China - Second Fujian Provincial Highways Project : resettlement action plan (Vol. 5 of 6) : Tongjiang-Sanya National Highway Trunk Line

RP-12 VOL.5 \\W 8-Finnnef-d Plroj t ZHANGZHOII-ZHAO 'AN EXPRESSWAY Fujian Proxincial Highway Project II Tongjianiz-Sanya National Highway Trunk Line People's Republic of China X, ~ ~~ Z *&4- f6- st1os Resettlement Action Plan Fu jian Provincial Transport Department April 1999   Preface As one section of the national highway arterv between Tonvinanc in Hleilongjiang Province and Sanva in Hainan Province approved bv the State Council,Zhangzhou-Zhao'an Expressway,located in Fujian Province,is not onlv one of the key highway construction projects planned by the 'inistry of Communications of China but one of the key highway construction projects of Fulian Provice in the Ninth-Five years.It is planned to be open to traffic in 2002. Passing through 4 counties of Zhangzhou City, the Zhangzhou- Zhao'an Expressway is located in the economy, technology,industrv, resources and intelligence reletively highly concentrated and urbanized area of Fujian Province. Its completion will no doubt plav a zreat role in promoting the socio-economic development. accelerating the circulation of goods and materials and expanding thu exchanges between different areas in Fulian Province and even the whole countrv. 7ihis Resettlement Action PlankRAP)is prepared according to the Land Administration Law of the People's Republic of China, local laws and regulations of Fujian Province and China Highway Project Resettlement Model Plankdraft) of the World Bank(tB).This RAP is a carefully prepared detailed plan, which aims to appropriately resettle those affected by the project and have them benefit from the project, improving or at least maintaining their living standards as before the project construction. During the data collection and preparation of the RAP. we get much hielp from Fuiian Provincial Traffic Planning and Design Institute and the traffic bureaus, land administration bureaus and resettlement offices along the expresswav.Please let us to express our Sincere thanks to them.  O0bjectives of the RAP and the flefinition of Resettlement Terminolog . This Resettlement Action Plan (RAP) is prepared a;cordin tlo the Laws and Regulations of PRC. and the Province as weEl as the Guidelines of the World Bank (Operational Directive for lnvoluntary Resettlement OD 4.30). The purpose of this document is to set out an Action plan for the Resettlement and Rehabilitation of the Project Affected Persons (PAPs) to ensure that thex will benefit from the project and their standards of living will improve or at least be Testored after the project impact. Acquisition of land and other assets for the project will adversely affect the livelihood of persons who live. worlk or eam their living on the land that will be acquired for the project. PAPs are defined as those persons vhose income or livelihoods will be adversehl affected by land acquisition for the project. P'APs include the following categories: a) persons who have a title. right, interest in structures (houses. enterprises, shelters, or public buildin2s). land (includinc residential. aric.ulturaL and grazin2 land) or any other asset acquired or possesscd. in full or in parL permanently or temporarily b) persons who use the structures, land or assets described above: or persons whose business. occupatiorL work- place of residence or habitat adverse}v affected: or C) persons whose standard of bihing is adverselx affected as a consequence of land acquisition. A definition of PAPs is eiven below: Definition of the PAPs: 'Affected Pcrsons" means persons who on account of the execution of the project had or would have their: a) standard -of living adversely affected: or b) right, title or interest in any house, land (including premises. agricultural and grazing land) or any other fixed or movable asset acquired or possessed. temporarily or permanently; or c) business. occupation. worlk or place of residence or habitat adversely -affected. and -affected PersonL" means midividualy all those who qualify as "Affected persons. PAPs may be individuals or legal persons such as a company, a public institution. Definition of PAPs is not limited to their legal registration or permission to live or conduct business in the affected location, or their title to property Thus, it includes: a) all those affected by the project regardless of their legal rights or absence thereof to the assets being taken; and b) perons without Tesidential permit to live in a certain area. Therefore. all such persons who are affected will need to considered and recorded as PAPs. Tezardless of their legal connection to assets land or location.  If there are more than one person. family or household using or holding a title to the same land or propem that is acquired. they will be compensated and rehabilitated according to the loss the- suffer, their nrghts, and the impact on their lixing standards. The definition of PAPs is linked directhv to the adverse effect of the project, regardless of legal rights title or interest. ,fl PAPs are entitled to the improvement or at least restoration of their standards of livingQ and compensation for the material losses they suffer. Compensation for assets will cover replacement cost. No deductions or discounts will be applied to the compensation amount for depreciation or other reasons. All P.APs deriving an economic benefit from the affected land and property are entitled to receive rehabilitation benefits in addition to the compensation for their assets lost. Those PAPs withoul title, authorization or legal permission to reside. conduct business. cultivate land or construct structures are eligible for rehabilitation of their livelihoods and compensation for their assets on an equal footmig with those with formal legal title, authorization or permissions to the assets. The term RESETTLEMENIENT includes: a) the relocation of living quarters: b) finding acceptable new employment for those whose jobs are affected& c) restoration (or compensation) of affected productive resources such as land. work- places. trees and infrastructure: d) restoration of other adverse effect on PAPs' irvinQ standards (quality of life) through land acquisition (such as the adverse effects of pollution): e) restoration of or compensation for affected private and public enterprises: and f restoration of adversely affected on cultural or common propertM. Rehabilitation means: the restoration of the P.APs' resour.e capacity to continue witlh productive activities or lifestyles at a level higher or at least equal to that before the project. The objective of this RAP is to provide a plan for the resettlement and rehabiltation of the PAPs so that their losses will, be compensated and their standards of living will be improved or at least restored to the pre-project ievels. To achieve these objectives -the plan provides for rehabilitation measures so that the income earning potential of individuals are restored to sustain their livelihoods. Affected productive resources of businesses (enterprises including shops) and public properrm. Infrastructure and cultural properm will also be improved or at least restored to their pre-project levels.  TERMIS OF REFERENCE FOR MONITORLNG RESETTLENfENT ACTIVITIES L-N THE SECONTD FLTJL4N PROVLNCLAI HIGHWAYS PROJECT Introductzino 1. The Second Fujian Provincial Highwavs Project will displace or adversely affe.ct standards of living of people living and conducting economic activities on the nrihh of way. To ensure that the project affected persons (PAPs) maintain or improve on their current standard of ving Fujian ProNincial Expressway Construction Directorate Office (FPECDO) has prepared a Resettlement Action Plan (RAP). The RAP sets the standards on the basis of which PAPs will be rehabilitated by closing the gap between the implemented resettlement policv and the one developed in the RAP to close the difference. The RAP vwill be implemented by the Resettlement Offices of the affected cities and counties under the direction of the Project Resettlement Office (PRO) of the of FPECDO. The effectiveness and inpact of the RAP will be monitored internally by the PRO. FPECDO has also contracted the services of the Fujian Proxince Academy of Social Sciences (FPASS) as the Independent Monitoring Organization (fMl) to monitor and assist the responsible resettlement organizations in achieving the objectives of the RAP as well as to ensure that the PAPs take an active pan in the process of their own rehabilitation. . This terms of Reference outlines the resettlement mornitoring work to be undertaken by the PRO and the I10 which have already been agreed and reflected in the RAP. Scope of Work Internal Monitoring 3. Intemal Mlonitoring of the complete resettlement organization will be undertaken by the PRO to ensure that all the responsible units follow the schedule and comply with the principles of the RAP. The purpose of this monitoring mechanism is to maintain the satisfactory functioning of the resettiement organization during the implementation. 4. PRO will develop an internal monitoring framework to supervise resettlement activities, employing the database of PAPs and their assets as the basis of the framework. PRO will maintain the data base and monitor the progress in resettlement preparation and implementation through a 100 %