China - Jiangxi Integrated Agricultural Modernization Project (JIAMP) : resettlement action plan

RP86 China Jiangxi Integrated Agricultural Modernization Project (JIAMP) Draft Framework for Land Acquisition December 2001 FLE COPY  2 Jiangxi Integrated Agricultural Modernization Project Framework for Land Acquisition and Resettlement Objective for Formulating a Land Acquisition and Resettlement Policy Framework 1. The guiding principle of the Land Acquisition and Resettlement Framework is the World Bank's Operational Directive (OD) 4.30 on Involuntary Resettlement, and..... ADD LOCAL LAWS. 2. As not all sites for all activities have been defined, a two-phased approach is taken. A policy framework (this document) has been drafted during preparation, and resettlement action plans will be drafted during project implementation when necessary. 3. During its design, the Jiangxi Integrated Agricultural Modernization Project (JIAMP) has taken full consideration in order to avoid or minimize permanent and/or temporary occupancy of land that would result in involuntary resettlement. According to World Bank's OD 4.30 and the agreement reached during the preparation of the project between the World Bank and the Borrower, this Framework is formulated especially for acquisition of land that might cause temporary or permanent involuntary resettlement, in order to avoid negative impacts that may then occur. 4. If land acquisition occur in the implementation of a project activity," An Action Plan for Resettlement" would be a pre-requisite before the sub-project is listed in the overall project investment plan. This Action Plan for Resettlement would be submitted for the World Bank for prior review. 5. The main objectives of this Framework is to: * Avoid or minimize potential negative impact on cropping activities caused by temporary occupancy of land due to and/or during construction period; * Formulate measures to improve any affected people's livelihood or at least reduce negative impact and/or restore their original production and livelihood if land acquisition occur; * Strengthen project monitoring for early identification of any land acquisition and occupancy that may occur during sub-project construction period; * Clarify timeline and obligations of implementation organization. Project Description 6. The proposed project consists of four components: (a) irrigation and drainage component; (b) farm production improvement component; (c) market system development component; and (d) project management, monitoring and evaluation component.  3 Project Investment 7. The project total investment is about RMB 1,219.55 million (about US $146.93 million), of which, the World Bank Loan is RMB 776.67 million (about US $93.57 million), domestic counterpart funds is RMB 443.07 million (about US $53.36 million ). Of the counterpart funds, about 50 percent of is government grant from various levels. Investments per component are: * Irrigation and Drainage: RMB 653.156 million (about US $78.69 million, 54% of the total investment); * Farm Production Improvement: RMB 362.471 million (about US $43.62 million, 30% of the total investment); * Market System Development: RMB 158.74 million (about US $ 19.16 million, 13% of the total investment); * Project Management, Monitoring and Evaluation: RMB 45.373 million ( about US $ 5.47 million, 3% of the total investment); Project Activities 8. Following activities are included in the project. * Irrigation and drainage rehabilitation and improvement will take place in 96 irrigation schemes in 21 counties. The designed irrigated areas cover about 1.035 million mu (70,000 ha). After completion of the component, about 174 villages, 290,000 households, or 1.325 million people will have benefited from the project. At the same time, water supply organizations (WSO) and farmers' water users' associations (WUA) will be gradually established. * The Farm Production Improvement Component target those households that improve their irrigation and drainage. It aims to carry out diversified high value production, provide technical extension and training to farmers, and carry out applied research, etc. It is estimated that about 87,000 households or 400,000 people will directly benefit from this component. * The Market System Development Component focuses on counties and townships where the two other project components are implemented. It includes promotion of quality standards, improvement of market information systems, provision of marketing advice to farmers through technical extension service, establishment of farmers marketing groups, rehabilitation and upgrading physical markets, and funding for small enterprises. It is estimated that there over 600 physical markets, leading households and small enterprises will benefit from this component. * The Project Management, Monitoring and Evaluation Component will include over 10,000 man days for domestic training and 22 man months for foreign study tours. Computer equipment would be procured to strengthen institutional capacity for project monitoring and evaluation etc.  4 Avoiding Resettlement 9. The main components of JIAMP are rehabilitation of irrigation and drainage works, farm production improvement and market system development. So far, during activity selection and design, no resettlement and/or dismantling of houses has been identified. Policies, Laws and Legal Basis 10. According to the World Bank's OD4.30 on Involuntary Resettlement, in case when resettlement and land acquisition cannot be avoided, the project should provide enough funds and opportunities for the affected people to improve or at least restore their previous production and livelihoods. Therefore, if during project construction, resettlement, land acquisition and green crop loss can not be avoided, the following regulations will govern and procedures will be followed: * Any land acquisition by the project must abide by "Land Management Law of The People's Republic of China", "Implementation Regulation for Land Management Law of the People's Republic of China" and " Methods of Jiangxi Province for Implementing Land Management Law of The People's Republic of China." * According to the "Land management Law of People's Republic of China, a land use payment system is in place. Construction unit's must abide with the approval procedures stipulated in the law, submit application to the local land management authority and acquire the land use right through administrative allocation and financial compensation. Provincial, prefecture and county level land bureaus review the law's application at each level and monitor the land use. Any land acquisition must be submitted for government approval above county level. * According to the land law, if township infrastructure developments need to use land, it should be reviewed and approved by the township (town) government first, then an application must be submitted to the county land bureau. The county land bureau should review the project before implementation and submit to the government above county level for approval. * For temporary acquisition of land, compensation for green crop should be paid reasonably in accordance with the physical loss. In principle, the compensation criteria should be based on local market price or re-purchasing price. When the temporary land acquisition is completed, the land should be restored to cultivation. Practical compensation standard should be formulated in accordance with land management methods and relevant policies promulgated by Jiangxi Province, and should not be implemented until approved by the People's Government of Jiangxi.  5 Basic Principles for Resettlement and Compensation. 11. The basic principles for resettlement and compensation include the following: * Involuntary resettlement, land acquisition, and crop damages should be avoided/minimized as much as possible; * If resettlement and land acquisition cannot be avoided, a resettlement action plan (RAP) should be prepared for compensation and rehabilitation of the affected people; and adequate funds should be provided in a timely manner for implementing such action plan; . Preparation and implementation of such action plan should be conducted in consultation with local governments and affected people, on all the subjects regarding resettlement and compensation; * Compensation should be paid at full replacement cost without depreciation; compensation for damaged crops should be paid at full market value; compensation should be delivered to affected people in full without any deduction; compensation should be paid prior to relocation and acquisition of land; All compensation funds should be paid before civil works start . Affected people should be assisted during relocation and in their livelihood rehabilitation activities (such as their production rearrangement, land redistribution/ reallocation, altemative employment, or other measures); Absence of legal title to, or formal ownership of, lost land or affected assets is not a barrier to compensation or other forms of assistance; . The living standards and economic incomes of affected people should be improved or at least restored after resettlement or land acquisition; All the costs related to resettlement, land acquisition, and compensation should be included in the project cost estimates; Adequate supervision and monitoring should be in place to identify any issues associated with resettlement and land acquisition in a timely manner; * Institutional responsibilities to implement the rehabilitation measures should be clearly delineated; and The resettlement action plan should be prepared on a basis of annual review of project components, if needed; it should be reviewed by Jiangxi Project Monitoring Office and accepted by the Word Bank before the relevant civil works can be financed under the project  6 Organization Structure and its Responsibilities 12. JIAMP Project Management Office (PMO) is fully responsible for the project plan and implementation. If any change in project design measure or construction site imply land acquisition and/or resettlement, the PMOs and governments at each level will take joint responsibilities with local land management authorities in regard to: (i) directing and guiding construction units in the formulation of a land acquisition and resettlement plan in line with the Framework; (ii) assisting the construction units in arranging and settling compensation funds; (iii) assisting the land management authority to solve problems between the construction unit and the affected people; (iv) supervising implementation of resettlement plan; (v) preparing implementation progress reports. 13. The PMOs will appoint people to be responsible for review and management of sub-project land acquisition. If the construction of sub-project has to involve land acquisition and/or resettlement, the construction unit should formulate a specific plan in line with this policy framework which has to be submitted to the higher level PMO and the local land authority at the same level and the World Bank. 14. Land management authority at each government level should review the scope, quantity of land acquisition, carry on land acquisition registering, handling land acquisition procedures and supervise compensation by local governments. 15. Activities involving in land acquisition and resettlement should not be listed in annual construction plan unless it (the resettlement action plan) is reviewed and approved by the land management authority and the World Bank. Land Acquisition and Resettlement Plan and Implementation 16. All activities involving land acquisition and resettlement will formulate a plan for land acquisition and resettlement and implementation, which will serve as the basis for initiation of the activities. Where less than 200 people are affected, an abbreviated plan would be prepared including: (a) a census survey of displaced persons and valuation of assets; (b) description of compensation and other resettlement assistance to be provided; (c) consultations with displaced people about acceptable alternatives; (d) institutional responsibility for implementation and procedures for grievance redress; (e) arrangements for monitoring and implementation; and (f) a timetable and budget. 17. If more than 200 people are affected, a full plan would be prepared. A basic outline of a full land acquisition and resettlement plan (see Annex 1 for preparation guidance) would include: (a) The objective for land acquisition and its location and scope; (b) The principles for the land acquisition and relevant policy and law;  7 (c) Social and economic investigation of the scope of land acquisition; (d) Impact of land acquisition and compensation standard; (e) Measures for restoring of livelihood and production of affected people; (f) Cost estimates and fund management for land acquisition; (g) Implementation schedule; (h) Establishment of land acquisition institution and personnel allocation; (i) Public participation; (j) What impact will land acquisition bring to farmers and community; (k) Complains and grievance; (1) Monitoring and evaluation and report system; (m)Annex, maps and tables Design Procedures for Land Acquisition and Resettlement 18. Design procedures for land acquisition and resettlement would include: * Investigation on social and economic situation in the would-be land acquisition areas (a socio-economic survey); * Investigation and registering on affected populations (persons, households, villages, types and quantities and the affected scope etc., i.e. census and inventory); * Formulating measures for land acquisition and resettlement in line with relevant policy, law, regulation and compensation standard; * Formulating design for land acquisition and its implementation plan. Monitoring and Evaluation 19. In the case of land acquisition and resettlement in a sub project, JIAMP PMO will employ an independent third party to be responsible for monitoring and evaluation of the land acquisition, resettlement and compensation. In addition, PMOs at each level should include construction land, land acquisition and compensation items in the project progress table when submitting it to higher-level PMOs. 20. Monitoring and evaluation personnel should regularly check and visit the site to assess progress and identify problems, and ask the project office at each level to take measures to solve problems if any. 21. Main Monitoring Indicators would include: * Signing land acquisition agreement; * Payment of compensation expenses;  * Time to raise compensation funds and its disbursement period; ? * Changes in affected households' economic situation; Implementation of the planned measures Usage of the occupied land * Re-cultivation time of the temporarily acquired land. Grievance Procedure of the Affected Farmers 22. The land acquisition and compensation work should abide strictly by law, respect the affected farmers and encourage them to directly participate in participating n negotiation. During preparation period for land acquisition, the construction unit of sub- project should visit villages and households under the organization of the project offices, invite township and village cadres to jointly evaluate the sub-project and negotiate quantities of the occupied land, compensation criteria, and methods for relocation, and sign agreement only after all parties involved agree. 23. The project office will be responsible in publicizing and explaining to affected farmers their rights and grievance channels. If the affected farmer is not satisfied with resettlement methods, he or she can complain to the village committee, and the village committee can go to the construction unit of the sub-project to negotiate directly, or can submit their grievance in oral or in written form to the relevant project office. After receiving the grievance, the project office should record it for files and discuss with the village committee and the project construction unit in order to solve the problem. In case there are contradictions and conflicts that can not solved, the village committee can apply to the administrative institution for resettlement in line with No.24 (1994) document "Concerning Whether Land Right Conflict Case Can Apply For Resettlement After Handling by People's Government by the State Land Administration Bureau, The Approvalfor Administrative Resettlement, or The Administrative Sue Law and Regulation for Administrative Resettlement," or sue the construction unit in the court. 24. The project office should be responsible for recording all grievances and the process for solving the problems in files.  9 Annex 1 Preparation Outline for Land Acquisition and Resettlement Plan In accordance with the Framework for Land Acquisition and Resettlement of Jiangxi Integrated Agricultural Modernization Project (JIAMP), all activities that involve land acquisition and/or resettlement should follow the preparation outline to formulate a plan for land acquisition and resettlement. The main content of such a plan should be as follows: 1. Land Acquisition for Sub-Project This section describes the sub-project content, location, scale and land quantities. A demonstration map is attached. (If it is related to house relocation and resettlement, it should be described clearly). At the same time, it is required to clearly state that the proposed design is taking into full consideration a minimum possible land acquisition in the design. It is also necessary to state clearly the type of land acquisition. If it includes cultivated land (irrigated land or dry land) and/or waste land. If it is cultivated land, it is necessary to state the affected households' current production models, proposed resettlement methods and anticipated livelihood prospects (including objectives for restoring the affected farmers' livelihoods, physical measures, and steps and duration for achieving these objectives). 2. Policies and Regulations Concerning Land Acquisition and Occupancy This section describes standard policies and regulations for land acquisition (including relocation if necessary) that are included in State laws and regulations (land law, water law, etc.) as well as relevant provincial and city regulations and decrees. This section should also describe methods and requirements related to land acquisition that might not necessarily be included in the legal regulations (e.g. amount of compensation for land acquisition; replacement methods; and calculation methods for labor arrangements, etc). 3. Basic Information This section presents complete land acquisition and resettlement data including baseline data on every affected unit (village, households). This should include general social and economic situation, farmers' average income. Land acquisition quantities ( separate cultivated land or uncultivated land, and in cultivated land, it should separate irrigated land or dry land etc.), the numbers of the affected farmers, population, and dimensions for relocation should be presented. In addition, all damaged green crops, fishponds, grave sites and other land should be included described.  10 4. Compensation Criteria This section describes the compensation policy and criteria for the land acquisition and resettlement. The standards for compensation should be divided in accordance with different quality and types of resettlement and can also be in accordance with different social and economic conditions. In addition, the content for compensation of resettlement can be divided into two categories: (i) compensation for the affected community such as compensation for lands, fields, facilities etc; and (ii) direct compensation for affected farmers such as compensation for green crops, fruit trees, wells, ponds, houses, etc. (compensation for employees also include salary subsidies for disrupted work, for temporary living etc; For that contents that have no detailed criteria and are proposed to be solved through negotiation, it should be explained here how the negotiations are to be carried out. 5. Management and Institutional Arrangements This section should state the institution and organization for overall responsibility in land acquisition and resettlement. Firstly, it should state which institution will take overall responsibility in completing land acquisition and resettlement plan (general speaking, the special office consisting of provincial project office and county project office should take responsibility in land acquisition and resettlement in their areas. Secondly, if not the same institution, which institution will implement this action plan and how the responsibilities will be divided. The land acquisition and resettlement plan should introduce how will each institution equip their personnel. 6. Community Participation The project office and construction unit should consult fully with the affected villages and households on land acquisition and resettlement work caused by the project, and inform each village and household by meeting or other forms regarding the land acquisition and explain clearly the practical policy, compensation and arrangement on land acquisition. In the land acquisition and resettlement plan, it should introduce steps and methods to consult with the affected units and individuals. 7. Cost Estimate on Land Acquisition and Resettlement The land acquisition cost should be decided by relevant policy and law, land types and resettlement criteria, and it should include physical contingency and price contingency at the same time. Each cost estimate should be divided according to different project, personals and units involved, and it should also explain the sources and guarantee of the cost.  8. Implementation Measures and Time Table in Land Acquisition and Resettlement The land acquisition and resettlement plan should propose detailed methods, measures, steps, time table for land acquisition and resettlement (matching with the implementation schedule) and annual working schedule including time and duration for land acquisition and occupancy, duration and compensation time (or time for adjusted and replaced land). 9. Monitoring and Evaluation for Land Acquisition and Resettlement Monitoring and evaluation can give the project unit a better understanding regarding whether the land acquisition and resettlement has achieved expected objective on time with good quality, and to provide experience and lessons for further improvement and adjustment of project work. During the design for land acquisition and resettlement, it should be stated what kind of supervision work should take place, what is the internal (or external if necessary) monitoring system and indicators, and what is the practical monitoring, evaluation methods, scale and time. It should be reminded in particular that the affected villages and households be invited in participating in evaluation and monitoring of land acquisition and resettlement. 10. Grievance System For the affected villages and households, their rights should be fully recognized and supported. Beside appropriate compensation, they should have further development opportunity and right. In addition, the land acquisition and resettlement plan should formulate a grievance system for the affected population. If the affected population have any grievance and dissatisfaction, they should be able to go the departments concerned through appropriate channels. Appendix 1: Construction Land Survey for Jiangxi Integrated Agricultural Modernization Project Appendix 2: Monitoring Table for Work Process of Project Land Acquisition Appendix 3: Framework Map for Grievance Channels Appendix 4: Survey for Project Social Impact