Cambodia - Road Rehabilitation Project : resettlement action plan (Vol. 1 of 3) : Resettlement action plan - simplified engineering design

RP-005 KINGDOM OF CAMBODIA WORLD BANK Ministry of Public Works and Transport ROAD REHABILITATION PROJECT SIMPLIFIED ENGINEERING DESIGN RESETTLEMENT ACTION PLAN June 1998 JAPAN OVERSEAS CONSULTANTS CO. LTD. in association with ORIENTAL CONSULTANTS CO. LTD. OU,  l'4CRLD BANK KINGDOM OF CAMBODIA WORLD BANK Ministr of Public Works and Transport ROAD REHABILITATION PROJECT SIMPLIFIED ENGINEERING DESIGN RESETTLEMENT ACTION PLAN June 1998 JAPAN OVERSEAS CONSULTANTS CO. LTD. in association with ORIENTAL CONSULTANTS CO. LTD. OSU  Table of Contents EXE CU TIVE SUMMARY ................... IV 1INTRODUCTION .l 1.1 PROJECT DESCRIPTION.1 1.2 STUDY AREA BOUNDARIES. 4 1.3 MEASURES TAKEN TO MINIMISE RESETTLEMENT .5 1.4 RESPONSIBILITY.5 2 EXISTING RESETTLEMENT POLICIES AND LEGISLATION ... 5 2.1 BACKGROUND.5 2.2 CURRENT LEGISLATION.6 2.3 LAND REGISTRATION.6 2.4 RESETTLEMENT POLICY IN CAMBODIA.7 3 H1E SOCIOECONOMIC SURVEY AND CENSUS . .. . ........................................ 7 3.1 SOCIO-ECONOMIC CHARACTERISTICS OF THE PAPS .8 3.1.1I Ethnic Groups.8 3.1.2 Gender.8 3.1.3 LHiteracy.9 3.1.4 Occupation.9 3.1.5 Occupancy and Spatial Diti stutiono n 9 4 THE ENTITLEMENT POLICY................................. 9 4.1 DEFINITION OF TERMS..9 4.2 CATEGORIES OF PAPS..11 4i.3 TYPES OF LOSSES..12 4.3.1 Loss ofJLand and Other.Assets.12 4.3.2 Temporary Loss of Livelihood.13 4.3.3 Loss of Communi.tyAssets 13 4.4 COMPENSATION MEASURES.13 4.4.1 Replacement Costs for Assets Last Due to Resettlement.16 4.5 RELOCATION OR SHIFTING ASSSTANCENCE16 4.6 TAXES AND GOVERNMENT FEES..16 4 .7 MANAGEMENT OF FuU rRE ENCROACHERS AND SQUATTERS..16 5 COMMUNITY CONSULTATION PROGRAM AND GRIEVANCE PROCESS.18 5.1 EXPLAINING THE RAP, DEFINING ENTITLEMENT AND VE RIFICATIN .1 8 5 .2 THE GRIEVANCE PROCEDURE.1 8 S.2.1 Functionn.18 S.2.2 Steps Involved...1 5.2.3 Makeup of the Grievance Committeee.19 6 IMPLEMENTATION OF TER ...................................................PLAN ANSC....P........... 9 6.1 IMPLEMENTATION PROCEDURES..19 6.2 CTMING OF CONSTRUCTION..21 6.3 IMPLEMENTATION RESPONSIBILITY..21 6.3.1 ProjectlImplementation Unit.21 7 M ONITORING, EVALUATION ANDE ..................................................................... 22 7.1 MONITORING.22 7.2 EVALUATION.23 7.3 REPORTING ARRANGEMENTS...2 8 BUILDING CAPACItY AND TRAINING .................................... 324 8.1 ON-GOING RELEVANT CAPACITY_BUILDING ..24 9 RESETTLEMENT COSTS.orsses.Detoeseleen .......................... ..... 4......... 4 9.1 PAPS AND THEIREASSETS . ................ 24 . . 5. T E R EV NC RO ED RE........................................................................1  9.2 PAYMENTS FOR LOST ASSETS AND INCOME ................................................ 26 9.3 ADMrNISTRATIVE AND MONITORING COSTS ................................................ 26 Appendix I Census and Socio-economic Survey of the PAPs ........................................... 27 Appendix 2 PAP Survey Endorsement Letters ........................................... 30 List of Boxes, Figures, Maps and Tables Box 1 Problems Encountered ............................................8 Figure I Cross-section of RoW, Clearance Zone and Corridor of Impact on Cambodian National Highways (not to scale) .................4 Figure 2 Organization Chart of MPWT's Project Implementation Unit and Other Related Units Responsible for Implementing and Monitoring EMAP and RAP .23 Map 1 The NR6 Study Area from the Airport Access Road to the Border of Siem Reap Province, and Urban Sections through Siem Reap .2 Map 2 Study Area in Siem Reap Province: NR6 (SRE 2B to SRE 2F) .3 Map 3 The NR3 Study Area From the Junction of NR3 and NR4 to Trapeang Rapou . 4 Table 1 Summary of Literacy Data; 1996 RCG National Demographic Survey ..................................9 Table 2 Categories of PAPs and their Entitlements ................................................................. 15 Table 3 Replacement Costs for Assets Affected by Road Project, 1998 ............................................ 17 Table 4 RAP Implementation Schedule in Relation to Key Engineering Tasks, 1998-2003 .............. 20 Table 5 Summary of Main Uses of the NR3 and NR6 Corridor of Impact ........................................ 24 Table 6 Summary of Affected Assets and Cost Estimates for Assistance and Compensation ........... 25 Table 7 RAP Technical Implementation and Administrative Costs .................................................... 26 iii  Executive Summary This Resettlement Action Plan (RAP) is a guide specified by the World Bank and approved by the Royal Cambodian Government (RCG). It defines which households will be negatively affected by the Cambodia Highways Rehabilitation Project, where they are located, what compensation measures are to be provided, and how and when these measures must be implemented. The RAP is an integral part of the Initial Environmental Assessment (EEA) for the project, critical to the integration of social environmental actions and concems into the project process. It has been designed as a stand-alone document for the purposes of smooth passage through a relatively lengthy approval process not required of the rest of the LEA. A RAP is required for this project because of the presence of people and their homes, businesses and gardens in the rights-of-way of several of the project road segments. The project entails the upgrading of 115.2km of roads in Phnom Penh and Sihanoukville Municipalities and Siem Reap Province. 11.8km of the project roads are urban roads, and 103.4km rural. Road improvements will vary from place to place, and will consist of everything from straightforward resurfacing, to widening by several meters, to elevation of the roadbed by over 3m for flood prevention. The improvements will be made in two stages. All project roads will be brought up to a standard width of 8m in the first stage (construction is slated to begin in late 1999), while the end of the second stage, some ten to fifteen years on, will see the standard width increased to 1 lm. In places where the road upgrade will consist of straightforward resurfacing of an existing road surface (already at the 1 lm maximum), the need for resettlement is essentially a non-issue. This is the case for all of the urban roads included in the project, so the resettlement process is focused on the rural areas. An important distinction to make between this project and many other infrastructure projects requiring resettlement is that while all project-affected people (PAPs) are located within the 50m-wide RoW belonging to the RCG (see Section 2.3 for details), their new location further back from the corridor of impact will still be within the RoW. Therefore, neither expropriation of privately held land nor purchase of land to relocate PAPs will be necessary. The data which form the basis of the prescriptions made in the RAP are the result of a survey of people living and working in the RoW of all the project roads. This survey was completed in May of 1998 by a Cambodian NGO with experience in undertaking public surveys. The survey found that there were 1818 households living in and/or deriving income from the RoW who could be considered PAPs eligible for compensation, and that almost 700 structures would have to be removed in order for the upgrade to take place. A diskette containing the raw survey data submitted by the NGO is included with this document The entitlement policy, which defines the criteria used in determining which PAPs are eligible for compensation, is described in detail in Section 4. There are four types of compensation available to PAPs: i. compensation for loss of land and assets; ii. compensation for temporary loss of livelihood; iii. compensation for loss of community structures/facilities; and iv. a flat shifting allowance. The estimated total cost of compensation is US$284,880. Compensation payments for various losses are summarized in Table 6 of the RAP and further delineated in Section 9. They include: * dismantling and replacing or rebuilding any structures affected by the project (both private and communal structures); * finding new land for PAPs to occupy and cultivate within the RoW; * temporary loss of employment; * monetary compensation for loss of annual income due to lost crops, both perennial and annual (plus a flat payment for loss of future income from felled fruit trees); * replacing wells and reconnecting any utilities which were disconnected through relocation; iv  * a US$40 (Riel 144,000) shifting allowance paid to each PAP household to compensate for lost income and the general inconvenience of having to relocate; and * additional compensation for vulnerable groups of PAPs who suffer more, economically or socially, from relocation and rehabilitation than the general population. The project implementation unit (PIU) and an independent monitoring or auditing agency will record and observe compensation procedures, and verify that any persons erroneously excluded from the census survey are compensated appropriately for their assets. Grievance procedures also will be explained to PAPs at the time of compensation. Periodic monitoring of RAP implementation by an external auditor (NGO or consultant) will determine whether compensation measures are achieving their intended goals, to correct any shortcomings of the compensation, and to examine the overall effect that resettlement is having on the PAPs and their socio-economic status (for more details see Section 7). The administrative and monitoring costs for the RAP are estimated to be US$75,000, bringing the total estimated cost of the RAP over a 4-year implementation period to US$359,880. v  1 INTRODUCTION This Resettlement Action Plan (RAP) is a guide specified by the World Bank and approved by the RCG. It defines which households will be negatively affected by the Cambodia Road Rehabilitation project, where they are located, what compensation measures are to be provided, and how and when these measures must be implemented. The RAP has been completed as accurately as possible, yet changes are likely because it is a "living document", and information may need to be adjusted,' verified, and updated regularly. In view of these possible adjustments, the Project Implementation Unit (PIIJ) should use the RAP as a planning tool, since it should provide relevant and up-to-date guidance. This RAP, although part of the Initial Environmental Assessment, has been prepared as a separate document since it must undergo an extensive approval process and, if too closely tied to the IEA and its EMAP, could delay the entire environmental documentation package. 1.1 PROJECT DESCRIPTION The project consists of the rehabilitation and, in a few cases, the reconstruction of roads in three regions of the country: Sihanoukville Municipality, Phnom Penh Municipality and Siem Reap (Map 1 and Map 2). Of the total 114 kilometers, approximately 25.4 kilometers pass directly through towns and urban areas, and 110.8 kilometers go through a rural agricultural setting, often passing small villages. The longest single continuous road section occurs in Siem Reap Province, and extends along NR6 (Map 1) for a distance of approximately 89 kilometers, from the intersection of the Siem Reap airport access road and NR6 to the provincial border with Kampong Thom. The four treatments proposed are resurfacing, rehabilitation, betterment and reconstruction. Definitions of these treatments can be found in Section 1.2 of the IEA. Within urban' areas, road improvements will not extend beyond the existing curbs, and will constitute the full 1 lm widening. No impacts are expected other than those related to normal construction period traffic delays, addressed in the terms and conditions, and specifications of the construction contract. Therefore, no further discussion of these urban sections is needed. Along rural sections of NR3 and NR6, betterment and reconstruction work is proposed. Taking a two-stage approach, roads will initially be widened and resurfaced to 8m (including two 0.5m shoulders), requiring the relocation back from the carriageway of all structures within the Corridor of Impact (CoI), mostly wooden stalls used by vendors and plots of cultivated vegetable gardens. More than 3000 tended fruit trees (mango, jackfruit, banana and guava) within the CoI will have to be cut down or, if small enough, transplanted. The second stage, some 10 to 15 years in the future, will involve a further widening to the llm national road standard, at which time a further 1.5 m will have to be cleared on both sides of the carriageway (Figure 1). This project will, with a handful of exceptions, require only a 'shifting back' of the encroachers, within the RoW. The lOm-plus wide strip of land remaining unused after the second widening will provide ample space for the relocation of displaced PAPs.3 A major part of the work will be the replacement and reconstruction of more than 50 culverts and bridges which were damaged or destroyed during past military actions or have broken down due to neglect. However, all new bridge/culvert installations will be to the full 1 lm dimension, since replacing these structures when stage two is initiated would be a huge additional cost. The construction work will be undertaken over a three-year period beginning at the end of 1999, with most project roads in operation by 2003 (Table 4). l The entitlement policy (Section 4), defining PAP eligibility and the compensation packages to which each PAP is entitled, will not be changed without prior approval by the World Bank. 2 In this report, when referring to urban areas we mean roads within Sihanoukville, Phnom Penh and Siem Reap, but have not included the predominantly rural roads, passing through a number of small villages as found, for example, on NR6 and NR3. 3In this report, unless specifically defined, PAPs refers to all eligible project-affected people. 1  Map I The NR6 Study Area from the Airport Access Road to the Border of Siem Reap Province, and Urban Sections through Siem Reap _~~~~ HHK= -i 11 1 Phnom Tom in Batiambang Plovince_ KGampeng Thutm in Kampong Thom Province Pit PhnomntKbangatKtalzub - _ - . - _ _ Base course material only_ L __ _ =LEGE D _ __ __ Recommended Road Sections - Studied Road Sections Existing Roads not included in the Study - = - = - - _ = - = ASSto BaWeySri l l l l l l | Acc ~~~( SRE nySI_) L a to B P tey Srei Phnom Boc (sit) BorrowPit Link t vmmAn korWat _ +~~~~~~~~~~~~~~~~~~~~~1 I 2= M i i. a= SS roa to cyScTaople | Siem Fcp Aimon Il......... .=[ X ~~~~~Airr 3r Aces Road ......... _ a uz | ~( SRE I) r I I r I F-rT- I - (SREt) -. -..-) A to I N 6 to PM CdB) I Wt M~~~~~~~~~ac ! to S [ A t |i RespF 1 | |- --R= NR6( SpE2A) f1 S_22F_ IT1 r jTtRIA t Dst" a B l a No. 2  Map 2 Study Area in Slem Reap Province- NR6 (SRE 2B to SRE 21i) g Bas cowsemakn lonly I I I IPhr t. +-HL I I I I 1 11111 11111 1 t~~~~ I