northwest irrigation sector project link ......supplementary appendix h.1 northwest irrigation...

Supplementary Appendix H.1

NORTHWEST IRRIGATION SECTOR PROJECT LINK CANAL SUBPROJECT

RESETTLEMENT PLAN

List of Contents

. The Project 3

2. Impact on Structures and Land Acquisition 4

3. Mitigating Project Impact 5

4. Socio-Economic Situation in the Project Area. 6

4.1 Project Socioeconomic Surveys 6 4.2 Socio-Economic Characteristics Of The Wider Project Area 6

5. Objectives, Policy Framework and Entitlements 16

6. Mitigating Impact and Ensuring the Restoration of Livelihoods of APs 18

7. Participation, Information and Consultation and Grievance Redress 21

7.1 AP Participation 21 7.2 Disclosure of Information to APs 21 7.3 The Grievance Process 22

8. Management and Organisation 24

9. Resettlement Budget 26

10.Implementation Schedule 28

11.Monitoring and Evaluation 28

List of Tables: Number Title Page No. 3.1 Development Agents Working in Area 7

4.1 Demographics of Subproject Area 8

4.2 Village Demographics 8

4.3 Age-Sex distribution of APs 9

4.4 Size of AP households 9

4.5 Incidence of Overall Poverty in Subproject Area 9

4.6 APs Deficit in rice production for household 9

4.7 APs Duration of Rice Deficit last year (months) 9

4.8 Literacy of household head and spouse 10

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4.9 School attendance of children of primary school age 10

4.10 Reason for non-attendance school 10

4.11 Attendance of school age children: Lower secondary 10

4.12 Reason for non-attendance at secondary school 10

4.13 Village Land, Farming System, Non-Farming Occupations and Mines or UXO Pesence 12

4.14 Bavel District, Kdol Commune, Villages and Population 12

4.15 Banan District, Takram Commune, Villages and Population 13

4.16 Link Canal and Reservoir Affected Communes: Priority Livelihood Issues 13

4.17 Attitudes and Expectations of Villages in the Canal and Reservoir Areas 14

4.18 APs Knowledge of the project 11

4.19 Affect on property 11

4.20 Will improve farm irrigation 11

4.21 Attitude to project construction works 15

4.22 If good or very good, rank importance 15

4.23 Contribution of labour and/ or cash to construction adn maintenance 15

4.24 Will pay for the improvement of farm land 15

9.1 Administrative Costs for RAP Implementation 25

9.2 Estimate of Compensation Costs 28

List of Figures Number Title Follows Page No. 1.1 Location of Link Canal Subproject 3

8.1 Project Management Organisation 26

List of Boxes Number Title Page No. 5.1 Entitlement Matrix of Proposed Compensation and Resettlement: NWISP

Link Canal Subproject 2 18

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Executive Summary

The Government of Cambodia proposes to construct the Mongkol Borey-Kamping Pouy Link Canal (termed Link Canal), which supplies the Kamping Pouy Irrigation Scheme, using funds from the Asian Development Bank under North West Irrigation Sector Project. A reservoir with a nominal live storage volume of 110 MCM was formed during the Khmer Rouge period. The purpose of this reservoir was to supply water to some 10,000 ha in the wet season and 5,500 ha in the dry.

The Link Canal Subproject involves the construction of Headworks taking water from the Mongkol Borey River, the restoration of 7.0 km. of the old canal and the creation of 7.0 km of new canal to the reservoir. Consideration will also be given at the design stage to the creation of a secondary canal system above and in the draw-down area of the reservoir to provide dry season irrigation for villages located in and on the edge of the reservoir losing land due to annual reservoir filling.

A Corridor of Impact (COI) of the main canal works, of average width of 40 m., will be cleared of all people and structures and agricultural or other activity for the length of the canal for purposes of the reconstruction of the existing link canal, the construction of the new canal and their embankments and ancillary works. The COI, including areas required outside the main canal works, has been marked out as a basis for conducting a detailed measurement survey of land of people affected by the project (APs) and as a means of identifying and providing information to APs.

Four hundred and fifty-one households, approximately 2,300 people, will be affected by the Project. There are one hundred and thirty-five houses in the COI of the canal.

One hundred and thirty-five houses in the COI of the headworks and canal and further sixty-two houses in the area of the reservoir, a total of one hundred and ninety-seven houses, are estimated to require relocation.

A total of 25.5 ha. Agricultural land will be acquired in the canal COI, requiring replacement or compensation. There will be a loss of wet season land use of about 1,338 ha. In the reservoir area, affecting some 316 APs with houses in Anlong Svay and Tar Ngern villages on areas to the north and south of the reservoir or along the right bank of the Anlong Svay Stream on the present fringes of the reservoir. Some of this farmed land in the reservoir is owned by army units who are renting this land out to farmers.

Because topographical data and alignments, and the design and effects of mitigating measures, have not been available during the feasibility resettlement study, it has not been possible to establish precise impact and requirements for compensation, land replacement for the reservoir area. On a provisional basis the Indicative IRP provides for one half of current land use, 669 ha., to be compensated or replaced, but this figure will be amended on the basis of a full DMS cadastral and land use study and decisions on any measures for dry season irrigation in the recession area to be taken during the detailed design study. The aim of the project is for none of this land, now irregularly flood-prone, to be fully lost to APs, and to optimise dry season cropping to provide a reliable farming system.

Mitigating measures, which would include a drainage canal to divert water at present flowing from the mountain above Anlong Svay, which contributes to the flooding of the 40 houses also affected by high reservoir levels, and irrigation of dry season cultivation of farms now to be inundated in the wet season in the reservoir area, will be appraised for inclusion in detailed project design

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To mitigate the disruption of houses, both in the COI of the canal and along the edge of the reservoir, along the Prekh Anlong Svay right bank, house sites will be provided and houses replaced with new materials at full replacement costs at locations permitting the restoration of social and economic activity of the concerned households at least their level of livelihood prior to project works.

Compensation costs are provisionally calculated on the basis of the expected need to replace a total of 197 houses. Provision is made for the replacement of or compensation for a total of 25.5 ha agricultural land along the canal. For purposes of the IRP and for the estimation of compensation it is assumed that one half of 1,338 ha in the reservoir, 669 ha. will be compensated or replaced.

The total cost of IRP implementation is estimated to be US$286,343. This includes $30,400 for the administrative costs of IRP implementation, of which $12,000 is for an independent External Monitor, who will be contracted for all NWISP sub-project monitoring and evaluation throughout the project duration.

The draft Indicative Resettlement Plan (IRP) has been prepared for the project in accordance with ADB Guidelines on Involuntary Resettlement, and provides a framework within which the households negatively affected by land acquisition and the displacement of structures are identified, their location and assets recorded, compensation entitlements defined, and implementation and monitoring mechanisms explained.

The draft IRP has been prepared on the basis of consultation between MOWRAM, the Inter-Ministerial Resettlement Committee, the Provincial Resettlement Sub-Committee of the Province of Battambang and APs. It has been based on preliminary identification and registration of APs and a detailed measurement survey of AP livelihoods and property affected by the project in the headworks and link canal, including a socio-economic survey of AP households and a cadastral survey of their houses and land.

The purpose of the socio-economic survey was to identiify the social characteristics and livelihood sources of households in the COI, including the identification of vulnerable households, specifically for purpose of calculating entitlements and taking any mitigating measures to maintain and restore livelihoods and assets. These studies have been further assisted by two other surveys conducted as part of the feasibility studies: social and agricultural surveys reported in Annex A of the Final Report, which have provided detailed data on households in the wider project village and commune areas; and a detailed socio-economic survey of 20% of households in the COI to provide a baseline for monitoring and evaluation, the results of which are reported on in Section 3 below and set out in full in an annex to this report.

Topographical mapping of the reservoir, done during the feasibility study, has permitted the drawing of contours and the definition of areas, including agricultural and residential areas, which will seasonally be flooded in the reservoir. The topographical survey results did not permit an early enough alignment to be drawn in the reservoir to conduct any DMS for Anlong Svay or Tar Ngern affected households and no figures are available for Army ownership of land rented to villagers in the reservoir area. The detailed inventory of farms and households in the reservoir will be done at the design stage. The aggregate figures for agricultural land which will be affected by seasonal flooding as the reservoir is filled is based on the figures for land between 21.5 m. and 23.8 m. contours and on discussions with farmers and village headmen, and this will also be surveyed more accurately at the design stage.

The terms of reference and work programme of the External Monitor provide for this work being carried out by the appointed contractor, which will be an independent non-governmental organisation or research agency appointed for all subprojects under NWISP for the six-year

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period of the Project (Appendix J.2.3). They are based on the assumption that monitoring and evaluation would be done initially for the Link Canal Subproject, using the baseline 20% socio-economic KARE survey (see Section 11). Specifically for the feasibility. study a baseline KARE survey has been conducted for each of the core four subprojects by an independent local consultant team with experience of external monitoring of resettlement plan implementation with a view both to supplementing socio-economic and land use data on APs and to provide for rapid implementation of external monitoring. This will be further assisted by the provision of a long-term contract to the external monitor for the full Project period.

Methodology, planning, conduct and application of the external monitoring and evaluation in the Link Canal Subproject IRP and Appendix J.2.3 are intended to permit it to serve as a model and training ground for all subprojects under the NWISP. It will also for that purpose be conducted as an integral part of Project Benefit Monitoring and Evaluation.

1. The Project

The Mongkol Borey-Kamping Pouy Link Canal (termed the Link Canal) is one of the four sample core subprojects selected for feasibility level study as a basis for the preparation of NWISP that is proposed for financing by ADB. The scheme was given the highest priority at the Project Planning and Subproject Selection Workshop held in Battambang on 14 June 2002 that was organized by the PDWRAM and attended by a wide range of stakeholders. Its priority ranking was subsequently endorsed by Battambang PRDC and later by MOWRAM at the Review Meeting with ADB on 30 July 2002.

Under the subproject, works would be constructed to abstract floodwater from the river Mongkol Borey and convey these to the Kamping Pouy reservoir. The reservoir is located about 20 km due west of the provincial capital of Battambang, whilst the off-take point on the river is about 35 km due west of RN 5 and 15 km southwest of the district town of Bovel.

Construction of the Kamping Pouy reservoir and main canals commenced in the Khmer Rouge period and was substantially completed with Vietnamese assistance during the 1980s. Some additional works were carried out by the Royal Government of Cambodia (RGC) in 1989, especially in Chrey commune. However, it was not until the late 1990s through Italian assistance channelled through the NGO Associazione per la Participazione allo Sviluppo (APS) that construction of the irrigation conveyance and distribution systems at secondary, tertiary and farm level commenced.

The reservoir is extensive covering some 4,800 ha at the full design capacity of 110 MCM, but is shallow with an average depth of 2.5 metres. The reservoir was conceived to serve a potential area to its north and east of some 12,000 ha. It has a mainly flat or gently sloping catchment area some 347 square kilometers in extent to the south. As the whole region recovers from the years of instability, this catchment area is being increasingly used for cultivation and hence the amount of runoff has probably decreased and will continue to do so. It was realised by the scheme designers that this catchment area could not be relied upon to fill the reservoir and they evolved the idea of the Link Canal from the Mongkol Borey, but to date no funding has been found.

Observations of the water level in and abstraction volumes from the reservoir appear to have only commenced in January 2000. Since that time the maximum volume achieved was reported as 108 MCM in mid-October 2000 and the maximum abstraction 15.35 MCM in July 2001 (equivalent to a flow of about 10 cumecs throughout the whole month). Inflow from the catchment area was estimated at 38 MCM in 2000 and 54 MCM in 2001.

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To date, Italian assistance has enabled 1,900 ha of the service area to be provided with full irrigation facilities and a further phase of assistance is due to commence in 2003 for three years during which a further 2,200 ha will be developed. Japan is also supporting development in the area and by April 2003, some 950 ha will have been equipped with full irrigation facilities. Thus, by 2006, a total area of 5,050 ha will be fully developed. As well as hardware, Italian and Japanese assistance is helping to mobilize farmers to improve water delivery, drainage and agricultural practices

Apart from the area provided with full irrigation facilities, abstractions from the reservoir together with drainage return flows from the fully developed area serve a much larger area that has a partial irrigation network of Khmer Rouge and RGC channels. This may be considered as an area of 'flood spreading'. The extent of this area is approximately 9,500 ha at present, that is the original 12,000 ha less the fully developed 2,450 ha.

The subproject will comprise only the works to convey floodwater from the Mongkol Borey to the Kamping Pouy reservoir. All works within the service area are being arranged through future assistance from Italy and Japan under the existing funding arrangements. However, in the Report Sections of the feasibility study, the service area is considered in detail together with the benefits of the subproject that arise in the service area.

2. Impact on Structures and Land Acquisition

The DMS in the Corridor of Impact (COI) of the canal and rapid appraisal in the reservoir showed that 451 households (approximately 2,300 people) would be directly affected, having their houses or other assets disrupted or displaced or having land lost through canal works or through the enlargement of the reservoir water capacity and surface area.

These figures are provisionally used in estimated compensation and management cost calculations for the Draft RP, Table. As stated above, the DMS could not be undertaken for all households because of absentees in the canal COI, and because topographical survey in the reservoir was not finished until late in the feasibility study so that farming and APs could only provisionally be identified there.

A total of 1,338 ha. is estimated to be affected by filling of the reservoir during the rainy season. The main factor in the further adjustment which will be made to these figures is that of a DMS of Army land holdings and household land use in the southern side of the reservoir recession area between contours 21.5 and 23.8, the planned post-project high level. Losses of land use in the reservoir area and the degree of impact of the increased surface area on cultivation and land rights will be subject to detailed survey, including satellite imagery and truthing/ground survey and the completion of the DMS for these households and consultation with APs, early in the detailed design. Formal identification and registration of all APs will also be done by the Provincial Resettlement Sub-Committee at the design stage.

135 households are directly affected by the project along the canal, that is, their house or land lies within the COI. 55 households will lose or suffer severe damage to their houses, house plots and related structures. 2 out of 65 farming households in the COI of the link canal will lose more that 10% of their agricultural land. 18 households in the canal COI along the line of the old canal and road are landless, that is have no agricultural land other than having possession of land plots and small home gardens, and will lose these under project land acquisition. !0 out of the 18 are being evacuated from their present locations by CEMAC under the mine clearance programme, and will be the subject of further study to review any provision of replacement plots and houses or other entitlements.

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142 households in Anlong Svay and Tar Ngern villages in and on the edge of the reservoir, will have their house plots inundated to at least floor level for 6 - 8 months of every year, and are assumed to be relocated. PDWRAM express the view that half the 80 houses at Anlong Svay village expected to be flooded as a result of the increased depth of the reservoir, those along the road running through the village, could be protected from flooding by the creation of a drainage channel to take away water draining from the mountain above the village.

There will be a loss of land use in the reservoir area, at least for part of wet season production period to some 316 APs in Anlong Svay and Tar Ngern villages on areas to the north and south of the reservoir or along the right bank of the Anlong Svay Stream on the present fringes of the reservoir. Some of this farmed land in the reservoir is owned by army units who are renting the land out to farmers. Loss of land use will be caused by the seasonal increased surface area of the reservoir between contours 21.0 m. and 23.8 m., inundating approximately 1,338 ha. land comprising all the farmland of the concerned APs and used for recession and rain-fed production. For purpose of provisional estimate of the costs of compensation it is assumed that 50% of land in the reservoir will need to be replaced or compensated for, the balance being still available for recession and irrigated dry season cropping. This provisional figure will be amended by detailed survey and the determination of cropping systems under the changed water regime in the reservoir and any measures taken to alleviate this impact, including measures for dry season irrigation in and above the reservoir area proposed but not yet designed.

Compensation costs are provisionally calculated on the basis of the expected need to replace 55 houses on the Link Canal, a further 40 houses at Anlong Svay village,40 houses on the Anlong Svay Stream right bank, and 62 houses on Tar Ngern, a total of 197 houses.

Provision is made for the replacement of or compensation for a total of 25.5 ha of agricultural land along the canal. For purposes of the IRP and for the estimation of compensation it is assumed that one half of 1,338 ha in the reservoir, 669 ha. will be compensated or replaced.

About 40 local timber and thatch stilted houses on the right bank of the Anlong Svay Stream on the fringes of the reservoir, 40 houses in Anlong Svay village and and sixty-two houses at Tar Ngern village in the south of the south of the reservoir will be flooded up to close to floor level, and for purpose of the IRP are assumed to have to be relocated. Mitigating measures, which would include a drainage canal to divert water at present flowing from the mountain above Anlong Svay, which contributes to the flooding of the 40 houses also affected by high reservoir levels, will be reviewed for inclusion in detailed project design, and may lead to a reduction in the number of houses needing to be relocated.

3. Mitigating Project Impact

To mitigate the disruption of houses, both in the COI of the canal and along the edge of the reservoir, along the Prekh Anlong Svay right bank, house sites will be provided and houses replaced with new materials at full replacement costs at locations permitting the restoration of social and economic activity of the concerned households to at least their level of livelihood prior to project works.

The development of a secondary canal and dry season irrigation system in and above the draw-down area of the reservoir will also be reviewed at the design stage with a view to providing compensatory measures for any loss of wet season agriculture to farmers using the reservoir for rice and other cultivation. There is also a potential benefit from improvement of access to Ou Slapang and Anlong Svay villages by the creation of a flood-free road along the new canal.

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A further major benefit will be the use of pumped irrigation from the canal along its length under farmers’ own operations, which may substantially mitigate losses of land use of APs in the COI.

The potential for mobilising the cooperation and resources of other agencies and for linking the project to other development action in the project area is heightened by the number of NGOs and international agencies working in communes in the project area. (Table 3.1)

Table 3.1: Development Agents Working In Area

Commune Agency/Organization Activities Kdol CARE, LWF, ANS, WFP, ADESS Road, safe water, school, health,

agronomy, agriculture extn, food for work.

Snoeng DoWRAM, WVI, CRS, CMAC, Help Age, SEILA, ACLEDA, ANS

Irrigation, seed, input and cash credit, health and sanitation, mine clearance, support aged, road and pond construction.

Chrey APS, LWS School construction, rehabilitation of health center.

Takream APS, CWS, CARERE, CRS, WVI, Buddhists for Development, Chivit Thmey, SEILA, MAG

Canal construction, user education, veterinarian, road construction, health education, credit and mine clearance.

P. Sampoav VDC,, ACLEDA, CRS, SEILA, UREPRDA, TPO, WVA

Input, seed and cash credit, health education, community infrastructure, AIDS awareness, sociology, literacy, birth spacing.

4. Socio-Economic Situation in the Project Area.

4.1 Project Socioeconomic Surveys

Three socio-economic surveys were conducted of villages in the project area, one under the Project Sociology component of households in all villages through which the canal passes in Bavel District and Banan District; a second as part of the DMS of all households whose house or land is in the COI of the canal alignment; and a third of 20% of the latter, done in greater detail as a baseline survey for resettlement M&E.

As discussed earlier, AP households and land in the reservoir area, which will be affected by inundation, remain to be surveyed because the timing of topographical surveys has not yet permitted their identification (the survey will be completed for these and absent land owning households in the canal COI at the design stage), but the extent of the agricultural land affected and their numbers have been established in a preliminary appraisal.

4.2 Socio-Economic Characteristics Of The Wider Project Area

The demographic data from the socio-economic survey of five communes in the wider project area, that is of all populations in the areas in which the headworks and canal will be constructed and all populations in the command irrigation area, are set out in Tables 4.1 and 4.2 below.

A finding from these surveys, pang has 60% and Anlong Svay has 50% “poorest” households – at least double that for these Districts as a whole.

41.6% of households at Ou Don Pouv,in the canal COI, and 62.2% of households at Anlong Svay, dependent on farming in the reservoir and 22.4% of households at Ou Slapang, farming

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rainfed rice and tree and root crops in the area of the new canal out flow, have a food deficit for longer than 6 months of the year.

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Table 4.1: Demographics Of Subproject Area.

Province Commune No. Villages Total HHs Total Pop Male Female Single HeadedHHs

IrrigableArea (Ha) No.. Landless HH

Battambang Snoeng 11 3182 16145 7859 8292 355 (11%) 5992 298 (9%) Sampaov 10 2513 12972 6255 6757 444 (18%) 3279 820 (32%) Takream 11 3219 18516 8805 9652 301 (9%) 7468 915 (28%) Chrey 10 2786 13731 6811 7121 434 (16%) 3965.5 1023 (37%)

Kdol 27 3959 20270 10006 10264 511 (13%) 10289 416 (11%)

Table 4.2: Village Demographics

Commune VillageTotal HH % HH Well

Off % HH

Average % HH Poor

% HH Poorest

% Single & Disabled HHs % Literacy

% HH with Food Deficit Over 6

Months Snoeng Samroang

Kor Snoeng Lech Peak Sbaek

204 198 363 232

2 5

13 5

29 51 30 40

48 29 30 30

21 10 27 25

23 15.6 12.4

14

65 45 50 65

19.6 4.3

30.3 6.5

P. Sampaov Krapeu Cheung Krapeu Tboung Krapeu Kaeut

464 327 146

10 7

17

30 31 43

20 24 15

40 38 25

33 31

24.7

80 70 85

32.3 33.6 55.5

Takream

Anlong SvayAndong Neang Ou Slapang

402 199 103

5 8 5

25 30 20

20 12 15

50 50 60

17.4 13

7.8

47 33 30

62.2 14

21.4 Chrey Prey Totoeng

Hai San Anlong Run Popeal Khae

359 554 179 395

5 20 13 5

40 23 30 20

30 27 30 65

25 30 27 10

21 19.3

37 11

80 65

N/A 80

41.8 33.4

24 12.7

Kdol Suon SlaBour Ou Daun Paov Boeung Sangke

354 240 192 113

10 6 3

10

50 40 20 30

25 22 37 40

15 32 40 20

20 16.6

7 21

70 70 75 75

28 23

41.6 9

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Table 4.3: Age-sex distribution of APs:

Code: 0-5 = Age group from 0 to 5 years old.... etc.

Male Female

0-5 6-12 13-18 19-25 26-60 60+ 0-5 6-12 13-18 19-25 26-60 60+ 13 24 32 9 32 6 15 22 18 12 33 3

Total = 219

6% 11% 14.5%

4% 14.5% 3% 7% 10% 8% 5.5% 15% 1.5%

Table 4.4: Size of AP households

No. Of members

1 2 3 4 5 6 7 8 9 10+

1 0 6 7 0 8 6 2 4 3 Total 1 0 18 28 0 48 42 16 36 30

219 people / 37 h-h Average 5.9

Table 4.5: Incidence of Overall Poverty in Sub Project Areas

District Commune Village Poverty Index 99 % of Poor HH in 2000 Banan Ta Kream Agnkot Thnong

Andong Neang Ou Slapang

450

Snoeng Samroang Kor Snoeng Lech Peak Sbaek

1411

P. Sampov Krapeu Cheung Krapeu Tboung Krapeu Kaeut

1160

Bavel Kdol Suon Sla Bour Ou Daun Paov Boeung Sangke

519

Khmor Kol Chrey Prey Totoeng Hai San Anlong Run Popeal Khae

1108

Source: 2001 WFP PTD (1=poorest 1610=richest commune on national ranking)

Table 4.6: APs Deficit in rice production for household

Deficit H/H % 29 37 78

Table 4.7: APs Duration of Rice Deficit last year (months):

Number 1 2 3 4 5 6 7+

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0 2 4 3 1 3 16 0 5.5% 11% 8% 3% 8% 43%

A further indicator of poverty, possibly related to relatively recent settlement in poorly located rain-fed or recession crop agricultural areas, is that of literacy. Takream, the commune located around the upland area to the north of the reservoir has half or less of the incidence of literacy of household heads of the rest of the project area communes (Table 4.2) 30% of household heads at Ou Slapanh and 47% of household heads at Anlong Svay are literate - ie, can read and write a simple Khmer sentence – by comparison with levels of 60 to 80% literacy in communes closer to Battambang. Attendance at school of school age children of AP households is low by comparison with the region as a whole, 64% of primary school and 13% of secondary age children being enrolled in school.

Table 4.8: Literacy of household head and spouse:

No leterate H/H % Male household head 21 57

Female household head 0 0 Spouse 9

37

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Table 4.9: School attendance of children of primary school age:

Children of primary school age (A) Attending in primary school (B) (B/A) 100% 65 42 64.5

Table 4.10: Reason for non-attendance school: 1= Cannot afford school costs; 2= Have to help in business; 3= Take too long to get to school; 4= Have to help on the farm; 5= Looking after house/ younger sibling;

1 2 3 4 5 4 3 4 2 2 H/H= 37 11% 8% 11% 5.5% 5.5%

Table 4.11: Attendance of school age children: Lower Secondary

Children of secondary school age (A)

Attending in lower secondary school (B)

(B/A) 100%

30 4 13

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Table 4.12: Reason for non-attendance at secondary school:

1= Cannot afford school costs; 2= Have to help in business; 3= Take too long to get to school; 4= Have to help on the farm; 5= Looking after house/ younger sibling; 1 2 3 4 5 4 8 6 7 1 H/H= 37 11% 22% 16% 19% 3%

The incidence of landlessness, farming systems and access to irrigated and rainfed land, off-farm occupations and of the presence of mines and other UXO in the project affected areas is shown in Table 4.13. Table 4.14 gives the figures of farming systems by village and also provides data on landlessness, showing the contrasts between the project area and population as a whole and project affected communities: Ou Doun Pao in the canal COI, Andong Neang and Ou Slapang in the area of the canal outflow with some farms in the high point of reservoir, and Anlong Svay and Tar Ngern in the reservoir impact area. At Anlong Svay, where households have access only to the reservoir land area and where there are a high proportion of relatively recently migrated landless households, the project surveys indicate 250 households out of 402 as being landless and 150 as farming in the reservoir. The project social survey, reported in greater detail Annex A to the Final Report, included focal group discussions aimed at eliciting the situation of project affected communities and their attitude to the project and to potential resolution of difficulties arising for them or their neighbours as a result of proposed works, especially in the canal COI. The results are set out below in Tables 4.16 and 4.17. The results of the discussions on attitudes and expectations of villages in the canal and reservoir areas are particularly valuable in respect of the reliance which focal groups placed on commune and village leaders and local authorities to resolve difficulties, including access to water, for domestic and farm consumption, and house and land losses, including replacement land. (Table 4.18). These findings were further confirmed by the Baseline Survey among APs, 97% saying that the project would be good or very good, and over 90% offering labour for construction and maintenance.

Table 4.18: APs Knowledge of the project

Know H/H % 33 37 89

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Table 4.19: Affect on property

1= House; 2= Agriculture land; 3= Pond/Well; 4= Trading stall; 5= Grave; 6= cemetery; 7= Fence.

Properties Will affect H/H %

1 25 67.5

2 14 38 3 5 13.5 4 1 3 5 1 3 6 1 3 7 4

37

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Table 4.20: Will improve farm irrigation

Improve H/H % 27 37 73%

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Table 4.13: Village Land, Farming System, Non-Farming Occupations And Mines Or UXO Presence.

Commune Village Total HH#

Landless HH

# HH DS Irrigation

# HH WS Irrigation Only

# HH WS Irri + Rainfed

# HH Rainfed

Only

# HH with Non Agric

OccupationUXO

Problem

Snoeng SamroangKor Snoeng Lech Peak Sbaek

204 198 363 232

15 18 14 28

0 0 0 0

0000

189 180 349 204

0 0 0 0

30 7

20 0

No Yes No

Yes P. Sampaov Krapeu Cheung

Krapeu Tboung Krapeu Kaeut

464 327 146

105 144

50

200 100

60

000

359 183

96

0 0 0

15 50 15

No No No

Takream

Anlong SvayAndong Neang Ou Slapang

402 199 103

250 98 52

0 0 0

000

152 0 5

0 101

46

40 25 37

Yes No No

Chrey Prey TotoengHai San Anlong Run Popeal Khae

359 554 179 395

130 245

92 139

0 0 0 0

0000

229 210

0 0

0 99 87

254

0 348

34 10

No No No No

Kdol Suon SlaBour Ou Daun Paov Boeung Sangke

354 240 192 113

20 32

0 10

0 0 0 0

104 0

115 0

200 35

0 0

30 165

72 103

0 8

24 0

No No

Yes Yes

Table 4.14: Bavel District, Kdol Commune, Villages And Population

No. Village Name Total HH Total Popn Male Female Single Head HHs

Irrigable Area (ha)

LandLess HH

With Irrigation

No irrigation

Land Allocation (Y/N)

1 Ou Daun Paov 192 (Affected N/A) 1033 524 509 7 208 0 185 0 Temporary

2 BoeungSangke

113 (Affected N/A) 575 285 290 17 632 10 110 0 Temporary

Total 2 villages 305 1,608 809 799 24 840 10 295 0

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Table 4.15: Banan District, Takream Commune, Villages And Population

No. Village Name Total HH Total Popn Male Female Single

Head HHsIrrigable

Area (ha) No. Landless

HHHH with

IrrigationHH with No

irrigationLand Allocation

(Y/N) 1 Ou Slapang 103

(Affected 45HHs) 496 259 237 6 290 52 0 98 Temporary

2 Ou Anlong Svay 402 (Affected 75HHs) 2787 1105 1623 47 600

250 0 301 Temporary

Total 2 villages 505 3,283 1,364 1,860 53 890 302 0 399 Table 4.16: Link Canal And Reservoir Affected Communes: Priority Livelihood Issues

Takream commune Kdol commune Problem Lack of rice fields

Lack of water distribution canals Lack of agricul ture technique Lack of clean water for domestic use

Lack of irrigation system Lack safe drinking water UXO Flooding

Cause No NGOs or development assistance in those issues Drought

Lack of irrigation system Not enough well water Cannot clear the land

Opportunity Rehabilitation of irrigation system Community have to contribute land for canal contraction

Rehabilitation of irrigation system Provide more well Ask for mine clearance

Constraint Negative impact heavier on those with small land Water sharing difficult Some houses will be in path of main canal

Poor management Maintenance and equal sharing of water

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Table 4.17: Attitudes And Expectations Of Villages In The Canal And Reservoir Areas

Question Takream commune Kdol commune Will you expect to be given access to water from the Link Canal for domestic or productive use?

Using in production better than use in family, because canal water is not good for drinking.

Can increase production as the canal near by. Can irrigate and for domestic use,save time for collecting water.

The new work will follow the old alignment as much as possible, but some fields may be disturbed – will the community agree to allow the construction?

Allow construction of canal because at present does not have canal system. Can provide land for canal construction.

No problem in providing land to the project for constructing the canal. Secondary or new canal People are prepared to give land for making canal.

If you have to move your house to allow construction to go ahead, would you agree?

Village and commune leader solve problem once commune council has determined construction location.

If only few affected can change. If all HHs affected , Govt. must find exchange land where possible. People don’t object if reasonable solution.

Who should make decision over what land must be given over for construction?

Community members and local authorities Decided by and coordinated by landowner and authorities together.

How should disputes about land that may be lost during construction be resolved?

Request new areas for living, depend on Government policy, resources.

Local authorities coordinate this process and find ways to support those who lost land. Payment of money instead of land preferred.

If people lose some land for the construction, how should they be compensated or otherwise assisted to ensure that they are not disadvantaged or suffer a reduction in their quality of life?

Irrigation scheme is very important because usual situation is people lack of food, sometime drought.

Construction of canal system is importance because people can grow more crops. It is an important issue.

Who should decide what compensation or assistance is provided to affected HHs?

Local authorities, should find some new land for those losing land.

All involved, the landowners and local authorities

Is there any additional land that can be allocated to those HHs who lose any land through construction?

Community can allocate land to those HHs but people might not want to live on that land.

No land to allocate. Commune leader can ask people to cooperate with implementation.

Land type Village land

Total Area Available (ha) 400 ha

Location from village Russei Ro

Similar accessibility to water as old location (Y/N) No water

Who Should be Responsible for Organizing Compensation / Reallocation

Village and commune chief, but some land people might not want to live on.

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Table 4.21: Attitude to project construction works

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

0 1 2 3 1 2 16 20 H/H=37 3% 0 43% 54%

Table 4.22: If good or very good, rank importance

1= It will improve household income; 2= Improve travel; 3= Stop flooding; 4= To increase rice product; 5= It will provide employment; 6= Permit or increase other crops; 7= To increase rice farm more than one time; 8= Have enough water to use; 9= Improve the road; 10= Improve recession cropping; 11= Diversification crops; 12= Early or late production; 13= Other (specify) .............................

Importance 1 2 3 4 5 6 7 8 9 10 11 12 5 2 0 0 6 12 2 5 1 0 3 1 1st

% 14 5.5 0 0 16 32 5.5 14 3 0 8 3 4 3 0 2 4 5 6 7 4 0 1 1 2nd

% 11 8 0 5.5 11 14 16 19 11 0 3 3 1 3 1 1 6 6 5 6 3 0 3 2 3 rd

% 3 8 3 3 16 16 14 16 8 0 8 5.5

Table 4.23: Contribution of labour and/ or cash to construction and maintenance

Construction Labour Maintenance Labor Cash for operating and maintenance

35 36 9

H/H= 37

94.5% 97% 24%

Table 4.24: Will pay for the improvement of farm Land:

Yes H/H % 35 37 94.5

5. Objectives, Policy Framework and Entitlements

The RGC has, in its loan agreements with the ADB, adhered to the ADB’s Policy on Involuntary Resettlement, and is currently in process of formulating, with ADB assistance under RETA 5935 a National Policy on Involuntary Resettlement. This affirms that APs will be fully compensated for all assets lost as a result of water resource and other infrastructure projects, regardless of whether APs have formal title to the land, which they occupy and use. In accordance with ADB’S requirements, people eligible for compensation are those who will experience negative impacts on their assets and livelihoods as a result of the Project. (see Box 5.1)

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In general, people eligible for compensation would include those affected in the following categories: • Land to be permanently acquired for the project:

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

• Permanent removal of houses, other structures and improvements and land based assets, such as trees and crops: - Owners of houses and other structures (whether with land title or not) and whether the house or structure was built with permit or not

- Tenants of houses and other structures • Temporary effects, such as disturbance to land, crops, business operations during

construction, of farmers, land users and businesses The following principles have been adopted in the formulation of the IRP: • Land acquisition, involuntary resettlement and other negative impacts are to be minimized

as much as possible by exploring alternative project designs; • Community participation in project benefits is assured; • The economic and social future of people shall not be unfavorably affected, and they will

not face a material reduction in income, living standards or unnecessary social and cultural dislocation as a result of the project;

• Resettlement measures will wherever possible contribute to the social and economic development of the affected population and area;

• The compensation to be provided is: - Compensation at replacement cost for houses and other affected structures

without deduction for depreciation or salvageable materials

- For agriculture land, at the choice of APs, compensation in terms of land for land of equal productive capacity or compensation in cash permitting land purchase by APs of equal quality and productivity to that lost*;

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

- Replacement of commercial land of equal size and commercial potential - acceptable to the affected person - Disruption allowances and transfer and subsistence allowance when appropriate.

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

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

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

*ADB Guidelines and the draft national policy express a preference for compensation for land losses by means of land replacement rather than in cash. An external agency appointed as an independent monitor will follow up and evaluate the effectiveness of this procedure and of any choice by APs of receiving cash compensation for land as well as for houses and other fixed assets. The Entitlements Matrix set out in Box 5.1 includes all entitlements, which may be applicable in this and other subprojects under NWISP. Following discussion with the IRC,it intentionally includes entitlements which may not be directly applicable in the Link Canal subproject or any specific subproject, since it will be a matter of policy to provide and make known all potential entitlements uniformly in IRPs, and secondly to facilitate the preparation and replication of IRPs without repeated research, except to amend and strengthen the Entitlements Matrix in the light of experience and monitoring.

6. Mitigating Impact and Ensuring the Restoration of Livelihoods of APs

Mitigation and minimizing of impact will be achieved at the design stage of the subproject first by keeping the width of the canal at the minimum required for the provision of the increased volume of water fully utilize the maximum full capacity of the reservoir and by further adjusting it to avoid impact on AP land and structures. This policy is reinforced by the need to restrict water taken from the Mongkol Borey in the interests of downstream water use in neighbouring provinces. Where houses are affected, they will be relocated at the cost of new build and without deduction for salvaged materials, close to existing sites, to avoid any loss of livelihoods based on the house location. No transfer fees or taxes will be chargeable to resettled households. Acquisition of land along the canal is mainly of rain-fed rice land or of house and garden plots. Some mitigating assistance to households losing agricultural land will be achieved by providing for pumped irrigation to plots along the length of the canal. House and garden plots will be replaced close to their exiting location. Land in the draw-down area of the reservoir which will be flooded during the rainy season, will be the subject of measures to improve dry season and recession cropping wherever this is possible, including the provision of a canal within the reservoir area to provide dry season irrigation in and above the draw-down area. The preferred mechanism for farm income restoration is that of land for land, but APs will be consulted through commune and village resettlement sub-committees on other measures to replace any loss of land use and livelihoods, including the option of cash compensation for purposes of replacement of land by purchase by themselves or with the assistance of Commune or Village Resettlement Sub-Committees. The effectiveness of both forms of land compensation will be monitored by the External Monitor (Section 11 and Appendix J.2.3).

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Box 5.1 Entitlement Matrix of Proposed Compensation and Resettlement: NWISP Link Canal Subproject1 Type of Loss Application Entitled Person Compensation 1 Arable land Loss of arable land. Eligible landholder with formal legal title, possessory land holder

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

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

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

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

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

Temporary acquisition or easement

Eligible landholder

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

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

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

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

Eligible for relocation assistance and other allowances, as applicable.

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

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

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

3 Commercial land Plots used for business affected

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

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

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

Type of Loss Application Entitled Person Compensation

1 (Certain of these entitlements are “residual” in the sense that they are not necessarily applicable to any AP under the sub-project)

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4 Loss of structure Loss of house, well, pond, fence, latrine, kiosk or shop, etc.

APs who are the recognised owner

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

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

5 Loss of business / incomes or employment

Loss of business / incomes / employment

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

6 Standing crops, trees

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

Owner of crops or trees

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

7 Common resources or infrastructure

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

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

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

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

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

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

10 Special assistance / allowance for vulnerable groups

Special assistance to vulnerable groups

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

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

Disruption allowance

All severely affected households

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

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

Advice and assistance for training and employment

All severely affected farming households

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

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

Transport allowance

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

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

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A number of other means of restoring and improving livelihoods were looked for and discussed with APs, including: • Provision of house/shop sites along the canal on their own remaining land adjoining the

canal embankment; • Livestock purchase; • Purchase of other productive assets; • Advice of the Provincial Government in obtaining training and employment for household

members; including children of working age. Entitlements to compensation, allowances and other assistance are set out in the Entitlements Matrix, Box 5.1 above, which will be available for APs and their representatives to examine, and will be summarised in an Information Booklet (Appendix J.2.2).

7. Participation, Information and Consultation and Grievance Redress

7.1 AP Participation

An important aspect of the participation of APs will be that of their membership of Commune or Village Resettlement Committees consulting with the Provincial Resettlement Sub-Committee and Working Group on the implementation of the IRP, and especially on replacement and compensation for losses of land, houses or other property and livelihoods. They will also be directly involved in the irrigation development, in decisions on means of avoiding unnecessary adverse impact and on land adjustment, and in achieving direct and related benefits from the development, especially through membership of Farmer Water User Committees. Both men and women will have the opportunity of employment in project construction works. Village and Commune Resettlement Sub-Committees will also be responsible for providing assistance to vulnerable households with any relocation of structures and land purchase and land and irrigation system development. The Provincial and District governments will be fully and continuously involved in these consultations through the Provincial Resettlement Sub-Committee, Provincial and District staff and commune leaders will be involved in training programs to ensure their full understanding and management of the resettlement programme.

7.2 Disclosure of Information to APs

Those potentially affected by irrigation works will be informed of the situation in a series of community meetings prior to the marking out of the alignment and the conduct of a final Identification Survey, the DMS and registration of APs at the design stage. They will be further informed of, and consulted as to developments, as final decisions on widths and alignment are taken While the majority of farmers along the alignment are aware of the imminent commencement of the project and know that some of them may be required to give up land, there remains a major need both to inform APs accurately of the physical aspects of the project and to advise them of the IRP and of their rights and entitlements. The information and consultation programme has been commenced prior to the marking of the alignment and the conduct of a Detailed Measurement Survey (DMS) and will be be continued through AP representation at all stages of decision making. This will be particularly important during implementation when APs must be involved in agreement on compensation and any relocation of land or properties. The Provincial Resettlement Sub-Committee and Working Group, assisted by PDWRAM, will

21


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

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

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

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

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

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

• Explain the compensation process and set out compensation rates,

• Provide a detailed explanation of the grievance process,

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

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

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

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

7.3 The Grievance Process

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

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

(b) Function

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The functions of the grievance process will be:

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

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

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

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

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

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

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

• As a first stage, APs will present their complaints and grievances to the Commune Resettlement Sub-Committee and, if he or she wishes, to the NGO External Monitor, which shall be contracted by MOWRAM for that purpose and/or to any NGO working in the Community. The NGO will record the complaint in writing and accompany the AP to the Commune Resettlement Sub-Committee. The Sub-Committee will be obliged to provide immediate written confirmation of receiving the complaint. At the same time, the complaint will be forwarded to the Provincial Resettlement Sub-Committee and the Provincial Grievance Committee. A judgment on the complaint will be made by the Provincial Grievance Committee with the participation of the Commune and the NGO within 21 days of the written acknowledgement being issued. The Provincial Grievance Committee will provide the AP with its decision within 21 days of the the complaint being lodged.

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

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

• The claimant will argue his case in the presence of the head of the village. The resettlement officer and the head of the village will be familiar with the actual situation and thus well placed to arrive at an amicable solution for issues brought to their attention by affected individuals. The resettlement officer and the head of the village are to address the complaint within 15 days of its receipt.

• The AP, in the event that option (i) does not resolve the grievance, contacts the Chairperson of the Provincial Grievance Committee, who is the Deputy Governor, by letter, describes what the grievance is and indicates what the corrective measures might be. The grievance may optionally be supported or commented on by the Commune Head and/or by an NGO. This appeal must be made within 15 days of receiving official notification of the entitlement.

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

• The Provincial Grievance Committee meets with the aggrieved party and tries to resolve the situation. The Committee may ask for a review of the DMS by the external monitor. Within 21 days of the submission of the grievance the Committee must make a written decision and submit copies to Provincial MOWRAM, the monitoring agency, and the AP.

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

• If no decision can be agreed to and the settlement of the grievance is essential to the successful implementation of the Project, MOWRAM may ask for arbitration to be undertaken by an independent agency. In the event that this procedure does not achieve an agreed resolution of the grievance, MOWRAM may take the matter to court, with the plea that an order for eviction be granted, but must advise the ADB of its intention to take this step one month in advance, and must in any case make payment of the full compensation costs and allowances to which the AP is entitled.

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

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

(d) Makeup of the Grievance Committee Each Province will have a Grievance Committee under the Provincial Resettlement Sub-Committee comprising four permanent members and one local member, according to where the aggrieved party is from. The Committee will be chaired by the Provincial Governor or his representative and have as members the Provincial Head of the Department of Water Resources, the Provincial Head of the Department of Finance, Justice Department, a member from the external monitoring agency and a local leader (such as the Commune Head) familiar with the area and the circumstances of the complaint, any local NGO and the External Monitor contracted by MOWRAM. (see below section 11 and Appendix J.2.3).

8. Management and Organisation

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

24


installed to permit the analysis of Detailed Measurement Cadastral and Socio-economic Surveys of households affected by these projects, to permit the preparation of Resettlement Plans and compensation. The ACCESS system is being further upgraded, and training provided to RU staff, to store and utilize sociological, environmental and agricultural survey data from the Project feasibility study and the DMS. A Provincial Steering Committee and Resettlement Sub-Committee will be established for the project. District and Commune Resettlement Sub-Committees will be established in the project areas, and Grievance Committees set up at these various levels to help in resolving grievances or disputes over compensation and relocation of affected people. An external organization, which will be an NGO or independent research agency will be appointed under contract to the Ministry of Economy and Finance on behalf of the Inter-Ministerial Resettlement Committee, to provide independent monitoring and evaluation of these resettlement programs. Specific responsibilities are given to an External Monitor, both to conduct monitoring and evaluation over the six year period of the project based on baseline surveys to be conducted in each subproject (section 11 and Appendix J.2.3), and to provide support to APs, especially in any resolution of grievances related to relocation and compensation and in providing an independent assessment of the measurement and valuation of property in cases of grievance or arbitration. These institutional arrangements are set out in the diagram, Figure 8.1. They are standard arrangements for the management of involuntary resettlement, and are based on the ADB Guidelines for Involuntary Resettlement (which are closely similar to the World Bank Guidelines) and on current consultation on a draft National Policy and Guidelines for Involuntary Resettlement of RGC assisted under ADB RETA 5935. One of the purposes of the North West Irrigation Sector Project is to further strengthen and adapt the institutional structure to provide a more effective basis for involuntary resettlement arising from irrigation and other water resource projects. A particular objective sought by MOWRAM and ADB is that of a strengthened capacity in MOWRAM for resettlement planning, management, monitoring and evaluation in the context of environmentally and socially sound water resource development. A second objective is that of the devolution and strengthening of resettlement management responsibilities, first as between the IRC and MOWRAM, and secondly as between MOWRAM and Provincial DWRAM, or more generally Provincial Government. To handle these matters the Provincial DWRAM is responsible both to MOWRAM and the Governor’s Office, or EXCOM, in setting up a Provincial Resettlement Sub-Committee, and for liaison with Districts, Communes and Villages in project areas to undertake the various operations for which it is responsible. These include:

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

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

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

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

25


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

Consultation and compensation will be carried out by the Provincial Sub-Committee under the supervision of the Inter-Ministerial Resettlement Committee with the support of the MOWRAM and the IRC. As describe above and explained further below, an External Monitor, which will be a non-governmental organization or independent research agency, will be appointed by the IRC or Regulatory Agency, to monitor and evaluate implementation of the IRP (see Section 11 and Appendix J.2.3).

9. Resettlement Budget

The cost of compensation and other entitlements and assistance and of administrative costs, monitoring and evaluation are set out in Table 9.2. Administrative costs have are estimated in the Supplementary Resettlement Administration Budget in Table 9.1, below. Table 9.1: Administrative Costs For RAP Implementation

Item Unit Quantity Unit Rate Total Detailed Measurement Survey Mth 2 3,000 6,000 Community Consultation Mth 2 2,500 5,000 Reporting Mth 6 300 1,800 Administration Mth 6 300 1,600 Grievance Committee L/S 0 0 4,000 External Monitor Mth 20 600 12,000

TOTAL 30,400

Estimated Cost of Resettlement Plan Implementation. Figures used in estimating the compensation costs for the Resettlement Plan are estimates based on provisional figures for land, houses and crops, which will be revised following a repeated DMS at the design stage. The total estimate for the IRP including the Incremental Administrative Costs determined above is US$ 286,343.

Table 9.2 assumes:

(1) that farmers are able to harvest crops, mainly rice and some vegetables, prior to construction works or the increase in reservoir surface area, and that therefore no compensation is paid for lost crops;

(2) that farmers cultivating in the reservoir area (197 households farming on 1338 ha. above the 21.5 m. contour line) will continue to be able to cultivate on this land on a regular basis, now controlled by with project reservoir management, for at least four months of the dry season, and will be assisted to do so by the construction of dry season irrigation in the reservoir area.

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National Steering Committee

Provincial Steering Committee

Subproject O&M including support to FWUCs

Agricultural Support

PDAFF

MAFF

Project Components/ Activities

Project Implementation

Project Planning and Coordination

MOWRAM Resettlement Unit

Ministry of Interior

Office of Governor

Ex Com

Rural Development/ Anti-Poverty initiatives

Resettlement Land

Management Benefit Monitoring

and Evaluation Irrigation

Infrastructure

PD Finance

PD of

MLM/Cadastre

Resettlement Sub-

Committee

PDWRAMProject Implementation

Unit

PDRD

PD. Women’s & Vet. Affairs

MEF

MLMUPC

Interministerial Resettlement Committee

MOWRAM Under Secretary of State

PMO Ministry of Women’s

& Vet Affairs

MRD

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Agricultural land (1) in the cost table is land in the COI of the Link Canal. Agricultural land (2) is land in the reservoir. The price per ha of land in the reservoir used in the cost table, $75 per ha, is half the current market value of rice-land there, $150 per ha., and assumes that compensation will reflect a loss of 50% of the current value of the land. These assumptions and costings will be the subject of detailed study and consultation at the design stage, which will also reflect any benefits to farmers from permanent access to land and dry season irrigation in the reservoir area.

10. Implementation Schedule

Initial Identification of APs, consultation, DMS and socio-economic survey were completed for purposes of the draft Indicative IRP in August/September, 2002. Final DMS, Identification of APs, further consultation and compensation for affected land and structures and payment of allowances will be conducted immediately following detailed design and the setting out of the canal and reservoir area. A final RP based on these studies and on the identification and registration of APs will be concluded three months prior to the commencement of works on the headwork structure and canal. All relocation and compensation will be concluded prior to the commencement of works.

11. Monitoring and Evaluation

The RU in MOWRAM Project Management Office (PMO) is responsible for internal monitoring and evaluation, and has established a database on the ACCESS system in the PMO under the ADB Capacity Building Project, with benchmark data from the cadastral survey and socio-economic survey for that purpose. A single independent non-governmental agency will be appointed to conduct external monitoring of all projects in the North West Irrigation Sector Project throughout its six year duration. The terms of reference provided as part of their contract, which include a baseline Knowledge, Attitude, Response and Experience survey, observational and focus group monitoring, are attached in Appendix J.2.3 The monitor will conduct a follow up evaluation survey eight months after implementation and during years 3 and 5. The external monitor has been instructed to make a specific study of the implementation and effectiveness of compensation and income restoration measures. A feedback mechanism has been required in the RU and the external monitor’s reporting on IRP implementation, especially for purposes of reporting to MOWRAM PMO, the IRC and to the Provincial Resettlement Sub-Committee on the implementation and effectiveness of compensation, relocation and livelihood restoration procedures. The external monitor will pay particular attention to gender mainstreaming and to the situation of vulnerable groups following compensation and other measures for livelihood restoration. Resettlement Monitoring and Evaluation will constitute part of Project Benefit Monitoring and Evaluation, the terms of reference for which are set out in the Appendix to the Institutions Section, under the supervision of MOWRAM PMO.

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Table 9.2 – Estimate Of Compensation Costs

Unit Avg/Unit Unit Rate Quantity TOTAL Remarks AP Households 1 Disruption Allowance No. 1 40.00 451 18,040 Households 2.1 Transportation Allowance

Households – Vulnerable Groups No 1 40.00 197 7,880

2.2 Female-headed H/holds No 1 20.00 45 900 2.3 Disabled-headed H/hold No 1 20.00 45 900 2.4 H/holds <US$ 10.00 income No 1 20.00 100 2,000 2.5 Landless No 18 20.00 30 600 Land 3.1 Residential/Commercial M2 30sq.m. 2.50 197 14,775 3.2 Agricultural(1) Ha. - 500.00 25.50 12,750,25

0

Agricultural(2) Ha. - 75.00 1,338 100,350 3.3 Farmland tenancy Ha. 1 50 20 1,000 3.4 Ponds M2 - - - - Structures: houses 4.1 Type 1 M2 20m2 4.50 157 14,130 4.2 Type 2 M2 35m2 12.00 40 16,800 4.3 Type 3 M2 56m2 85.00 - 4.4 Type 4 M2 90m2 140.00 - - Annual Crops 5.1 Rice Ha. 1 - - 5.2 Vegetables Ha. 1 - - 5.4 Sugar Cane M2 1 - - - Perennial Crops / Trees 6.1 Mango No 100/ha 30.00 1.00ha. 3,000 6.2 Coconut No 100/ha 15.00 - 6.3 Sugar Palm No 100/ha 8.00 - 6.4 Tamarind No 100/ha 10.00 - 6.5 Bamboo Sta

nd 100/ha 15.00 -

6.6 Banana No. 100/ha 5.00 10.00ha. 5,000 Other Assets 7.1 Wells No 1 50.00 – 75.00 - - 7.2 Fences M 1 0.75 400 300 7.3 Graves No 1 55.00 – 120.00 - - Community Assets 8.1 Meeting Areas No 8.2 Utilities No 8.3 Clinic, Schools, etc No 8.4 Temples No 40 Sq.m 85.00 1 34,000 Sub-Total 232.675 10% Contingencies 23,268 Administration Costs 30,400 Total IRP Costs 286,343

northwest irrigation sector project link ......supplementary appendix h.1 northwest irrigation...

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