Nepal - Road Maintenance and Development Project - environmental assessment (Vol. 6 of 6)

HIS MAJESTY'S GOVERNMENT OF NEPAL MINISTRY OF WORKS AND TRANSPORT DEPARTMENT OF ROADS ROAD MAINTENANCE AND DEVELOPMENT PROJECT NEW ROAD DEVELOPMENT AND UPGRADING COMPONENT FINAL REPORT E-257 VOL. 6 ENTITLEMENT FRAMEWORK :-- -~~~~~~~~~~~~~~~~~~~~~~M SMEC International Pty. Ltd., Cooma, NSW, Australia ECC, l inassociation witfi VWI -4 CEMAT Consultants (Pvt.) Ltd., Nepal June 1999  Nepal: Road Maintenance and Development Project Final Report: Volume 7 Entitlement Framework CONTENTS I INTRODUCTION ..................................................................I .1 PROJ ECI DESCRIPTION.. . .... .... ......... I 1.2 INIPACTS AND LOSSES ..... .. .................. I I .3 AlMS OF T'HE ENTITLENIENT FRAMNEwORK ., . . .. . 1.4 SCOPE OF THE EN'TITLEMIENT FRAM WiL\WORk ................................... 1.-I1 Corridor of i/7paci ....................................3...... ..................................................................3 1. 4. 2 Roud Lengths Covered by the Entitlemenr Framework ............................................................. 2 OPERATIONAL FRAMEWORK ArND IMPLEMENTATION STRATEGY . 3 DEFINITIONS .,..... ...... 6 .. 6 4 LEGAL AND POLICY FRAMEWORK ..8 4.1 DONMESTIC LEI-SLAATION .................................................................S 4.2 POLICY GUIDELINES ................. .................9 5 ASSET RECORDING AND VALUATION ..II 6 UNIT OF ENTITLEMENT. .................... . 12 6.1 INDIVIDUALS .............1. ....2.......................................................... ........ 12 6.2 GROUPS .......1........................2....... ....... IM 7 ENTITLEMENTS .......................................................................13......... 13 7.1 HOUSES .\ND OTHER STRUCTURES ..3... , , , , . .............,,.,,,,..... 1, 7.2 LAND .... ... ..........................,,.,......I; 7.3 CROPS AND OTFIER NATURAL R ESOURCES ..................1......... ..I5 7 .4 DISPLACEMENT ALLOWANCE .. ......,. .. 1 6 I . REHABILITATION MEASURES .. ...., , , ,,,,,I.,,,,,,,,,,,,,,,,,, ........... .,, .. 7.6 NOTIFICATION OF ACQuISrloIN AND PAYNMENT OF COMPENSATION ........................................... . I S 8 GOVERNMENT PROPERTY ............................1 ........, ...,_., 19 9 DETAILED ENTITLEMENT MATRIX .20  _ Nepal: Road Maintenance and DevtioprnLnt Projecl Final Report: Volime 7 Entitlement Frames ork 1 INTRODUCTION 3 1.1 PROJECT DESCRIPTION As part of its ongoing Road Maintenance and Rehabilitation Project. His iMajestj's Government of Nepal (HNIG,/N) has recently prepared a ten vear Prioritv Investment Plan (PIP) for the road sector. The PIP includes both the strategic road network (national hiizhwvav and feeder roads) and rural transport components. Based on the PIP findings. HMIG/N (Mlinistry of Works and Transport. Department of Roads). is preparino a Road Maintenance and Development Project (RMDP) wvith assistance from the World Bank. The RMDP is concerned with the strategic road network and comprises D - -- * periodic maintenance of the core network: and l* construction and improvement of road access to non-road-served hill/mountain districts. using low-cost, labour-based methods. The current studv is concerned with the second of these components. The PIP prioritised 10 new roads that would provide connections to districts in the Eastern. Mid-Westerrn and Far-Western Regions. Five of these were selected for consideration in the RvIDP. with a furtlher three non-PIP roads added. The eight candidate roads. consistingz of 12 upgrading and construction sections. totalled approximately 637 km. These were screened down as part of the initial RMDP activities to five sections of new roads (totalling approximatelv 204 km) and four sections of existina earth roads for upgrading to gravel fair weather standards (totalling approximately v7S k;m). One of the upgradin- roads (Sitalpati-Tharmare. DoR Classification No. F15) vas subsequently eliminated following economic re-evaluation. 1.2 IMPACTS AND LOSSES Road construction (and to a lesser degree. road upgradingT) will have a range of positive and neuative socio-economic impacts. Positive impacts will be expericnced at both macro and micro levels. for example. improved access to markets and other social services for people resident within a road's region of influencc. and the potential for diversification of local economic activities.  Nepal: Road Maintenance and Development Project Final Report: Volume 7 Entitlement Framework Necative social impacts are primarily related to the loss of assets within a road's corridor of impact. disturbances to subsistence and livelihood. as well as less-quantifiable effects on vulnerable social categories and groups. These are summarised below. Table 1: Losses and Potential Social Effects Associated wvith the RMDP Private propertm Land Cultivation land. residential plot l Other natural resources Perennial and non-perennial trees and crops Buildinszs and structures Houses. sheds, stores,shops. *vater mills. wells * Z Community property Land and other natural resources Grazing land. Gutihi land. communitv forests Buildin_s and structures Schools. relitzious,'archaeolo6ical sites. VDC buildin_s. irri2ation canals. water supply points. footbridges Govemment property Land Land used by other Govemment Departments Other natural resources f Govemment forests Buildin2s and structures | Govemment buildini-s. bridges Potential social effects * Chan-es to subsistence levcls and income-generating capaciry Decline in household nutritional standards * Increase in poverty amonal households whollv.'partiallv dependent on their fields * Changes to local movement patterns and improved access to markets and ,,,,,,,,, - _ facilities * Communitv strife (changes to land use patnems. pressure on remaining resources. 3 socially destabilising effects) 1.3 AIMS OF THE ENTITLEEIENT FRAMEWORK This Entitlement Framework principallv addresses the following adverse impacts associated with road construction and upgrading activities: -- loss of land and other privateiv-owned assets: * adverse impacts on subsistence/livelihood or income-earning capacity: and * collective adverse impacts on groups (e.g. through the loss of communal resources and assets). particularly on vulnerable social categories. X The overall aims of the Entitlement Framewor'. consistent with HMG.IN legislation and World Bank guidelines. are as follows: (a) The acquisition of private assets and the displacement of people wvill be avoided or minimised to the extent possible. through the incorporation of social considerations into alilnment selection and road design. Where asset acquisition and population displacement are unavoidable. the pre-project livinm standards of affected persons will be restored (and where possible improved) at no cost to themselves.  Nepal: Road Maintenance and Development Project Final Report: Volume 7 Entitlement Framework (b) Oncoin- communitv consultation will occur to ensure that people's views. concerns and suggestions. particularly those of vulnerable groups. are satisfactorily incorporated into implementation procedures. (c) An institutional framework will be developed as an integral part of the project to ensure that appropriate social impact management mechanisms are set up and maintained during implementation. These mechanisms and arrangements will ensure 3 that compensation. resettlement and rehabilitation are carried out timely and effectively. (d) Construction work will commence on road sections only after acquisition procedures as detailed in the Entitlement Framework have been successfully initiated. 1.4 SCOPE OF THE EN'TITLEMENT FRA.M-IEWORK Most highways and feeder roads in Nepal have legal a legzal Right of Way (ROW) of 50 m or 30 m. On the majority of existing roads. however. land acquisition -was based on land donations (i.e. affected owners did not receive compensation for land losses) and HMG/N did not legally acquired any land outside the actual road surface and associated road structures. DoR has therefore only established a much narrower ROW. namelv the actual areas acquired for road construction. The same procedures are being used for the U - -construction of newv roads. incIudinz the initial stretches of RMDP roads currently under construction. Two entitlement issues stem from these acquisition procedures and practices. namely (a) the actual area of land that vwill be acquired by the project (the corridor of negative impact or COI) and (b) the lengths of new road (i.e. start and end points) to be covered under the Entitlement Framework. X I 1.4.1 Corridor of Impact Given the premium on agricultural land, the cost implications of resettling evervone within the ROW as defined in design standards. and the difficulties that will be encountered in keepino the ROW clear of future encroachment. the actual corridor that DoR will acquire for new and upgrading roads are defined as follows: (a) For nel. roads the COI (or initial ROW) is set at 15 m. except where construction 3 requirements and topography necessitate the acquisition of a wvider area. Asset acquisition will be limited to the COI and other assets outside thc COI wvill be left undisturbed. (b) For exristing roads the COI is defined as the road formation plus a safety zone where necessary. Asset acquisition will only take place where required for upgrading X pLIrposes (e.g. road wvidenintg and realigTnment) or safety reasons. Other assets outside the COI will be left undisturbed. ..1  Nepal: Road Maintenance and Development Project _ Final Report: Volume 7 Entitlement Frameework Compensation under this Entitlement Framework is therefore applicable onlv to persons - 1f vwho are directlv affected throuzh the ioss of privately-owned or community propert> within the COI as defined above. Howvever. other rehabilitation and mitigation measures wil1 be extended to include persons outside the COI who may be affected in less direct ways. 1.4.2 Road Lengths Covered by the Entitlement Framewvork The Entitlement Policv will cover all road sections approved for Bank fundinit under the * project and will come into force on construction contracts awarded from the date of funding approval. Most of the new road sections are currentlv under construction. and have resulted in chanues to the road lengths for up-radini and construction since commencement of the study. The actual road lengths to be covered by the Entitlement Policv are shown in Table 1. Procedures have been established for the transfer of titles of land acquired for tle initial construction of the upgrading road sections. In addition. owners who are affected by current construction activity within the start and end points as defined in Table 2. wvill be considered as project-affected persons and eligible to entitlements and support as detailed in the Entitlement Policv. Table 2: Road Lengths for Entitlement Purposes Road Road Start End Length 0, | No. Settlement DoR Settiement DoR (km) Chainage Chainage Upgrading Roads H1 | Surkhiet- Kalikot Ban_esimal 0+000 Sirane 132+00 132.00 0 F47 Dharapanii- Chedegad Bhurke 24+500 Dhaira 86+000 61.50 Fll Gorusin-2c-Sandhikharka- Birpur 9+000 i Sandhikharka 68-200 59.20 New Roads W.H14 Chameliva-Darchula Thaktholi 93