China - Second Jiangxi Highway Project : resettlement action plan (Vol. 2 of 2) : Plans for the Suichuan-Chezi ' ao section, the Yutian-Xinjiang section, the Shashipu-Wangmudu section, and the Tangjiang-Dongshan section.

RP-60 VOL. 2 iDocemeut of World Beak Phaneed Pre. The People's Republic of China The World Bank Financed RRIP Project Suichuan--Chezi'ao Section Yutian-Xinjiang Section Shashipu-Wangmudu Section Tangjiang-Dongshan Section Resettlement Action Plan (Second Edition) Pr*WRakmenOffie TheWoddBankLanPmjectOfficeofJPCD December 2000 Jiangxi China   Objectives of RAP and Definition of Resettlement Terminology This Resettlement Action Plan (RAP) is prepared according to the Laws and Regulations of PRC, and Jiangxi Province as well as the Guidelines of the World Bank (Operational Directive for Involuntary Resettlement OD 4.30). The purpose of this document is to set out an Action Plan for the Resettlement and Rehabilitation of Project Affected Persons (PAPs) to ensure that they wrill benefit from the project and their standards of living will improve or at least be restored after the project impact. Acquisition of land and other assets for the project will adversely affect the livelihood of persons who live, work or earn their living on the land that will be acquired for the project. PAPs are defined as those persons whose income or livelihoods will be adversely affected by land acquisition for the project. PAPs include the following categories: a) persons who have a title, right, interest, in structures (houses, enterprises, shelters, or public buildings), and (including residential, agricultural, and grazing land) or any other asset acquired or possessed, in full or in part, permanently or temporarily; b) persons who use the structures, and or assets described above; or persons whose business, occupation, work, place of residence or habitat adversely affected; or c) persons whose standard of living is adversely affected as a consequence of land acquisition. A definition of PAPs is given below: Definition of the PAPs: "Affected Persons" means persons who on account of the execution of the project had or would have their: a) standard of living adversely affected; or b) right, title or interest in any house, land (including premises, agricultural and grazing land) or any other fixed or movable asset acquired or possessed, temporarily or permanently; or c) business, occupation, work or place of residence or habitat adversely affected, and "Affected Person" means individually all those who qualify as "Affected Persons". PAPs may individuals or legal persons such as a company, a public institution. Definition of PAPs is not limited to their legal registration or permission to live or conduct business in the affected location, or their title to property. Thus it includes: a) all those affected by the project regardless of their legal rights or absence thereof to the assets being taken; and b) persons without residential permit to live in a certain area. Therefore, all such persons who are affected will need to be considered and recorded as PAF's, regardless of their legal connection to assets land or location. If there are more than one person, family or household using or holding a title to the same land or property that is acquired, they will be compensated and rehabilitated according to the loss they suffer, their rights and the impact on their living standards the definition of PAPs is linked directly to the adverse effect of the project, regardless of legal rights title or interest. All PAPs are entitled to the improvement or at least restoration of their standards of living, and compensation for the material losses they suffer. Compensation for assets will cover replacement cost. No deductions or discounts will be applied to compensation amount for depreciation or other  reasons. All PAPs deriving economic benefit from the affected land and property are entitled to receive rehabilitation benefits in addition to the compensation for their assets lost. Those PAPs without title, authorization or legal permission to reside, conduct business, livelihoods and compensation for their assets on an equal footing with those with formal legal title, authorization or permissions to the assets. The term RESETTLEMENT includes: a) the relocation of living quarters; b) finding acceptable new employment for those whose jobs are affected; c) restoration (or compensation) of affected productive resources such as land, work-places, trees and infrastructure; d) restoration of other adverse effect on PAPs' living standards (quality of life) through land acquisition (such as the adverse effects of pollution); e) restoration of or compensation for affected private and public enterprises; and f) restoration of adversely affected on cultural or common property. Rehabilitation means: the restoration of the PAPs' resource capacity to continue with productive activities of lifestyles at a level higher or at least equal to that before the project. The objective of this RAP is to provide a plan for the resettlement and rehabilitation of the PAPs so that their losses will be compensated and their standards of living will be improved or at least restored to the pre-project levels. To achieve these objectives the plan provides for rehabilitation measures so that the income earning potential of individuals are restored to sustain their livelihoods. Affected productive resources of businesses (enterprises including shops) and public property, infrastructure and cultural property will also be improved or at least restored to their pre-project levels.  Terms of Reference for Monitoring Resettlement Activities Second Jiangxi Provincial Highways Project Introduction 1. The :Second Jiangxi Provincial Highways Project will displace or adversely affect standards of of people living conducting economic activities within the right of way. To ensure that the project affected persons (PAPs) maintain or improve on their current standard of living, the World Bank Loan Project Office (WBLPO) has prepared a Resettlement Action Plan (RAP). The RAP sets the standards on the basis of which PAPs will be rehabilitated. In order to minimize the difference between the implementation and the resettlement policy, the RAP will be implemented by Resettlement offices of the affected cities and counties under the direction of the Provincial Resettlement (PRO) of the WBLPO. The effectiveness and impact of RAP of the RAP will be monitored intemally by the PRO. WBLPO has also contracted the services of the City and Population Research Institute (CPRI) of Jiangxi Normal University and the Population Research Institute (PRI) of Wuhan University to act as the Independent Monitoring Organization (IMO) to monitor and assist the responsible resettlement organizations in achieving the objectives of the RAP as well as to ensure that the PAPs take an active part in the process of their own rehabilitation. 2. This terms of Reference outlines the resettlement monitoring work to be undertaken by the PRO and the IMO which have already been agreed and reflected in the RAP. Sjope of Work: Internal Monitoring 3.Intemal Monitoring of the complete resettlement organization will be undertaken by the PRO to ensure that all the responsible units follow the schedule and comply with the principles of the RAP The purpose of this monitoring mechanism is to maintain the satisfactory functioning of the resettlement organization during the implementation. 4. PRO will develop an intemal monitoring framework to supervise resettlement activities by employing the database of the PAPs and their assets as the basis of the framework. PRO will maintain the a data base and monitor the progress in resettlement preparation and implementation through a 100% monitoring of the activities with the assistance of City and County Resettlement Offices (CIROs and COROs). 5. Relevant sections of the database will be shared with the CIROs and COROs. During the preparation of RAP the staff of CIROs and COROs will be trained in the use of the data and their offices will be equipped with necessary equipment to process the data. 6. During the implementation, CIROs and COROs will record implementation information on individuals, households and units on formats prepared for monitoring and deliver the record of the current activity (in electronic form) to the PRO. In this way a continuous monitoring will be maintained. The PRO will conduct periodic supervision of resettlement at the village and township level (and covering all townships) to verify the reported progress on a random basis. 7. Indicators to be Monitored: PRO will be responsible to monitor the following indicators.  * Payment of compensation to the PAPs/units * Allotment of house plots. * Reconstruction of private housing. * Relocation of PAPs * Land readjustment for the PAPs losing land * Provision of employment to surplus labor and evaluation on the adequacy of employment in terms of security, public health, skill levels and incomes. . Rehabilitation of the vulnerable groups. * Rehabilitation of infrastructure and public buildings. * Restoration of affected enterprises and replacement of jobs of the surplus labor of those enterprises. * Scheduling of the above. * Conformity of the above with the provisions of the RAP and O.D. 4.30. * Adequacy participation of (and consultation with) the PAPs during implementation. * Staffing, training, work schedule and effectiveness of local Resettlement Offices. Scope of Work: Independent Monitorinsg 8. In addition to intemal monitoring, the IMO will undertake the Independent Monitoring of the resettlement component to observe i) the functioning of the resettlement network including the PRO; and ii) the adjustment of the PAP to their new lifestyles. The IMO will be responsible to conduct evaluation of the implementation process and the measurement of the standards of living of the PAP. 9. The purpose of independent monitoring is to provide an evaluation of resettlement by an organization independent from government administrative department, looking at he overall implementation from a broader, long term point of view. The IMO will follow the resettlement activity to evaluate whether the goals of resettlement are achieved through i) the application of the Laws of PRC pertaining to resettlement; ii) compliance with the principles of the World Bank's Operational Directive O.D.4.30 ON involuntary Resettlement; and iii) an improvement in the standards of living of the PAP or at least maintaining the pre-project levels of well-being. 10 Responsibilities of the IMO: IMO will act as an independent advisor to the project and the PRO in evaluating the resettlement performance and suggesting alternative courses of action in case problems are anticipated in the achievement of the stated goals of the RAP. Especially the IMO will undertake the following activities listed in this section. 11. Separate interviews with the PAPs and observational methods will also be utilized to supplement and guide the structured interview format. The IMO should facilitate the participation of the PAPs in the resettlement process through monitoring the resettlement consultation. 12. Public Consultation: IMO will participate in public consultation meetings held at the village and town level on a regular basis. By monitoring these meetings IMO will evaluate the effectiveness of the PAPs participation, and the incorporation of the PAPs concerns into the RAP and its implementation. IMO will also consult with the- PAPs to understand the knowledge, inclination and the wishes of the PAPs in restoring their livelihoods and report its findings to the  PRO. These activities will continue before during and after the implementation of resettlement. 13. Grievance Issues: IMO will regularly visit the affected sites and inquire about the grievance issues by checking the contents of written grievances and also by interviewing the PA]Ps. Effectiveness of the grievance resolution framework will be constantly monitored, and if necessary, suggestions will be made for possible changes in the procedures to make the process more effective. 14. Other Responsibilities: IMO will also advise the PRO during the preparation and implementation of the RAP, preparation of village level implementation plans for the use land-compensation funds, and monitor the following indicators: * Payment of compensation and its standards; * Land readjustment; * Preparation and adequacy of resettlement location; * House construction; * Resettlement of the PAPs;