China - Urumqi Urban Transport Improvement Project : resettlement action plan

RP-39 The World Bank Loan Urumqi Urban Transport Improvement Project Resettlemen- t.A-Mtion Pla, (the- six-th draift) To ruqi Lrban Tr,'s~r t,%royeniit ,et i.mnu~ry . f~~ 9 Ex Joflua~~~~~~~~~~~~~~   Content Chapter 1 Introduction Chapter 2 Objective of the Resettlement Chapter 3 Affected Dimension of the Resettlement Chapter 4 Legal Framework and Resettlement Compensation Policies Chapter 5 Costs and Budget of Various Affected Types Chapter 6 The Resettlement and Rehabilitation Project of various Affected Types Chapter 7 Institutional Arrangements Chapter 8 Consultations and Participation and Redress of Grievance Chapter 9 Internal and External Monitoring and Evaluation Annex Minority Issues in Resettlement for Urumqi Urban Transport Improvement Project Map Site Location of the Urumqi Outer Ring Road 1  s  RAP for the Urumqi Urban Transport Improvement Project Chapter I Chapter 1 Introduction 1.1 Brief Description of the Project Urumqi is the capital of the Xinjiang Uygur Autonomous Region. For a long time, because of the terrain limitation, the Urumqi urban transport is blocked from north to south and crowded from west to east; a large quantity of. long distance and quick transport is not available, and the across-boundary transport is difficult; the density of the traffic is uneven in which the south- west and the south-east part is comparatively denser and the north-east part is comparatively thinner so that it is hard to drive to the north-east district and quite a long way to make a detour; the trunk road network is low in technique and poor in transport capacity. The existing transport infrastructures can't accommodate the need for urban development. so improving the Urumqi urban transport constitute a task which brooks no delay. The proposed Urumqi Urban Transport Improvement Project will make the traffic smooth by extending the road network and improving the traffic management so as to increase road network transport ability. The Urumqi Urban Transport Improvement Project consists of five components: * Road Network Development * Traffic Management and Road Safety * Public Transport * Environment Protection and Improvement * Urban Transport System Management Among these components, only the Road Network Development Component will involve certain amount of land acquisition and resettlement. The Road Network Development Component is designed specially to link old CBD to 1  RAP for the Urumqi Urban Transport Improvement Project Chapter 1 new development areas of the city, to protect the CBD from extraneous traffic, and to distribute regional traffic to the urban trunk road network. The Project will include the construction of a 30.66-km high-capacity urban ring road based of existing road structures, and improvements of a number of connecting roads in the central city of Urumqi. According to the new alternative (design option 4). The western ring (Western Transition Road), the southern ring (Xishan Road. Baoshan Road, Qiantangjiang Road), and the eastern ring (Tuanjie Road, Jinyin Street, Donghuan Road, Wuxing Road, Qidaowan Road) of the outer ring road will. be designed to use the standards of the urban expressway, and the design vehicle speed is 80 km/h. And the northern ring (the planned Xinvi Road, Nanhu Road, Suzhou Road, Altav Road) of the outer ring road will be designed to used the standards of the urban principal trunk. and the design vehicle speed is 60 km/h. The total length of the whole route will be about 30.66 km. in which about 8.55km for the overhead roads, about 0.373km for tunnel, about 10.169km for the surface expressway, about 10.568km for the urban principal trunk. The length of the built Qiantangjiang Road interchange and Suzhou Road interchange is about 1.0km. The techno-economic feasibility study for the Project was jointly prepared by the Shanghai Municipal Engineering Design Institute and the Xinjiang Highway Prospecting Design Institute, and the report was submitted in April 1999. Since the Project involves the expansion of the existing right of way, certain amount of land acquisition and resettlement will be required. Following the World Bank requirements, a feasible Resettlement Action Plan (RAP) will be 2  RAP for the Urumqi Urban Transport Improvement Project Chapter 1 needed for the Project before the World Bank decides whether or not to finance the Project.. The RAP of the Project is strictly prepared in accordance with both the requirement for the Involuntary Resettlement from the World Bank and the related requirements of all the Aide-memoire for the Project from the World Bank. 1.2 Methods taken in the RAP preparation 1. Collect all related documents of the Project include: 1) The World Bank Memorandums of the Project. 2) The documents of relevant administrative departments of the State and local Governments. 3) The Feasibilitv Study Report for the Project. 2. Collect local relevant laws and regulations on resettlement and land acquisition, 3. During the 'investigating the affected people and assets. a door-to-door 100% field survey on the affected households, villager groups and units has been conducted. The results of the survey have been put in the database. 4. Several options for resettlement and compensation have been worked out in accordance with data collected in the field survey on the affected households, villager groups and units. 5. Different approaches for alleviating the physical or economic losses have been explored with the affected people in order to minimize the negative impacts on PAPs. 6. Extensive consultation with PAPs and affected units has been conducted 3  RAP for the Urumqi Urban Transport Improvement Project Chapter 1 through various forms of coordination meetings or visits in order to optimize the plan for resettlement and rehabilitation. 7. Based on these discussion, the resettlement policy and compensation standards for the project were determined after the Project Resettlement Leading Group (PRLG) had convened conferences to discuss the details of the plan, which was the basis for finalizing the cost estimate for the land acquisition and resettlement for the Project. 8. In accordance with the policies and guidelines of the Chinese Government and applicable World Bank Group policies, specifically OD 4.30 (on involuntary resettlement), the RAP was compiled. .4  RAP for the Urumqi Urban Transport Improvement Project Chapter 2 Chapter 2 Objective of the Resettlement 2.1 Avoidance and Minimization of Involuntary Resettlement The World Bank's policy requires that all viable alternative project designs has been explored to avoid the need for involuntary resettlement. Following the policy, the Project owner and the departments concerned have used all kind of methods in minimizing the land acquisition and resettlement and reducing the negative impacts on the cultivated land, housing and units. The measures are as follows: .1. Throughout the period of the project planning and project design, a great deal of efforts have been made by the Project authority and the design teams in order to minimize land requisition and building demolition. Such efforts even continue into the stage of detail project design and resettlement preparation. 2. During the project implementation, further efforts, such as adjustment of alignment, technological innovation and strengthening the management of construction, can be made to further reduce the negative impacts on the affected area. 3. For those impacts (land requisition and building demolition) cannot be avoided, following the RAP, a series of measures will be taken to ensure full rehabilitation or reconstruction for the affected residents, units, and infrastructure facilities. Take a four-story brick concrete building in the Altay Road Section of the Project for example. The building belongs to Huateng Company. According to the old design drawings, the side-line of the requisition land will occupy the 5  RAP for the Urumqi Urban Transport Improvement Project Chapter 2 whole land area of this building. Even more, next to the building there are quite a few two or three story buildings which are also affected. However, for the principle of minimizing land acquisition and relocation, the design unit has made some adjustment on the alignment. On the other side of road. there are still some open ground. So the routine of this section has been moved to the opposite side about 10 meters so that the four-story brick concrete building and other neighboring buildings can be prevented from demolishment. 2.2 The Objective of the Resettlement Program The main objective of the resettlement program is to ensure that the production levels. income-earning capacity and the living standards. of the Project-affected persons (PAPs) are improved. or at least restored to the levels thev would have had without the Project. Therefore. a series of measures will be taken to safeguard the entitlements of the affected people: 1. Ensure that all PAPs, including those on urban state-owned land, receive compensation at replacement cost for lost assets due to the Project, and are well resettled and rehabilitated so that they can share the benefits of the Project: 2. Special care will be taken for the vulnerable groups (including the poor households, the households having the disabled members, the households headed by the women and the households where the aged live alone), such as assistance in building and moving into their new houses; 3. Provide full compensation at replacement cost for the land acquisition to 6  RAP for the Urumqi Urban Transport Improvement Project Chapter 2 the collective. The compensation will be used to increase the productive capacity of the collective: 4. Help those whose houses are relocated select their new sites and build their new houses. and make them harmonize with the new environment as soon as possible; 5. Compensate the affected units and enterprises for their loss at replacement cost: Provide those which need to be relocated with suitable alternative locations to continue their business: 6. Affected infrastructures or community service institutions will be restored or replaced: 7. The implementation of the land acquisition and resettlement will be monitored and evaluated (M&E) by the independent monitoring institute. The representatives of the PAPs will participate in the resettlement and the PAPs have avenues for redressing their grievances. 8. Persons identified as affected by the project are not to be denied compensation or alternative forms of assistance because thev legal title or permits. 7  I  RAP for the Urumqi Urban Transport Improvement Project Chapter 3 Chapter 3 Affected Dimension of the Resettlement Section One Brief Account 3.1 Brief account of the census of the affected people and assets In order to have a correct and full picture of the resettlement impacts caused by the project, before compiling the RAP, the Project Resettlement Office made arrangements for conducting a comprehensive census on the affected people and lost assets. The preparation for the census was done meticulously: which includes working out the explicit investigating plans; designing all the survey tables; training the investigators; making the contacts in advance with the governments and the relevant agencies in the affected areas; conducting the trial survey on site to verify the survev tables and demonstrating the investigators how to do it. The whole investigating team is composed of the relevant personnel from the Project Resettlement Office, the District/County Resettlement Office, the municipal construction, land administration and planning departments of the local government, the township/subdistrict government and the villager administrative committees. The following is a summary based on the detailed survey results. In the Road Network Development Component, except the outer ring road, another 2 connected roads will be involved, which are the Hleilongjiang Road(O.6 km) and the Tuanjie Road (2 km). Following the investigation, both the two roads belong to road reconstruction and will not involve land acquisition and demolition. Therefore, the Resettlement Action Plan for the 8  RAP for the Urumqi Urban Transport Improvement Project Chapter 3 Urumqi Urban Transport Improvement Project only includes the content of the outer ring road. The revised RAP is up to date following changes in project design. particularly including for relocation the 12 households between the area of tunnel emergence and the existing railway line, who are directly affected by the Project according to the new design. The revised RAP also counts in the costs associated with all the changes. 3.2 The Required Land for the Project The required total land area for the proposed road is 2523 mu, including the existing highwav right-of-way of 2013 mu. and required new land use of 510 mu. Of the total required new land for construction purpose, 197.5 mu of land area belongs to the rural range, and 312.5 mu belongs to the urban range. Since all urban land in China is owned bv the state, the Project, as a state urban construction project, could be allocated with urban land use right without paving land compensation. However, for those affected households and work units on the acquired urban land. they will be provided with building compensation, replacement structures or alternative site for reconstruction. In fact, full replacement value compensation will be paid to all demolished buildings and other attached properties, regardless they are located in the newly acquired land, or within the existing right of way. Because the urban land is the state-owned land, the Project can use it unconditionally through the method of transfer as urban construction. Therefore, there will not be detailed discussion on the urban state-owned land in the RAP. For the information about the Project required land, please refer to the following table. 9  RAP for the Urumqi Urban Transport Improvement Project Chapter 3 Table 3.1 Required Land for the Project No. item unit amount A B C 1 required total land area Mu 2523 2 the existing right of wa! Mu 2013 3 new land use Mu 510 4 of which, the rural collective land Mu 197.5 acquisition 5 of which, the urban state-owned Mu 312.5 land use 3.3 Scope of Resettlement Impact The Project will requisite 197.5 mu rural collectively owned land including 100.77 mu cultivated land. Along with land requisition, a total of 144609.9 square meters of building structures will be demolished, causing relocation of 871 households or 3580 individuals, and affecting 835 units with 5495 employees. A detailed breakdown of land requisition and resettlement impact for the Project is as follows: Table 3.2 The impact dimension of the Project No. item unit amount A B | C I cultivated land acquisition mu 100.77 2 non-cultivated land acquisition mu 96.73 3 total land acquisition mu 197.50 4 total affected buildings sq.m 144609.9 5 total affected households 11 871 6 total affected residents person 3580 7 total affected units and enterprises unit 835 8 total staff of the affected units and enterprises person 5495 9 affected districts and counties unit 5 10  RAP for the Urumqi Urban Transport Improvement Project Chapter 3 According to the different administrative district division and the application time of the World Bank Loan, the Project can be divided into 5 parts, including Tianshan District, Shuimogou District, Xinshi District, Savban District and Urumqi County. According to the different implementation time of the Project, the Project can be divided into 4 parts including the first year (2000), the second year (2001), the third year (2002) and the fourth year (2003). The following table lists the budget of land acquisition and resettlement cost according to every district and every year, through it the relationship between the division according to administrative district and the division according to vear can be found out. Table 3.3 The relationship between the district division and the vear division from the cost budget (Unit: yuan) No. vear 2000 2001 2002 2003 total. district A B C D E I Tianshan District 95,630,838 95,630,838 2 1000/ 100% 3 Shuitnogou District 45,574,482 45,574,482 4 %O 100% 100% 5 Xinshi District 7,781,317 14,589,186 | 8,100,762 30,471,265 6 % 26% 48% 27% 100% 7 Sayban District 61,970,791 24,874,478 18,304,117 105,149,387 8 %/o 59% 24% 17% 100% 9 Urumqi County 18,048,080 4,074,738 8,051,450 30,174,269 10 % 60% 14% 27% 100% 11 total 87,800,189 39,463,664 118,009,693 61,726,695 307,000,241 12 % 29% 13% 38% 20% 100% 11  RAP for the lUrumqi Urban Transport Improvement Project Chapter 3 Section Two Project Impact According To The Administrative District Division 3.4 The rural collective land acquisition The cultivated land acquisition of the Project includes vegetable land, irrigated land, orchard, and nursery, and the non-cultivated land acquisition includes housing plot, unit-used land and wasteland. For the detailed information of the land acquisition, please refer to the following table. Table 3.4 The rural collective land acquisition No. village unit Nanhu Liudao Jiujiawan Xibajiahu Ningxiawan total wan _____ _ item A B C D E F I vegetable land mu 5.2 17.0 22.2 2 irrigated land mu 8.9 50.8 0.0 59.7 3 orchard mu 8.31 8.1 16.4 4 nursery mu 2.4 0.0 2.4 5 housing plot mu 8.7 2.1 10.8 6 unit-used land mu 0.6 6.5 0.1 0.3 7.5 7 wasteland mu 26.3 6.8 37.0 8.4 78.5 8 total mu 35.2 74.1 77.3 0.1 A10.8 197. Because the cultivated land belongs to the collective, although the persons affected directly by the land acquisition are the farmers whose contracted land are requisitioned, the actually affected farmers are the agricultural population of the whole villager group the cultivated land of which will be redistributed. For the impact of land acquisition on the affected villager groups, please refer the following table. 12  RAP for the Urumqi Urban Transport Improvement Project Chapter 3 Table 3.5 The impact of land acquisition to the rural collective No. villager group unit Nanhu Liudaowa LiudaoA a Jiujiawan Jiujiawan total No. 4 n No.2 n No. 5 No. 6 No. 2 Villager Villager Villager Villager Villager Group Group Group Group Group item A B C D E F I existing cultivated land Mu 160 190 460 450 260 1520 2 existing agricultural person 430 388 150 385 303 1656 population 3 existing rate of cultivated Mu! 0.37 0.49 3.07 1.17 0.86 0.92 land and agricultural person population 4 per capita annual gross Yuan! 5900 6150 6200 4400 4250 income of the agricultural person households : vegetable land acquisition Mu 5.2 6.0 11.0 22.2 6 irrigated land acquisition Mu 8.9 27.4 23.4 [ 59.7 7 orchard acquisition Mu 8.1 0.2 8.1 16.4 8 nursery acquisition Mu 0.3 2.1 2.4 9 cultivated land acquisition Mu 8.9 35.8 30.9 14.1 11.0 100.7 1(1 the proportion of cultivated 0/0 5.56% 18.84% 6.72% 3.13% 4.23% 6.63% land acquisition in the total cultivated land 11 affected agricultural HH 8 22 8 7 8 53 house'holds I l 12 affected agricultural Person 46 78 28 32 34 218 I__ population .. 13 annual agricultural RMB 10,68(1 47,910 39,390 23,580 16,500 138.06( product value loss by the land acquisition _ 14 annual agricultural RM1B/pe 25 123 263 61 54 83 product value loss per rson agricultural person by the land redistribution l l_ l_l_l 15 rate of cultivated land and 0/ 0.35 0.40 2.86 1.13 0.82 0.86 agricultural population after I l land acquisition lI I _l_l 3.5 The affected residences The Project will cause the demolition of 59355.5 square meters of residences, which will affect 871 households or 3580 individuals. According to the difference of the ownership character and the application character of the residence, the detailed information of the residences can be divided into the following categories. 13  RAP for the Urumqi Urban Transport Improvement Project Chapter 3 3.5.1 The affected urban private residences The Project will cause the demolition of 37.906 sq.m of the urban private residences and affect 497 households or 2183 individuals. The following table provides the detailed data of the affected urban private residences of the Project. Table 3.6 The demolished urban private residences of the Project No. area Tianshan Shuimogou Xinshi Sayban Urumqi total District District District District County item A B C D E F 1 urban private brick 12638.6 1311.5 298.0 4527.9 18776.0 concrete houses _ 2 urban private brick 754.6 1602.8 200.0 6406.3 8963.7 timber houses 3 urban private timber tile 3080.1 465.5 4339.9 7885.5 houses 4 urban private simple 177.7 805.0 1298.1 2280.8 structures 5 urban private enclosing 80.6 33.0 18.0 131.6 wall 6 total demolished floor 16651.0 4184.8 498.0 16572.2 37906.0 space of the urban private residences 7 total households in the 283 20 4 190 497 urban private houses 8 total residents in the 1120 85 23 955 2183 urban private houses I_I 3.5.2 The affected urban public houses The Project will cause the demolition of 11772.9 sq.m of the urban public residences and affect 278 households or 1059 individuals. These public houses are mostly owned by the large-scale units and enterprises. The following table provides the detailed data of the affected urban public residences of the Project. 14  RAP for the Urumqi Urban Transport Improvement Project Chapter 3 Table 3.7 The demolished urban public houses of the Project No. area Tianshan Shuimogou Xinshi Sayban Urumqi total District District District District Count% item A B C D E F 1 urban public bricl; concrete 1377.1 2040.4 1411.8 1627.8 172.0 6629.1 houses _ 2 urban public brick timber 279.7 129.0 993.1 189.0 1590.8 houses 3 urban public timber tile houses 1356.5 670.0 87.0 1388.0 16.0 3517.5 4 urban public simple structures 28.5 7.0 35.5 5 totai demolished floor space of 3041.8 2839.4 1505.8 4008.9 377.0 11772.9 the urban public residences _ 6 total households in the urban 82 71 29 92 4 278 public houses 7 totai residents in the urban 317 271 102 348 21 1059 public houses 3.5.3 The affected rural private houses of the Project The Project will cause the demolition of 9676.6 sq.m of the rural private residences and affect 55 households or 217 individuals. The following table provides the detailed data of the affected rural private residences of the Project. Table 3.8 The demolished rural priv ate houses of the Project No. area Tianshan Shuimogou Xinshi Sayban Urumqi Total District District District District Countv item A B C D E F I rural private brick concrete houses 6621.4 6621.4 2 rural private brick timber houses 872.9 872.9 3 rural private timber tile houses 296.5 296.5 4 rural private simple structures 1885.8 1885.8 5 rural private enclosing wall 156.0 156.0 6 total demolished floor space of the 9676.6 9676.6 rural private residences _ 7 total demolished housing plot of the 7202.4 7202.4 rural private residences _ 8 total households in the rural private 55 55 houses total residents in the rural private 217 217 houses 15  RAP for the Urumqi Urban Transport Improvement Project Chapter 3 3.5.4 The affected rented private houses Among the to be demolished 40,122.7 sq.m of the urban private residences, 840.3 sq.m is rented to 41 households or 121 individuals to live in. The following table provides the detailed data of the affected rented private residences of the Project: Table 3.9 The demolished rented private residences of the Project No. area Tianshan Shuimogou Xinshi Savban Urumqi total District District District District County item A B C D E F I rented private concrete houses 78 334 412 2 rented private timber houses 37.9 301.5 339.4 3 rented private timber tile houses 41.9 47 88 9 4 rented private simple structures 5 total demolished floor space of 157.8 682.5 840.3 the rented private residences 6 total households in the rented 7 34 41 private houses 7 total residents in the rented 19 102 121 private houses 3.6 The affected non-conforming and temporary buildings According to the investigation, the Project will affect certain amount of non- conforming and temporary buildings. The affected amount will occupy 30% in the total residence demolition area. For the detailed information, please refer to the following table: 16  RAP for the Urumqi Urban Transport Improvement Project Chapter 3 Table 3.10 The affected non-conforming buildings and the temporarv buildings No. area Tianshan Shuimogou Xinshi Sayban Urumqi total District District District District Countv item A B C D E F I total households in the private 68 17 2 106 193 residences without certificate 2 total individuals in the private 280 76 11 501 868 residences without certificate I_I 3 subtotal of the floor space of the 4346.6 1618.8 240.0 7231.6 13437..0 buildings without certificate 4 total households in the private 18 64 1 67 150 residences partialiv v.ithout.. certificate 5 total individuals in the private 87 245 4 283 619 residences partialiv without certificate 6 subtotal of the floor space of the 279.0 2268.0 60.0 2892.0 5499.0 buildings without certificate 7 total floor space of the buildings 4625.6 3886.8 300.0 10123.6 18936.0 without certificate 8 the proportion of the floor space 23.49