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Cambodia - Rural Electrification and Transmission, and, Renewable Energy Development Projects : resettlement plan (Vol. 2 of 4) : Resettlement policy framework

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_t' - _ RP92 Volume 2 KINGDOM OF CAMBODIA Nation Religion King Inter-Ministerial Resettlement Committee Rural Electrification and Transmission Project Rural Electrification Component RESETTLEMENT POLICY FRAMEWORK Phnom Penh, Cambodia November 2003 FILE COPY RURAL ELECTRIFICATION AND TRANSMISSION PROJECT RESETTLEMENT POLICY FRAMEWORK RURAL ELECTRIFICATION COMPONENT INTRODUCTION The overall goals of the proposed Rural Electrification & Transmission Project (RE&T) are to improve power supply and reduce cost for consumers in Cambodia, particularly for those in remote rural areas in order to promote Socio-Economic development and poverty reduction in these areas. The Project has two physical components: (1) Transmission Component and (2) Rural Electrification Component (RE). For transmission component, certain amount of land acquisition and resettlement will be required, which is mainly caused by acquiring land for Sub-Stations, building tower bases, and clearing right of way (Corridor of Impact: COI) under the transmission lines. A resettlement Action Plan (RAP) has been prepared by IRC for the componert to be financed jointly by ADB and IDA. For the RE Component, it includes both EDC-managed grid extensions which are expected to provide electricity to 50,000 households out of provincial towns, and off-grid electrification of 45,000 new households through Rural Electrification Fund (REF), which will promote private sector participation in RE and renewable energy development. While construction of MV and LV requires little land acquisition and resettlement, small land acquisition might be required for the construction of mini hydro and some MV facilities. Following the Bank policy on involuntary resettlement, a resettlement policy framework has been prepared for the RE component. The Resettlement Policy Framework, presented below, addresses adverse social impacts that may result due to involuntary acquisition of assets and changes in land use and includes Provision for compensation and rehabilitation assistance. 1. DEFINITIONS Compensation: Means payment in cash or in kind for an asset to be acquired or affected by a project at replacement cost. Cut-off Date: Is the date prior to which the use of the project area makes residents / users of the project area eligible to be categorized as affected persons. The cut-off date coincides with the date of the Census, Socio-Economic and Detailed Measurement Surveys of affected persons within the project area boundaries. Persons not covered in these surveys, because they were not residing, having assets, or deriving an income from the project area, are not eligible for compensation and other entitlements. Eligible landholders: Are affected persons who (a) hold title to land; or (b) do not hold title but whose possession of land can be legalized with a title pursuant to the Land Law of Cambodia. Entitlement: Means a range of measures comprising compensation, income restoration support, transfer assistance, income substitution, and relocation support which are due to affected people, depending on the nature of their losses, to restore their economic and social base. Inter-Ministerial Resettlement Committee Page 1 of 12 Resettlement Unit RURAL ELECTRIFICATION AND TRANSMISSION PROJECT RESETTLEMENT POLICY FRAMEWORK RURAL ELECTRIFICATION COMPONENT Project Authorities: Refer to both Electricite du Cambodge (EDC) and Ministry of Industry, Mining, and Energy (MIME), with EDC in charge of grid extension of RE Component, and MIME / REF in charge of off-grid electrification of RE component. Project Affected Persons (PAPs): Includes any person or persons, households, a firm, or private or public institution who, in the context of acquisition of assets and change in land usage, as of the cut-off date, on account of the execution of the project, or any of its Sub- Components or part, would have their: (a) Standard of living adversely affected; (b) Right, title, or interest in any house, land (including residential, commercial, agricultural and grazing land) or any other moveable or fixed assets acquired or possessed, in full or in part, permanently or temporarily adversely affected; or (c) Business, occupation, places of work or residence or habitat adversely affected, with or without displacement. PAP includes persons and affected household and consists of all members of a household residing under one roof and operating as a single economic unit, who are adversely affected by a project or any of its components. For resettlement purposes, affected persons will be considered as members of affected households. Rehabilitation: Means assistance provided to project affected persons seriously affected due to the loss of productive assets, incomes, employment or sources of living, to supplement payment of compensation for acquired assets, in order to achieve, at a minimum, full restoration of living standards and quality of life. Replacement Cost: With regard to land and structures, Replacement Cost is defined as follows: For agricultural land, it is the pre-project or pre-displacement, whichever is higher, market value of land of equal productive potential or use located in the vicinity of the affected land, plus the cost of preparing the land to levels similar to those of the affected land. For land in urban areas, it is the pre-displacement market value of land of equal size and use, with similar or improved public infrastructure facilities and services and located in the vicinity of the affected land. For houses and other structures, it is the market cost of the materials to build a replacement structure with an area and quality similar to or better than those of the affected structure, or to repair a partially affected structure, plus the cost of transporting building materials to the construction site. In determining the replacement cost, depreciation of the asset and the value of salvage materials are not taken into account, nor is the value of benefits to be derived from the project deducted from the valuation of an affected asset. Resettlement: Means all measures taken to mitigate any and all adverse impacts of a project on PAPs property and / or livelihoods, including compensation, relocation (where relevant) and rehabilitation as needed. Vulnerable Group: Are distinct groups of people who might suffer disproportionately or face the risk of being marginalized from the effects of resettlement and specifically include: (i) Female headed households with dependents, (ii) Disabled household heads, (iii) households falling under the generally accepted indicator for poverty, (iv) Elderly households with no means of support and landlessness, and (v) indigenous minorities. Inter-Ministerial Resettlement Committee Page 2 of 12 Resettlement Unit RURAL ELECTRIFICATION AND TRANSMISSION PROJECT RESETTLEMENT POLICY FRAMEWORK RURAL ELECTRIFICATION COMPONENT 2. CAMBODIAN LEGAL PROVISIONS The Constitution of Cambodia provides for land acquisition for public purposes. In Article 20 it states that "Nobody shall be forced to transfer his or her ownership, if forcing is necessary in public interest and if no proper and just indemnity has been paid to owner". Regarding compensation, Article 40 of the Constitution states that "...The right to confiscate (land) possession from any person shall be exercised only in the public interest as provided for under law and shall require fair and just compensation." Some protection for vulnerable groups is also specified in the Constitution in Article 73: "The State shall give full consideration to children and mothers. The State shall establish nurseries, and help support women and children who have inadequate support" and Article 74: "The State shall assist the disabled and the families of combatants who sacrificed their lives for the nation". The new 2001 Land Law provides that no person shall be "deprived of their ownership unless this action is for the public interest consistent with formalities and procedures provided by laws and regulations, and after just and fair compensation". There is currently no such "laws and regulations" and there continues to be an absence of definition for 'just compensation". In addition, a person holding illegally possessed property cannot claim compensation, even if there is a title (Article 19). Further, any "illegal and intentional or deceitful acquisition of the public domain of the State or public legal entity shall be punished" with a fine and / or imprisonment. This penalty can be doubled if the landholder is held to damage or delay work in favor of the common interest, especially the possession of land necessarily reserved for maintaining roads. Under the new Land Law, those who have occupied a right of way or public properties may not be entitled to any compensation or social support, regardless of their being an affected person or a member of a vulnerable group. Although individual rights to ownership and compensation are protected by present laws, there are no clearly defined specific provisions or a mechanism for land acquisition by the State through expropriation. The expropriation of immovable properties is based on decisions of government staff and implementation in an ad-hoc manner varying from one project to another. Traditional private land ownership was abolished during the Khmer Rouge period (1975- 1979) and was not re-introduced until the late 1980s. Determining ownership and obtaining documentation to prove ownership is a cumbersome and time consuming process which many landholders have not utilized. The boundaries of public land still remain unclearly defined and it can be difficult to distinguish between public and private land. This blurring between public and private land is particularly acute with regard to rights of ways for roads, irrigation channels and the like. There was no specific law or regulation on rights of way until 1999 when Government of Cambodia Decree identified a 50-meter right of way for some specified national roads and 60 meters for other national roads. The width of other rights of way varies depending on the type of road. No efforts were made to publicize the claimed rights of way and no physical demarcations have been made for these rights of way. Presently, the Government's Inter-Ministerial Resettlement Committee (IRC) is charged with determining entitlements, valuation of affected assets and in fixing of compensation rates. Current legal provisions governing land acquisition, compensation and resettlement in Cambodia do not meet the objectives and principles of World Bank's Operational Policy (O.P.) 4.12 on Involuntary Resettlement. Inter-Ministerial Resettlement Committee Page 3 of 12 Resettlement Unit RURAL ELECTRIFICATION AND TRANSMISSION PROJECT RESETTLEMENT POLICY FRAMEWORK RURAL ELECTRIFICATION COMPONENT This policy framework conforms to the objectives and principles of the World Bank's O.P. 4.12. In the case of any inconsistency between the provisions of the Cambodian legal framework and this policy framework, the Cambodian law shall be waived to the extent necessary. 3. OBJECTIVES AND PRINCIPLES OF THE POLICY 3.1 Overall Objectives This Policy framework seeks to address the inadequacy of the existing legal provisions discussed in the previous section. This policy is based on the philosophy that the project must serve the needs of society and ensure that PAPs are at least as well off due to the project. This can be ensured through the following basic objectives: (i) Avoid involuntary resettlement where feasible and minimize resettlement where population displacement is unavoidable, (ii) Ensure that displaced people receive compensation, assistance and rehabilitation so that they would be at least as well off as they would have been in the absence of the project, (iii) PAPs will benefit from the project, and (iv) Project stakeholders (which includes PAPs) are consulted and given the opportunity to participate, as practicable, in the design, implementation, and operation of the project. (v) Appropriate assistance and compensation, in cash or in kind, provided to adversely affected people, including indigenous groups, ethnic minorities and pastoralists who may have usage or customary rights to the land or other resources taken for the project. Three important elements of involuntary resettlement are: (i) Compensation for loss of assets, loss of livelihood and income, (ii) Assistance for relocation, including provision of relocation sites with appropriate facilities and services, and (iii) Assistance for rehabilitation to improve, or at least restoration of incomes and living standards to the pre-project level. 3.2 Principles on Compensation and Entitlements The overriding principle for all development projects is that people unavoidably affected should be compensated and assisted, so that their economic and social future would be at least as favorable as it would have been in the absence of the project. This will be accomplished using the following specific principles. (1) Acquisition of land and other assets and shifting of people will be avoided and minimized as much as possible. (2) Only PAPs who are found to be living in, doing business, or cultivating land, or having rights over resources within, the project area as the date of the Census, Socio-Economic and Detailed Measurement Surveys (cut-off date) are eligible for compensation for loss of assets, other assistance and rehabilitation for social and economic losses. PAPs will be compensated for affected land, either through receiving replacement land or replacement cost for their land. 'Special assistance' can include provision of suitable land., rental allowances, disruption allowance, etc., as well as a vulnerable group allowance. The main point is that affected persons are not made worse off than they would have been had the development project not taken place. Inter-Ministerial Resettlement Committee Page 4 of 12 Resettlement Unit RURAL ELECTRIFICATION AND TRANSMISSION PROJECT RESETTLEMENT POLICY FRAMEWORK RURAL ELECTRIFICATION COMPONENT (3) All compensation for affected land, structures, and other fixed assets shall be paid at replacement cost. (4) The resettlement transition period will be minimized and the acquisition of assets, compensation, resettlement and rehabilitation for a segment / section or phase (except where long-term rehabilitation measures such as vocational training) will be completed at least one (1) month prior to the initiation of construction work under the respective segment / section or phase thereof. (5) PAPs losing all of their assets (farmland, house or business), or in case of partial loss when the remaining assets are determined as un-viable for continued use, will be entitled for compensation for the entire assets at replacement cost.2 (6) In the case of a partial impact on the assets, i.e., partial loss of land or structures and the remaining assets remain viable for continued use, compensation for the affected assets will be paid in cash. (7) In case of land for land for arable land, the replacement land should be in the form of land of equivalent productive value and / or characteristics at a location acceptable to PAPs. If replacement land at a location acceptable to PAPs is not available, cash representing replacement cost of land should be compensated. (8) In case of land for land for residential and commercial sites, the Implementing Agency shall provide PAPs the appropriate plot of land with basic services such as electricity, water, drainage, emergency sanitation service, and access at least at the pre-project level. (9) For resettlement site land, the plot owner of the proposed relocation site will also be entitled to compensation for his / her land, and depending on his / her choice, the compensation may be in cash or in the form of a replacement land within or outside the relocation site. (10) The project authorities will provide resettlement assistance and the following minimum allowances to eligible PAPs: (a) Disruption Allowance Shall be given to PAPs whose business income is temporarily lost due to the project. The allowance should be provided in cash based on the temporary projected business income lost. (b) Vulnerable Group Assistance shall be provided for vulnerable families, such as female-headed household, poor families, and disabled headed households in an amount that shall assist them to become economically viable. In addition to any specific allowances to which members of vulnerable groups may be entitled, they shall also receive rehabilitation assistance based on their priorities and needs. 2 Where significantly large or entire landholdings are affected by the project or in cases where only partial land is affected but the remaining land becomes economically non-viable, the general mechanism for compensation of lost agricultural land will be through provision of "land for land" arrangements of equivalent productivity and at a location acceptable to the PAP. Where the PAPs stand to lose residential land with structures that exist in a closely located group exceeding 20 households, the project authorities, in consultation with affected households, may offer a relocation option to fully developed resettlement sites, or altemative facilities to housing projects. If suitable residential t agricultural replacement land is not available, and at the informed request of the PAPs, cash compensation at replacement cost will be provided. Inter-Ministerial Resettlement Committee Page 5 of 12 Resettlement Unit RURAL ELECTRIFICATION AND TRANSMISSION PROJECT RESETrLEMENT POLICY FRAMEWORK RURAL ELECTRIFICATION COMPONENT Rental Allowance Shall be given to house tenants of affected main structures who will be forced to find a new place to live, at an amount equivalent to three month's rent. (c) Transportation Allowance: (in cash or in kind according to mutual agreement of the PAP and the project authorities) to relocating PAPs. When the allowance is in cash, it shall be an amount equivalent to actual transportation costs. (d) Repair Allowance: Is given to PAPs affected by a partial loss of structures and those affected during moving locations based on cost of repairs. (11) Rehabilitation assistance is a form of special skills training or other development support to PAPs severely affected due to the loss of productive assets and / or their only source of income and which will require them to engage in some other income- earning activities. The project authorities, by consulting with stakeholders, will coordinate closely with concerned agencies (local authorities and independent assigned NGOs) that have the mandate and the expertise to undertake the needed rehabilitation assistance. (12) The project authorities will provide vulnerable PAPs the rehabilitation assistance needed to cope with a new environment and to improve their status. This assistance shall be based on the needs and priorities of the vulnerable groups. (13) Any PAPs' loss due to any acquisition or restriction on access to common resources as a common property will be mitigated by arrangements of such property that will ensure, as a first option, that new access of those PAPs to an equivalent resource will occur on a continuing basis, if feasible. If it is not feasible, then other alternatives shall be identified in consultation with the PAPs. (14) Resettlement programs will include adequate institutional arrangements to ensure effective and timely design, planning, consultation and implementation of compensation and resettlement. The project authorities will ensure effective coordination with relevant agencies for the implementation of the Resettlement Action Plan (RAP). (16) Adequate arrangements will be made for the timely conduct of social assessments, inventory of affected assets, Socio-Economic Survey, and the preparation and implementation of RPs, including the timely conduct of internal and external monitoring of RP implementation. General entitlements for compensation and rehabilitation assistance for different categories of PAPs are shown in the Entitlement Matrix below but the relevant Resettlement Plan may provide for more specific or additional allowances. Inter-Ministerial Resettlement Committee Page 6 of 12 Resettlement Unit RURAL ELECTRIFICATION AND TRANSMISSION PROJECT RESETTLEMENT POLICY FRAMEWORK RURAL ELECTRIFICATION COMPONENT Entitlement Matrix Type of Application Entitled Person Compensation Loss 1 Arable land Loss of arable Eligible landholder . Land for land or cash compensation for land. lost land at replacement cost according to Non-titled but possessor AP choice. 'Land for land' will be landholder provided in terms of a new parcel of land of equivalent productivity and free of taxes, registration and transfer cost; at a location acceptable to PAP; and with long- term security of tenure. Eligible for economic rehabilitation assistance and other allowances, as applicable. Lease holder and . No compensation but additional agricultural laborer assistance given so that they are not worse off due to the project and to enable them to replace affected assets. * Cash compensation for agricultural laborer equivalent to three months salary and assistance in getting alternative employment. * Cash compensation equivalent to replacement cost of gross harvest for one year. Temporary Eligible landholder * Cash compensation based on opportunity acquisition or lost during the period. easement 2 Residential Loss of residential Eligible landholder * Compensation in cash at replacement land land cost or, at PAP choice, replacement land Non-titled but possessor of minimum plot of acceptable size or a landholder plot of equivalent size, whichever is larger, in a nearby resettlement area with adequate physical and social infrastructure. * Replacement land to be free from taxes, registration and transfer costs. * Eligible for relocation assistance and other allowances as applicable. Lessee * No compensation but additional assistance provided so that they are not worse off due to the project and enable them to replace affected assets. * Eligible for relocation assistance. Temporary Eligible landholder a Cash compensation for the net loss of acquisition income and damaged assets. Non-titled but possessor landholder Lessee . Assistance provided so that they are not worse off due to the project. Inter-Ministerial Resettlement Committee Page 7 of 12 Resettlement Unit RURAL ELECTRIFICATION AND TRANSMISSION PROJECT RESETTLEMENT POLICY FRAMEWORK RURAL ELECTRIFICATION COMPONENT 3 Commercial Plots used for Eligible landholder * Compensation in cash at replacement land business affected cost for the affected portion or, at PAP Non-titled but possessor option, replacement land of sufficient size landholder for business continuation in market area of resettlement area or at location comparable to previous site. When the affected premises are larger than the relocation plot, cash compensation at replacement cost to cover the difference in area. * Eligible for relocation assistance and other allowances, as applicable. * Eligible for economic rehabilitation assistance. Lessee * Eligible for relocation assistance and other allowances, as applicable. 4 Structures Structures Owner * Compensation in cash for affected portion affected of the structure and other fixed assets at replacement cost, without depreciation and without deductions for salvaged material. * Assistance in restoration of any remaining structure, if applicable. * Eligible for relocation assistance and other allowance. Tenant . Three months rent allowance. 5 Loss of Loss of business/ Affected PAPs . Cash compensation for the loss of business incomes / business, incomes and wages. incomes or employment * Assistance during the transition period. employment * Eligible for rehabilitation assistance and other allowances, as applicable. 6 Standing Crops or trees Owner of crops or trees . Compensation in cash calculated on the crops, trees affected by land basis of type, age and productive value of acquisition or affected crops or trees. temporary * Other allowances as applicable. acquisition/easem ent 7 Common Loss of access PAPs * Arrangement for new resource or resources rehabilitation assistance. 8 Electric and Loss of, or PAPs . Replacement or compensation to cover / or water damage to, cost of restoring the facilities. connection affected assets, partially or entirely. 9 Public Loss of, or Concerned agencies * Replacement at replacement cost to facilities damage to, public respective agencies. infrastructure 10 Special Special assistance Vulnerable groups and . Vulnerable group and indigenous assistance to vulnerable indigenous/Ethnic peoples/ethnic minorities assistance / group and Minorities allowance based on identified needs and indigenous/ethnic priorities minorities Inter-Ministerial Resettlement Committee Page 8 of 12 Resettlement Unit RURAL ELECTRIFICATION AND TRANSMISSION PROJECT RESETTLEMENT POLICY FRAMEWORK RURAL ELECTRIFICATION COMPONENT 4. PUBLIC PARTICIPATION AND CONSULTATION The project authorities would be responsible for public consultation and public information dissemination. Consultations and public participation would be carried out as an ongoing process throughout project planning, design and implementation stages. Preparation of appropriate documents and planning and implementation for the acquisition of land and other assets will be carried out in consultation with the PAPs and the PAPs will receive prior information of the compensation, relocation and other assistance available to them including: * The relevant details of the project; * The resettlement plan and various degrees of project impact; * Details of entitlements under the resettlement plan and what is required of PAPs in order to claim their entitlements; * Compensation process and compensation rates; * Relocation and resettlement site development operation in order to obtain agreement and support of affected people in participating in these operations; and * Implementation schedule with a timetable for the delivery of entitlements. * Information concerning grievance procedures and how to use them. The project authorities would also provide a detailed explanation of the grievance process and enlist the help of village leaders and other influential community officials in encouraging the participation of the PAPs in resettlement activities. Finally, the project authorities shall attempt to ensure that all vulnerable groups including indigenous peoples / ethnic minorities understand the process and that their needs are specifically taken into consideration. Public participation is performed and information is made available during both preparation and implementation of the Resettlement Action Plan and should include, at a minimum, public information booklet, community meetings and television and radio reports. 5. GRIEVANCE REDRESS MECHANISM Grievances related to any aspect of a project will be handled through negotiations and are aimed at achieving consensus. All complaints received in writing (or written when received verbally) from the PAPs will be documented by each level grievance committee, established by the project authorities at varying governance levels, i.e., commune, district and / or provincial levels. PAPs will be exempted from all administrative and legal fees incurred in pursuant to the grievance redress procedures. Grievance committees would comprise of representatives of PAPs, community leaders and independent assigned NGOs, in addition to the representatives of commune and district officials, and project authorities. If PAPs do not receive any response from an established grievance redress body (at whatever level) within 20 (twenty) days from the filing of the complaint, or if the decision of grievance redress body is not satisfactory, the PAP will have the right to submit the complaint to the next higher level of the grievance redress mechanism. If the matter still remains unresolved after all levels of grievance redress have been utilized, the complainant may then forward his / her case to a court of law. In projects where indigenous minorities are affected, all complaints shall be discussed and negotiations shall be carried out in the community where the affected indigenous minorities live. Where necessary, the project proponents will provide assistance so that the rights of the indigenous minorities are protected. Inter-Ministerial Resettlement Committee Page 9 of 12 Resettlement Unit RURAL ELECTRIFICATION AND TRANSMISSION PROJECT RESETTLEMENT POLCY FRAMEWORK RURAL ELECTRIFICATION COMPONENT In addition to the above mechanisms, and at the option of the PAPs, grievances may be taken to other mediating bodies, such as a council of village elders, monks at a local pagoda, or any other dispute resolution mechanism as may be decided by the PAPs. 6. MONITORING AND EVALUATION 6.1. Internal Monitoring The PMUs in EDC and MIME would appoint adequate full time staff to monitor the process of resettlement for RE component. In order to assist with this monitoring, the authorities shall obtain and maintain appropriate baseline data prior to the resettlement impacts. The monitoring staff will submit periodic progress reports to the involved authorities for inclusion in the progress report. The main objective of the reports is to determine whether the resettlement is effective and to make the needed recommendations for change. The monitoring staff will be present in the field as well as at every meeting related to resettlement. 6.2. External Monitoring In the project, sub-project or any component thereof, with significant resettlement, an external agency will be contracted to monitor the process of resettlement. The external monitoring agency would be provided full access to project documents and database to facilitate monitoring process. The external monitoring agency will prepare periodic monitoring reports for submission to the IRC as well as to the IDA. In the event monitoring by either the internal or external monitor shows that PAPs are not receiving entitlements due to them, or there are other problems in implementation in accordance with the Resettlement Action Plan, then the project authorities will take, on a priority basis, all steps necessary to rectify the situation and ensure compliance with a Resettlement Action Plan. 6.3 Evaluation Six months to one year after the completion of resettlement in the project, the project authorities will contract a competent external agency for ex-post evaluation of resettlement implementation to determine whether the objectives of the policy have been achieved and severely affected PAPs have been able to restore their incomes and livelihood to the pre- project levels. Where necessary, and based on the outcome of the evaluation, additional assistance would be provided by the project authorities to achieve the objectives of the policy framework. 7. REPORTING AND DOCUMENTATION 7.1. Initial Social Assessment The project authorities will carry our initial social assessment to determine potential social issues and likely adverse impacts at the sub-project identification stage. Based on the initial social assessment decision can be taken on the types of detailed studies and field investigations required and necessary documentation. Inter-Ministerial Resettlement Committee Page 10 of 12 Resettlement Unit RURAL ELECTRIFICATION AND TRANSMISSION PROJECT RESETrLEMENT POLICY FRAMEWORK RURAL ELECTRIFICATION COMPONENT 7.2 Abbreviated Resettlement Action Plan Where in a sub-project less than 200 people are affected due to the loss of assets, incomes, employment or businesses, project authorities would carry out field surveys covering full census of affected people and inventory of affected assets, and prepare an abbreviated Resettlement Action Plan. The abbreviated Resettlement Action Plan covers the following minimum elements: (i) a census survey displaced persons and valuation of assets; (ii) description of compensation and other resettlement assistance to be provided; (iii) consultation with displaced people about acceptable alternatives; (iv) Institutional responsibilities for implementation and procedures for grievance redress; (v) arrangements for monitoring and implementation; and (vi) a timetable and budget. 7.3 Resettlement Action Plan Where in a sub-project more than 200 people are affected, project authorities would be required to conduct Detailed Field Investigations including census, inventory of affected assets and Socio-Economic baseline surveys of severely affected persons and prepare a Resettlement Action Plan for submission to the Bank. The Resettlement Action Plan (RAP) would include: (i) description of the project and potential resettlement impacts; (ii) principles and objectives of resettlement; (iii) socioeconomic survey and baseline information; (iv) legal framework; (v) category of PAPs and their eligibility; (vi) valuation and compensation for losses and entitlement matrix; (vii) resettlement measures; (viii) institutional arrangements; (ix) community participation and grievance procedures; (x) cost and budget; (xi) implementation schedule; and (xii) monitoring and evaluation. 8. LEGAL AND INSTITUTIONAL REQUIREMENTS The PMUs from MIME and EDC will be jointly responsible for planning and implementation of the RE Component. The PMU in EDC will be responsible for grid extension activities; and the PMU in MIME, or REF once it is set up, will be responsible for off-grid electrification activities. As the project proponent, both EDC and MIME/REF will be responsible for, at a minimum, the following resettlement activities: (a) Carry out all necessary surveys and field investigations and preparation of necessary documents; (b) With assistance from other relevant agencies and local authorities, implementation of resettlement activities in accordance with the approved RAPs; (c) Address all deficiencies identified in resettlement implementation; (d) Ensure timely allocation of resources and budgetary provisions, and process compensation claims of PAPs to ensure that the same are paid in time as planned; and (e) Supervise and monitor RAP implementation. 9. Costs and Budget Necessary funds for planning and implementation of Resettlement Action Plan will be provided by the IRC. The project authorities will also provide for all costs related to mitigating adverse social impacts based on budgetary requirements established in the RAP. All of these costs are to be a part of the total project cost. Inter-Ministerial Resettlement Committee Page 11 of 12 Resettlement Unit RURAL ELECTRIFICATION AND TRANSMISSION PROJECT RESETTLEMENT POLICY FRAMEWORK RURAL ELECTRIFICATION COMPONENT Each RAP will detail cost estimates for compensation and relocation (if applicable) of PAPs with a breakdown by category of PAPs and by type of asset affected, such as agricultural, residential, and commercial land; affected house, structures and other fixed assets; and type of assistances, such as transport allowance, disruption allowance, etc. The cost estimates will include adequate provisions for contingencies. In case of overruns due to unforeseen circumstances or delays, the project authorities will allocate additional funds as necessary. Inter-Ministerial Resettlement Committee Page 12 of 12 Resettlement Unit

Informations clés
Type de document Resettlement Plan
Date d'adoption
Pays Cambodge
Source Banque mondiale