain slope in every 3 years.


Resettlement Report

22

of farmland, especially paddy land. Farmland in each village is re-distributed every 3 to 5 years to village households on an equitable basis determined on a per capita basis. Households with more family members are thus apportioned larger areas of farming land than those with fewer members. The location of land appropriated to each HH is also rotated every time the land appropriation is re-calculated, so that no household permanently occupies the same piece of land after every 3 or 5 years. Different land classifications are appropriated similarly in this manner. This practice assures that every household is allocated a proportionate piece of land to till for crop production as source of food and income as well as equalize the use of every parcel of land owned by the whole village. To an extent, this may discourage individual efforts to invest on assigned lands because usage is temporary in nature. However this practice is an institutionalized tradition and is accepted by the people in the area.

5. Household Assets 43. The 2012 SES collected information on household assets. All households have mosquito nets and almost all have motorbikes (92%), fans (80%) and TVs (78%). The data regarding household assets is presented in the table below. The living standards of people who live in the centre of districts along this road are similar to people who live in more remote areas because they are able to fulfil basic human needs such as having enough food, adequate clothing, having permanent housing, and access to health care, education and transportation service. Government programs are in place to ensure provision of basic social services (Prime Minister Instruction No. 010/PM, June 25, 2001).

Table 16 : Household Assets in Sop Bao District

Household Asset HH % Mosquito Nets 60 100.00 Fan 48 80.00 Gas or Electric Stove 3 5.00 Refrigerator 21 35.00 Radio 14 23.33 Colour Television 47 78.33 Motorcycle 55 91.67 Car 3 5.00 Grinder 40 66.67 Bicycle 28 46.67 Water pump for irrigation 1 1.67

Source: 2012 SES

6. Income and Sources 44. Average income from Vieng Xai and Sop Bao Districts about 2.5 million kip per years. The income sources from agriculture and small business. Table 17 shows an average income from two districts.


Resettlement Report

23

Table 17 : Average Household Income of Vieng Xai and Sop Bao Districts

Project districts Income (Million Kip) Expenditure (Million Kip)

Maximum Minimum Average Maximum Minimum Average Vieng Xai 15 5 3 13 5 3

Sob Bao 10 4 2 8 4 2

Total 12,5 4,5 2,5 10,5 4,5 2,5 Source: Field survey data from socio-economic team, 3-15 November 2012

7. Expenditure Pattern 45. On average, the household monthly living expenditure in Sob Bao is 2,000,000 kips which is equivalent to their average income. Of the total living expenditure, 80%, 8%, 7% and 5% were respectively spent on food, health care, education and festival/social affairs.

8. Poverty in the Project Area 46. There are a total of 55 poor households in the project villages, equating to 22% of the total population. The higher proportions of poor households are found in Pakhom and Na Pung villages with 36% and 28% poverty rates, respectively. The period of food shortage ranges from 4 to 6 months per year. All residential houses are predominating simple and wooden structured. Brick and concrete buildings are rare and can hardly be seen. Based on the surveys conducted preparing this RP, there are no poor households amongst the affected households. A summary of poverty indicator data is set out in the following table.

Table 18 : Summary of Poverty Indicator Data

District/Village

Poor HH

(HH) Poor HH (%) Months per year

food shortage Houses of

temporary structure

Sop Bao Na Pung 13 28.26 6 39% Pong 11 13.58 4 3% Pakhom 16 35.56 4 2% Pa hang 15 18.07 5 10% Total 55 21.57 4.75

Source: Field survey from socio-economic team, May 2013

9. Access to Basic Services 47. All HHs in the project area have access to electricity as well as communal water supplies (gravity fed public taps). All villages have primary schools. However, only Na Pung has a high school. Children from the other villages are required to travel 5 to 9 km to go to high school. Access to a health centre requires travelling distances ranging from 4 to 9 km. Data related to access to basic services are presented in the table below.


Resettlement Report

24

Table 19 : Access to Basic Services

District/Village

Primary school

Distance to High School

(km)

Distance to health

care centre (km)

Electricity

Main Water source

Sop Bao

Na Pung Yes 0 4 Yes Gravity-fed

Pong Yes 5 9 Yes Gravity-fed

Pakhom Yes 9 8 Yes Gravity-fed

Pa hang Yes 8 5 Yes Gravity-fed

Source: Field survey from socio-economic team, May 2013

10. Ethnic Groups 48. In Lao PDR there are 49 different ethnic groups. The official terminology for the classification of “ethnic groups” is in accordance with the Lao Constitution (1991) and a review by the National Edification Committee (August 2000) consists of a two-tiered system with 49 main ethnic groups and over 100 sub-groups. There are four main ethno linguistic categories in the country: Lao-Tai, Mone-Khmer, and Sino-Tibetan and Hmong-Iewmien groups. The term ‘ethnic group’ is used in place of the term ‘indigenous peoples’ used in the ADB SPS. In the project area population is comprised of three ethnic groups: Lao Lum 31.76% (81 HHs), Hmong 50.201% (128 HHs), and Khamou 18.04 % (46 HHs). While all three groups self-identify as distinctive ethnic groups, the Lao national language is commonly spoken amongst all groups.


Resettlement Report

25

IV. POLICY FRAMEWORK

A. Introduction 49. The policy framework for this updated resettlement plan is based on the laws and decrees of the Government of Laos PDR and ADB’s Safeguards Policy Statement (2009) and in consistent with the resettlement plan prepared for the project under TA No. 6478 (Preparing the Second Northern Greater Mekong Subregion Transport Network Improvement Project) in November 2010. There are several legal instruments related to the use and management of land in Lao PDR. Most relevant to this project are the Constitution (1991), the Land Law (04/NA 2003) and the Road Law (03/NA 1999). Additionally, the 2005 Decree 192/PM on Compensation and Resettlement for International Development Projects clearly outlines the required processes and actions for expropriation of land and compensation for other impacts. Subsequent Regulations for Implementing Decree 192/PM and Technical Guidelines for Compensation and Resettlement of People Affected by Development Projects were also issued in November 2005. This decree and its associated regulations and guidelines represent significant improvements in Lao PDR’s legal framework vis-a-vis ADB’s Policy on Involuntary Resettlement. The relevant contents of each of these instruments are discussed in the following sections.

B. The Constitution 50. Article 14 of the Constitution declares that the State protects and promotes all forms of state, collective and individual ownerships. Article 15 declares that the land within the Lao PDR is owned by the national community and that the State ensures the rights to citizens to use transfer and inherit it in accordance with the law. Article 8 establishes the right of all ethnic groups relative to the preservation and promotion of their customs and heritage. All acts of division and discrimination among ethnic groups are prohibited.

51. These principles of protection, property ownership and land use are further elucidated and defined in the Road Law (1999 & 2003), all of which have bearing on current resettlement practices.

C. The Land Law 52. The Land Law, adopted by the National Assembly in 2003, is the principal legislation by which the State exercises its constitutional responsibility for tenure, access, use and management, and preservation of land. Several articles of particular importance to resettlement are summarized below: i） Article 3 reaffirms that all land in the Lao PDR is the property of the national

community (as stated in the Constitution, Article 15) for whom the State is the uniform central administrative representative throughout the Country and individuals are assigned to effectively use the land (only non-forest land in private title or land held under a long-term lease can be transferred).

ii） Article 5 protects the legal rights and benefits of those who have effectively received the right to use land including the right to transfer it.

iii） Article 11 classifies land into eight categories, and subsequent chapters of the Law are concerned with the management of each. The categories are: a) agricultural land, b) forest land, c) water area land, d) industrial land, e) communication land, f) cultural land, 9) defence and security land, and h) construction land.


Resettlement Report

26

iv） Article 31 defines that communication land is land used for roads and bridges, drainage channels, footpaths, electric lines, and etc. The management of which is under the MPWT.

v） Article 43, refers to the certification of the lawful land use rights of persons or entities. There are two land registration methods (Article 44) by which individuals can register the land, which they are using lawfully. First is systematic land registration, which is carried out throughout a designated area where land allocation, zoning, or classification is required. Systematic registration confers a Land Title. Second, persons or entities can make applications to certify their right to use certain land.

vi） Under Article 48, land certificates are issued by district level authorities for temporary right to use agricultural or forestland. These land certificates can be inherited, but cannot be transferred or used as collateral.

vii） Article 53 states that persons who have received the right to use the land have the following rights: to protect land for use for a specific objective, to use land for a specific purpose in accordance with the State’s allocation plan, to enjoy usufruct or income from the land, to transfer and inherit the use right.

viii） Article 63 states that the land use right shall terminate either through voluntary relinquishment of the land or if the State retrieves the land for public purposes. However, the landholder is entitled to just compensation for the taking over (Article 70)

ix） Compensation is treated in Articles 68 to 72 of the Land Law. Article 70 states that persons or entities requiring a right-of-way and thereby cause damage to crops or buildings must make appropriate compensation. Article 71 states that when the use of land belonging to other persons or organizations becomes necessary for the public interest, the State will compensate any damage suffered by the rightful user of the requisitioned land, as appropriate. Furthermore, the Law requires that each village, province, municipality, or special zone keep five percent of its total land area in reserve to ensure the compensation of requisitioned land.

x） Article 72 states that the evaluation of damages will be done by a committee composed of representatives of the various concerned parties.

53. The Land Law does not specifically address itself to unregistered land users. It does, however, provide the registration and certification methods described above by which individuals can register the land which they are using lawfully. Article 82 further provides that persons or entities that are lawfully keeping, using, and developing land with efficiency will be awarded the right to use that land.

D. The Road Law 54. The Road Law was adopted by the National Assembly on the 3rd of April 1999 and has been developed to define principles of management, use, planning, design, construction, maintenance and safety of public roads in the Lao PDR. The law outlines several issues in relation to the land required for these roads, and the management and use of these lands.

The Road Law defines that the “road” includes the corridor of land over which the traffic passes, and also the land on either side of the surface, which is reserved for extension of the road or for security activities of the road. Articles of the Road Law, which are relevant to land acquisition and resettlement for the Project, are: i） Article 19 states that privately owned land or land under permitted land use required

for road construction will be expropriated, and the owner will receive reasonable compensation.


Resettlement Report

27

ii） Article 20 defines the road limit for each class of road: i) 25 m either side of the centre line for national roads, ii) 15 m either side of the centre line for provincial roads, iii)10 m either side for district roads; and v) 5 m either side for community/rural roads.

iii） Article 21 states that no construction is permitted in the reserved areas. In Cases of necessity, the construction must be authorized by the Road Authority.

E. Decree on Compensation and Resettlement for Development Projects 55. This decree was issued on the 7th of July 2005 by the Office of the Prime Minister. Along with the decree’s Regulation on Implementation (November 2005) and Technical Guidelines (November 2005), they provide a comprehensive framework on resettlement planning in Lao PDR. Some of the more pertinent articles of relevance to the Project’s resettlement are: i） Article 6. Compensation principles state that before compensation, a joint committee

will be established to assess loss to Cases. Cases will be entitled to compensation for structures at replacement costs, compensation will be payable for losses of income due to projects, and those without documented legal titles will still be entitled to compensation for lost structures and other support so as not to be negatively impacted.

ii） Article 6 states that Cases who are living in rural or remote areas, who do not have any legal Land Use Certificate or any other acceptable proof indicating land use right to the affected land and assets they occupy shall be compensated for their lost rights to use land and for their other assets at replacement costs and provided additional assistances to ensure that they are not worse-off due to the project. Cases in urban areas, who do not have any legal Land Use Certificate or any other acceptable proof indicating land use right to the affected land and assets they occupy and who have no land at other places will be compensated for their lost rights to use land and for their other assets at replacement cost and other additional assistance to ensure they are not worse off due to a project.

iii） Article 8 states that Cases are entitled to economic rehabilitation measures if more than 20% of their income-generating assets are lost due to a development project.

iv） Article 11 states that voluntary donation of land by Cases is only acceptable if the impact on their income generation is not significant (less than 20% reduction), no physical displacement is caused, and Cases are fully aware of their entitlements before relinquishing them.

v） Article 11 also states that project proponents will define mitigations measures and socioeconomic benefits to improve the status of ethnic minority communities, which will be developed in consultation with the communities and in harmony with their cultural preferences.

vi） Article 17 requires a separate section on ethnic minority people’s issues and mitigation measures in the RP. Where impacts on them are more significant an Ethnic Minority Peoples Development Plan (EMDP) will be prepared.

56. The decree and its guidelines rectify key areas of the Land and Road Laws which would prevent informal land users from any eligibility, and also sets a clear definition of the “reasonable compensation” mentioned in the Land and Road Laws and determines these as replacement cost. The remaining gap between these regulations and ADB policy are discussed later.


Resettlement Report

28

F. ADB Policies and Requirements 57. The ADB Safeguard Policy Statement (2009) consolidates three existing safeguard policies: involuntary resettlement (IR), indigenous peoples (IP), and environment. The objectives of the IR policy are to (i) avoid involuntary resettlement, (ii) explore alternatives to avoid, (iii) restore livelihoods and (iv) improve living standards of poor and vulnerable households. The IP (or ethnic group in the Lao PDR context) policy objectives are to (i) design and implement projects that fosters full respect for ethnic group's identity, dignity, human rights, livelihoods systems, and cultural uniqueness as defined by the ethnic group themselves and (ii) ensure that ethnic groups receive culturally appropriate social and economic benefits, do not suffer adverse impacts as a result of projects, and can participate actively in projects that affect them. The policy on environment is discussed in a separate environment report. 58. The ADB Policy on Gender and Development (1998) adopts gender mainstreaming as a key strategy for promoting gender equity, and for ensuring that women participate in and that their needs are explicitly addressed in the decision-making process for development activities. The new safeguard policy and requirements also reiterates the importance of including gender issues in the preparation of safeguards documents at all stages to 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 restoration/improvement of their living standards; and to ensure that women will receive project benefits. Other policies of the ADB that have bearing on resettlement planning and implementation are the (i) Public Communications Policy (March 2005), and (ii) Accountability Mechanism (2003). 59. The SPS sets out the following principles3F4 to be delivered in the area of involuntary resettlement in all projects in which ADB is involved: i） Screen the project early on to identify past, present, and future involuntary

resettlement impacts and risks. Determine the scope of resettlement planning through a survey and/or census of displaced persons, including a gender analysis, specifically related to resettlement impacts and risks.

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

iii） Improve, or at least restore, the livelihoods of all displaced persons through (a) land-based resettlement strategies when affected livelihoods are land based where possible or cash compensation at replacement value for land when the loss of land does not undermine livelihoods, (b) prompt replacement of assets with access to assets of equal or higher value, (c) prompt compensation at full replacement cost for

4ADB, Involuntary Resettlement Safeguards, page 17 of the SPS.


Resettlement Report

29

assets that cannot be restored, and (d) additional revenues and services through benefit sharing schemes where possible.

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

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

vi） Develop procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlement to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihood status.

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

viii） Prepare a resettlement plan elaborating on displaced persons’ entitlements, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time-bound implementation schedule.

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

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

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

xii） Monitor and assess resettlement outcomes, their impacts on the standards of living of displaced persons, and whether the objectives of the resettlement plan have been achieved by taking into account the baseline conditions and the results of resettlement monitoring. Disclose monitoring reports.

G. Key Differences between GOL and ADB Policies 60. The recent changes in the Government of Lao PDR (GOL) legislation related to compensation and resettlement in development represents a significant improvement in the


Resettlement Report

30

rights of citizens when their livelihoods, possessions and society are affected by development projects. Due to the recent changes, GOL’s and ADB’s policies on resettlement are now highly compatible. Keys gaps in policies on resettlement relevant to this Project are: i） Definition of severely affected persons varies between ADB (OMF1/OP para 9, 2010)

at 10% and Lao Decree 192/PM (Article 8) at 20% of income generating assets affected. However in accordance with Decree 192/PM (Article 6) which entitles all APs to economic rehabilitation assistance to ensure they are not worse off due to the Project, the 10% definition of severely affected will be adopted as part of the Project’s resettlement policy.

ii） GOL implicitly or even explicitly encourages voluntary donation of land (Article 11 of 192/PM- Decree on Compensation and Resettlement for Development Projects) if an AP’s loss of income is less than 20%. ADB SPS requires that all losses are to be compensated and impacts mitigated to ensure that the living standards of affected persons are maintained, if not improved, compared to pre-project conditions.

61. This RP uses the ADB criteria for defining severely AHs and does not encourage land donation.

H. Project Principles and Objectives 62. In line with GOL and ADB resettlement policies, the fundamental resettlement principles in this RP are: i） Involuntary resettlement and impacts on land, structures and other fixed assets will be

minimized where possible. ii） Affected Households (AHs) residing, doing businesses and cultivating land within the

required area as of cut-off date but verified during DMS (based on detailed design) will be entitled to compensation and rehabilitation assistance.

iii） Lack of formal legal title or rights will not be a barrier to eligibility for compensation and assistance under the Project.

iv） AHs will not be displaced from affected land until their villages allocate suitable alternative sites or compensation is paid that is sufficient to purchase suitable land within the same or neighbouring villages. The district resettlement committees and relevant villages will ensure that AHs are able to find alternative sites or income sources.

v） All compensations will be based on the principle of replacement costs at the time of compensation. For houses and other structures, this will involve the costs for materials and labour at the time of acquisition, with no deduction for depreciation or for salvageable materials. Compensation for land will be replacement land as a priority, or where this is not possible, in cash adequate to purchase land locally of equivalent size and quality, and where required to improve land to achieve suitable quality.

vi） The process and timing of land and other asset acquisition will be determined in consultation with AHs to minimize disturbance. AHs will also be systematically informed and consulted about the Project, the rights and options available to them and proposed mitigating measures. The comments and suggestions of AHs and communities will be taken into account.

vii） 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 AHs will be entitled to compensation at replacement cost for the entire asset.

viii） The key information in the RP such as measurement of losses, detailed asset valuation, compensation and resettlement options, detailed entitlements and special


Resettlement Report

31

provisions, grievance procedures, timing of payments and displacement schedule will be disclosed to AHs in the form of public information booklet (PIB) before loan appraisal. In addition, notices in the form of information posters will also be placed in conspicuous and accessible locations such as district and village offices. The PIB and posters will be in local language.

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

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

xi） Special measures will be incorporated in the resettlement plan to protect socially and economically vulnerable groups such as ethnic minority (EM) people, women-headed AHs, AHs headed by the disabled, the elderly, landless and people living below the generally accepted poverty line. Vulnerable AHs will be provided with appropriate assistance to help them improve their standard of living through asset building strategies such as provision of land, replacement housing of minimum standards and increased security of tenure.

xii） There will be effective mechanisms for hearing and resolving grievances during updating and implementation of the RP. Resettlement taskforce at village level will include representatives from AHs especially women and vulnerable groups.

xiii） Institutional arrangements will be in place to timely and effectively design, plan, consult and implement the land acquisition, compensation, resettlement, and rehabilitation programs.

xiv） Adequate budgetary support will be fully committed and made available to cover the costs of land acquisition and resettlement within the agreed implementation period.

xv） 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.

xvi） Voluntary donation will not be applied for any assets.

I. Project Entitlements Various compensation measures and entitlements have been determined for all categories of land acquisition and resettlement impacts resulting from the Project. Entitled persons or AHs are those who satisfy the cut-off-date on 31 December 2012, which was publically announced in each of the project villages in December 2012 following completion of the census and initial DMS in November 2012. Project entitlements are shown in the entitlement matrix below.

Table 20 : Entitlement Matrix

Type of

Loss/Assistance Eligibility Entitlements Implementation Issues (for URP)

Village-owned agricultural/ productive/ aquaculture land (paddy, garden and

Village land

Compensation at replacement value will be paid to affected villages as village welfare fund. Or

The amount to be provided to the village welfare fund is 30,000 kip per m2. However, the village should


Resettlement Report

32

Type of Loss/Assistance Eligibility Entitlements Implementation Issues (for

URP) fish pond)

The district can provide the land areas to the village in order to ensure long-term livelihood sustainable in the future. .

receive some more land from the district (available in each villages), and the project should provide the equipment for land levelling and grading to be paddy land. The village welfare funds should be provided by District or province to the severity of affected villages (available in district or province).

Households who were allocated with village land for cultivation/ farming purposes

Reallocation of productive land within the village by redistribution of village productive land. Cash assistance for loss of crops which is equivalent to the 1.5 of annual gross value per year multiplied by the number of years until village re-allocate land to the villagers. For households with fishpond land, if the currently held fish stocks will not be harvested before the project takes possession of the fishpond, then cash compensation for the projected mature value of fish stock held at the time of compensation.

• Land will be redistributed no later than September 2016.

• The total cost for cash assistance for loss of crops is estimated for planning purposes at 901,920,888 kip (1.5 x 127,336 m2 x 1,574 kip x 3 years) and is included in the resettlement budget.

Residential land

Households with certificates (such as Form 01) or in the process of obtaining Form 01 or who are eligible to obtain Form 01 or those with customary use rights (13 AHs in 6B)

Cash compensation at replacement cost which is equivalent to the current market value of land of similar type and category, and free from transaction costs (taxes, administration fees) and (ii) Project contractor to improve remaining residential land at no cost to DPs (e.g. filling and leveling) so DPs can move back on remaining plot. OR Village will provide replacement land in a suitable location of similar size and accessibility to utilities (water/ electricity); AND Project will pay the cost of site preparation (leveling, filling) and connection of services (electricity/water);

• Based on replacement cost

survey carried out during RP updating, cost of residential land is at 30,000 kip per m2

• Payment of Form 01 certificate is 40,000 kip ($5.19) per certificate.


Resettlement Report

33


URP) •

Households on village land/ government land or with temporary use rights (land that cannot be considered legalizable). (No AHs in 6B)

If can move back on remaining land: the Project will pay the cost for site preparation of remaining land (e.g. leveling, filling and excavation) If required to relocate: Village will provide replacement land in a suitable location of similar size and accessibility to utilities (water/ electricity); AND Project will pay the cost of site preparation (leveling, filling) and connection of services (electricity/water);

Cost for site preparation will be paid by the project (include in civil works) and connection of utilities (water, electricity) should be included in the resettlement budget.

Houses and shops and other secondary structures

Owners of structures regardless of tenure status.

Totally affected and can not be relocated. Cash compensation at replacement cost equivalent to current market prices of: (i) materials, with no deduction for depreciation of the structure or salvageable materials; (ii) materials transport; and (iii) labor cost to cover dismantling, transfer and rebuilding. Totally affected and can be relocated. Entitled to moving allowance and repair costs. Partially affected. Cash compensation at replacement cost for the affected portion of structure equivalent to current market prices of (i) materials and labor, with no deduction for depreciation of the structure or for salvageable materials (ii) materials transport, and (iii) cost of repair of the unaffected portion. Moveable secondary structures (e.g. rice bins), which require relocation. If the structures are moveable and will not require any dismantling or will not cause any damage during relocation to new site, owners of structures will be given moving allowance to cover payment for labor.

Adequate time (two months) provided for DPs to rebuild/repair their structures Based on the Replacement Cost Study, the compensation rates range: Wooden to concrete house structures (or similar): from 161,000kip ($21) per m2 to 205,000 kip (26.62) per m2. Wooden to concrete shops: from 40,000 kip ($5.2)/ m2 to 161,000 kip ($21)/ m2. If a house (wooden/native material) can be relocated on remaining land without significant damage then the owner will be entitled to moving allowance. The moving allowance for houses is 1,600,000kip (allowance based on 10 days x 4 labour x 40,000kip per day). Allowance for repair costs is based on actual cost. For small shops, which can be relocated without significant damage, the moving allowance is estimated at 120,000 kip (based on 3 days x 40,000 Kip). Rice bins: 40,000 kip ($5.2) per m2 (made of bamboo and grass roof) to 161,000 kip ($21) per m2 (wood floor with zinc roof and


Resettlement Report

34


URP) wall) (If cannot be moved).

Trees and standing crops •

Owners regardless of tenure status

Perennial trees: cash compensation at replacement cost equivalent to current market value based on type, age, and productive capacity. Timber trees: cash compensation at replacement cost equivalent to current market value based on type, age and diameter at breast height (DBH) of trees Standing crops: cash compensation equivalent to 1.5 of annual gross value per year

•

Public infrastructure facilities (e.g., electricity and telecommunication poles, irrigation and drainage canals, local access paths)

Management bodies

Poles: cash compensation for cost to dismantle, transfer and rebuild for poles Canals and access roads: covered by engineering work. Construction contractors are responsible for restoration.

Contract term for contractors to restore damaged canals and access roads before completion of all construction works

Loss of business income during relocation OR during dismantling/ repair of affected portion of shop (without relocation)

Owners of shops

For informal businesses (shops) cash assistance equivalent to the average net income per day multiplied by the number of days of business disruption.

Cash assistance calculation is based on the following: Estimated average daily income of 40,000 kip per shop Estimate days of business disruption: 1 day for shops made of traditional materials (bamboo)/ movable (can be carried without totally dismantling the structure) 3 days for shops made of permanent materials (such as good wood and concrete)

Disruption/ Loss of Income During Relocation

Relocating households – relocating on residual land or to other sites

Relocating DPs will be provided with cash or in-kind assistance equivalent to 16 kg of rice at current market value for 3 months per household member Relocating DPs with main source of income affected (i.e., from businesses) will be

For a 6-member household, the cash assistance is estimated at : 3 months rice assistance is estimated at 1,440,000 kip ($187) per HH. 6 months rice assistance is estimated at 2,880,000 kip


Resettlement Report

35


URP) provided with cash or in-kind assistance equivalent to 16 kg of rice at current market value for 6 months per household member. If household belongs to poor and vulnerable groups, an additional allowance of 1 month supply of 16 kg of rice per person in the household Materials transport assistance in the form of provision of dump truck and labour, or a cash moving allowance if a truck and labour cannot be provided.

($374) per HH. 1-month rice assistance (additional allowance) is estimated at 480,000 kip ($62.3) per HH. This is in addition to other stabilization assistance for loss of use of productive land or disruption to income from shops.

Temporary occupation of land

Users or occupants

For agricultural and residential land to be used by the civil works contractor as by-pass routes or for contractor’s working space, (i) rent to be agreed between the landowner and the civil works contractor but should not be less than the unrealized income and revenue that could be generated by the property during the period of temporary use of the land; (ii) cash compensation at replacement cost for affected fixed assets (e.g., structures, trees, crops); and (iii) restoration of the temporarily used land within 1 month after closure of the by-pass route or removal of equipment and materials from contractor’s working space subject to the conditions agreed between the landowner and the civil works contractor.

The construction supervision consultant will ensure that the (i) location and alignment of the by-pass route to be proposed by the civil works will have the least adverse social impacts; (ii) that the landowner is adequately informed of his/her rights and entitlements as per the Project resettlement policy; and (iii) agreement reached between the landowner and the civil works contractor are carried out.


Resettlement Report

36

V. RELOCATION AND REHABILITATION STRATEGY

63. This section of the RP presents the strategies to address impacts of physical economic displacement caused by land acquisition for the project in the area covered under the scope of this RP. There are 13 houses and 1 shop, which will require relocation. The details of the impacts and strategies to address their needs are set out below. There are no especially vulnerable households.

1. Relocation of Houses and Shops 64. The Project will fully affect 14 main structures, consisting of 13 houses and 1 shop. Table 21 shows summary of affected main structures and relocation plan for each AH.

Table 21 : Relocation of Affected Houses

No. Type of structures No. of AHs

No. of main

structures (house/ shop)

Relocation Options of AHs

1 Semi permanent houses 2 2 2 of houses request to move to new land

2 Permanent houses 4 4 4 houses have no residential land to move back, require the project to allocate the new land.

3 Wooden houses 7 7 7 houses will relocate to new area with land allocated by the project

4 Shops 1 1 1 shops can shift back on remaining land at the same location

Total 14 14

65. All above structures shall be removed from the site and the Districts will provide replacement residential land for the physically displaced households. Semi-permanent and wooden houses can typically be wholly relocated to new sites without damaging the structures, if the distance of the new site is not too far. The district authorities have experience with similar projects, such as the WB’s road project (at the end of NR6B) and ADB 9 road project. If the houses cannot be relocated without causing significant damage, the structures will be compensated at replacement cost. All relocating households will require new replacement land.

66. All affected residential land lots have Form 01 certificates. All AHs were given the option of cash compensation or replacement land. All AHs opted for replacement land. The replacement land will be provided in the same village and the house construction site will be fully prepared (e.g. levelling, filling, etc.) by the project.

2. Business and Income Loss 67. The project will require the relocation of one small shop, which can shift back behind the COI. This shop is not the primary source of income or livelihood of the AH. Nonetheless, the owner of the shop is expected to lose income during the three-day period of relocating his shop. In view thereof, the owner of this affected small shop will receive the cash equivalent of


Resettlement Report

37

3 days of work using the minimum daily wage of Kip 40,000, or an aggregate amount of 120,000 Kip in compensation for loss of business income4F

5as well as other transitional assistance to which he is otherwise entitled, including relocation assistance. The affected household will receive compensation for the permanently acquired land. In addition the shop owner will receive assistance for site preparation of the remaining land upon which they will relocate.

68. The affected business will be given one-month advance notice to assist them to manage their affairs and prepare for relocation.

69. As for income loss from 22 fruit trees, the Project will pay compensation at replacement cost to the APs and the APs may retain any materials from the trees to use as they see fit. Any standing crops affected by the project will be compensated at 1.5 times the annual value as indicated in the entitlement matrix.

70. In the project area of road 6B, there will be no permanent loss of productive land. However, one household will lose a fishpond. The project will replace the fishpond by excavating a new fishpond on his (non-productive) land.

3. Assistance for Vulnerable Households 71. There are no vulnerable households amongst the affected households.

4. Allowances 72. The following table summarizes key allowances to support relocation and livelihood restoration.

Table 22 : Summary of Allowances for Relocation and Livelihood Rehabilitation

Allowances HH Description

• Transportation of houses materials 15

Materials transport assistance in the form of provision of dump truck and labour, or a cash moving allowance if a truck and labour cannot be provided.

• Transition allowances

13

Relocating DPs will be provided with cash or in-kind assistance equivalent to 16 kg of rice at current market value for 3 months per household member

0

Relocating DPs with main source of income affected (i.e., from businesses) will be provided with cash or in-kind assistance equivalent to 16 kg of rice at current market value for 6 months per household member.

• Special allowances for vulnerable HHs 0 Additional allowance of 1 month supply of 16 kg of

rice per person in the household

• Business loss allowances 1

For informal businesses (shops) cash assistance equivalent to the average net income per day multiplied by the number of days of business disruption.

73. Verification of provision of the specified allowances and assistance measures are detailed in the monitoring indicators for this updated RP (refer to Table 28.)

5The socioeconomic survey indicated that the net income of these shops is 450,000-700,000 Kips monthly or 15,000-23,000 Kips daily.


Resettlement Report

38

VI. GENDER STRATEGY

74. Special attention has paid to the women’s position in the affected area in the process of RP preparation, especially during the village level consultations and SES. In addition, household interviews were conducted to understand women’s position in the family and their participation in social public affairs. In general, women’s position in the family is increasing and men and women are basically equal. Women among the affected villages play important roles in every aspect of their families’ daily life and decision-making. However, due to the under developed local economy and the influence of traditional customs, the level of women’s participation in public affairs is still low in comparison with men.

75. Women as well as Women’s Union actively participated in the consultations and their views sought through various means. Women in the project villages are very supportive of the project and expect significant benefits of improved health (due to reduced dust and better access to health services) and improved access to markets and social services. (Please refer to RP chapter – Consultation, Participation and Disclosure for further details.)

76. Specific gender sensitive measures are included in the RP as set out below:

i） Women will be meaningfully consulted throughout RP preparation and implementation, including resettlement and livelihood restoration preferences where applicable. As needed separate consultation meetings will be organized for women to ensure their participation;

ii） Women are to be present during household surveys, such as DMS, and are required to jointly sign documentation related to confirmation of affected assets, compensation and assistance;

iii） Women are to be present during compensation payment and jointly sign compensation agreements and notices;

iv） New land user rights certificates, where issued, are to be in the names of both spouses heading households;

v） The Women’s Union will be actively involved in RP preparation and implementation, including forming a constituent member of the resettlement and grievance redress committees.


Resettlement Report

39

VII. ETHNIC GROUP SPECIFIC MEASURES AND PROJECT IMPACTS

77. The ADB SPS objective regarding indigenous people is to design and implement projects in a way that fosters full respect for Indigenous Peoples’ identity, dignity, human rights, livelihood systems, and cultural uniqueness as defined by the Indigenous Peoples themselves so that they (i) receive culturally appropriate social and economic benefits, (ii) do not suffer adverse impacts as a result of projects, and (iii) can participate actively in projects that affect them.

78. In Lao PDR there are 49 different ethnic groups. The official terminology for the classification of “ethnic groups” is in accordance with the Lao Constitution (1991) and a review by the National Edification Committee (August 2000) consists of a two-tiered system with 49 main ethnic groups and over 100 sub-groups. There are four main ethno linguistic categories in the country: Lao-Tai, Mone-Khmer, and Sino-Tibetan and Hmong-Iewmien groups. While Laos is composed of various ethnic groups there is no main ethnic group, which forms a main or dominant society or culture significantly distinct from the various constituent ethnic groups in the country. The term ‘ethnic group’ is used in place of the term ‘indigenous peoples’ used in the ADB SPS. Aspects of vulnerability or marginalization within the country are associated with geographical remoteness and access to resources or opportunities rather than related ethnicity.

79. In the project area the population is comprised of three ethnic groups: Lao Lum 31.76% (81 HHs), Hmong 50.201% (128 HHs), and Khamou 18.04 % (46 HHs). While all three groups self-identify as distinctive ethnic groups, the Lao national language is commonly spoken amongst all groups.

80. Local communities have been consulted on project related matters through preparation of resettlement, environment and social development plans preparations. Consultations will continue throughout project implementation. A consultation and participation plan has been prepared for the project. All groups are fully fluent in Lao. As such the mode of delivery of information was in a form suitable to them. Traditional community elders have also been actively engaged in all the consultation meetings at the local level. The grievance redress mechanism is also culturally appropriate for the local communities.

81. Negative and positive impacts associated with the project as well as respective mitigation measures and channels of benefits delivery are set out in the table below.

Table 23 : Summary of Project Impacts

Impact Positive/

Negative (+/-)

Mitigation Measure/ Benefit Channel

Land acquisition and resettlement - Fully mitigated through the RP Risk of increased transmission of HIV and human trafficking -

Risks mitigated through HIV and Human Trafficking Awareness and Prevention Program (HTAPP) to be implemented by a separate service provider under the project.

Traffic safety due to increased vehicle speeds and traffic -

Mitigated through incorporation of road safety in project technical design, including calming measures to reduce traffic speeds in populated village areas.

Improved access to services and + Improved road conditions will improve road travel,


Resettlement Report

40

markets especially during rainy seasons. Improved health + Reduced dusk and improved access to health

services Economic improvement

+

Some project-related work opportunities (especially for unskilled labour) during civil works. (Preference for locally sourced labour as well as required for 25% of unskilled labour to be women specified in works contract.) Longer term expected benefits of economic improvement due to increased flow of traffic, reduced transportation costs, and travel saving times.

Consultation, participation and grievance redress.

+

Local communities fully informed and consulted on all aspects of the project affecting them in culturally appropriate manner. Local community elders actively involved in consultations. Grievance redress mechanism operates in a culturally appropriate manner.


Resettlement Report

41

VIII. CONSULTATION, PARTICIPATION AND DISCLOSURE

82. Meaningful consultation and information dissemination has been an integral component of the preparation of the RP. Meaningful consultation is a process that (i) begins early in the project preparation stage and is carried out on an ongoing basis throughout the project cycle; (ii) provides timely disclosure of relevant and adequate information that is understandable and readily accessible to affected people; (iii) is undertaken in an atmosphere free of intimidation or coercion; (iv) is gender inclusive and responsive, and tailored to the needs of disadvantaged and vulnerable groups; and (v) enables the incorporation of all relevant views of affected people and other stakeholders into decision making, such as project design, mitigation measures, the sharing of development benefits and opportunities, and implementation issues. Meaningful consultation commenced during the preparation of the RP as well as updating of this RP. It has been, and will continue to be held with stakeholders and affected households. It is most crucial during the final DMS when the inventory of affected assets is finalized and compensation and other resettlement concerns are sorted out with the AHs.

1. Mechanisms for Consultation 83. During the preparation of the updated RP, significant information dissemination and consultation with primary stakeholders were undertaken from October 2012, through DMS, village level meetings, sample household surveys, and meetings with key stakeholders.

84. Table 22 below summarizes the scope and extent of the surveys and consultations undertaken from October 2012 to June2013.

Of particular significance to resettlement, meetings were held in 4 villages on NR6Bproviding project information, advising of the DMS being undertaken and discussing issues of relocation, eligibility and safety. In total, 52 people attended these meetings. Besides that, DMS team consulted and gave PIB to each AH. Further, in preparing the RP, consultation meetings have been held with government agencies responsible for planning and implementing the Project resettlement at central, provincial and district levels. In total, 12 government officials from provincial and district level participated in the consultation meetings. Follow-up meetings on implementation preparation were also held with village leaders in May – June 2013.

Table 24 : Summary of Stakeholder Consultations and Information Dissemination

Date Location Agencies consulted Participants Main Topics

15/10/2012 Huaphanh Province

Department of Public Works and

Transport 5

Project brief Requirement of a RP Process of RP preparation

22/10/2012 Sop Bao Districts

District Public Works and Transport

7

Project brief Requirement of a RP DMS Form and PIB Process of RP preparation

15/10-3/11/2012

Na Pung, Pong,

Pakhom, Pa hang villages

NR6B

AHs and village leaders (village

chiefs, authorities and village elders)

52

Project brief Requirement of a RP DMS Form and PIB DMS team consulted for each AP and gave PIB

30 Jan 2013 4 villages NR6B

AHs and village leaders (village

chiefs, authorities 25

Announcement of final cut-off date based boundaries of physical demarcation and


Resettlement Report

42

Date Location Agencies consulted Participants Main Topics

and village elders) public dissemination of District PC letter advising same.

31/5 – 2/6/2013 4 villages NR6B

Village leaders (village chiefs, authorities and village elders)

25

RP implementation arrangements, including relocation, replacement land and stabilization of living conditions

2. Village Meetings 85. As indicated above, village meetings have already been held among the total 4 villages along the road alignment. These meetings facilitated preparation for the awareness building for the proposed Project.

86. These meetings were specifically aimed at APs, but were also open to non-AP villagers, and provided an opportunity to discuss relocation options and other village level support. The meetings provided a forum for open discussion of these aspects and also plans and issues related to allocation of replacement land, where relevant.

87. All villagers in both consultation meetings as well as individual interviews expressed their support for the Project and for the civil works to start as soon as possible. The existing road is steep, in poor condition and muddy during the rainy season, which greatly affects the travel time required to access the district and provincial centres and services located there. Villagers view the project as means of improving their living conditions by improving access to services and transport of goods.

Key issues of concern and recommendations presented in the village consultation meetings included issues related to compensation, scheduling of civil works, pavement of village access roads, project-related work opportunities, and advance notice prior to land acquisition. A summary of the issues and project responses to these are set out below.

Table 25 : Summary of Issues Raised by Villagers and Project Response.

ISSUES RAISED BY APs PROJECT RESPONSE

Direct payment of compensation from Project to AHs; To facilitate streamlined disbursement of compensation, funds will be transferred by the MPWT to the DPWT provincial project office, which will in turn oversee disbursement of the compensation to AHs.

Civil works should be done during the dry or non-production season, or construct in unencumbered areas if construction takes place during production season (the engineer should identify these area for construction in early);

Most civil works activities will be undertaken during the dry season. Any works undertaken during the rainy season will endeavour to avoid or minimize disruptions.

Pavement of village access roads; The scope of works for the project includes pavement of approximately 20m of junction roads, but not pavement of other village access roads.

Participation in project construction; The works contract includes provisions to encourage the contractor to favour locally sourced unskilled labour. There is also a requirement in the works contract for the


Resettlement Report

43

contractor to meet a target of 25% women representation in unskilled labour.

Early notice to enable them relocate assets. AHs will be given a minimum one-month advance notice prior to relocation.

3. Involvement of AP Women and Ethnic Groups 88. In accordance with the requirements of technical guidelines, one of the objectives of consultations and participation has been to ensure the active participation of women and all ethnic groups as well as any vulnerable persons in the project areas.

89. Women actively participated in the public consultation meetings. In addition, separate focus group discussions were held with women in each of the project villages in preparation of the RP. The Women’s Union has also participated actively in the provincial and district level consultation meetings and is also a constituent member of the resettlement and grievance redress committees. During village consultations, women at difference ages were represented in the meetings. They all voiced their support of the Project and indicated that with road improvement, their health condition could be enhanced greatly due to: i) reduction of road dust, ii) better and easy access to healthcare facilities at district towns. Their agricultural products could be more easily transported to the market all year round, which could bring in more cash income for their families. Group consultations revealed that all women support the Project, and they agreed the roads to go throughout their village land areas, because in the rainy season is very hard to go to market and service centers.

90. Women household members participated in the DMS and both spouses of an affected household are required to be present during the compensation payment and both sign the compensation agreements.

91. The project area communities are comprised of various ethnic groups. All groups are fully fluent in Lao. As such the mode of delivery of information was in a form suitable to them. Traditional community elders have also been actively engaged in all the consultation meetings at the local level.

92. There are no especially vulnerable persons amongst the AHs.

B. Public Information and Disclosure

93. A public information booklet (PIB) has been prepared (Annex 1). The PIB summarizes key information from this URP, policy principles and entitlements and special provisions, grievance procedures, timing for payments and displacement schedule. The PIB was distributed by the provincial and district authorities to Ahs during the DMS. Key elements of the RP were also disclosed to APs through public consultation meetings during the preparation and updating of the RP. This URP itself will be also made available at public accessible places, after ADB’s approval (provincial and district governor offices and affected villages)as well as be publically disclosed on the DOR project website and ADB website.

94. During DMS and RP preparation, relevant consultation meetings were organized in affected villages to disclose latest project and resettlement information and to provide AHs a forum to raise their further concerns and to participate in various processes of decision-making regarding their resettlement issues.

95. Details of finalized losses of individual Ahs are to be publicized in their respective villages by information sheets. When agreements are made and signed, AHs will be provided a copy of the final signed documents for their records.


Resettlement Report

44

96. A Consultation and Participation Plan (C&P Plan) for ongoing consultation tasks associated with disclosure and implementation of resettlement activities has been prepared and presented in the table below.

Table 26 : Consultation and Participation Plan

ISSUE TARGET

AUDIENCE MEANS OF COMMUNICATION

RESPONSIBLE

TIMING

RESETTLEMENT-RELATED ISSUES Project design, objectives, policy, implementation arrangements, likely impacts and planned mitigation measures

Communities in the project area

Public consultation meetings

PMU, PSC, local authorities

Early in each phase of Project preparation; Project detailed design

Results of land acquisition and resettlement surveys, mitigation options, anticipated schedules

Affected households

Public consultation meetings at convenient locations

PMU, PSC, local authorities

Soon after completion of resettlement surveys (DMS)

Planned RP mitigation measures, and entitlements

Affected households

Public consultation meetings at convenient locations. PIB

Resettlement Committee, PMU, PSC, local authorities

Prior to finalization of updated RP, PIB disseminated at time of DMS

Disclosure of updated RP Affected households; Communities in project areas. Community based organizations/ mass organizations. Public disclosure

PIB, translated RP publically accessible in local district and village offices. Publically disclosed by uploading on ADB website/ DOR project website.

Resettlement Committee and village authorities; PSC PIB disseminated by DMS survey team. PMU to upload URP on project website. ADB to upload

Upon receipt of concurrence by ADB

Grievance Redress Mechanism

Affected communities, including villages in the project areas (covering all project-related issues)

Public consultation meeting during preparation and updating of RP. PIB Details posted on village notice boards. Grievance boxes

Resettlement committee, village authorities, PSC

From time of RP preparation and throughout project implementation.


Resettlement Report

45

in public places RP implementation arrangements and schedule

Affected households

Public consultation meetings in each commune.

Resettlement Committee; village authorities

As soon as can be arranged following formal approval of URP

Resettlement / relocation arrangements. (Including confirmation of preferences of form of resettlement assistance, resettlement site arrangements, and transitional support.)

Households to be physically displaced

Consultation meetings with HHs requiring relocation in each commune.

Resettlement Committee; village authorities and PSC

Commence during RP updating. Detailed consultations as soon as can be arranged following formal approval of URP. Follow up meetings as required.

Implementation schedule of RP and civil works

Affected households

Public consultation meetings

Resettlement Committee, Contractor, local authorities

Ongoing prior to implementation and upon significant change in implementation schedule.

Public disclosure of periodic Internal and External Resettlement Monitoring Reports

Public Uploaded on ADB website/ EA website.

ADB Upon submission of periodic monitoring reports

OTHER SOCIAL IMPACT ISSUES Implementation schedule, restricted access, disruptions, hazards, opportunities for project work, road safety, HIV/AIDS and trafficking.

Communities in the project area.

Public information meetings, posters showing project location posted in villages, IEC materials, public announcements in local communities.

Local authorities, PSC, HAPP/HTPP service provider, works contractor

Ongoing during implementation.


Resettlement Report

46

IX. GRIEVANCE REDRESS

97. Article 13 of Decree 192/PM requires the Project to establish an effective mechanism for grievance resolution. Lao legal requirements for this mechanism are further described in Part VI of the Decree’s Implementing Regulations, and in detail in the Technical Guidelines.

98. The objectives of this mechanism are to ensure AHs’ satisfaction with implementation of the RP, and in effect provide for on the ground monitoring by AHs of the adequate implementation of the RP.

99. Decree 192/PM determines that the prime responsibility for grievance resolution is the Project proponent. As they are responsible for carrying out Project works which are likely the source of grievances (such as the DMS, establishing replacement costs, determining other allowances as well as any other project related matters) they are best placed to respond to and resolve grievances in the most timely and acceptable method. However, should AHs remain dissatisfied, they may bring up their complaints through other approaches as described below.

100. At the central level (PMU on behalf of DOR), within 6 months of ADB loan effectiveness, a taskforce will be established to receive and resolve complaints/grievances or act upon reports from stakeholders on misuse of funds and other irregularities, including grievances due to resettlement issues. The taskforce will: (i) make public the existence of this Grievance Redress Mechanism, through public awareness campaign, (ii) review and address grievances of stakeholders of the Project, in relation to either the Project, any of the service providers, or any person responsible for carrying out any aspect of the Project; and (iii) proactively and constructively responding to them. The PMU will be responsible for the resettlement grievances.

101. The provincial and district resettlement committees will serve as grievance redress committees at the respective levels for resettlement- related matters. The resettlement committees at the district and provincial levels, composed of concerned departments, local officials, village chiefs, AP representatives, women representatives, mass organizations will act as grievance officers.

102. The Resettlement Specialist in particular will take a proactive role in seeing that Village Chiefs and AHs are able to utilize the Project Problem Report Register form (Annex 3) informed the Village Chief during the Public Awareness Meeting and will use a database on problems reported to DPWT and their solutions, acting as a liaison as necessary between the villages and DPWT and between DPWT, the RC, and the PMU.

103. The project grievance redress procedure for this Project will operate as follows:

i） Step 1: Village Level. Initial points of contact will be between AHs and their village officials. The resettlement specialist will maintain regular contact with all village offices and represent the Project in consultations with grieved parties. All complaints and grievances will be properly documented by both the village offices and the resettlement specialist and addressed through consultations in a transparent manner aimed at resolving matters through consensus. Where the complaint is verbal, the village authorities are responsible for keeping a written record of the grievance.

If within 15 days of lodging the grievance, participants are not able to reach an amicable decision, or complainants are not satisfied with the Project’s decision, the complaint will be forwarded to the District Resettlement Committee (DRC). AHs may


Resettlement Report

47

forward their grievance directly to the DRC. It will be the role of the resettlement specialist to ensure that any unresolved grievance is forwarded in a timely manner to the DRC.

ii） Step 2: District Level. If AHs are not satisfied with, or do not receive a response from the DRC within 15 days of their complaint being lodged with the DRC, then the complaint can be forwarded to the Provincial Resettlement Committee (PRC). Again, forwarding the complaint to these bodies can be undertaken by the AP or with the assistance of the resettlement consultant or any others. It will be the role of the resettlement specialist to ensure that any unresolved grievance from the DRC is forwarded in a timely manner to the PRC.

iii） Step 3: Provincial Level. If the complaint still remains unresolved within 20 days of being lodged to PRC, AHs may forward their grievance directly to the PMU Taskforce on Grievance Redress.

iv） Step 4: Central Level. PMU Taskforce on Grievance Redress Mechanism will ensure to review and resolve all complaints within 15 days.

104. The complainant may lodge their complaint with the Civil Court at any stage of the grievance redress process.

105. All administrative costs incurred by AHs and their representatives are to be covered by the Project.

106. In addition to the above, any concerned community member may lodge a complaint or suggestion (anonymous or otherwise) in grievance boxes located in each village cluster (Khum Ban). These grievance boxes are opened on a regular basis by the village authorities of the Khum Ban together with the resettlement specialist. These complaints will then be referred and discussed with the district grievance committee for resolution and/or referring to relevant agencies.

107. The grievance committees will provide quarterly reports to the PMU on grievances received, including names and pertinent information about the AHs, nature of complaint, dates the complaints are lodged, and resolution of the same. Grievances not resolved will also be recorded, detailing negotiations and proposals which could not be agreed on, and the date of these negotiations.

108. In addition to the grievance mechanism described above, AHs may also (or permit representatives on their behalf) bring their concern to the attention of ADB through the ADB Resident Mission Office in Vientiane if AHs are still not satisfied with the resolution of their complaints at the Project central level.


Resettlement Report

48

X. INSTITUTIONAL ARRANGEMENTS

109. Responsibility for resettlement spans various government agencies of various levels and they include the DOR (with PMU on behalf of it) of MPWT, Provincial Governor’s Office and relevant departments, district governor’s office and relevant sectors and authorities of affected villages. The involved agencies at provincial and district levels formed their respective resettlement committees while taskforces are established at PMU and in affected villages. In addition, management, design and contract supervision consultants are also involved in the planning and implementation of the resettlement, as needed.

A. Ministry of Public Works and Transport

110. The MPWT is the executing agency and will be responsible for the overall technical supervision and execution of the Project. DOR will be the Implementing Agency and will be responsible for the direct supervision and execution of the Project.

B. Department of Roads

111. DOR formed a management body named as PMU (project management unit) before loan effectiveness. This management body has five members and is headed by a project management director (PMD). PMU is responsible for: i) preparation of the overall project implementation plan, ii) providing overall construction supervision, iii) carrying out public awareness campaign on resettlement and other social issues, iv) supervising all project management activities at project sites, v) carrying out procurement, vi) organizing internal monitoring and evaluation activities, vii) preparing necessary project progress and project completion reports to be submitted to MBWT and ADB; and viii) ensuring full compliance with ADB’s resettlement, environment and other safeguards and policies.

112. A taskforce is formed within PMU for the overall coordination and management of RP preparation and updating, RP implementation and monitoring. This task force provides overall guidance and technical support to the PRC and DRCs.

113. DOR has gained considerable experience and capacity development in management of resettlement over the past decade through implementing a number of technical assistance and loan/grant projects of ADB, WB, KfW, SIDA and other international donor/banking organizations. Consequently, experienced staff have been appointed to fulfill the tasks of managing the overall resettlement implementation and monitoring.

114. A local level of project management unit has also been established at DPWT of the Province. This body is responsible for local management of all the construction works of the project on behalf of and under the director guidance of the DOR through the PMU.

C. Provincial Resettlement Committee

115. A provincial resettlement committee (PRC) has been established in the province with members from relevant departments including the DPWT, Lao Women’s Union (LWU), Department of Agriculture and Forestry (DAF), Department of Finance and Investment, and Planning. The PRC undertakes critical roles for RP updating and implementation including: i) conducting consultation meetings with DRCs, ii) establishing compensation rates (replacement costs) for affected assets; iii) conducting, reviewing and confirming final DMS data; (v) undertaking final agreement with AHs on compensation; v) managing funds disbursed from the Provincial Department of Finance for disbursement to AHs, vi) monitoring and reporting on all RP activities; and vii) acting as grievance officers. The PRC is supported by the DRCs, which are further supported by village heads. More details regarding the PR Care presented in Annex 8.


Resettlement Report

49

D. District Resettlement Committee

116. Similarly to that of the province, district resettlement committee (DRC) has been established with representatives of various sectors. The main responsibilities of the DRC are to facilitate various activities including: i)conducting DMS, facilitating public information and consultation by ensuring villages and AHs’ awareness at all stages of project planning and implementation, ii) assisting in the identification of alternative land for compensating AHs; iii) facilitating the affected villagers to adjust and redistribute paddy land among all AHs so as to minimize project impact; iv) assisting affected villages to organize labour and other support for AHs to remove and resettle their structures on site; v) assisting in the identification of special needs of vulnerable AHs and providing timely assistance, if any; vi) assisting and participating in DMS and confirmation of the results; and vii) providing first point of contact in the Grievance Mechanism, and recording all grievances.

E. Village Head

117. The roles of the village heads include: i) assisting DRC to handle resettlement related work within the village; ii) assisting AHs to organize labor to move and relocate their structures onsite; iii) timely readjusting or relocating paddy land so as to compensate the AHs; and iv) allocating garden land to AHs.

F. Project Implementation Consultants

118. The PMU is assisted by 3 consultant teams, the first; the Project Management Consultant (PMC) oversaw the design modification; the second, a design consultant modified the design; and the third, the Contract Supervision Consultant (CSC) is engaged to supervise the road upgrading contracts and construction contracts.

119. These consultants are also responsible for assisting in the preparation and updating of the RP, support RP implementation as well as ensuring the contractor adheres to the RP, and are resourced with staff to facilitate this compliance.

G. Capacity Building for Implementing Bodies

120. The DOR has benefited from numerous capacity building programs. Before implementation of resettlement in this Project, the DOR gained more practical experience through implementation of the ADB 9-11 projects. The PRC and DRCs have likewise obtained previous exposure and experience in international best practice requirements for safeguards through implementation of ADB 9, WB and KfW road projects.

121. An Environmental and Social Operations Manual was produced for MPWT with technical assistance from WB in collaboration with ADB and SIDA in 2010. This Operational Manual was recently updated in October 2013. MPWT provided training to the provincial and district agencies involved in the project in quarter 1, 2013 and provided copies of this manual. The training provided by MPWT also included training of trainer skill training.

122. For this specific project capacity building training on social safeguards has been provided to provincial, district and village authorities during the RP preparation and updating process. MPWT with support from PSC will provide follow up workshops along with on the job training to institutional stakeholders during project implementation.


Resettlement Report

50

XI. IMPLEMENTATION ARRANGEMENTS

123. This chapter describes the arrangements for disbursement of compensation and assistance as well as implementation schedule for key activities. Details on relocation, livelihood restoration, institutional arrangements and operation of the grievance redress mechanism are described in the respective separate RP chapters on these aspects.

A. Institutional Setting

124. Resettlement taskforce within PMU, PRC and DRCs already establishes on 22th August 2012 and on 20th September 2012 established additional RC for this Project. More details are provided in Annex 8.

B. Agreements with Affected Households (AHs)

125. DRCs, on behalf of PRC, will sign agreements with AHs prior to compensation and land clearance. The contents of agreement include: i) scope of impact; ii) land for land compensation arrangement; iii) compensation arrangements; iv) grievance redress procedures; and others. More detailed options for compensation payment to AH form can be seen in Annex 4.

C. Disbursement of Payment to AHs

126. Disbursement of payment to AHs will be done based on the Resettlement Implementation and Supervision Milestones (table 24) and PRC and AHs agreement. Replacement land will be provided before house relocating and civil works commencement in order to minimize disruption to AHs livelihoods. See Annex 11.

127. The Provincial Resettlement Committee (PRC), District Resettlement Committee (DRC), Village Resettlement Committee (VRC), PMU, Consultants and other related offices in the District will be involved during the compensation payment and all of them will be required to sign and stamp the compensation receipt form as witnesses. Photos will also be taken during the compensation handing-over. The payment of compensation will also be monitored carefully by the external monitor and be included in the external monitoring reports.

D. Implementation Schedule

128. For construction work, PMU will only issue notices to commence, for a particular length of the project road following approval of the updated RP and when: i) satisfactory arrangements of land redistribution and relocation sites are places; ii) satisfactory compensation payments to non-land losses with necessary assistances are provided; and iii) the area required for civil works is free of all obstructions.

129. Therefore, the smooth and satisfactory implementation of this updated RP is a precondition for commencement of civil works of the Project. The estimated schedule for land acquisition and resettlement is from February 2014 to August 2014.

130. The expected schedule for key activities and milestones are set out in the table below.


Resettlement Report

51

Table 27 : Resettlement Implementation of Key Milestones

ACTIVITY ESTIMATED SCHEDULE

Establishment of PRC & DRCs Nov 2012

Conduct DMS Oct- Nov 2012

PIB distributed Oct-Nov 2012

Conduct updated replacement cost study and update compensation rates Jan-Feb. 2014

Approval of URP Mar 2014

Disclose results of updated replacement cost study and updated compensation rates to affected households Mar 2014

Public Disclosure of URP Jan – Apr 2014

Disbursement of compensation to AHs Apr - Aug 2014

Resettlement and relocation of physically displaced AHs Apr – Sep 2014

Identification of viable replacement land for villages losing productive land. Apr 2014 – Sep 2016

Operation of GRM Nov 2012 until project completion (Dec 2016)

Consultation with APs

(as indicated in the consultation and participation plan or as otherwise required.)

Intermittently throughout RP implementation

Internal monitoring (monthly and quarterly progress reports) Jan 2014 – Dec 2016

External monitoring (semi-annual reports) Apr 2014 – Dec 2016


Resettlement Report

52

XII. MONITORING AND EVALUATION

A. Internal monitoring and evaluation organization (M&E)

131. The PMU with support of the PSC will undertake internal monitoring and evaluation to ensure that the implementation of land acquisition and resettlement shall comply with the approved resettlement plan. The internal monitoring and evaluation will assess the implementation of the RP according to the following criteria:

a. Payment of compensation and other entitlement for affected persons in accordance with the entitlement matrix.

b. Implementation of income restoration measures and provide timely assistance.

c. Resolve complaints and grievances in a timely and reasonable manner based on the grievance redress mechanism provided in the RP.

d. The payment of compensation and other entitlements will be completed prior to the site clearance with a timely transition period between the relocation, site clearance and the commencement of the construction of civil works.

132. The monitoring and evaluation reports of PMU will be based on information from the PRC, DRC and site monitoring, and will be submitted to the ADB. The reports will include the following:

a. Affected households and the status of compensation payment and resettlement

b. Disbursement of compensation payments to affected households

c. Implementation of income restoration

d. Settlement of complaints

e. Impacts related to the concerns of severely affected households and vulnerable groups

B. External monitoring and evaluation

133. External monitoring report will be conducted by an external monitoring agency(EMA) which provides independent and objective assessment of the implementation of the RP, especially the achievement of the RP objectives, impacts on the lives and livelihoods of affected persons, the effectiveness and sustainability of the entitlements, and general lessons learned during the implementation, as a basis for future policy decisions.

134. An external monitoring agency hired and mobilized by DOR will conduct monitoring and assessment during the implementation of the RP, and submit semi-annual reports to ADB and PMU (or more frequent if required by DOR). The assessment and monitoring tasks will include the verification, evaluation and review of the following contents:

a. Internal monitoring reports

b. The consultation process and procedures to resolve complaints

c. Land acquisition, resettlement and relocation procedures

d. Payment of compensation to affected households based on the entitlement matrix


Resettlement Report

53

e. Satisfaction of affected households for the implementation of the RP

f. Implementation of the income restoration programs

g. Resettlement sites and relocation of affected households

h. Implementation of gender and indigenous specific actions

i. Impacts on the lives and livelihoods of affected households after their relocation

135. The reports to be submitted will also include: progress of RP implementation, time deviations (if any) from the provisions of the RP and identified issues and proposed resolutions.

136. The EMA will resettlement completion report 6-12 months after the resettlement tasks are completed.

C. Internal Monitoring Indicators

137. Internal monitoring indicators for this project correspond to the entitlements and mitigation measures set out in the updated RP. Reporting against these indicators will be included in the quarterly progress reports. The EMA will also verify the internal monitoring information in addition to other indicators specified above and in their TOR. The internal monitoring indicators are set out in the table below.

Table 28 : Internal Monitoring Indicators Institutional Arrangements

• Update/confirm institutional arrangements set out in RP • Deployment of safeguards-related staff within PMU • Capacity development training (planned and provided)

Disclosure of URP Translated URP publically accessible by district and village offices. • Uploading of URP on DOR project website.

Progress in RP implementation with respect to land clearance and handing over of land for civil works

#AHs/∑AHs with compensation and assistance agreements signed by DRC by village;

#AHs/∑AHs provided full compensation and assistance (including resettlement assistance) by village;

• Funds disbursement schedule/planned disbursement schedule; • Issues affecting timely land clearance

o Grievances (including non-agreement to compensation) Unresolved encumbrances o Funding constraints o Other

Resettlement Assistance

• #AHs with houses fully affected by location (confirm and update) • #AHs can rebuild on remaining land vs #AHs requiring relocation (update) • Status of replacement residential land

o # Resettlement lots completed (site prepared for building and required infrastructure complete) by village and date;

o # Resettlement lots pending by village (breakdown by # lots not yet acquired, # lots acquired but not yet prepared);

#plots handed over/∑AHs requiring replacement land by village; • Status of assistance to AHs rebuilding on remaining land by village

o #AHs requiring assistance for site preparation of remaining land; #AHs provided assistance for site preparation of remaining land


Resettlement Report

54

• Progress of AHs rebuilding by village # AHs rebuilt on resettlement lots; # AHs rebuilt on own land

• Provision of transitional resettlement assistance by village #AHs provided material transport assistance (in-kind/cash) #AHs provided transitional assistance

• Issues identified with proposed measures • Update resettlement assistance activity schedule (including proposed

measures) Livelihood Restoration

• Update of economic displacement data by village o #AHs losing shops (fully/partially) o # AHs losing productive land

• Payment of compensation for economic loss by village #AHs paid compensation for loss of income from shops #AHs paid income stabilization support for loss of productive land

o Period of income stabilization support paid (e.g. 6 months; 12 months, etc.) demonstrating that those entitled to replacement land through redistribution are provided income stablization support for all periods while waiting for replacement land.

• Provision of replacement land by village o Schedule for land redistribution; o #AHs received redistributed land (to be no later than Sep 2016)

• Issues identified with proposed measures Vulnerable APs • # vulnerable AHs by type and village

# AHs provided special assistance Operation of GRM

GRM established and functional • ∑cases by village • # new cases for reporting period by village • # cases resolved /date • # cases progressed to next level • Summary of type of grievance issue/location • Comments received via suggestion box by location

o # suggestion letters; o Summary of type of suggestion by location

Other Issues • Resolution of issues raised in previous report • Resolution of issues raised by other source (e.g. ADB request, EMA, etc.) • Changes in scope of impacts • Temporary impacts during civil works (quantities, #AHs, location, types, etc.)

Note: fulfilment of indicators marked √ are preconditions for land handover for civil works.


Resettlement Report

55

XIII. RESETTLEMENT BUDGET A. Compensation Rates & Allowances

138. Compensation rates for this project are to be based on replacement cost values applicable at the time of payment of compensation. A replacement cost study was conducted during the preparation of the updated RP in September 2012. The replacement cost study was conducted by the provincial and district resettlement committees together with the project resettlement specialists and in consultation with village leaders and other relevant sources such building material suppliers. The results of the replacement cost study are presented in Annex 10 of the RP. To ensure that the compensation rates are at replacement value at the time of compensation, an updated replacement cost study will be conducted following approval of the updated resettlement plan and the unit rates revised accordingly. The results of the updated replacement cost study together with revised compensation rates will be disclosed to affected households prior to finalization of individual household compensation decisions.

B. Budget

139. The total cost will be approximately Kip 298,080,000 ($37,260) comprising: i) compensation cost of Kip 177,960,000($22,245); (ii) Allowance Kip 42,840,000 ($5355); (iii) Administration cost (10%) kip 22,080,000 ($2,760); (iv) Internal monitoring (10%) kip kip kip22,080,000 ($2,760)); (v) contingency (15%) kip 33,120,000($4,140).

140. The cost for the external monitor ($50,000) is financed as a separate consulting package by ADB (contract awarded in March 2014). Accordingly the costs of the EMA are not indicated in the resettlement budget summary below. The budget summary is presented in this chapter in the table below. Details of compensation estimates for each AH are set out in Annex 7.

C. Flow of Funds

141. The PMU will be responsible for the financing of the resettlement, administration, internal monitoring and external monitoring. In accordance with the compensation policies and rates given in the RP, the PRC (on behalf of PMU) will sign agreements with affected villages and AHs and disburse the payments accordingly. The flow of funds will be: i) Ministry of Finance to an imprest account of PMU; ii) PMU to PRC; and iii) PRC to AHs.

142. The table below shows a summary of the resettlement budget forNR6B. All affected types of structures, trees, land areas, public facilities, included compensation cost, allowances and administration cost and project management is also included in the following table.

Table 29 : Resettlement Budget

No Items NR6B Amount

Unit/quantity AHs No Quantity Unit Cost Total

I Mian structures 1 Normal House m2 0 0 0 40,000&161,000 0

2 Simple House m2 0 0 0 40,000&161,000 0


Resettlement Report

56



3 Semi-Permanent House m2 2 2 118 161,000&180,000 19,800,000

4 Permanent House m2 4 4 264.50 161,000 & 205,000 54,222,500

5 Wooden houses m2 7 7 318.50 40,000 & 161,0000 51,278,500

6 Shop m2 1 1 51.5 40,000, 161,000 & 205,000 8,291,500

Subtotal 14 14 752.50 133,592,500

II Secondary structures

1 Porches of hut, shop & house m2 3 3 65.75 30,000,40,000,

161,000 & 205,000 2,630,000

3 Kitchen m2 1 1 20.0 40,000 & 161,000 3,220,000

4 Fence m 0 0 0 10,000 & 43,000 0

2 Brick Wall m2 0 0 0 40,000 & 205,000 0

6 Hut m2 0 0 0 40,000 0

7 Water Tank m2 0 0 0 205,000 0

8 Water tap No. 0 0 0 205,000 0

9 Latrine m2 0 0 0 205,000 0

Subtotal 4 4 85.75 5,850,000

III Land 1 Residential Land m2 16 16 879.25 30,000 26,377,500

2 Rice paddy m2 0 0 0 30,000 0

3 Garden m2 0 0 0 30,000 0

4 Fish Pond m2 1 1 40.00 30,000 1,200,000

Subtotal 17 17 919.25 27,577,500

IV Public facilities 1 Irrigation canal m 0 0 0 30,000 0

2 Electricity pole (8m) No 1

7 7 1,500,000 10,500,000

3 Electricity pole (12m) 0 0 8,500,000 0

Subtotal 1 7 7 10,500,000

V Tree assets 1 Fruit Tree No 3 3 22.00 20,000 440,000

2 Teak Tree No 0 0 0 20,000 0

3 Other tree No 0 0 0 20,000 0

4 Bamboo Cluster No 0 0 0 100,000 0

Subtotal No 3 3 22 440,000

39 VI Allowances (Kip) 1 Repair cost (15%) of affected

asset's cost % 0 - 0 -


Resettlement Report

57



2 Transportation of houses materials HH 15 15 1,600,000 24,000,000

3 Transition allowances HH 13 13 1,440,000 18,720,000

4 Special allowances for vulnerable HHs HH 0 0 480,000 -

5 Business loss allowances HH 1 1 120,000 120,000

Subtotal 29 29 42,840,000

VII Administration

1 Project administration (10%) 22,080,000

2 Internal monitoring (10%) 22,080,000

3 Project contingency (15) 33,120,000

Subtotal 77,280,000

Grand total in kip 298,080,000

Grand total in US$

37,260.00

. Grant 0234-LAO: Second Northern GMS Transport Network Improvement Project (ADB12)

Detailed Engineering Design and Procurement Phase Resettlement Report

55

ANNEXES

Annex 1: Public information booklet……………………………………………….. 56Annex 2: DMS survey form…………………………………………………………. 59Annex 3: Project problem report register form……………………………………. 67Annex 4: Options for compensation payment form………………………………. 68Annex 5: List of persons met……………………………………………………….. 70Annex 6: List of survey team……………………………………………………….. 71Annex 7: Master List of Affected Households (AHs)............…………………… 72Annex 8: Resettlement committee…………………………………………………. 73Annex 9: Project villages……………………………………………………………. 76

Annex 10: Compensation unit from Huaphanh RC……………………………… 77Annex 11: Affected assets and assistances Plan………………………………. 80Annex 13: Unit price study……………………………………………………………. 82

Annex 14&15: Photo……………………………………………………………………….. 88



56

Annex 1: Public Information Booklet ADB TA 6478 REG Preparing the Second Northern GMS Transport Network Improvement Project Public Information Booklet Prepared by: Department of Roads Ministry of Public Works and Transportation August 2009 1. QUESTION: WHAT IS THE PROJECT

The Government of Lao PDR, with assistance from the Asian Development Bank (ADB), intends to upgrade National Rood 6, 6A and 6B, in order to provide an alternate northern route through Laos, for both domestic and regional trade and traffic. The road improvement is expected to increase trade and tourism, expanding the economy and collectively bringing job creation, growth in incomes and poverty reduction.

2. QUESTION: IF THERE WILL BE ROAD IMPROVEMENTS ALONG OUR ROAD, WILL WE BE AFFECTED.

Yes. There will be both positive and negative impacts from the road development, and all possible efforts will be made to increase the positive, and avoid or minimize or make amends for the negative. Several planning and survey works will soon be undertaken for this purpose in 2010, including a Detailed Measurement Survey which will measure all affected assets, and include questions on household economics and activities. If your land, assets or livelihood will be negatively affected by the project, you will be entitled to support or compensation so that you are not worse off than you were before the road improvements.

3. QUESTION: WHEN WILL THIS DETAILED MEASUREMENT SURVEY BE, AND WHAT WILL IT MEAN?

The Detailed Measurement Survey will begin in early July 2010, and may extend into August. It will involve the measurement and inventory of your land if, with detailed alignment design, it would be affected by road development. Project staff, project design consultants, together with local village and district resettlement committee will come to you, record the affected areas and assets in the presence of yourself or/and other family members of yours. If your land or assets are recorded, it means that when the road is upgraded, your land may be affected, and if it is, then you will be eligible for compensation for any affected land or assets. This survey marks the official cut-off date for eligibility for compensation for affected people. This information will help the Government plan for the road, and perhaps change the engineering to reduce the impact on people, so it is also possible that in the end you may not be affected.

4. QUESTION: DO WE NEED TO CLEAR THE AFFECTED AREA IMMEDIATELY ONCE OUR LAND, HOUSES OR STRUCTURES HAVE BEEN IDENTIFIED AS AFFECTED?



57

No. When the Government is able to go ahead with the road upgrading, they will undertake more studies, including detailed engineering, and another, Final Detailed Measurement Survey for the final road alignment. For this reason, it is important that you don’t do anything differently with your land and assets in anticipation of the road upgrading or of compensation.

Clearing the project corridor of impact will only take place after agreement had been made with and compensation has been delivered to affected people, either as replacement land, assistance in moving affected structures, materials for rebuilding, or cash for losses and relocation costs. After the affected people have acknowledged receipt of support or compensation, the Project will provide a reasonable time and assistance for them to clear the area in order for construction activities to commence.

5. QUESTION: IF THERE WILL BE DISAGREEMENTS OR PROBLEMS THAT ARISE DURING PROJECT PLANNING OR IMPLEMENTATION SUCH AS COMPENSATION, TECHNICAL AND GENERAL PROJECT-RELATED DISPUTES, DO I HAVE THE RIGHT TO VOICE OUT MY COMPLAINT?

Yes. Any affected person may lodge a complaint. You may present your 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 you are not satisfied with the decisions made by the village and district level committees. Affected people lodging grievances will be exempted from all taxes, administrative and legal fees.

Attempts will be made to settle the issues at the village level through consultations, involvement of social experts as required, NGOs and mediators and facilitators if required. The concerned resettlement committees will properly document all complaints and resolutions.

7. QUESTION: WHEN IS THE PROJECT EXPECTED TO COMMENCE?

Preliminary planning for the road upgrading started in September, and will be ongoing until the end of 2012 if there is no delay.

8. QUESTION: WHAT IF MY LAND WILL BE AFFECTED BY THE PROJECT?

If your residential land is affected, you will have several entitlement options. If you are able to move your house back and remain on the same land, you would be entitled to be compensated with cash for the lost land or provided replacement land. If you must relocate, you would be entitled to a new residential site within the village, or cash compensation to relocate elsewhere, as well as assistance for the actual move.

Affected agricultural land would be compensated for with replacement land of equal or better quality.

9. QUESTION: DO WE NEED TO HAVE A LAND TITLE IN ORDER TO BE COMPENSATED?

No. Lack of formal legal rights to land does not prevent you from receiving compensation and rehabilitation assistance. All people who were occupying or using the affected land at the time of the official cut-off date will be entitled to full compensation and assistance under the Project.

10. QUESTION: DOES COMPENSATION APPLY TO MY AFFECTED HOUSES OR STRUCTURES?



58

Yes. Owners of all houses and structures that will be affected by the project will be entitled to compensation at replacement cost so as to enable the owners to have a house or structure of the same size and standard. If the houses can be moved or dismantled and rebuilt, the Project will provide assistance to do so and owners will be entitled to compensation for any costs for moving, dismantling and rebuilding.

11. QUESTION: WHAT ABOUT MY TREES?

Affected crops and trees will be eligible for compensation at current market value. Compensation for crops will be based on the anticipated harvest at market value, while trees will be based on the type, age and productivity.

12. QUESTION: WHAT ABOUT OUR COMMON PROPERTY RESOURCES?

For common property resources, the affected land will be replaced in areas identified in consultation with affected communities and relevant organizations. Affected buildings and structures will be restored to original or better condition.

13. QUESTION: IN CASE THERE WILL BE RELOCATION OF HOUSES OR BUSINESS INVOLVED, HOW CAN THE PROJECT HELP ME REBUILD MY HOUSE DURING RELOCATION?

Adequate time will be allowed between the time of compensation and the date for clearing the Project area for houses and businesses to be built and established while still operating in the original site. In addition, apart from the compensation for loss of land and other assets at replacement costs, the Project will provide additional entitlements to affected people to ensure their standard of living is maintained or improved after the Project.

14. QUESTION: DOES THAT MEAN THAT ANYBODY IN OUR COMMUNITY CAN CLAIM FOR COMPENSATION?

No. The Project will soon undertake a Detailed Measurement Survey to identify all those people whose land or other assets will be affected by the project. This survey will act as a cut-off date for entitlement to any compensation, and only those people surveyed will be eligible for compensation. People who encroach the area after the cut-off-date will not be entitled to compensation or any other form of resettlement assistance.



59

Annex 2: DMS Survey Form

NR6, NR6A and NR6B Road Construction Projects Detailed Measurement Survey Asset Loss Form

Province____________________, District____________________ Road No_________________ Km_____ +_____ Km _____+_____ Village Name:________________________ Village #:_____ Group #:____ Name of Owner/HH Head: ______________ Name of Spouse: _____________________ Village Roster HH #:______ ID Card #: ______(Issued by Project) Digital Passport Photo #:__________ Camera 1 2 Female Headed HH: Vulnerable HH: Elder Head of HH: Handicapped: Other (Specify:……………………

MOVABLE STRUCTURES A. MOVABLE RESIDENTIAL (4 Types): 1. Wood/Wood with Zinc Roof…………………………………………………. 2. Wood/Bamboo with Grass/Bamboo/Zinc Roof…………………………… 3. Bamboo/Bamboo with Bamboo/Grass Roof………………………………. 4. Other (Specify)…………………………………… Chainage of Dwelling: _______+_______ Sketch of House - Centerline, Corridor of Impact (COI) borders (m): R To ………Section

L COI from Centerline: ____________m

Centerline



60

2012 Digital Photo #:………. Camera 1 2 Affected area (m2) Length (m):……………… Width (m)……………… Total effected Area (m2)…… Total area (m2) Length (m):……………… Width (m)……………… 2012 Estimated Value: Kip……………………………

Total Area (m2)………...……

2012 Value of Reusable Materials: Kip………………… Adjusted Value (Total Value minus Reusable Materials): Kip…………….. Can Move back easily on Existing Residential land: Yes No If Yes, Compensation Value for Land Lost to RoW:

………………m2 Kip…………………

If No, 1st Alternative:: Replacement by Compensation: Total Area of Old Residential Plot = …………… m2 Total Area New Residential Plot = …………… m2 Compensation for New Plot of Land Kip. ………………… 2nd Alternative: Project Will Create New Residential Plot: New Residential Plot Created by Project, By Date:

………………...Day/month

Moving Allowance to Owner: Kip…………….. Total Moving Compensation for Residence (Adjusted Value + Residential Land + Moving Fee):………………………………………….

Kip……………..

B. OTHER MOVABLE STRUCTURES 1. MOVABLE SHOP…………………………… Chainage of Dwelling: _______+_______ 2012 Digital Photo #:………. Camera 1 2 Moving Allowance to Owner:



61

o Woven Bamboo Area:………….…..m2 Kip……….……

o Wooden Area:………….…..m2 Kip……………

Lost Income Yes No If Yes, Income per Day: ______________________Kip X _____ Days Lost Income = Compensation: _______________________Kip 2. MOVABLE RICE STORAGE BIN…………… Moving Allowance to Owner: Area:………….…..m2 Kip………..…… 3. MOVABLE KITCHEN……………………… Moving Allowance to Owner: Area:………….…..m2 Kip………..…… 4. MOVABLE LATRINE Moving Allowance to Owner: Area:………….…..m2 Kip………..…… 5. Other (Specify)………………………………… Area:………….…..m2 Kip………..…… Total Moving Compensation for Other Movable Structures: Replacement Value + Land + Moving Fee + Lost Income):

Kip……………..

PERMANENT STRUCTURES

A. PERMANENT RESIDENTIAL (4 Types): 1. Masonry……………………………………....……………………………… 2. Masonry/Wood………………………………………………………………… 3. Wood with Concrete, Asbestos or Galvanized Roofing Sheets………



62

4. Other (Specify)………………………………………………………………… Chainage of Dwelling: _______+_______ Sketch of House - Centerline, Corridor of Impact (COI) borders (m): R To Section……… L COI from Centerline: ____________m 2012 Digital Photo #:………. Camera 1 2 Length (m):……………… Width (m)……………… Total Area (m2)………...……… 2012 Estimated Full Replacement Value, No Depreciation: Kip…………………………… Can Move back easily on Existing Residential land: Yes No If Yes, Compensation Value for Land Lost to RoW:

(…………m2) Kip…………………

If No, 1ST Alternative: Replacement by Compensation: Total Area of Old Residential Plot = …………… m2 Total Area New Residential Plot = …………… m2 Compensation for New Plot of Land Kip. ………………… 2nd Alternative: Project Will Create New Residential Plot: New Residential Plot Created by Project, By Date:

………………...Day/month

Moving Allowance to Owner: Kip……………..

Centerline



63

Total Compensation for Permanent Residence (Replacement Value + Residential Land + Moving Fee):

Kip……………..

B. PERMANENT SHOPS, CEMETERY, AND/OR OTHER 1. PERMANENT SHOP…………………………………………… Lost Income Yes No If Yes, Income per Day: ____________________Kip X ____ Days Lost Income = Compensation: _____________________Kip 2. CEMETERY……………………………………………………… 2. OTHER (SPECIFY)……………………………………………… Chainage of Dwelling: _______+_______ Sketch of House - Centerline, Corridor of Impact (COI) borders (m): R To ………Section L COI from Centerline: ____________m 2012 Digital Photo #:… Camera 1 2

Length (m):…………… Width (m)……………… Total Area (m2)………...… 2012 Estimated Full Replacement Value, No Depreciation: Kip…………………… Can Move back easily on Existing Residential land: Yes No If Yes, Compensation Value for Land Lost to RoW:

………..………m2 Kip………………

If No,

Centerline



64

1st Alternative: Replacement by Compensation: Total Area of Old Plot = …………… m2 Total Area New Plot = …………… m2 Compensation for New Plot of Land Kip. …………… 2nd Alternative: Project Will Create New Residential Plot: New Plot Created by Project, By Date: ………………...Day/month Moving Allowance to Owner: Kip…………….. Requirement for Income Compensation …… Yes No If Yes, How many Months to Re-Establish Income? ______Month(s) Allowance for Re-Establishment of Income… Kip………….. Total Compensation for Permanent Shop or Other Structure (Replacement Value + Land + Moving Fee + Lost Income):

Kip……………..

AGRICULTURAL LOSSES A. RICE PADDY Chainage of Dwelling: _______+_______ Type of Paddy: Acquired Area Length

(m) Width (m)

Acquired Area (m2)

Total area (m2)

Kip/m2 Remark

1st Class (5 t/ha) 2nd Class (2-3 t/ha) 3rd Class (1-11/2/ha) Total



65

B. OTHER AGRICULTURAL LAND Chainage of Dwelling: _______+_______ Acquired Area Length (m) Width (m) Acquired

Area (m2) Total area

(m2) Kip/m2 Remark

1. Garden 2. Fish Pond 3. Grazing Land 4. Swidden Land or shifting cultivation

5. Other Land Total Likely Impacts on Other Agricultural Land, e.g., Damaging Irrigation Yes No If Yes, C. INCOME GENERATING TREES Chainage of Dwelling: _______+_______ Tree No.

Trees Total Trees

Age Av DBH* Av Height

Kip Per Tree

Remark

1. Teak 2. Banana 3. Mango 4. Tamarind 5. Coconut 6. Other (Specify) 7. Other (Specify) Total (*DBH = Diameter at Breast Height)

Total Compensation for AGRICULTURAL LOSSES Kip……………..



66

SUMMARY RESETTLEMENT INFORMATION

1. MOVABLE STRUCTURES Kip…………….. 2. PERMANENT STRUCTURES Kip…………….. 3. AGRICULTURAL LOSSES Kip…………….. TOTAL HH COMPENSATION: Kip…………….. Day: ……………. Month: ……………..Year: …… Affected Person

Signature

Head of Village Survey Team Leader

Signature Signature

Chief of Resettlement Committee

Signature



67

Annex 3: Project Problem Report Register Lao Language Date

Province District Village Unit House # Card # Head of HH Name Details of Problem

Cause of Problem

Method of Settlement

Problem is True Signature (Affected Person)

Signature (Village Chief)

I am Satisfied with the Settlement and will make no further claim for this Problem

Signature (Affected Person)

Signature (Village Chief)

Lao Language Administration Box

¸



68

Annex 4: Options for Compensation Payment 1. That I _________________________, residing at ___________________________ has been informed about the Project (state subproject). DMS # ______ 2. I am aware that I will be affected by the said project and that the Project staff and RC informed me of my right to receive compensation and assistance for all losses (land, houses, structures, and other fixed assets, trees and crops). Details of losses and my options for compensation payment are shown below: Table 1: Land Type of Land

Total Landholdings

Affected Area

% of Loss Unit Cost (per sq.m)

Total Cost Option

Total Cost Table 2: House, structure, moving fee and allowances House/ Structures

Unit Total Floor Area

Affected Area Unit Cost Total Cost Option

Total Table 3: Trees /crops Trees/Crops Qty No. of Aff.

Trees/Crops Unit Cost Total Cost Option

Total Total Table 1+2+3 Table 4: TOTAL - Options for Compensation Payment Options Details Amount Option A Cash Option B* Land for Land (see table 5) Option C* In-Kind (see Table 5) Voluntary Contribution (VC)

See Table 1-3

Total Payment Received Total Amount Due Difference (loss minus received) Note: Received more than what was Lost. *Table 5: Option B and C: LAND-FOR-LAND OR IN KIND

Type Qty. Unit Unit Price Total Notes Option B. Land Sq.m. Located In ______ village Option C. In-Kind

Will receive on ____ 2005 Contractor will level land

on _______ 2005 Others



69

TOTAL

Signed by AP: _____________________ Date: ________________ Prepared By Prepared BY: Confirmed By Witnessed by:

DRC DMS Team Village Chief Lao Women’s Union / Third Party

Name and signature

Name and signature Name and signature Name and signature



70

Annex 5: List of Persons Met No Name Position District Tel.1 Mr. Onphan Thongthida Deputy Head of Huaphanh Province

PWT Sam Neua 020 22346111

2 Mr. Hungaloun Head of transport Section Sam Neua 3 Mr. Phonsouk Inthavong Chief of Huaphanh resettlement

Committee Samneu 020 22346142

4 Mr. Semkham Philavong Deputy Head of ADB 12 Project Manager of Xieng Khouang Province

Phonsavan 020 99555530

5 Mr. Keooudone Thammavong Head of Kham District PWT Kham District

020 23543777

6 Mr. Keophet Norlintha Head of Vieng Xai District PWT Vieng Xai 020 99907206 7 Mr. An Specialist of Vieng Xai District PWT Vienh Xai 8 Mr. Phonxay Deputy Head of Sop Bao District PWT Sop Bao 9 Mr. Silisack Soulany Specialist of Sop Bao District PWT Sop Bao

10 Mr. Bounthone Village Chief of Long Khou village Vieng Xai 020 58964942 11 Mr. Bounpheng Village Chief of Navid village Vieng Xai 12 Mr. Phimphone Village Chief of Poung Nakhao village Vieng Xai 13 Mr. Yalao Village Chief of Nakhao village Vieng xai 14 Mr. Bounla Village Chief of Nahia village Vieng Xai 15 Mr. Phouthong Village Chief of Xieng Man village Vieng Xai 16 Mr. Vongkham Village Chief of Khor village Vieng Xai 17 Mr. Kou san Village Chief of Na San village Vieng xai 18 Mr. Bounphet Village Chief of Kang Thard village Vieng xai 19 Mr. Sifeuang Village Chief of Kang Meuang village Vieng xai 20 Mr. Som Village Chief of Kang Mong village Vieng xai 21 Mr. Singthong Village Chief of Phou San village Vieng xai 22 Mr. Phouthong Village Chief of Phou Neua village Vieng xai 23 Mr. Symanivone Village Chief of Phou kang village Vieng xai 24 Mr. Thanongsone Deputy Chief of Phou Kao Village Vieng xai 25 Mr. Viengkham Village Chief of Phoun Mai Village Vieng xai 26 Mr. Somphet Village Chief of Som Village Vieng xai 27 Mr. Saythong Village Chief of Xieng Village Vieng xai 28 Mr. Sonemany Village Chief of Deuy Village Vieng xai 29 Mr. Bounkerd Village Chief of Sam Phanxay Village Vieng xai 30 Mr. Vilayphet Village Chief of Vang Hay Village Vieng xai 31 Mr. Khenthong Village Chief of Na Loung Village Vieng xai 32 Mr. Syphone Village Chief of Na Mao Village Vieng xai 33 Mr. Khmphui Village Chief of Meuang Poua Village Vieng xai 34 Mr. Lieo Village Chief of Home Phanh Village Vieng xai 35 Mr. Sonephat Village Chief of Na Sa Village Vieng xai 36 Mr. Komthong Village Chief of Poung Village Vieng xai 37 Mr. Somphone Village Chief of Phon Thong Village Vieng xai 38 Mr. Douangchai Village Chief of Ka Leum Village Vieng xai 39 Mr. Bounthavi Village Chief of Vang Xiengillage Vieng xai 40 Mr. Somphavane Village Chief of Na Yom Village Sop Bao 41 Mr. Phonesy Village Chief of Phon Say Village Sop Bao 42 Mr. Sayphone Village Chief of Na Xang Village Sop Bao 43 Mr. Phouvong Village Chief of Na Phon Souk Village Sop Bao 44 Mr. Thonsaeng Village Chief of Kang Hao Village Sop Bao 45 Mr. Daothong Village Chief of Dao Thong Village Sop Bao 46 Mr. Khamsay Village Chief of Na Farm Village Sop Bao 47 Mr. Somvang Village Chief of Hao Saen Village Sop Bao



71

48 Mr. Suaneng Village Chief of Vieng Hang Village Sop Bao 49 Mr. Vongsay Village Chief of Na Ngoua Village Sop Bao 50 Mr. Khamoun Village Chief of Meuang Hang Village Sop Bao 51 Mr. Thongphone Village Chief of Phieng Feuang Village Sop Bao 52 Mr. Khammai Village Chief of Hard San Village Sop Bao 53 Mr. Vongsaeng Village Chief of Meuang Hom Village Sop Bao 54 Mr. Maiphone Village Chief of Na Pung Village Sop Bao 55 Mr. Bounthavy Village Chief of Pong Village Sop Bao 56 Mr. Phien Village Chief of Pa Khok Ngai Village Sop Bao 57 Mr. Suayang Village Chief of Pak Hang Village Sop Bao

Annex 6: List of DMS Team Rank Name Qualification and Address Tel

1 D.Sc. Pheng Phengsintam Field Team Leader, NUOL 020 55785056 2 Mr. Soulivan B.Sc. of Engineering and Transport LTEC 020 55939364 3 Mr. Leokham B.Sc. of Engineering and Transport, LTEC. 020 54018323 4 Mr. Chanthavixay B.Sc. of Engineering and Transport, LTEC 020 28999559 5 Mr. Thanakhan B.Sc. of Engineering and Transport, LTEC 020 581122333 6 Mr. Keophet Head of Vieng Xai District PWT 020 99907206 7 Mr. An Specialist of Vieng Xai District PWT 8 Mr. Silisack Specialist of Sop Bao District PWT 9 Mr. Sinxai Driver, LTEC

10 Mr. Tounkham Driver, LTEC

Grant 0234‐LAO: Second Northern GMS Transport Network Improvement Project (ADB12) Detailed Engineering Design and Procurement Phase

Resettlement Report

72

Annex 7

Master List of Affected Households (AHs)

Affected Asset Summary of NR6B

Unit Total Aea Affected area

% affection

Unit Price (kip)

Total Amount for RL & trees

(kip)Unit Total area

(m2)Affected area (m2)

% affection

Severely affection

Unit price (Kip) Total (Kip) Repairing cost

Transportation

allowances(kip)

Transition subsistance allowances

(kip)

Special allowance for

vulnerable HHs

Bussiness Loss

allowances (kip)

1 1 354 4+470, R Mr. Eounkham Na Pung Sob Bao SPH Semi-permanent house with two floors m2 90 70 77.78 30,000 2,100,000 m2 66 66 100 Total 180,000 11,880,000 - 1,600,000 1,440,000 - - 17,020,000

1 2 355 4+480 Mr. Phonekeo Na Pung Sob Bao Shp Shop m2 80 52 65.00 30,000 1,560,000 m2 51.5 51.5 100 Total 161,000 8,291,500 - 1,600,000 - - 120,000 11,571,500

1 3 367 9+625, L Mr. Sorsavanh Pong Sob Bao WH Wooden house m2 40 38 95.00 30,000 1,140,000 m2 36 36 100 Total 161,000 5,796,000 - 1,600,000 1,440,000 - - 9,976,000

1 9+625, L Mr. Sorsavanh Pong Sob Bao Kch Kitchen m2 30 20 66.67 30,000 600,000 m2 20 20 100 Total 161,000 3,220,000 - 1,600,000 - - 5,420,000

1 4 368 9+635, L Mr. Soukkalasin Pong Sob Bao WH Wooden house m2 70 30 42.86 30,000 900,000 m2 28 28 100 Total 161,000 4,508,000 - 1,600,000 1,440,000 - - 8,448,000

1 Mr. Phonekeo Na Pung Sob Bao Ft Mango tree No 1 20,000 20,000 - - - - - - - - - - - - 20,000

1 Mr. Phonekeo Na Pung Sob Bao Ft Longan tree No 1 20,000 20,000 - - - - - - - - - - - 20,000

1 5 369 9+645, L Mr. Saiphouvong/Mrs Nine Pong Sob Bao PH Permanent house m2 150 86 57.33 30,000 2,580,000 m2 80 80 100 Total 205,000 16,400,000 - 1,600,000 1,440,000 - - 22,020,000

1 6 370 9+650, L Mr. Bountham Pong Sob Bao PH Permanent house m2 86 60 69.77 30,000 1,800,000 m2 42 42 100 Total 205,000 8,610,000 - 1,600,000 1,440,000 - - 13,450,000

1 7 372 9+665, L Mr. Kaithong Pong Sob Bao WH Wooden house m2 120 72 60.00 30,000 2,160,000 m2 72 72 100 Total 161,000 11,592,000 - 1,600,000 1,440,000 - - 16,792,000

1 8 374 9+680, L Mr Bounphet Pong Sob Bao WH Wooden house m2 130 70 53.85 30,000 2,100,000 m2 70 70 100 Total 161,000 11,270,000 - 1,600,000 1,440,000 - - 16,410,000

1 9 376 9+700, L Mr. Sikheua Pong Sob Bao Pch Porch of house m2 25 18.75 75.00 30,000 562,500 m2 18.75 18.75 100 Total 40,000 750,000 - - - - - 1,312,500

1 1 9+700, L Mr. Sikheua Pong Sob Bao SPH Semi-permanent house with two floors m2 80 48 60.00 30,000 1,440,000 m2 44 44 100 Total 180,000 7,920,000 - 1,600,000 1,440,000 - - 12,400,000

1 10 378 9+820, L Mr. Sorksai Pong Sob Bao PH Permanent house m2 86 34 39.53 30,000 1,020,000 m2 32.5 32.5 100 Total 205,000 6,662,500 - 1,600,000 1,440,000 - - 10,722,500

1 11 384 10+070, R Mr. Phonevilay Pong Sob Bao Ft Mango tree No 7 20,000 140,000 - - - - - - - - - - - - 140,000

1 10+070, R Mr. Phonevilay Na Pung Sob Bao Ft Prune tree No 6 - 20,000 120,000 - - - - - - - - - - - - 120,000

1 12 385 10+100, L Mr. Chan Pong Sob Bao WH Wooden house m2 60 28 46.67 30,000 840,000 m2 27 27 100 Total 161,000 4,347,000 - 1,600,000 1,440,000 - - 8,227,000

1 13 386 10+120, L Mr. Phonethong Pong Sob Bao WH Wooden house m2 80 22.5 28.13 30,000 675,000 m2 22.5 22.5 100 Total 161,000 3,622,500 - 1,600,000 1,440,000 - - 7,337,500

1 14 387 10+450, R Mr. Bounthavy Pong Sob Bao Ft Tamarind tree No 7 - 20,000 140,000 - - - - - - - - - - - - 140,000

1 10+850, L Mr. Phonethong Pong Sob Bao Fsp Fish pond m2 500 40 8.00 30,000 1,200,000 - - - - - - - - - - - - 1,200,000

1 15 389 23+760, R Mr. Lone Pa hang Sob Bao PH Permanent house m2 150 120 80.00 30,000 3,600,000 m2 110 110 100 Total 205,000 22,550,000 - 1,600,000 1,440,000 - - 29,190,000

1 16 392 24+100, R Mr. Je Pa hang Sob Bao WH Wooden house m2 130 63 48.46 30,000 1,890,000 m2 63 63 100 Total 161,000 10,143,000 - 1,600,000 1,440,000 - - 15,073,000

1 24+100, R Mr. Je Pa hang Sob Bao Pch Porch of house m2 28 24 85.71 30,000 720,000 m2 24 24 100 Total 40,000 960,000 - - - - - 1,680,000

1 17 393 24+100, L Mr. Eue Pa hang Sob Bao Pch Porch of house m2 26 23 88.46 30,000 690,000 m2 23 23 100 Total 40,000 920,000 - - - - - 1,610,000

24 Total 941.25 28,017,500 830.25 139,442,500 - 24,000,000 18,720,000 - 120,000 210,300,000

Affected asset typesAbbv.DistrictVillageNo. AHs

Allowances Total

compensation amount (kip)

Affected Residential Land & trees

Ser#No.

Value of affected non land

NameChainage

Grant 0234-LAO: Second Northern GMS Transport Network Improvement Project (ADB12) Detailed Engineering Design and Procurement Phase

Resettlement Report

73

Annex 8 (1): List of Hua Phanh RC for ADB 12


Resettlement Report

74

Annex 8 (2): List of Additional Hua Phanh RC for ADB 12


Resettlement Report

75


Resettlement Report

76

Annex 9: Project Villages summary for NR6B, 3 November 2012 Ser# Village Name Chainage (Km) DMS data

collection No APs

1 Na Pung 3+400 30-Oct-12 13 2 Pong 8+500 30-Oct-12 22 3 Pa Khok Ngai 18+500 31-Oct-12 0 4 Pak Hang 23+500 31-Oct-12 5 Total 40


Resettlement Report

87

Annex 10: Unit Price from Huaphanh RC.


Resettlement Report

88


Resettlement Report

89


Resettlement Report

80

Annex 11

Table 1: Severity of Loss of Productive Land

All AHs, who loss the productive land can receive village’s land for compensation payment (redistribution) as the same time of compensation and resettlement schedule and it will not use the schedule for next redistribution from district’s policy. However, in NR6B will not impacts on productive land but it impact on residential land.

Village Total

Agricultural Land

Total HH allocated farming land in village

Schedule for next

redistribution Na Pung 143.2 46 2016 Pong 80 64 2016

Pakhom 200 No redistribution No redistribution

Pa hang 115 No redistribution No redistribution

Table 2: Resettlement Arrangements All AHs, who loss the residential land and they could not move back (steep plot), the district and viallage authorities will collaborate together and use village’s land to replace all relocating houses plots (AHs). The discussion and agreement between province, district and villag’s authorities show in the table below:

Village Resettlement area available

(ha) Date APs consulted on

relocation arrangements

Na Pung 2.5 29/10/2012 &01/6/2013 Pong 4 29/10/2012 &01/6/2013 Pakhom 5 29/10/2012 &01/6/2013 Pa hang 5.5 29/10/2012 &01/6/2013

Table 3: Resettlement Land Preparation for new relocation The table below shows the plot areas for relocation house and site preparation (land leveling, grading and filling up), it also explains about the distance between existing area nd new relacating’s areas.


Resettlement Report

81

Village Replacement land

distance from main road (m)

Requirements for site preparation

(m2)

Date for Completion of

Site Preparation Na Pung 2,000 3,900 May 2014 Pong 800 6,600 May 2014 Pakhom 300 1,500 May 2014

Pa hang No relocating requested

No relocating requested

Table 4: Summary of Resettlement Assistance “Resettlement and Income Restoration Strategy”

Al AHs will receive the assistance as fowllowing table:

Type of Assistance Description

For Households Who Can Move Back

Stabilization Allowance 1. Labor assistance for remove and installation, if no compensation in cash.

2. Helping for land leveling and fill up, if no compensation in cash.

3. Lobor assistance, if no compensation in cash 4. Reparing cost provision if partilly affected

structures

etc Any requesting from AHs will be first priority for solving and assistance.

For Households Required to Relocate

Stablization Allowance

1. Allowance provision to AHs during the relocation and house’s installation.

2. Transition allowance provision during relocating if no compensation in kind

3. Transportation allowance, if no compensate in kind

Replacement Land 1. Provision the land plot to AHs (village's land) 2. Leveling and fill up for new residential land

etc Any requestinf and purposing from AHs are firt priority to be solved


Resettlement Report

82

Annex 12: Unit price survey, 3 November 2012 Items Cost 1(kip)/m2 Cost 2 (Kip)/m2 Average (Kip)/m2 Permanent house 457,815 597,740 527,778 Semi-permanent house

945,192 1,002,548 973,870

Wooden house 291,019 756,731 523,875 Simple house 374,643 218,452 296,648 Simple house 155.33 155.33

I. Wooden House • Wooden house (9 x 6m =54m2): wood floor and wall, asbestos roof.

1. Wood poles =8 poles x200,000 Kip= 1,60,000 kip 2. Mai khang (Wood for floor) (7x7), long 6m 30sheetsx80,000 kip =2,400,000 kip 3. Maitong and mai pae 5x15m 56 x 80,000 kip =4,480,000 kip 4. Paenpou (wood for floor) 4x18m 110 sheetsx30,000

kip=330,000 kip 5. Wood for wall 75x40 75x30,000 kip

= 2,2-50,000 kip 6. Maisiyua (Rafter)(15x10), long 3m 10 sheets x80,000 kip

=800,000 kip 7. Mai Khua (Tie beam) (15x10), long 6m 6x80,000 kip

= 480,000 kip 8. Mai hao (Collar beam)(8x5), long9m 15stem x80000 kip =1200,000 kip 9. Asbestos 100 sheets x22,000 kip =2200,000 kip 10. Nail =15 kgx15,000 kip =225,000 kip 11. Labor = 2,000,000 kip

Total 15,715,000 kip/54m2

291,019 Kip/m2 • Wooden house (20.8m2)

Concrete floor, Wood floor and walls, asbestos roof

Concrete poles 8 (8x18) x 200,000 Kip = 1,600,000 Kip. Subtotal 1,600,000 kip 1. Support wood (5x8) 30 sheets x 80,000 kip = 2,400,000 kip 2. Khangsay (Support wood) (6x14) 4 stems x 80,000 kip =320,000 kip 3. Wood for floor 80 sheets (2x20) x 30,000 kip =2,400,000 kip 4. Wood 94x8) 20 stems x30,000 kip =600,000 kip 5. Wood for wall (2x20) 150 sheets x 18,000 kip = 2,700,000 kip Sub-Total 8,420,000 kip


Resettlement Report

83

Roofing 6. Maikhua (6x14) 4 x 80,000 Kip = 320,000 kip 7. Mai syyoua (6x12) 8 x40,000 kip =320,000 kip 8. Mai Khao (4x8) 35 stems x 25,000 kip =875,000 kip 9. Asbestos 90 sheets x 22,000 kip =1,980,000 kip 10. Nail 15 kg x 15,000 kip =225,000 kip 11. Labour =2,000,000 kip

Sub-Total = 5,720,000 kip Total 15,740,000 Kip 756,731 kip/1m2 II. Permanent house (villa) (6 x9 m = 54m2)

1. Concrete poles 20cm, long 4m 8 Poles/40,000 Kip/m =3,200,000 Kip

2. Brick 1100 x 1000 kip = 1,100,000 Kip 3. Labor = 6,000,000 Kip 4. Cement for floor 10 bags x 39,000 Kip

= 390,000 Kip 5. Sand 2 trucks x 700,000 Kip

= 1,400,000 Kip 6. Rock 1 truck x 600,000 Kip = 600,000 Kip 7. Maikhua concrete 150000 x 6 person = 950,000 Kip 8. Asbestos 90sheets x 22,000 Kip = 1,980,000 Kip 9. Cement 7 t x 700,000 Kip = 4,900,000 Kip 10. Wood for Door 2 No x 500,000 Kip = 1,000,000 Kip 11. Wood for window 1 No x 200,000 Kip = 200,000 Kip 12. Single window wood 3 No x 100,000 Kip = 300,000 Kip 13. Labor for roof = 4,000,000 Kip

Total = 24,722,000 Kip = 457,815 kip/1m2 III. Simple house (5x7 = 42m2) Concrete floor, bamboo wall and zinc roof.

1. Wood poles 8 poles x 120,000 kip = 960,000 kip 2. Cement 1.10t x 700000 kip = 770,000 kip 3. Rock 2 trucks x 600,000 kip = 1,200,000 kip 4. Sand 1 truck x 700,000 = 700,000 kip 5. Wall

Maikhang (Wood for wall) 5x15 40 sheets x 80,000 kip = 3,200,000 kip Bamboo sheets 15sheets x 15000 kip = 225,000 kip Wood 4x8 150 stems x30,000 kip = 4,500,000


Resettlement Report

84

6. Roof Mai Khua (5x15) 25m long 4 x 80,000 kip =320,000 kip Syyua (5x15) 8 stem x 80,000 kip = 640,000 kip Mai hao (4x8) 36stemsx30,000 kip =1,080,000 kip Asbestos 70sheets x 22,000 kip = 1,540,000 kip Nails 10 kgx15,000 kip = 150,000 kip

7. labor 450,000 kip

Total 15,735,000 kip 374,643 kip/m2 IV. Wood+bamboo house (6x7 = 42 m2): Wood floor and 1/2wall, asbestos roof 1. Wood poles (18cm) 8 x 200,000 kip = 1,600,000 kip 2. Floor: Œ Mai Khang 5x15, 4sheets x80,000 kip =320,000kip Œ Maitong 4x8, ¨¾¸ 7 m, 40sheets x 80,000 kip=320,000kip Œ Paepou 5x15, 60 sheets x 30,000kip = 1800,000 kip 3. Wall Œ Paenkhuang (5x15), 40sheets x80,000 kip = 320,000 kip Œ Bamboo sheets 15sheets x 15,000 kip = 225,000 kip Œ Wood (4x8), 150 No x30,000 kip =450,000 kip 4. Roof Œ Mai Khua 5x15, 4No x 80,000 kip = 320,000 kip Œ Siyua 5x15, 8No x 80,000 kip- =640,000 kip Œ Mai hao 4x8, 36Nox30,000 kip -=1,080,000 kip Œ Asbestos 70sheets x 22,000 kip = 1,500,000 kip Œ Nail 10 kgx15,000 kip =150,000 kip 5. Labor = 450,000 kip Total 9,175,000 kip 218,452kip/m2 _____________________________________________________________________ V. Bamboo floor and wall, grass roof (5 x 6m = 30m)

1. Poles 6 poles x 200,000 kip = 1,200,000 kip


Resettlement Report

85

2. Floor • Mai khang 5 x 15 cm, 3 x80,000 kip = 240,000 kip • Mai kom khang 15 stems x20,000 kip =300,000 kip

3. Wall • Bamboo sheets 6 x 15000 kip = 900,000 kip • Mai 4x8 10 stems x 30,000 kip = 300,000 kip

4. Roof • Mai khua 3x80,000 kip =240,000 kip • Syyua 6x80,000 kip =480,000 kip • Grass sheets 300 sheets x 2,000 kip =600,000 kip

5. Labor 8x 50,000 kip = 400,000 kip

Total 4,660,000 kip 155,33 kip/m2 VI. Semi-permanent house (20.8m2) The first floor: Concrete floor, Bamboo wall; The second floor: Wood floor and walls, asbestos roof The first floor 1:

1. Concrete poles 8 (8x18) x 200,000 Kip = 1,600,000 Kip. 2. Cement 20 bags x 36000 Kip = 720,000 kip 3. Rock 1 truck x 400,000 kip = 400,000 kip 4. Sand 1 truck x 400,000 kip = 400,000 kip 5. Wood 4x8 30 stems x 30,000 kip = 900,000 kip 6. Bamboo sheets 15 sheets x 20,000 kip = 300,000 kip 7. Nails 8 kg x 15,000 kip = 1,200,000 kip

Subtotal 5,520,000 kip

Second floor: 1. Support wood (5x8) 30 sheets x 80,000 kip = 2,400,000 kip 2. Khangsay (Support wood) (6x14) 4 stems x 80,000 kip =320,000 kip 3. Wood for floor 80 sheets (2x20) x 30,000 kip =2,400,000 kip 4. Wood 94x8) 20 stems x30,000 kip =600,000 kip 5. Wood for wall (2x20) 150 sheets x 18,000 kip = 2,700,000 kip

Sub total 8,420,000 kip

Roofing 1. Maikhua (6x14) 4 x 80,000 Kip = 320,000 kip 2. Mai syyoua (6x12) 8 x40,000 kip =320,000 kip 3. Mai Khao (4x8) 35 stems x 25,000 kip =875,000 kip 4. Asbestos 90 sheets x 22,000 kip =1,980,000 kip 5. Nail 15 kg x 15,000 kip =225,000 kip


Resettlement Report

86

6. Labour =2,000,000 kip

Sub –Total = 5,720,000 kip Total 19,660,000 Kip 945,192 kip/1m2

VI. Semi-permanent house (20.8m2) The first floor: Concrete floor, brick wall; The second floor: Wood floor and walls, asbestos roof The first floor 1:

8. Concrete poles 8 (8x18) x 200,000 Kip = 1,600,000 Kip.

9. Cement 40 bags x 36000 Kip = 1,440,000 kip

10. Rock 1 truck x 400,000 kip = 400,000 kip

11. Sand 2 truck x 400,000 kip = 600,000 kip

12. Wood 4x8 30 stems x 30,000 kip = 900,000 kip 13. Brick 1000 No x 1000 kip = 1,000,000 kip 14. Nails 8 kg x 15,000 kip = 1,200,000 kip 15. Labor 273,000

Subtotal 6,713,000 kip Second floor:

6. Support wood (5x8) 30 sheets x 80,000 kip = 2,400,000 kip 7. Khangsay (Support wood) (6x14) 4 stems x 80,000 kip =320,000 kip 8. Wood for floor 80 sheets (2x20) x 30,000 kip =2,400,000 kip 9. Wood 94x8) 20 stems x30,000 kip =600,000 kip 10. Wood for wall (2x20) 150 sheets x 18,000 kip = 2,700,000 kip

Sub total 8,420,000 kip

Roof 7. Maikhua (6x14) 4 x 80,000 Kip = 320,000 kip 8. Mai syyoua (6x12) 8 x40,000 kip =320,000 kip 9. Mai Khao (4x8) 35 stems x 25,000 kip =875,000 kip 10. Asbestos 90 sheets x 22,000 kip =1,980,000 kip 11. Nail 15 kg x 15,000 kip =225,000 kip 12. Labor =2,000,000 kip

Sub –Total = 5,720,000 kip

Total 20,853,000 Kip 1,002,548 kip/1m2


Resettlement Report

87

VI. Permanent house (20.8m2) The first floor: Concrete floor, brick wall; The second floor: Wood floor and walls, asbestos roof The first floor 1:

16. Concrete poles 8 (8x18) x 200,000 Kip = 1,600,000 Kip. 17. Cement 40 bags x 36000 Kip = 1,440,000 kip 18. Rock 1 truck x 400,000 kip = 400,000 kip 19. Sand 2 truck x 400,000 kip = 600,000 kip 20. Wood 4x8 30 stems x 30,000 kip = 900,000 kip 21. Brick 1000 No x 1000 kip = 1,000,000 kip 22. Nails 8 kg x 15,000 kip = 1,200,000 kip 23. Labor 273,000

Subtotal 6,713,000 kip

Roof 13. Maikhua (6x14) 4 x 80,000 Kip = 320,000 kip 14. Mai syyoua (6x12) 8 x40,000 kip =320,000 kip 15. Mai Khao (4x8) 35 stems x 25,000 kip =875,000 kip 16. Asbestos 90 sheets x 22,000 kip =1,980,000 kip 17. Nail 15 kg x 15,000 kip =225,000 kip 18. Labor =2,000,000 kip

Sub –Total = 5,720,000 kip

Total 12,433,000 Kip 597,740 kip/1m2

. Grant 0234-LAO: Second Northern GMS Transport Network Improvement Project (ADB12) Detailed Engineering Design and Procurement Phase

Resettlement Report

88

Annex 13: Photo of DMS Activities

Photo: 1 DMS team meeting with villagers. 2. Checked center line (CL). 3. Measured affected house. 4. Recorded affected asset and gave form to AP to sign. 5. Village chief signed DMS form. 6. Distributed PIB to AP.

. Grant 0234-LAO: Second Northern GMS Transport Network Improvement Project (ADB12) Detailed Engineering Design and Procurement Phase

Resettlement Report

89

Annex 14: Example Photo AP ID

Photo ID 001-028 for NR6A

second northern greater mekong subregion transport network … · 2014. 9. 29. · lao people’s...

Documents