Cambodia - Health Sector Support Project : resettlement action plan

RP115 September 2002 International Development Association East Asia and Pacific Region Human Development Sector Unit Cambodia: Health Sector Support Project Framework for Land Acquisition Policy and Procedures Introduction I. The Government of the Kingdom of Cambodia (GOKC) seeks an International Development Assistance credit in support of the Health Sector Support Project (HSSP). The objective of the Project is to contribute to the improvement of the health status of the population by: (a) increasing the accessibility and the quality of health services; and (b) supporting the GOKC's health sector reform process and strengthening the sector's capacity to manage resources efficiently. 2. The HSSP includes the continued development of primary health care facilities and first referral and provincial hospitals, by financing civil works (rehabilitation and new constructions), equipment, and maintenance. A health infrastructure development plan will be developed with HSSP financial support and Bank assistance will focus on rural and remote provinces. This plan will ensure that: (a) investments in infrastructure take into account Cambodia's potential to cope with the recurrent expenditures entailed by such investments; and (b) the siting of health facilities to be constructed or rehabilitated under HSSP is decided on sound criteria (such as accessibility, utilization rates, health needs, and proximity to private facilities). Supported infrastructure projects - primarily rehabilitation and construction of health centers and hospitals - are small in scale and generally cause little or no significant adverse impacts. Nonetheless, since all sites have not been identified, experience shows that such activities sometimes do cause loss of land or loss of access to other resources. In practice, land is acquired on an ad-hoc basis. To meet the requirements of World Bank OD 4.30, Involuntary Resettlement, borrowers in Bank- supported projects must avoid or minimize such losses. And, if involuntary imposition of such losses cannot be avoided, measures must be established to improve, or at least restore, the incomes and living standards of those involuntarily affected. 3. For health infrastructure site selection, --- will decide on investment priorities during the course of project implementation, based on criteria that has been discussed and agreed with the World Bank. Because it is impossible to prepare land acquisition plans in advance, the GOKC has prepared this Framework for Land Acquisition Policy and Procedures. The Framework defines terms and provides guidance for involuntary acquisition of land or other assets (including restrictions on asset use), and establishes principles and procedures to be followed to ensure equitable treatment for, and rehabilitation of, any persons adversely affected. Key Definitions 4. Land Acquisition: A process by which any person is compelled to relinquish ownership, possession, control or use of all or part of their land, structures, or other assets. This includes land or assets for which the possessor or user enjoys customary or uncontested access but lacks legal title. FILE COPY 5. Project-Affected Person: Any person who, on account of the execution of the Project, or any of its components would have their: (a) right, title or interest in any house, land (including residential, agricultural and grazing land) or any other fixed or movable asset acquired or possessed, in full or in part, (b) permanently or temporarily; or (c) business, occupation, work, place of residence or habitat adversely affected; or (d) standard of living adversely affected. 6. Replacement Cost: The principle of valuation used to determine appropriate compensation for lost land or other assets. Replacement cost refers to the amount necessary for actual replacement of the lost asset. To achieve replacement cost, assets cannot be depreciated for age or prior use. Replacement cost also is net of taxes, fees, or any other deductions for any other purpose. 7. Voluntary Contribution: A process by which an individual owner or user agrees to provide land (and attached assets) for provision of public goods without compensation in cash or in kind. Voluntary contribution is an act of informed consent; voluntary contributions are made with the prior knowledge that other options are available, and are obtained without coercion or duress. For the purposes of HSSP, only minor contributions will be sought and accepted; voluntary contributions will not be sought or accepted where they would significantly harm incomes or living standards of individual owners or users. Scope of HSSP Health Infrastructure 8. The HSSP will finance construction and rehabilitation of health facilities in ten of twelve Project, e.g., Krong Pailin, Kampot, Banteay Mean Chey, Stueng Traeng, Preah Vihear, Bat Dambang, Kampong Spueu, Pousat, Kampong Thum and Kracheh. In these ten provinces, health facilities in 16 Districts were selected on the basis of the following three criteria: (a) poverty level (priority to districts with lower income rates); (b) number of potential users (priority to highest number of inhabitants per facility); and (c) unfulfilled needs in facilities (priority to Districts with the highest number of unfulfilled needs in facilities). The Civil Works program will include, over a five year implementation period: the rehabilitation and extension of 16 existing District or Provincial Hospitals, the construction of 24 new Health Centers (HC), and the rehabilitation/extension of 46 existing HCs. In addition, the project will finance the construction of 6 District Offices and 10 Drug Stores. 9. Five Operational Districts have been selected for the first phase (2003-04) of civil works, including the two Districts designated for the "Contracting" sub-component and three highest priority districts (with health facilities in need of rehabilitation works or on sites lacking access to health services). The final list of this first phase has been discussed and agreed upon at Appraisal, and architectural studies have been planned. 10. Before project launching, the initial survey of existing facilities and sites as well as the preliminary designs for the first phase of civil works will be carried out. After launching, the HSSP will finance consultant services related to civil works including: (a) design and supervision of works to be provided by several local firms; and (b) civil works management including pre- and post-construction services, coordination and monitoring of consultant and contractor activities. 11. The project will also strengthen the public facility and equipment maintenance units in provinces. HSSP funds will support the establishment of six maintenance units including construction of workshop facilities 2 12. All infrastructure subprojects that involve new physical works or changes in the siting of existing infrastructure may cause land acquisition. Infrastructure screening measures will ensure that no major land acquisition or resettlement-related impacts occur. Specifically, screening will exclude the following: (a) Infrastructure Subprojects requiring relocation of residences or commercial enterprises; (b) Infrastructure adversely affecting more than 200 persons in total; (c) Infrastructure for which sources of necessary compensation have not been established; and (d) Infrastructure requiring destruction of significant numbers (e.g., more than 10) crop trees or mature forest trees. 13. For any infrastructure requiring acquisition of land or other assets, mitigation measures will be provided in consistency with this framework. Policy Principles 14. The fundamental principle incorporated in this Framework is that all necessary measures will be undertaken to improve, or at least restore, incomes and living standards of all persons adversely affected as a result of land acquisition. The Framework further incorporates the major guiding principles espoused in World Bank OD 4.30, and in relevant laws of the GOKC. A. Key Principles of World Bank OD 4.30: General principles and objectives of World Bank OD 4.30 are as follows: (i) . Acquisition of land and other assets should be avoided when feasible and otherwise minimized; (ii) If any persons are to be adversely affected, mitigation measures must provide them with sufficient opportunities to improve, or at least restore, incomes and living standards; (iii) Lost assets should be replaced in kind, or compensated at replacement cost; (iv) Compensation should be paid in full, net of taxes, fees or any other deductions for any purpose; (v) If any persons are required to relocate, transfer costs and subsistence allowances will be paid in addition to compensation at replacement cost for lost structures and other assets; (vi) Absence of legal title to land or other affected assets will not be a barrier to compensation or other suitable forms of assistance; and (vii) Adversely affected persons will be provided information relating to impacts and entitlements, will be consulted as to their preferences regarding implementation arrangements, and will be informed regarding methods and procedures for pursuing grievances. B. Relevant Laws of the Kingdom of Cambodia: Key provisions of current legislation governing land ownership, resettlement and compensation in Cambodia are established in the national Constitution, the Land Law of 1992, and the Land Law of 2001. Key aspects are as follows: (i) All land in Cambodia is vested in the state. No land ownership prior to 1979 is acknowledged; 3 (ii) Registration of land by private citizens has been possible since 1989. Although there is a process for obtaining formal land title, progress has been slow with very few titles being issued; and (iii) There is provision for land acquisition where the public interest requires it. Where this is done, the registered owner is entitled to "fair and just" compensation. No laws or regulations specifically relating to land acquisition or resettlement exist, however. In practice, land often is obtained without compensation or through ad-hoc local negotiations. C. Resolving Inconsistencies: In the event of conflict or inconsistency between Cambodian law and Bank principles as established in this framework, the GOKC will waive Cambodian law to the extent necessary for effective implementation of this project. I Avoidance and Minimization of Adverse Impacts 15. It is anticipated that the great majority of infrastructure funded through HSSP will be sited on public land, which will involve both rehabilitation of existing infrastructure and new construction. Small amounts of land, currently in private use or ownership, may be required. In these cases, and provided that the amount required from any individual does not exceed 5% of that individual's holding, the most effective means to avoid involuntary acquisition of land is likely to be through reliance on local level participatory processes. The Provincial Health Department (PHD) may determine the willingness of individual owners or users to voluntarily contribute land. The PHD may also undertake efforts to obtain necessary land or other assets through direct negotiations with asset owners or users. The results of such negotiations shall be publicly disclosed. 16. PHDs proposing to undertake land acquisition in order to construct infrastructure on private land, or land which is currently in private use, will be obliged to demonstrate that no satisfactory alternative is available and to prepare a Land Acquisition Report (LAR) for review by the provincial governor (or his designee). The review and approval of the LAR must take place prior to adoption by the PHD of the budget which includes the proposed infrastructure activity project. In other words, land acquisition issues must be resolved in the planning year before the implementation of the project. Planning and Reporting Requirements 17. As the number of HSSP health infrastructure activities on privately owned sites is expected to be very small, and where such activities are on privately owned sites, they are expected to be relatively small in scale, the number of persons to be adversely affected by land acquisition is likely to be very small. Accordingly, planning and reporting requirements are kept as simple as possible. A. No Land Acquisition Report Required: For all HSSP investments for which no significant acquisition is necessary, the relevant PHD will provide to MOH the following information: EITHER a statement, signed by the Provincial Health Director that the investment will be implemented entirely on public land which is not under private cultivation; 4 OR a report indicating the following information: (i) The amount of land (and other assets) to be utilized, and field measurement results indicating that no more than 5% of total land holdings are needed from any individual; (ii) A description of methods used to inform potentially affected individuals regarding the proposed investment, and their rights and options regarding land or other assets required, and confirmation that individuals have been informed that they have the option of refusing land contribution; (iii) Signed Statements of Voluntary Contribution from each individual voluntarily contributing land (and any attached assets), indicating their informed consent; (iv) Signed Statements of Negotiated Agreement, from each individual agreeing to provide land or other assets in return for compensation in cash or in kind, or for other mutually satisfactory considerations; and/or (v) A report of the meeting at which the lanf acquisition arrangements (including siting maps) have been disclosed to, and validated by, affected individuals. B. Land Acquisition Report Required: In cases where more than 5% of any holding of productive land will be acquired, or where buildings or other fixed assets worth more than $100 will be affected, a Land Acquisition Report must be prepared, including the following elements: (i) Description of the investment necessitating land acquisition; (ii) Basic data identifying impacts and persons to be affected by them; (iii) Arrangements for in-kind replacement of land, or for compensation at replacement cost, including signed statements by all affected landowners confirming that these arrangements are satisfactory; (iv) Arrangements to ensure adequate performance by contractors relating to compensation for temporary impacts; (v) A schedule of assets (other than land), which will require to be replaced as part of the construction contract, and signed statements by the affected owners confirming that these arrangements are satisfactory; (vi) An implementation schedule indicating that replacement land will have been provided before implementation of the project begins; (vii) A siting map and field measurements validated by villagers, showing land to be acquired and replacement land to be provided, sufficiently detailed to allow verification; and (viii) Arrangements for disclosure of information, consultations, and procedures for pursuing grievances. The planning report is to be prepared as part of feasibility studies and will be reviewed as part of the technical assessment process prior to provincial approval the plans. Following provincial approval, provision of in-kind asset replacement, other than that to be included in the project implementation contract, will be completed before the contract for project implementation is signed. Entitlements Relating to Specific Categories of Impact 18. If substantial acquisition of land or other assets is necessary, the following provisions will be followed in development of mitigation measures: (a) Loss of agricultural land: Any persons losing a significant proportion (i.e, more than 5%) of their agricultural land must be provided an opportunity for in-kind replacement, 5 obtaining access to land of equal productive value. Such persons also may be offered optional cash compensation at full replacement cost. Those whose land holdings are not significantly affected can be compensated at full replacement cost. (b) Loss of productive assets: Landowners contributing land upon which seasonal crops are standing have the right to insist that project implementation is delayed until the crops are harvested, or to be compensated at the market value of the crop. Those losing perennial fruit or pulp trees should be compensated in cash at net present value, where it is possible to do this from local cash contributions to the project. (c) Temporary loss of land: No land may be taken temporarily during construction except by voluntary arrangement between the landowner and the contractor. Contractors should be informed before bidding of any case where use of private land or damage to private property, including crops, is likely to b( necessary, in order that compensation or restoration costs can be included in the bid price. (d) Loss of structures: Project funds may hot be used to fund activities which will require demolition or relocation of permanent dwelling or private business premises. For ancillary structures that may be affected, compensation will be paid at replacement cost. . (e) Loss of other assets: Where fixed assets other than land (such as fencing) will be lost, replacement of these should be negotiated with the owner and should then form part of the contract for construction of the project. Consultations and Information Disclosure 19. As stated above, obtaining land or other assets through voluntary contribution and negotiated agreement requires that individuals potentially involved are informed about their rights and options. Prior to such negotiations, and prior to any land acquisition proceedings, the PHD must provide information about key provisions of this Framework. Potentially affected individuals must be informed that they are not obligated to voluntarily contribute land for subproject purposes, that involuntary acquisition of land without appropriate compensation is not permitted, and that lodging of a valid objection by an affected landowner will be sufficient cause for subproject approval to be delayed or withheld. Additional information to be disclosed will include: entitlement to replacement in kind or compensation at replacement cost; methods to be used in establishing compensation rates; and procedures for pursuing grievances, including contact information. Information should be presented in a language and medium accessible to those potentially involved or affected. Grievance Procedures 20. Each Commune Council will have an opportunity to comment on annual commune reviews of project implementation performance. Any grievances may be addressed as part of the review process. If project-affected persons are not satisfied with proposed entitlements or implementation arrangements, or are dissatisfied with actual implementation, they also can seek satisfaction through the PHD or its designated officials. If this does not result in resolution of issues, project-affected persons can also make grievance verbally or in written form to district-level officials responsible for project facilitation and information dissemination. If this does not result in resolution of issues, project-affected persons can make grievance verbally or in written form to the provincial governor and ultimately to the national-level MOH. At each level, specified authorities should record receipt of grievances and reply to the project- affected person or persons within ten days after receiving the grievances. Project-affected persons will be exempted from any administrative or legal charges associated with pursuing grievances. 6 Organization Roles and Financial Responsibilities 21. To achieve the objectives of this Framework, HSSP manuals and procedures will establish the following roles and responsibilities: A. Provincial Health Department: As the local authority and as the project planning and implementing body, the PHD has the primary responsibility to ensure that the rules and procedures set out under this Framework are adhered to. Specifically, the PHD or its designated officials will: (i) Ensure that potentially involved residents are informed regarding proposed investments, and their rights and options relating to land or other assets that may be involved; (ii) Ensure that provincial representatives are informed about their responsibilities under this Framework; (iii) Closely monitor and assist the representatives in all matters relating to land acquisition, and attend and monitor public meetings to discuss land acquisition issues with potentially affected individuals; (iv) Review and approve PHD reports (as outlined above) as part of project feasibility study, prior to appraisal for any investment activities requiring access to privately owned or utilized land or other assets; (v) Ensure timely provision of compensation in cash or in kind, as required; (vi) Review contractor performance to ensure that any required payments to individuals for materials or temporary use of land are made, and to ensure that any temporarily utilized land is adequately restored, and; (vii) Respond to any grievances submitted by adversely affected persons. B. Commune Council: The Commune Council will assist the PHD in all matters concerning information, communication, discussion and negotiation with landowners, or with the villagers collectively, about land acquisition matters, including: (i) Scheduling open meetings to ensure that potentially involved village residents are informed regarding proposed investments, and their rights and options relating to land or other assets that may be involved; (ii) Identification of impacts on land and assets, individuals potentially involved, and the amounts and types of land and other assets sought from each individual; (iii) Scheduling open meetings for public validation of field measurements and maps relating to siting of proposed activities, and public disclosure and validation of any land-related agreements; (iv) Seeking voluntary contributions or negotiated agreements; (v) Preparing required reports on matters relating to land acquisition; and (vi) Facilitating compensation in kind and exemptions from local contributions in relation to land acquisition; and (vii) Conducting consultations with potentially involved village residents to confirm the boundaries of the land. C. Provincial Governor: At the provincial level, the governor (or designated officials acting on behalf of the governor) will be responsible for: (i) Ensuring that all PHDs participating in HSSP activities are informed about their responsibilities under this Framework; 7 (ii) Approving or rejecting any LARs submitted in support of proposed provincial level investments; (iii) Verifying that the PHD has sufficient funds or other resources to pay necessary compensation or meet other obligations associated with acquisition of land or other assets; (iv) Monitoring implementation of any approved LARs and ensuring that any inadequate implementation is corrected; and (v) Responding to any grievances submitted by adversely-affected persons. Sources of Funding for Land Acquisition-Related Activities 22. As the borrower, the GOKC carries official responsibility for meeting terms of this Framework, including financial obligations associated with land acquisition. In practice, GOKC funds will not be regularly available for this purpose. Therefore, where healtl4nfrastructure is proposed that would require land acquisition, and where no sufficient source of necessary compensation funds can be identified, the proposal will be disqualified. Intermediate sources of support for land acquisition may include: (a) For very minor land acquisition, exemption of individuals from contributing cash for necessary contributions may be sufficient compensation; and (b) With the approval of PHD officials, cash contributions (at least 3% of estimated project costs) may be used for payment of compensation; World Bank Supervision Arrangements 23. The World Bank will undertake periodic project supervision in all twelve HSSP provinces to assess compliance with Framework requirements, and to recommend any corrective measures that may be necessary to resolve implementation problems or inadequacies. To facilitate Bank supervision, all approved LARs will be available for Bank review. And all village-level land use reports, including Statements of Voluntary Contribution and Statements of Negotiated Agreement, will be available for Bank review at the commune level. 8