China - Chongqing Urban Environment Project : resettlement action plan (Vol. 8 of 9)

PEOPLE'S REPUBLIC OF CHINA World Bank-financed CHONGQING URBAN ENVIRONMENT PROJECT RESETTLEMENT ACTION PLAN (the fifth draft) RP- 20 VOLUME Vil VOL. 8 for SHIZHU WATER SUPPLY COMPONENT Shizhu County Tap Water Supply Co., Ltd. 100709. R7 January 2000 Assisted by SHANGHAI ACADEMY OF SOCIAL SOGRE__AH SCIENCES  I  Contents Chapter 1 Brief Description of the Project Chapter 2 Required Land for the Project Chapter 3 Objective of the Resettlement Program Chapter 4 Minimization of Land Acquisition and Resettlement Chapter 5 Census and Socio-economic Survey of the AfTected People and Assets 5.1 Brief account of the census of the affected people and assets 5.2 Impact dimensions 5.3 Land acquisition 5.4 Affected houses 5.5 Affected units and enterprises 5.6 Affected crops 5.7 Affected infrastructure and other main assets 5.8 Project-affected persons 5.9 Affected vulnerable groups 5.10 Affected minority people 5.11 Socio-economic survey Chapter 6 Legal Framework 6.1 Brief account 6.2 National Laws and Regulations 1  6.3 The national Laws and Regulations concerning minorities 6.4 Regulations of the Chongqing Municipality 6.5 Resettlement entitlement policy 6.6 Compensation rates Chapter 7 Institutional Arrangements 7.1 Establishment of the resettlement agencies 7.2 Staffing of the special agencies 7.3 Responsibilities of the agencies 7.4 Training and development of the resettlement staff 7.5 Organizational chart Chapter 8 Costs and Budget 8.1 Flow of funds 8.2 Base cost 8.3 Costs of preparing the RAP and monitoring and evaluation (M&E) 8.4 Administrative costs 8.5 Contingencies 8.6 Annual cost estimates Chapter 9 Implementation Arrangements 9.1 Job creation 9.2 Housing resettlement 9.3 Resettlement of the affected units and infrastructures 9.4 Resettlement of the vulnerable groups 9.5 Resettlement actions and implementation schedule 2  Chapter 10 Consultations and Participation 10.1 Consultations and participation 10.2 Resettlement Information Booklets (RIBs) Chapter 11 Redress of Grievances Chapter 12 Internal and External Monitoring and Evaluation 12.1 Internal Monitoring 12.2 External Monitoring and Evaluation 12.3 Submission of the monitoring reports 3  I  RAP for the Shizhu Water Supply Component of CUEP Chapter 1 Chapter 1 Brief Description of the Project The Chongqing Shizhu Water Supply Component (hereinafter referred to as the Component) is an important component of the World Bank-financed Chongqing Urban Environment Project (hereinafter referred to as CUEP), which is located in Nanbin Township, Shizhu Tujia Nationality Autonomous County. Nanbin is the administrative center of Shizhu County of Chongqing Municipality. It lies on the Longhe River about 40 km from the right bank of the Yangtze River. The current population of 30,000 is projected to rise to 56,500 in 2010 and over 70,000 in 2020. The total population served by the current water supply service area is estimated at 20,000. There is an old existing waterworks of capacity 10,000 cu.m/d whose intake is at risk from pollution. Water demand is projected to rise to over 15,000 cu.mld in 2010 and approximately 30,0000 cu.m/d by 2020. The existing water supply facilities of Shizhu County have become outmoded, low in the technical standard and poor in capacity. In addition, the water source pollution is becoming more and more serious. It is apparently unable to keep abreast of the socio-economic development in those areas and thus urgently in need of reconstruction and upgrading. The brief introduction of the item relating to resettlement is as follows: 1  RAP for the Shizhu Water Supplv Component of CUEP Chapter 1 Table 1.1 The brief introduction of the Component item relating to location features resettlement the new-built Hongchun Village, taking the Long River as the water waterworks and Shuangqing Township source, designed short-term water water distribution in the suburb of the supply capacity of 18 thousand cu.m/d, pipelines Nanbin Township long-term of 33 thousand cu.m/d. The civil construction of the Component is planned to be commenced in August 2000 and completed in 2001. To be more intuitionistic, please see Figure 1: Figure 1: Location of waterworks in Shizhu Rivers WTW Proposed Existing 2  RAP for the Shizhu Water Supply Component of CUEP Chapter 1 The techno-economic feasibility study for the Component was jointly prepared by the Shanghai Construction Design and Research Institute of the Shanghai Municipal Administration and the Architecture Design and Research Institute of the Chongqing University, and the report was submitted in January 1999. The total investment of the first issue of the Component is RMB 56,000,000 among which, RMB 28,000,000 financed by the World Bank, RMB 8,000,000 financed by the domestic industrial and commercial banks, RMB 15,000,000 raised by the local loan and RMB 5,000,000 raised by the company itself. Since the Component involves the construction of the new areas, land acquisition and resettlement will arise. A feasible Resettlement Action Plan (RAP) will be necessary for the Component. The RAP of the component is strictly prepared in accordance with both the I-XII terms of the Proposed Outline of the Resettlement Action Plans (RAP) for CUEP from the World Bank in March 1997 and the related requirements of all the Aide Memoires for CUEP from the World Bank. 3  I  RAP for the Shizhu Water Supplv Component of CUEP Chapter 2 Chapter 2 The Required Land for the Project The Component requires 28.80 mu (less than 2 ha) of land which is located in the 7th Villager Team of the Hongchun Village of the Shuangqing Township in the suburb of the Nanbin Township, and the total land needs to be acquired. It is described as follows: Table 2.1 The Required Land for the Component No. affected area unit Hongchun A B C 1 Component-possessed land mu 0 | 2 | land to be acquired mu 28.80 3 required land for the Component mu 28.80 For the details of the land acquisition, please refer to Section 5.3. 5  RAP for the Shizhu Water Supply Component of CUEP Chapter 3 Chapter 3 The Objective of the Resettlement Program The main objective of the resettlement program is to ensure that the living standards, income-earning capacity, and production levels of the project-affected persons (PAPs) can be improved, or at least restored to the levels they would have had without the Component. Therefore, a series of measures will be taken to safeguard the entitlements of the affected people: 1. Ensure that all PAPs receive compensation at replacement cost for their total loss due to the Component, and are well resettled and rehabilitated so that they can share the benefits of the Component; 2. Special care will be taken for the vulnerable groups (including the poor households, the households having the disabled members, the households headed by the women and the households where the aged live alone), such as assistance in building and moving into their new houses, and receiving specific compensation. 3. Provide adequate compensation for the cultivated land acquisition to the collective. The compensation will mainly be used to increase the productive capacity of the collective; 4. The implementation of the land acquisition and resettlement will be monitored and evaluated (M&E) by the independent monitoring institute. The 7  RAP for the Shizhu 'Water Supply Component of CUEP Chapter 3 representatives of the PAPs will participate in the resettlement and the special institution will provide avenues for the PAPs to redress their grievances. 8  I  RAP for the Shizhu WVater Supplv Component of CUEP Chapter 4 Chapter 4 Minimization of Land Acquisition and Resettlement The World Bank's policy requires that all viable alternative project designs has been explored to avoid the need for involuntary resettlement. Following the policy, the Component owner and the departments concerned have used all kind of methods in minimizing the land acquisition and resettlement and reducing the negative impacts on the cultivated land, housing and units. The measures are as follows: 1. As early as the techno-economic feasibility study and the preliminary engineering design for the Component, the departments concerned planned and designed the schemes according to the principles such as economizing on land, reducing the cultivated land acquisition, not taking high-yield land and minimizing the building relocation. They solicit opinions from the local governments and villagers in the affected areas, and decided the scheme on the basis of repeated comparison of the different schemes. Therefore, the Component impact on the cultivated land and housing has been reduced as much as possible. 2. As soon as the resettlement starts, the implementation will be carried out in accordance with the RAP to minimize the Component impact. A series of measures will be taken to rehabilitate or reconstruct the affected residents and infrastructure as soon as possible. 3. Even when the civil construction of the Component is initiated, further efforts, such as technological innovation and strengthening the management of 9  RAP for the Shizhu Water Supply Component of CUEP Chapter 4 construction, can be made to mitigate negative impacts on the affected areas and convenience the PAPs' work and life. 10  RAP for the Shizhu WN'ater Supply Component of CUEP Chapter 6 Chapter 5 Census and Socio-economic Survey of the affected people and assets 5.1 Brief account of the census of the affected people and assets In order to know exactly and completely the impacts of the land acquisition and resettlement of the Component, before the compilation the RAP, the Chongqing Management Office of the World Bank's Capital Utilization (PMO) made arrangements for the census of the affected people and assets of all the CUEP components. The preparation for the census was done meticulously: working out the explicit investigating plans; designing all the survey tables; training the investigators; making the contacts in advance with the governments and the relevant agencies in the affected areas; conducting the trial survey on site to verify the survey tables and show the investigators how to do it. 5.2 The impact dimensions The Component will requisite 28.80 mu rural collectively owned land including 25.89 mu cultivated land. 36 households or 153 individuals are affected by the cultivated land acquisition. A detailed breakdown of land requisition and resettlement impact for the Component is as follows: 11  RAP for the Shizhu Water Supply Component of CUEP Chapter 6 Table 5.1 The Impact Dimensions of the Component No. item unit Hongchun A B C 1 cultivated land acquisition mu 25.89 2 non-cultivated land acquisition mtu 2.91 3 total land acquisition mu 28.80 4 total affected buildings sq.m 0 5 households affected directly no. 36 6 PAPs affected directly person 153 7 affected administrative villages no. 1 8 affected villager teams no. 1 5.3 The land acquisition Table 5.2 The Land Acquisition of the Component No. item unit Hongchun A B C 1 irrigated land mu 22.30 2 dry land mu 3.59 3 vegetable land mu 4 fish pond mu 5 sub-total mu 25.89 6 waste land mu 7 house plot mu 8 water area mu 9 furrow mu 1.75 10 path mu 1.16 11 ____ sub-total mu 2.91 12 total mu 28.80 13 total area of the existing cultivated land mu 1,018 14 the percentage of the acquired cultivated land % 2.54% in the existing cultivated land 12  RAP for the Shizhu Water Supply Component of CUEP Chapter 6 5.4 The affected houses There are no affected houses in the Component. 5.5 The affected units and enterprises There are no affected units and enterprises in the affected areas of the Component. 5.6 The affected crops According to the survey, the crops covering 25.89 mu of the cultivated land will be affected by the Component. Among the affect land, there are 22.3 mu irrigated land and 3.59 mu dry land. 5.7 The affected infrastructure and other main assets 13  RAP for the Shizhu Water Supply Component of CUEP Chapter 6 Table 5.3 The Affected Infrastructure and Other Main Assets of the - Component No. item unit Hongchun __A B C 1 stunning ground sq.m 2 stone bank cu.m 3 fruit trees no. 18 4 fruit tree seedlings no. 33 5 miscellaneous trees no. 19 6 miscellaneous tree seedlings no. 5 7 pond cu.m 8 tombs no. 5 9 wire poles(9m and over 9m) no. 10 wire poles(below 9ms) no. 1 11 wires meter 60 5.8 The project-affected persons Table 5.4 The Project-affected Persons of the Component No. item unit Hongehun A B C 1 households only affected by the cultivated land no. 36 acquisition 2 persons only affected by the cultivated land person 153 acquisition 3 households affected by the house relocation no. 0 4 persons affected by the house relocation person 0 5 affected units and enterprises no. 0 6 staffs of the affected units and enterprises person 0 7 total affected households no. 36 8 total affected persons person 153 14  RAP for the Shizhu Water Supply Component of CUEP Chapter 6 5.9 The affected vulnerable groups The Component will affected 2 disabled persons in 2 household and special care will be taken for them (see Section 9.4 for details). 5.10 The affected minority people Through detailed socioeconomic survey it is concluded that all of the affected people are ethnic minority people, the Tujia nationality and that they are only affected by cultivated land acquisition for the Component. With over 270,000 in population, the Tujia nationality is the largest ethnic minority group and takes up 55% of the population in the Shizhu Tujia Nationality Autonomous County. The Tujia nationality in Shizhu County is derived from other nationalities, who are mainly Han nationality and who migrated from Hunan, Hubei, Guangdong Provinces and Guangxi Zhuang Autonomous Region, and local Ba people through long period of living, intermarriage and procreation. The Tujia people are mostly living in mountain areas. The Tujia people do not have their own language and use Chinese language. The Tujia people intermarry with the Han people and use the same complex lunar calendar and festival system as the Han people. Today they do not attempt to identify themselves through distinctive dress, foods, housing styles or special customary ways. The Component is located in mountain area and agriculture is the predominant industry in the Component area. The Tujia PAPs are depending on agriculture 15  RAP for the Shizhu WVater Supply Component of CUEP Chapter 6 for their livelihood. The crops along the area include paddy, corn, wheat and sweet photo. Cash crops include coptis, tung oil and raw lacquer. China has a complete legal framework for the protection and development of the national minorities (for details please refer to Section 6.3). Shizhu County is a Tujia nationality autonomous county. The position of the county head is always occupied by the Tujia people. The Tujia people can be found working at all levels of government. Like the rest of China, the Tujia people have the political rights to select and vote for village leaders for governance. Such a wide representation of the Tujia people helps to ensure sensitivity about the Tujia development issues. There are two types of land ownership in China, i.e. state-owned land and collectively-owned land. Village land, including residential and agricultural land, is collectively owned by all the villagers. China started the household land contract system in 1979. Under the system, the collective agricultural land is contracted out to individual households for farming. In the Component-affected area, the same land system is applied. The adverse impact on the Tujia people caused by land acquisition will be mitigated by resettlement activities in line with the RAP. The RAP has designed a strategy, which was prepared in consultation with local governments and the Tujia people, of resettlement and rehabilitation for the Tujia people. This strategy will be implemented through compensation payment for lost assets, redistribution of the collectively-owned land and production development activities. 16  RAP for the Shizhu WVater Supply Component of CUEP Chapter 6 Additionally, the following special activities have been done or will be done for the Tujia people (See relevant chapters for details): * Include the Tujia people for the field investigation work; * Include the Tujia officials in local resettlement offices; * Include the Tujia members as part of the external monitoring team; Include the Tujia people concerns as one of the main subjects for the external monitoring. All the above-mentioned actions designed specifically will ensure that the compensation and resettlement packages in the RAP are appropriate to the affected Tujia people and sufficient for the improvement in, or at least for the restoration of their livelihood. 5.11 The socio-economic survey In order to provide the reference material for the compilation of the RAP, the initial socio-econonilc survey of the PAPs was conducted while conducting the census of the affected people and assets. And later some supplementary investigations were carried out. The survey involved the present socio-economic situation of the affected areas and affected persons, PAPs' attitudes to the Component and the resettlement, and PAPs' requirements on compensation and resettlement. During the investigation, the PAPs have put forward some requirements according to their actual situation. Since the PAPs' most striking characteristic is that they are all the farmers who earned their living from the soil, land is the foundation for the economic development of all the agricultural persons. They demand to be resettled in agricultural way; they should be informed before 17  RAP for the Shizhu W ater Supply Component of CUEP Chapter 6 acquisition as earls as possible; they can be given rational compensation; the compensation fee can be paid timely. When formulating the compensation and resettlement policies and resettlement and rehabilitation plan, the ethnic minority population's rational requirements have been fully considered. The main socio-economic indicators of the affected districts are listed below: Table 5.5 The Main Socio-economic Indicators of the Affected District No. item unit Shizhu A B C 1 total population person 490,000 2 non-agricultural population person 54,300 3 agricultural population person 435,700 4 total area sq.km 3,013 5 T cultivated land area mu 458,805 6 average cultivated land per mulperson 1.05 agricultural person 7 local r evenue RMIB 49,620,000 8 per capita yearly income of the RM[B 1,166 agricultural households _ The land acquisition and resettlement of the Component will have considerable influence on the career, education, living conditions, life style, and cultural activities of the PAPs. The construction of the Component will develop local economy and provide local people with new job opportunities; More contact with the outside will widen horizons of the people in the affected areas; The PAPs' housing conditions will be improved as far as possible. The follow-up socio-economic survey of the PAPs will be completed and reported 18  RAP for the Shizhu WNater Supply Component of CUEP Chapter 6 in the future by the independent monitoring institute. 19  I  RAP for the Shizhu WN ater Supply Component of CUEP Chapter 6 Chapter 6 Legal Framework 6.1 Brief account The RAP of the Component is prepared in accordance with the laws and regulations listed below and the World Bank O.D 4.30 on Involuntary Resettlement. The resettlement implementation of the Component will be based on the specific provisions of the RAP agreed between the World Bank and the Borrower (the Component Owner). Policies on land acquisition and resettlement are formulated at three levels of government in China: The central government has established the basic policy framework through promulgation of national regulations and implementation guidelines; Provincial governments have issued either general or project-specific regulations on implementation of national regulations; Prefectures, municipalities and counties have issued regulations applying to specific projects. 6.2 The national Laws and Regulations The following laws and regulations comprise the key policies on land acquisition, civil planning,: 21  RAP for the Shizhu WN ater Supply Component of CUEP Chapter 6 1. The Law of Land Administration of the People's Republic of China (passed by the 16th session of the 6th National Congress in June 1986, revised first by the 5th session of the 7th National Congress in December 1988, revised second by the 4th session of the 9th National Congress in August 1998 and coming into force from January 1, 1999), Implementation Regulations of Land law (coming into force from January 1, 1999). 2. The State Forestry Law (coming into force from January 11, 1985) and its implementation regulations (coming into force from May 10, 1986). 3. The Provisional Regulations of the State Cultivated Land Occupation Tax (coniing into force from April 1, 1987). 4. The Law of City Planning of the People's Republic of China (passed by the 11th session of the 7th National Congress in December 1989, and coming into force from April 1, 1990) 5. The Regulations on Management of Demolishing Urban Houses of the People's Republic of China (passed by the 76th routine session of the State Council in January 1991, and coming into force from June 1, 1991) Major provisions of the Law of Land Administration, the most important part of the above laws, are as follows: OwnershiD and Right of Use of Land Article 10 Land collectively owned by peasants shall be operated and 22  RAP for the Shizhu Water Supply Component of CUEP Chapter 6 managed by the rural collective economic organizations. Article 11 People's government at the county level shall register and put on record lands collectively owned by peasants and issue certificates to certify the ownership concerned. People's government at the county level shall register and put on record the use of land collectively owned by peasants for non-agricultural construction and issue certificates to certify the right to use the land for construction purposes. People's government at the county level shall register and put on record uses of land owned by the State by units or individuals and issue certificates to certify the right of use. Article 12 Changes of owners and usages of land, should go through the land alteration registration procedures. Land for Construction Purposes Article 45 The acquisition of the following land shall be approved by the State Council: 1. Basic farmland; 2. Land exceeding 35 hectares outside the basic farmland(1 hectare equals 15 mus); 3. Other land exceeding 70 hectares. Acquisition of land other than prescribed in the preceding paragraph shall be approved by the people's governments of provinces, autonomous regions and Shizhu Nanbinities and submitted to the State Council for the record. Article 47 In acquisition of land, compensation should be made according to 23  RAP for the Shizhu NXater Supply Component of CUEP Chapter 6 the original purposes of the land acquired. Compensation fees for land acquired include land compensation, resettlement subsidy and compensation for attachments to or standing crops on the land. The compensation fee for cultivated land should be 6-10 times the average annual production value per mu during the three years prior to acquisition. Based on the number of agriculture population to be resettled, the regulations stipulate payment of a resettlement grant. The amount of the resettlement grant is to be determined on a per capita basis and should be 4-6 times the average output value per mu during three years prior to land acquisition. The amount of the grant, however, should not exceed 15 times the average value of the produce. In reference to the land compensation and resettlement subsidy for cultivated land acquired, the provinces, autonomous regions and Shizhu Nanbinities should establish the of compensation rates for other types of land. The provinces, autonomous regions and Shizhu Nanbinities should determine the compensation rates for attachments and standing crops. In acquisition of vegetable fields in suburban areas, the units using the land should pay new vegetable field development and construction fund. Should the resettlement grant prove inadequate to maintain the previous living standards of the affected people, the people's governments of provinces, autonomous regions and Shizhu Nanbinities can increase the amount of the resettlement grant. But the combined amount of the compensation for land and resettlement grant should not exceed 30 times the average annual production value per mu during the previous three years. Article 49 Rural collective economic organizations shall make public to its members the receipts and expenditures of the land compensation fees for land acquires and accept their supervision. 24  RAP for the Shizhu NVater Suppli Component of CUEP Chapter 6 It is forbidden to embezzle or divert the land compensation and other related expenses. Article 50 Local people's governments at all levels shall support rural collective economic organizations and persants in their efforts toward development and operations or in starting up enterprises. 6.3 The national Laws and Regulations concerning minorities China has established a complete legal framework for the protection and development of the national minorities. This legal framework consists of The Constitution of the People's Republic of China L Law on Autonomy in Nationality Minority Regions - Administration Regulation in Nationality Minority Townships * Law on Villager Committee Organization 1. The Constitution of the People's Republic of China The Constitution provides that "all nationalities in the people's Republic of China are equal. The State guarantees the equality, unity and helping relations of all nationality minorities. The State forbids discrimination and oppression against any nationality minorities. The State forbids any activities against the unity of all nationalities and of racial separation. The Constitution also states that the State supports all nationality minorities in their economic and cultural development according to their needs and characteristics. Areas of nationality minority concentration will practice autonomous administration with the establishment of their autonomous administration bodies and the right of autonomous administration. All 25  RAP for the Shizhu Water Supply Component of CUEP Chapter 6 autonomous nationality minority areas are an inseparable part of People's Republic of China. All nationality minorities have the freedom to use and develop their own oral and written language, maintain or reform their traditions and customs." The Constitution also provides clear stipulations for the establishment of the regional autonomous governments. 2. The Law on Autonomy in Nationality Minority Regions The Law provides for the establishment of nationality minority autonomous areas. The Law stipulates that, apart from the same responsibilities accorded to the same level of local governments, the authorities of the Autonomous Areas have the following responsibilities for autonomous administration: i) autonomous legislative powers, ii) autonomy in management of local political affairs, iii) autonomy in management of local economic development, iv) autonomy in management of local financial affairs. v) autonomy in the management of local affairs in science, education, culture, vi) autonomy in organizing local public security forces, vii) autonomy in using and developing nationality minority languages and viii) autonomy in training and employing nationality minority cadres. The Law stipulates that the chairman of the people's government of an autonomous region, or prefecture or county, must by law be a member of the nationality or one of the nationalities for whom the autonomous area is established. Other leadership and administrative posts ought to be filled by members of that nationality or other minority nationalities living in the area to the greatest extent possible. The Law also gives autonomous area governments a wide range of economic rights and responsibilities. The law also provides a guarantee of religious freedom and of freedom not to believe. The law also 26  RAP for the Shizhu Water Supply Component of CUEP Chapter 6 stipulates that "the autonomous administration should support other nationality minority groups living in the autonomous region to establish their local autonomous administration or nationality minority townships. The autonomous administration should support all nationality minorities in the autonomous regions in their economic, education, cultural and health development." 3. The Administration Regulation in Nationality Minority Townships The Regulation stipulates that autonomous township administration should be set up in areas where nationality minority population live in concentration and that the township autonomous administration, in consideration of local needs and nationality minority characteristics, govern according relevant laws and regulations. 4. Law on Village Committee Organization The Law stipulates regarding the organization of villager committees in nationality minority villages. 6.4 The regulations of the Chongqing Municipality 1. The Sichuan Province Implementation Regulations of the State Land Law (passed by the 26th session of the 6th Sichuan Province's Congress on July 2, 1987, revised first by the 12th session of the 7th Sichuan Province's Congress on November 15, 1989, and revised second by the 15th session of the 8th Sichuan Province's Congress on June 20,1995). 2. Chongqing Management Methods of Land for Construction Purposes (passed by the 87th routine session of the Chongqing government in August 1991, and 27  RAP for the Shizhu NWater Supply Component of CUEP Chapter 6 coming into force from September 1, 1991). 3. Chongqing Declaration, Examination and Approval Procedures of Land for Construction Purposes (coming into force from November 23, 1988). 4. The Chongqing Urban Planning Management Regulations (passed by the 6th session of the 11th Chongqing City's Congress in March 1989, approved by the 9th session of the 7th Sichuan Province's Congress in May 1989, and coming into force from May 25, 1989). 5. The Chongqing Management Regulations on Demolishing Urban Houses (passed by the 27th session of the 11th Chongqing City's Congress in August 1992, approved by the 31st session of the 7th Sichuan Province's Congress in Septemnber 1992, and coming into force from November 3, 1992). 6. The Chongqing Fee Standards of Demolishing Urban Houses (passed by the 16th Chongqing City's session in April 1995, and coming into force from July 1, 1995). 7. The Chongqing Regulations on the Compensation and Resettlement for Land Acquisition (passed by the 36th Chongqing government routine session in April 1999, and coming into force from January 1, 1999). 8. The Chongqing Regulations on the Housing Resettlement for non- agricultural people changed from agricultural people due to land acquisition (coming into force from July 15, 1995). 28  RAP for the Shizhu Water Supplv Component of CUEP Chapter 6 9. The Notice of Chongqing Calculating Standards of resettlement fees for non-agricultural people changed from agricultural people due to land acquisition (coming into force from July 15, 1995). 10. The Chongqing Regulations on the Compensation for the Standing Crops and Attachments due to Land Acquisition (coming into force from September 15, 1995). 6.5 The Resettlement entitlement policy 1. All affected assets will be compensated at their full replacement cost without any deduction for depreciation; 2. Compensation payments will be made before the acquisition of land and assets; 3. Compensation rates were negotiated with the governments of the affected areas and the representatives of the PAPs; 4. All the resettlement houses will be ready before the old ones are demolished. 5. All affected persons who lose assets occupied by them before the Component cut-off date will be assisted in their efforts to restore their standards of living without discrimination on the basis of their tenure status. The Entitlement Matrix for each of the impact categories is as follows: 29  RAP for the Shizhu Water Supply Component of CUEP Chapter 6 Table 6.1 The Entitlement Matrix impact receivers entitlements basis for calculating implementors categories compensation cultivated affected land compensation; land compensation and district, land village, resettlement subsidy; resettlement subsidy: 10 times township affected land redistribution average annual production resettlement farmers value per mu during the 3 years offices prior to acquisition. other types of affected land compensation land compensation: 3 times district, land adniinistrative average annual production township villages value per mu during the 3 years resettlement .___________ .___________ prior to acquisition offices tanding crops affected cash compensation cash payment: 600 RMB/mu village farmers administrative committees affected owners of the cash compensation; replacement price will be district, infrastructure infrastructure minimization of calculated according to the township relocation and original level, description, resettlement reconstruction in quality and amount offices advance affected other affected asset cash compensation replacement price will be district, assets owners calculated according to the township original level, description, resettlement ____ _ _ quality and amount offices 6.6 The compensation rates According to the relevant laws and regulations, with reference to the actual conditions of the Component, and through the consultation with the local governments and the representatives of the PAPs from May 1999 to October 1999, the compensation rates are listed in Tables 6.2-6.3. The compensation rates to be paid for affected land, structures land other assets will not be below the levels given in Tables 6.2-6.3 and will be adjusted by the actual inflation rate from October 1999 to the time when the compensation is actually paid. 30  RAP for the Shizhu WN ater Supply Component of CUEP Chapter 6 Table 6.2 The land compensation rates of the Component No. item average land resettlement cultivated total annual compensation subsidies land output per multiplier multiplier occupation mu tax A 1 C D E F 1 irrigated 1200 6B 4B 3333 15333 land 2 dry land 900 6B 4B 3333 12333 3 furrow 800 3B 2400 4 path 800 3B 2400 Table 6.3 The compensation rates of the land attachments and other assets of the Component No. item unit rate A B C 1 standing crops compensation RMiBlmu 600 2 fruit trees RMB/unit 28 3 fruit tree seedlings RMEB/unit 4 4 miscellaneous trees RMB/unit 12 5 miscellaneous tree seedlings RMIB/unit 2 6 tomb RM7B/unit 180 7 wire poles(below 9m) RMIB/unit 35 8 wires RMIB/meter 1 31   RAP for the Shizhu Water Supplv Component of CUEP Chapter 7 Chapter 7 Institutional Arrangements 7.1 The establishment of the resettlement agencies To strengthen the coordination and management, and improve the institutional systeyn of the land acquisition and resettlement of the Component, the following special agencies have been set up: The Resettlement Leading Group of the Chongqing Urban Environment Project The Resettlement Office (PRO) of the Chongqing Urban Environment Project The Resettlement Leading Group of the Shizhu Water Supply Component The Resettlement Office (CRO) the Shizhu Water Supply Component The Shuangqing Township Resettlement Office The membership and function of the various resettlement institutions are described in detail in Section 7.2 and 7.3 of this chapter. For the establishment dates of the institutions, please refer to Table 9.3, Chapter 9. Other agencies concerning the land acquisition and resettlement are: The Chongqing Planning Committee The Chongqing Construction Committee The Chongqing Municipal Management Bureau The Chongqing Planning Bureau 33  RAP for the Shizhu Water Supply Component of CUEP Chapter 7 The Chongqing House and Land Administration Bureau The Chongqing Municipal Management Office of the World Bank's Capital Utilization (PMO) The Shizhu County Planning Committee The Shizhu County Construction Committee The Shizhu County State Land Bureau The Shizhu County World Bank Loan Project Management Office The Shizhu County Unified Land Acquisition Office The Shizhu County Tap Water Supply Co., Ltd. The Economic, Legal & Social Consultancy Center, the Shanghai Academy of Social Sciences (SASS) The construction, planning and house & land administration departments of the Shuangqing Township Administrative Committee The Hongchun Village Administrative Committee 7.2 Staffing of the special agencies 1. The Resettlement Leading Group of the Chongqing Urban Environment Project. It is composed of the relevant leaders from the Chongqing Planning Committee, the Chongqing Construction Comnittee, the Chongqing Municipal Management Bureau, the Chongqing Planning Bureau, the Chongqing House and Land Administration Bureau, the Chongqing Municipal Management Office of the World Bank's Capital Utilization (PMO), the Chongqing Fuling World Bank Loan Project Management Office, the Chongqing Wanzhou World Bank Loan Project Management Office, the Chongqing Qianjiang World Bank Loan Project 34  RAP for the Shizhu Water Supply Component of CUEP Chapter 7 Management Ofrice. A leader of the Chongqing Construction Commission is the head of the Project Resettlement Leading Group. 2. The Resettlement Office of the Chongqing Urban Environment Project. It is composed of the specialized personnel in charge of the land acquisition and resettlement from the Chongqing Planning Committee, the Chongqing Construction Committee, the Chongqing Municipal Management Bureau, the Chongqing Planning Bureau, the Chongqing House and Land Administration Bureau, the Chongqing Municipal Management Office of the World Bank's Capital Utilization (PMO), the Chongqing Fuling World Bank Loan Project Management Office, the Chongqing Wanzhou World Bank Loan Project Management Office, the Chongqing Qianjiang World Bank Loan Project Management Office. A leader of the Chongqing Municipal Management Office of the World Bank's Capital Utilization (PMO) is the head of the Project Resettlement Office. 3. The Resettlement Leading Group of the Shizhu Water Supply Component It is composed of the relevant leaders from the Shizhu County Planning Committee, the Shizhu County Construction Committee, the Shizhu County World Bank Loan Project Management Office, the Shizhu County State Land Bureau, and the Shizhu County Tap Water Supply Co., Ltd. etc.. A leader of the Shizhu County Government is the head of the Component Resettlement Leading Group. 4. The Resettlement Office of the Shizhu Water Supply Component 35  RAP for the Shizhu Water Supply Component of CUEP Chapter 7 It is composed of the specialized personnel in charge of the land acquisition and resettlement from the Shizhu County Planning Committee, the Shizhu County Construction Committee, the Shizhu County World Bank Loan Project Management Office, the Shizhu County State Land Bureau, and the Shizhu County Tap Water Supply Co., Ltd. etc.. The leader of the Shizhu County World Bank Loan Project Management Office is the head. of the Component Resettlement Office. In order to facilitate resettlement implementation, the Office includes the local Tujia ofricials. 5. The Shuangqing Township Resettlement Office It is composed of the specialized personnel in charge of the land acquisition and resettlement from the Shuangqing Township Government including Construction, Planning, State land, and Resettlement Dept. A leader of the Shuangqing Township Government is the head of the District Resettlement Ofrice. In order to facilitate resettlement implementation, the Office includes the local Tujia officials. 7.3 The responsibilities of the agencies 1. The Resettlement Leading Group of the Chongqing Urban Environment Project A. Make important policy decisions on the land acquisition and resettlement preparation, planning, implementation, and monitoring and evaluation for CUEP in accordance with the World Bank's requirements on resettlement; 36  RAP for the Shizhu Water Supply Component of CUEP Chapter 7 B. Coordinate among various agencies relating to the land acquisition and resettlement preparation, planning, implementation, and monitoring and evaluation for CUEP and guide their work; C. Review and discuss the internal monitoring reports submitted by the PRO; D. Review and discuss the independent reports submitted by various implementation agencies and the relevant departments. 2. The Resettlement Office (PRO) of the Chongqing Urban Environment Project A. Organize the census and socio-economic survey of the affected people and assets and the preparation of the RAPs of the Chongqing Urban Environment Project following the World Bank's requirements on resettlement; B. Train the staff of the resettlement offices of the Components; C. Organize the implementation of the land acquisition and resettlement in accordance with the RAP approved by the World Bank; D. Undertake the internal monitoring activities on the resettlement implementation of the Chongqing Urban Environment Project; E. Suggest solutions timely for handling problems identified in the internal monitoring and the implementation of the RAP; F. Report to the Project Resettlement Leading Group on work progress, the problems and remedial measures regularly. 3. The Resettlement Leading Group of the Shizhu Water Supply Component A. Make important policy decisions on the land acquisition and resettlement 37  RAP for the Shizhu Water Supply Component of CUEP Chapter 7 preparation, planning, implementation, and monitoring and evaluation for the Shizhu Water Supply Component in accordance with the World Bank's requirements on resettlement; B. Coordinate among various agencies relating to the land acquisition and resettlement preparation, planning, implementation, and monitoring and evaluation for the Shizhu Water Supply Component and guide their work; C. Review and discuss the internal monitoring reports submitted by the PRO of the Shizhu Water Supply Component; D. Review and discuss the independent reports submitted by various implementation agencies and the relevant departments. 4. The Resettlement Office (PRO) of the Shizhu Nanbin Water Supply Component A. Organize the census and socio-econornic survey of the affected people and assets and the preparation of the RAP of the Shizhu Water Supply Component following the World Bank's requirements on resettlement; B. Train the staff of the subordinate resettlement ofrices; C. Organize the implementation of the land acquisition and resettlement of the Shizhu Water Supply Component in accordance with the RAP approved by the World Bank; D. Conclude the land acquisition and resettlement contracts with Shuangqing Township and other relevant institutions. E. Receive the resettlement funds from the PRO and allocate them to the subordinate resettlement offices; F. Undertake the internal monitoring activities of the resettlement implementation of the Shizhu Water Supply Component; 38  RAP for the Shizhu Water Supply Component of CUEP Chapter 7 G. Suggest solutions timely for handling problems identified in the internal monitoring and implementation of the RAP; H. Report to the Resettlement Leading Group of the Shizhu WVater Supply Component on work progress, the problems and remedial measures regularly. 5. The Shuangqing Township Resettlement Office A. Cooperate with the relevant agencies in making the census and surveys; B. Train the staff of the subsidiary resettlement office; C. Implement the RAP; D. Receive the resettlement funds from the Resettlement Company of the Shizhu Water Supply Component and allocate them to the affected collectives or individuals according to the working procedures; E. Guide and supervise the land acquisition and resettlement work in relevant township and villages; F. Report to the Resettlement Company of the Shizhu Water Supply Component on work progress, the problems and remedial measures regularly. 7.4 Training and development of the resettlement staff The staff of the above-mentioned agencies will be trained for the land acquisition and resettlement of the Project. The training plan of the resettlement staff is as follows: 39   RAP for the Shizhu XVater Supp]y Component of CUEP Chapter 7 Table 7.1 Training plan of the resettlement staff trainers the resettlement consultants recognized by the World Bank; the persons who have received "Resettlement and Rehabilitation" training by the World Bank the the Resettlement Leading Group of the Chongqing Urban resettlement Environment Project, the Resettlement Office (PRO) of the agencies which Chongqing Urban Environment Project, the Resettlement the staff Leading Group of the Shizhu Water Supply Component, belongs to the Resettlement Office (CRO) of the Shizhu Water Supply Component, the Shuangqing Township Resettlement Office, the Hongchun Village Administrative Committees; etc. training the specific provisions of the RAP; the skill of the contents implementation and management of the resettlement; the methods of collecting data and information; etc. training time two or three days for one training program training place Shizhu Nanbin and the spots where the resettlement will be implemented 7.5 The organizational chart The following chart illustrates all the agencies involved in the land acquisition and resettlement of the Component. 40  RAP for the Shizhu Wiater Supply Component of CUEP Chapter 7 County County County State Countv World Bank Planning Construction Land Bureau Loan Project Committee Comiittee Management Office Shizhu County The Leading Group Independent Tap Water of the Shizhu Monitoring and Supply Co., Nanbin Component Evaluating Institute Ltd. The Resettlement Office of the Shizhu Nanbin Comronent Shuan-qing Township Resettlement Office Hongchun Village Administrative Committee 41  RAP for the Shizhu W 'ater Supply Component of CUEP Chapter 8 Chapter 8 Costs and Budget The costs to be incurred on land acquisition and resettlement of the Component are included in the overall budget of the Component. During the implementation of the RAP, the annual expenditure of land acquisition and resettlement will be included in the annual investment plans of the Component. The total costs for the land acquisition and resettlement in the Component are estimated to be RMB 532,110.9 at October 1999 prices. 8.1 Flow of funds On the basis of the compensation policies and rates given in the RAP, the Resettlement Office of the Shizhu Water Supply Component, the Shuangqing Township Resettlement Office and the Hongchun Village Administrative Committees will sign compensation agreements with their subordinates and the affected persons separately according to their jurisdiction. Payment of funds will be made timely in accordance with these agreements. The flow of funds is illustrated as follows: 43  RAP for the Shizhu WN ater Supply Component of CUEP Chapter 8 The owner of the Shizhu Water Supplv Component The Resettlement Office of the Shizhu Water Supply Component |The Shuangqing Township| | | ~~Resettlement Office ll The Hongehun Village The owners of Administrative > other affected Committee assets 8.2 Base cost The compensation is estimated according to the compensation rates set out in Table 6.2 to Table 6.3. For detailed cost estimates of all categories of expenses see Table 8.1 as follows: 8.3 The costs of preparing the RAP and monitoring and evaluation (M&E) The costs of preparing the RAP and monitoring and evaluation of the Component are budgeted at the rate of 10% of the total amount of compensation. 8.4 Administrative costs 44  RAP for the Shizhu W ater SupplyI Component of CUEP Chapter 8 Table 8.1 The Costs on the Land Acquisition and Resettlement of the Shizhu Water Supply Component No. item amount compensation rate cost A B C | D E 1 vegetable land mu 22.3 RMB/mu 15,333 341,933.4 2 waste land mu 3.59 RMB/mu 12,333 44,276.7 3 furrows mu 1.75 RMB/mu 2,700 4,725.0 4 path mu 1.16 RMB/mu 2,700 3,132.0 5 standing crop compensation mu 22.3 RMB/mu 600 13,380.0 6 fruit trees no. 18 RMB/unit 28 504.0 7 fruit tree seedlings no. 33 RMB/unit 4 132.0 8 niiscellaneous trees no. 19 RMBfunit 12 228.0 9 mniscellaneous tree seedlings no. 5 RMB/unit 2 10.0 10 tombs no. 5 RMB/unit 180 900.0 11 wire poles(below 9ms) no. 1 RMB/unit 35 35.0 12 wire meter 60 RMB/unit 1 60.0 13 subtotal . r 409,316.0 14 cost of preparing the RAP and M & E . - 40,931.6 15 administrative costs . 20,465.8 16 physical contingencies = 40,931.6 17 price contingencies . . 20,465.8 18 total = 532,110.9 The administrative costs for the land acquisition and resettlement of the Component are budgeted at the rate of 5% of the total amount of compensation. 8.5 Contingencies Lots of contingencies may lie in implementation of the land acquisition and resettlement, which involves a wide range of aspects concerning the livelihood of the local residents as well as the operation of the units and enterprises. Cost 45  RAP for the Shizhu Water Supply Component of CUEP Chapter 8 estimates for the RAP implementation include provision for both price and physical contingencies which comprise the major contingencies for the Component. 8.5.1 Physical contingencies Physical contingencies have been included to provide for any changes in design or alignment and for any unforeseen circumstance during the RAP implementation. Physical contingency is budgeted at the rate of 10% of the total amount of compensation. 8.5.2. Price contingencies (inflation) The cost of land acquisition and resettlement of the Component is based on the current annual prices. The land acquisition and resettlement for the Component will be completed by 2000, however. The inflation rate and the inflation allowance must be estimated therefore and the price contingencies (inflation) are budgeted at the rate of 5% of the total amount of compensation. The compensation rates will be adjusted by the actual inflation rate from October 1999 to the time when the compensation is actually paid. 8.6 Annual cost estimates The land acquisition and resettlement of the Component will be carried out mainly in 2000. In 1999, the cost at the rate of about 10% of the total amount of compensation will be used and in 2000, 90%. 46  RAP for the Shizhu W 'ater Supply Component of CUEP Chapter 9 Chapter 9 Implementation Arrangements 9.1 Job creation The cultivated land per capita in the affected village, Hongchun Village, is 0.71 mu and the one per household, 2.47 mu. The average cultivated land loss per directly-affected household is 0.72mu, accounting for 29.11% of their total contracted cultivated land. Through cultivated land redistribution, the average cultivated land loss per household in the whole village is only 0.06mu, accounting for only 2.54% of their total contracted cultivated land. Since the Component inpact on the rural collective cultivated land is comparatively small, the resettlement problem of the affected population can be solved by the method of cultivated land redistribution and adequate compensation stipulated in the Entitlement Matrix. The left cultivated land will be redistributed within the village in- order to resettle the affected agricultural population. Such arrangement can ensure that the cultivated land can be redistributed to the PAPs on an equal basis. All the agricultural population affected by the Component land acquisition will get economic resettlement and rehabilitation according to the agricultural method, therefore, the land compensation and resettlement subsidy to the village will only be used to develop the collective economy and will not be applied to any other use. According to the characteristics of the affected areas of the Component, the funds will be applied to: 1. Increase agricultural income from the remaining cultivated land by 47  RAP for the Shizhu Water Supply Component of CUEP Chapter 9 improving the irrigation facilities, seeds, and the planting modes, etc.; 2. Develop the capital construction of water, electricity, road and forestry; 3. Open up wasteland and exploit the agriculture production potentialities in the non-cultivated and low-yield land; 4. Develop the second and third industries related to agriculture so as to improve the production ability of the affected village. The application of the funds will be observed and monitored during the implementation. 9.2 Housing resettlement There are no affected residents in the Component. 9.3 Resettlement of the affected units and infrastructures There are no affected units and enterprises in the Component. The affected infrastructures will be compensated at the replacement price, and minimize the relocation as little as possible. The infrastructures which really need to be relocated will be reconstructed or restored to its original functions as soon as possible. 9.4 Resettlement of the vulnerable groups 48  RAP for the Shizhu Water Supplv Component of CUEP Chapter 9 The vulnerable groups include the poor households, the households having the disabled members, the households headed by the women and the households where the aged live alone. The specific eligibility criteria for the vulnerable groups are defined as follows. Table 9.1 Eligibility Criteria for the Vulnerable Groups No. household category criteria 1 the poor below RNMTB 95 of average monthly income per person 2 the disabled the households having the disabled members 3 the women the households headed by women 4 the aged the households where the aged above 70 live alone The following measures will be taken so as to ensure the rehabilitation of the living standards of the vulnerable groups after resettlement: 1. The governments of all levels (such as administrative villages, villager groups and so on) will make every effort to organize and provide labor force to help and support the vulnerable groups in building their new houses and relocating their households; 2. Give priority to satisfy the reasonable demands of the vulnerable groups, such as taking precedence of choosing the new housing sites and operation place; 3. Make the specific compensation or poverty subsidy payment, or reduce or remit their housing rental to the vulnerable groups in extraordinary difficulty according to the fact. The detailed standard will be formulated uniformly by the Project Resettlement Office according to the actual situation of different areas when the implementation is started. 49  RAP for the Shizhu Water Supply Component of CUEP Chapter 9 9.5 Resettlement actions and implementation schedule In order to ensure all the PAPs and can be properly resettled, all resettlement implementation activities will be completed before initiation of the civil construction of the Component. The following table is the implementation schedule for the Component. Table 9.2 Monthly Implementation Schedule for Land Acquisition and Resettlement .___________________________ _______ month 98..99 99 99 99 99 99 99 99 99 99 99001000000 00 00 00 00 1___ 6>'11 12 /i J4 /5 16 / 18 19 10 11 12 /1 /2 13 14 15 16 n /8 conduct the census of the - _ _ _ _ _ _ _ _ PAPs I > carry out the socio-economic I ' I I I I survey staff prepare thie PRAP set up resettlement offices < - - - {| conduct training for the staffi_ consult with the PAPs | . . | | - - apply for approval on land requisition & resettlement 71 - - - - inform the public about 2 T resettlement policy&program ] - -.----- - sign the resettlement contracts - | pay compensation a < _ - - cultivated land redistribution '- -- resettlement implementation -i--i- for affected residences I I - resettlement implementation | - | | | | | | |for affected infrastructures ! I I I I I I I I I I I |demolish old building and T I i I other ground attachments ji I i 1 - begin the civil construction of | - i the Component _ I i . independent monitoring r activities | \ | ] | t | ; | | } W 4 t ! f , , | 5 50  RAP for the Shizhu WN ater Supply Component of CUEP Chapter 10 Chapter 10 Consultations and Participation 10.1 Consultations and participation The RAP of the Component has been prepared through the active participation of the PAPs. The participation began with the dissemination of the resettlement information on the Component to the PAPs. As early as the preparation for the Component, the scheme was decided through the solicitation of the PAPs' opinions. It is designed that detailed information dissemination meetings will be held after the Construction Land Use Certificate is obtained. During the course of the preparation of the RAP, the PAPs have participated in the following activities: 1. The Component impacts on people and assets was decided through the census. The local governments and the representatives of the PAPs participated in the census. The summarizing data of the Component impacts are on the basis of detailed investigation to every affected household. 2. The socio-economic survey has been carried out with participation of the PAPs and the representatives of the affected areas. The survey was conducted through focus group discussions and individual interviews. The survey covered local government officials, village leaders and the affected people. The concerns and needs expressed by the PAPs have been incorporated in the RAP. 51  RAP for the Shizhu Water Supply Component of CUEP Chapter 10 3. In the course of designing the entitlement policies and compensation rates, and implementation program, in order to fully realize the PAPs' attitudes and requirements, the method of distributing the Resettlement Propaganda (for details, please refer to Annex 1, the Resettlement Propaganda for the Chongqing Shizhu Water Supply Component) was applied to inform the PAPs of the resettlement progress. Then consultation from door to door was conducted according to the questionnaires which were designed in advance (for details, please refer to Annex 2, the questionnaire for the affected rural people's opinions to resettlement). The contents of the consultation included the PAPs' attitudes to the Project construction, attitudes to and opinions on land acquisition, compensation and resettlement, etc.. For the result of the consultation, please refer to Section 5.11. During the course of implementing and monitoring the land acquisition and resettlement, the PAPs and their representatives will participate in the following activities. 1. Realizing the resettlement policies and implementation details and putting forward their suggestions through participating in the propaganda assemblies. 2. Expressing further opinion on the resettlement policies, compensation standards and making their suggestions and demands on the resettlement methods through participating in the affected asset check and the discussions on specific resettlement program of every household. 3. In case the PAPs dissatisfy with the compensation provided or other 52  RAP for the Shizhu WN'ater Supply Component of CUEP Chapter 10 resettlement measures, thev can voice their grievance. 4. The PAPs can find out the entitlement policies and implementation progress from the agencies concerned and raise their opinions on the resettlement and their suggestions to those agencies. After the implementation of the land acquisition and resettlement, the PAPs and their representatives will participate in the following activities. 1. The PAPs can make the demands on restoring their living standards and production capacity, improving the facilities and infrastructures in their communities, etc., so as to harmonize with their new environment as soon as possible. 2. The PAPs will participate in the socio-economic impact survey carried out by the independent monitoring institution, and put forward their satisfaction degree on various aspects of the resettlement and their problems in rehabilitation of living standards so that the agencies concerned can do their best to solve various difficulties of the PAPs. 10.2 Resettlement Information Booklets (RIBs) To ensure that the PAPs and the local governments of the affected areas fully understand the details of the resettlement program, and also are informed about the compensation and rehabilitation packages applicable to the Component, the Resettlement Information Booklets (REBs) will be distributed in the affected areas. The RIBs will contain two parts: 53  RAP for the Shizhu Water Supply Component of CUEP Chapter 10 Part I The basic features of the RAP A. Brief description of the Project components requiring land acquisition; B. Resettlement and rehabilitation policies for all categories of Component impacts; C. List of the agencies responsible for delivery of resettlement entitlements; D. Details of grievance redress and appeals procedures; E. Brief description of the internal and external monitoring process. Part II Entitlements of the affected units and enterprises, households and persons. A. Description of the detailed impact of the Component on the specific households; B. Options for resettlement and rehabilitation. 54  RAP for the Shizhu Water Supply Component of CUEP Chapter 11 Chapter 11 Redress of Grievances Since the entire resettlement and rehabilitation program is being carried out with the participation and consultation of the PAPs, it is expected that no major grievance issue will arise. However, to ensure that the PAPs have avenues for redressing their grievances related to any aspect of the land acquisition and resettlement, the detailed procedures of redress of grievances have been established for the Component. The procedures Stage 1 If any person is aggrieved by any aspect of the resettlement and rehabilitation program, he can lodge an oral or written grievance with the Hongchun Village Administrative Committee. In case an oral compliant is made, it will be written on paper by the receiving unit. The above issue will be resolved within 15 days. Stage 2 If the aggrieved person is not satisfied with the decision of the Hongchun Village Administrative Committee, he can bring the complaint to the attention of the Shuangqing Township Resettlement Office within 1 month from the date of the receipt of such decision. The above issues will be resolved within 15 days. Stage 3 If the aggrieved person is not satisfied with the decision of the Shuangqing Township Resettlement Office, he can bring the complaint to the attention of the Resettlement Office of the Shizhu Water Supply Component within 1 month 55  RAP for the Shizhu XVater Supply, Component of CUEP Chapter 11 from the date of the receipt of such decision. The above issues will be resolved within 15 days. Stage 4 If the aggrieved person is not satisfied with the decision of the Resettlement Office of the Shizhu Water Supply Component or the aggrieved complaint is not responded within 15 days, he can bring the complaint to the attention of the Resettlement Office of the Chongqing Urban Environment Project within 3 months from the date of the original record. The Project Resettlement Office will reach a decision on the complaint within 1 month. Stage 5 If the aggrieved person is dissatisfied with the decision, he can appeal to the People's Court in accordance with the "Civil Procedure Act" within 15 days of receiving the decision of the Project Resettlement Office. Aggrieved Aspects PAPs can make an appeal on any aspect of the land acquisition and resettlement, including the compensation being offered. Detailed procedures for redress of grievances and the appeal process are publicized among the PAPs by distributing RIBs. In spite of the above procedures established for redressing grievances, in case any conflicts arise regarding the land acquisition and resettlement, the conflicting parties will first negotiate and mediate the case in cooperative effort. The above appealing procedures will be employed only when the mutual negotiation mediation fails. 56  RAP for the Shizhu Water Supply Component of CUEP Chapter 12 Chapter 12 Internal and External Monitoring and Evaluation To ensure that the implementation of the land acquisition and resettlement is carried out in accordance with the relevant requirements of the RAP and to guarantee the progress and quality of the resettlement action, the resettlement action will be monitored and evaluated both internally and externally during the preparatory arrangements and the implementation, and after the completion. 12.1 Internal Monitoring The Resettlement Office (PRO) of the Chongqing Urban Environment Project will undertake the routine internal monitoring and evaluation of the implementation of the land acquisition and resettlement so as to ensure that all the responsible units follow the schedule and comply with the principles of the RAP of the Component. ubiectives The objective of the internal monitoring is to monitor the implementation of the whole RAP for,the Project. Responsibilitv 1. To ensure the implementation of the specific provisions of the Resettlement Action Plan; 57  RAP for the Shizhu WVater Supply Component of CUEP Chapter 12 2. Monitor the progress of various jobs regularly so as to identify and timely solve problems and to further ensure that the resettlement be completed in line with the schedule. Indicators to be monitored 1. Payment of Compensation to the various displaced residents and collectives according to the compensation rates described in the RAP; 2. The determination of the new housing sites and building plans in consideration of the affected residents' options. The number of households finishing building new houses at the scheduled time will be recorded. In order to compare the conditions of the old and new houses, the houses to be removed will be registered which will be kept in the file records of the project; 3. Rehabilitation of the affected infrastructure of the Component; 4. Redistribute the cultivated land within the affected administrative villages, and use the land compensation and resettlement subsidy to develop their collective economy. Personnel The PRO of the Shizhu Water Supply Component will be responsible for the 58  RAP for the Shizhu Water Supply Component of CUEP Chapter 12 internal monitoring activities. They will collect information from the departments concerned once every 3 months and fill the information in the relevant tables. On the basis of such information collection, the database of monitored data and information can be set up at the PRO and renewed every 3 months. Methodology & Procedure 1. Identify the major indicators to be monitored, and formulate corresponding tables for the.departments concerned to fill in every month or season; 2. Carry out the sampling verification to examine the correctness of the filled tables; 3. Convene regular meetings to report on progress of the resettlement, and supervise the progress of implementation; 4. Pay visit to the project sites irregularly so as to appraise the progress of the on-site jobs; S. Set up the system of regular report. Report The internal monitoring reports will be prepared every 6 months according to the data and information obtained from the survey tables. The reports will be submitted to the Resettlement Leading Group of the Shizhu Water Supply 59  RAP for the Shizhu Water SupplN Component of CUEP Chapter 12 Component and the Resettlement Office of the Chongqing Urban Environment Project. The Resettlement Leading Group of the Shizhu Water Supply Component will convene to discuss the internal monitoring reports after they are submitted. The Resettlement Leading Group of the Shizhu Water Supply Component will identify those parts where the implementation of the resettlement is too slow or inadequate according to the resettlement and rehabilitation program. The internal monitoring reports will be submitted to the Resettlement Leading Group of the Shizhu Water Supply Component and the Resettlement Office of the Chongqing Urban Environment Project once every 6 months by the Resettlement Office of the Shizhu Water Supply Component. 12.2 External Monitoring and Evaluation In order to ensure the proper implementation of resettlement, the independent consulting institute and the consulting specialist that is recognized by the World Bank, familiar with the Project and participate the resettlement planning of the Project will be entrusted as the external agency and personnel for independent monitoring and evaluation of the land acquisition, resettlement and rehabilitation activities of the whole project. The external monitoring team for the Component will include the Tujia members. Objective Looking at the overall implementation from a broader, long term point of view, 60  RAP for the Shizhu Water Supply Component of CUEP Chapter 12 the independent monitoring and evaluation institute for the Project, will folloNw the resettlement activities to evaluate whether the goals of resettlement are achieved through: 1. Compliance with the specific provisions of the Resettlement Action Plan; 2. Improvement in the standards of living of the PAPs or at least maintenance of the pre-project levels of well-being. Responsibilities 1. Before implementation of the RAP, carry out the socio-economic survey on the PAPs including their standards of living; 2. During implementation of the RtAP, conduct the overall monitoring of the RAP and raise suggestions on improving the implementation; 3. After implementation of the RAP, survey and evaluate the socio-economic influence of the Project. Indicators to be monitored In addition to the above-mentioned indicators, the independent monitoring and evaluation institute will also monitor and evaluate the following indicators: 1. Payment of compensation 61  RAP for the Shizhu Water Supply Component of CUEP Chapter 12 A. Pay sufficient compensation to all the PAPs and affected units and enterprises one month before the civil construction of the Project begins; B. Monitor and make detailed record of the type, rate, amount, date and payee of the compensation; 2. Linkage between the resettlement and the civil works construction of the Project The resettlement will be finished before the initiation of civil construction of the Project; 3. Rehabilitation of Infrastructures A. All the necessary infrastructures will at least be rehabilitated to their pre- acquisition level; B. The compensation for the infrastructures will be adequate for reconstructing it to the pre-acquisition level in quality; 4. Satisfaction Degrees of the PAPs A. The PAPs' satisfaction degree and concrete opinions on various aspects of the resettlement program; B. The mechanism and speed of handling conflicts; S. Living Standards of the PAPs Living standards surveys will be carried out on the PAPs and a control group. 62  RAP for the Shizhu X'ater Supplv Component of CUEP Chapter 12 The survey will employ the combination of stratum sampling and group random sampling so as to identify and report the potential problems in rehabilitation of living standards. The general socio-economic survey and analysis will be conducted about 1 year after the land acquisition and resettlement is completed and report in written form the living standard and conditions of the PAPs after their resettlement so as to evaluate the actual impact of the implementation of the RAP on the living standard of the PAPs. Methodology 1. Questionnaire in depth interviews and observational methods will be employed in the survey. The investigating staff, who have received systematic training, will make the on-the-spot investigation, talk with the PAPs so as to be informed of their ideas on various problems and therefore conduct the monitoring and evaluation of the Project from various angles and a wider viewpoint; 2. 10% of the directly affected households, and a number of households as the control group will be investigated in monitoring the implementation of the RAP; 3. Data and information will be collected by the following methods: A. Apply questionnaires to the relevant villages, units, and households to be answered by individuals; B. Direct visit will be paid to the affected people and units; C. Groups on special problems will be organized so as to identify such problems 63  RAP for the Shizhu Water Supply Component of CUEP Chapter 12 as the eligible old PAPs, women, children, affected units and enterprises, Tujia people concerns, etc.. Investigation on such specific subjects will be made at least every 6 months and reports submitted accordingly; 4. The collected data and information will be analyzed according to the affected areas, resettlement site, time and types of the influence, compensation level, duration of the resettlement, etc.; 5. The independent monitoring and evaluation institute will maintain a database, which are composed with the data and information collected for various reports. Every project-affected household and enterprise will have a separate record in the database which will be continuously renewed according to the latest information. Report The independent monitoring and evaluation institute will compile reports of monitoring and evaluation every 6 months after the implementation of the RAP begins. The report will compose of a quantitative part (in order to verify the data and information provided in the internal monitoring report) and a qualitative part (see the above). The report will be submitted to the Resettlement Leading Group of the Shizhu Water Supply Component, the Resettlement Office of the Chongqing Urban Environment Project, and the World Bank on April 30 and October 31 every year. To be more specific, the report will consist of the following 5 parts: 1. Verify the implementation of the RAP; 64  RAP for the Shizhu Water Supply Component of CUEP Chapter 12 2. Review whether the compensation, resettlement, and rehabilitation have met the major objectives stipulated in the RAP; 3. Report the participation and satisfaction degree of the PAPs on the resettlement program; 4. Identify the main problems in carrying out the RAP and raise suggestions on solving problems and improve the overall efficiency of the land acquisition and resettlement program; 5. Report the actions taken by the departments concerned as suggested in the last report. The Resettlement Leading Group of the Shizhu Water Supply Component and the Resettlement Office of the Chongqing Urban Environment Project will convene a meeting to discuss and decide solutions on the problems identified in the independent monitoring report immediately as soon as possible after it is submitted. According to the problems raised in the report, the measures which should be taken will be decided. 12.3 Submission of the monitoring reports All the monitoring reports of the land acquisition and resettlement of the Component are listed as follows: 65  RAP for the Shizhu Water Supply Component of CUEP Chapter 12 Table 12.1 The schedule for submitting the monitoring reports the reporter the reported name frequency/time The Component The Component Resettlement The internal Once every six Resettlement Leading Group, monitoring months (Feb 28 Office The Project Resettlement report and Aug 31 every Office year) The The Component Resettlement The external Once every six independent Leading Group, monitoring months (Apr. 30 monitoring and The Project Resettlement report and Oct 31 every evaluation Office, The Project year) institute Resettlement Leading Group, ,The World Bank .- 66  RAP for the Shizhu Water Supply Component of CUEP Annex Annex 1 Resettlement Propaganda for the Chongqing Shizhu Water Supply Component The Chongqing Shizhu Water Supply Component is a component of the World Bank-financed Chongqing Urban Environment Project (CUTEP). The Component is located in Nanbin Township, which is the administrative center of the Shizhu Tujia Nationality Autonomous County of Chongqing Municipality. The existing water supply facilities of Shizhu County have become outmoded, low in the technical standard and poor in capacity. In addition, the water source pollution is becoming more and more serious. It is apparently unable to keep abreast of the socio-economic development in those areas and thus urgently in need of reconstruction and upgrading. In order to ensure that the PAPs understand the Component progress and the impacts on them which may be caused by the Component, and to consider fully the PAPs' opinion and requirements of the resettlement policies and measures, the Resettlement Propaganda is being distributed specially. The civil construction of the Component is planned to be commenced in the latter half of year 2000. About 30 mu of land, which is located in the 7th Villager Team, Hongchun Village, Shuangqing Township in the suburb of Nanbin Township, will be required. The total land for the Component needs to be acquired. For the PAPs, proper compensation and resettlement will be implemented in accordance with the relevant laws and regulations so as to improve their production levels, income-earning capacity and living standards or at least 67  RAP for the Shizhu Water Supplv Component of CUEP Annex restore to the levels they would have had without the Component. Since the Component impact on the local per capita cultivated land is comparatively small, the resettlement problem of the affected population can be solved by the method of cultivated land redistribution and adequate compensation. The left cultivated land will be redistributed within the village in order to resettle the affected agricultural population. Such arrangement can ensure that the cultivated land can be redistributed to the PAPs on an equal basis. The PAPs can find out the detailed resettlement policies and Component progress from the Office of the Shizhu Nanbin Water Supply Component and raise their opinions on the resettlement and their suggestions to the Office. 68  RAP for the Shizhu Water Supply Component of CUEP Annex Annex 2 Questionnaire for the affected household (unit)'s opinions on resettlement component No.: county/district date: No. item fill in words or remark "I"correspondingly 1 name of the household head (unit) 2 address 3 telephone 4 population of the household 5 attitude to the Component support | 6 (support, object or don't mind) object 7 don't mind 8 opinion on land redistribution after support - land acquisition (support, object or object don't.mind) _ _ _ _ _ _ _ _ 10 . don't mind 11 others (please specify) requirements and suggestion of the resettlement: 69