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Resettlement Plan January 2018

Lao People’s Democratic Republic:

Water Supply and Sanitation Sector Project

Subproject: Xayabury District, Xayabury Province

Prepared by the Ministry of Public Works and Transport for the Asian Development Bank. This is an updated version of the draft originally posted in July 2013 available on https://www.adb.org/projects/documents/wssp-rf.

This resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the “terms of use” section of this website. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

No. 3041-LAO Loan

Ministry of Public Works and Transport Department of Water S upply

Water S upply and S anitation S ector Project

F inal Updated Land Acquisition and Compensation

Due Diligence R eport

Xayabury S ubproject

Xayabury Province Xayabury District

J anuary 2018

Project Implementation Assistance Lao Consulting Group C onsortium

ADB – MPWT: Water S upply and Sanitation S ector Project F inal Updated Land Acquisition and Compensation Due Diligence R eport – Xayabury S ubproject

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TABLE OF CONTE NTS

List of Tables ........................................................................................................................... (iii)

List of F igures .......................................................................................................................... (iii)

List of Attachments .................................................................................................................. (iii)

S elected Acronyms .................................................................................................................. (iv)

S elected Units .......................................................................................................................... (v)

Currency .................................................................................................................................. (v)

S elected Definitions of LAR C related Terms ............................................................................ (vi)

1. E X E CUTIVE S UMMAR Y 1 1.1 The Water S upply and S anitation S ector Project 1 1.2 Xayabury S ubproject 1 1.3 Land Acquisition and Mitigation R equirements 2 1.4 Consultation, Participation and Grievance Mechanisms 3 1.5 Planning, Implementing and Monitoring 3 1.6 Conclusions 4 1.7 R eporting Notes 4

2. PR OJ E CT DE S CRIPTION 5 2.1 The Water S upply and S anitation S ector Project 5 2.2 Xayabury S ubproject 6

3. S COPE OF LAND ACQUIS ITION AND R E S E TTLE ME NT 10 3.1 Permanent Land Acquisition 10 3.2 Temporary Land Acquisition 10 3.3 Affectedness 11

4. S OCIO-E CONOMIC INFOR MATION AND PR OFILE 12 4.1 S ocio-E conomic Baseline 12 4.2 S ocial Impacts 14 4.3 Profile of Affected Households 14

5. INFOR MATION DIS CLOS URE , CONS ULTATION AND PAR TICIPATION 15 5.1 R equirements 15 5.2 Achievements 15

6. COMPLAINTS AND GR IE VANCE RE DRE S S ME CHANIS MS 16 6.1 R equirements 16 6.2 Grievance Approach 16

7. IMPLE ME NTATION S CHE DULE 19

8. MONITOR ING AND R E POR TING 21 8.1 Internal M&E 21 8.2 E xternal M&E 21


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LIS T OF TABLE S Table 1: S ummary of S ubproject Affected Assets, Households and S everity of Impacts ............ 11 Table 2: Core and E xtension Villages of X ayabury Town and their Population ........................... 12 Table 3: Project Main S teps of Grievance Mechanisms ............................................................. 18 Table 4: S tatus of Performed/S cheduled Activities of X ayabury S ubproject ............................... 20

L IS T OF FIGUR E S F igure 1: General Proposed Layout of Xayabury Water S upply S cheme (S heet 1) ............... 8 F igure 2: General Proposed Layout of Xayabury Water S upply S cheme (S heet 2) ............... 9

ATTACHME NTS Attachment 1 LARC – Fact F inding and S creening

Attachment 2 LARC – Consultation and Coordination

Attachment 3 Inventory of Private Loss

Attachment 4 Overview of S tatus of AHs

Attachment 5 Compensation R ates and R eplacement Cost S urvey

Attachment 6 Complementary Documentation


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S E LE CTE D ACR ONY MS (AS DE FINE D IN PROJ E CT R F , AND S UPPL EME NTE D BY THIS L AC -DDR ) ADB Asian Development Bank AH Affected Household AP Affected Person COI Corridor of Impact DCO District Coordination Office DD Detailed Design DDR Due Diligence R eport DMS Detailed Measurement Survey (at detailed design stage) DoNRE Department of Natural R esources and E nvironment DPWT District Department of Public Works and Transport DRC District R esettlement Committee DWS Department of Water S upply E A E xecuting Agency E GDF E thnic Groups Development Framework E MP E nvironmental Management Plan FS Feasibility S tudy GAP Gender Action Plan GOL Government of Lao PDR GR M Grievance R edress Mechanism HH Households IA Implementing Agency IE E Initial E nvironmental E xamination IE M Independent E xternal Monitoring IMO Independent Monitoring Organization IOL Inventory of Loss IP Indigenous People IPP Indigenous Peoples Plan IPPF Indigenous Peoples Planning Framework IR Involuntary R esettlement Lao PDR Lao People's Democratic R epublic LAC Land Acquisition and Compensation LACF Land Acquisition and Compensation Framework LACP Land Acquisition and Compensation Plan LACR Land Acquisition and Compensation R eport LAR C Land Acquisition, R esettlement and Compensation LFNC Lao F ront for National Construction LWU Lao Women’s Union M&E Monitoring and E valuation MPWT Ministry of Public Works and Transport NGO Non-Government Organization NPCO National Project Coordination Office (PAM: Nat. Project Management Office PMO) NPS C National Project S teering Committee NRW Nonrevenue Water O&M Operation and Maintenance OPWT District Office of Public Works and Transport PAM Project Administration Manual PBME Project Benefit Monitoring and E valuation PPWT Provincial Department of Public Works and Transport PIB Public Information Booklet


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S E LE CTE D ACR ONY MS (AS DE FINE D IN PROJ E CT R F , AND S UPPL EME NTE D BY THIS L AC -DDR ) PIU Project Implementation Unit PMO Project Management Office PMS Preliminary Measurement S urvey (at feasibility study stage) PNP Provincial Nam Papa (provincial water supply company) PPS C Provincial Project S teering Committee PPTA Project Preparation and Technical Assistance PPME Project Performance Monitoring and E valuation PR C Provincial R esettlement Committee R CS R eplacement Cost S urvey R F R esettlement Framework R P R esettlement Plan R OW R ight of Way S E BS S ocio-E conomic Baseline S urvey S E IS S ocio-E conomic Impact S urvey S E S AH S ocio-E conomic S urvey of Affected Households S PS S afeguards Policy S tatement S TWS P Small Town Water S upply and S anitation S ector Project TA Technical Assistance ToR Terms of Reference UDAA Urban Development Administration Authority VAU Village Arbitration Unit VCCD Voluntary Contribution Consent Declaration VDC Village Development Committee VE I Village E nvironmental Improvement VLWU Village Lao Women’s Union WATSAN Water and S anitation Unit WS Water S upply WSS Water S upply and S anitation WSS P Water S upply and S anitation S ector Project WTP Water Treatment Plant

UNITS

ha hectare/s km kilometres km2 square kilometres lpcd liters per capita per day l/s liters per second m meter m2 square meter m3 cubic meter m3/day cubic meter per day sqm square meter

CUR RE NCY

LAK Lao currency unit Kip US $ US Dollar Note: Applied exchange rate: US $ 1.00 = LAK 8,100.00

ADB – MPWT: Water S upply and S anitation S ector Project F inal Updated Land Acquisition and Compensation Due Diligence R eport – Xayabury S ubproject

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S E LE CTE D DE FINITIONS OF LAR C R E L ATE D TE R MS (AS DE FINE D IN THE PR OJ E CT RF )

Affected Person (AP)

An affected person indicates any juridical person being as it may an individual, a household, a firm or a private or public institution who, on account of the execution of the Program and its subprojects or parts thereof would have their:

(i) R ight, title or interest in any house, land (including residential, agricultural and grazing land), water resources or any other fixed or moveable asset acquired or possessed, restricted or otherwise adversely affected, in full or in part, permanently or temporarily; and/or

(ii) Business, occupation, work, place of work or residence or habitat adversely affected with or without physical displacement; or

(iii) S tandard of living adversely affected.

Compensation Payment made in cash or in kind to APs at replacement cost for assets, resources and/or sources of livelihood and income acquired or adversely affected by the project.

Corridor of Impact (COI)

It is the area which is impacted by civil works in the implementation of the project and is important in two particular respects:

(i) Legally as the area within which APs will be entitled to compensation and other measures (in general coming under the heading of resettlement) for any loss of land, structures, land use and occupation or livelihoods; and

(ii) Operationally as the agreed and demarcated area within which construction activities will take place and which must be cleared of all structures and obstructions.

Cut-off Date for E ligibility

This refers to the date prior to which the occupation or use of the area makes residents/users/occupants of the same eligible to be categorized as AP (see definition of eligibility). In this project, the cut-off date coincides with the final day of the census of Aps and Inventory of Losses and which is preceded by a public consultation or announcement. Persons not covered in said census are not eligible for compensation and other entitlements, unless they can show proof that:

(i) They have been inadvertently missed out during the census and the inventory of loss (IOL); or

(ii) They have lawfully acquired the affected assets following completion of the census and the IOL and prior to the conduct of the detailed measurement survey (DMS ). In view thereof, the final list of APs is determined during the DMS . The establishment of cut-off date for eligibility is intended to prevent the influx of ineligible non-residents who might take advantage of project entitlements and speculate on land values and to prevent speculation by eligible APs.

Displaced Person

In the context of involuntary settlement, displaced persons are those who satisfy the condition of “Cut-off Date for E ligibility” (see definition below) and are physically displaced (relocation, loss of residential land or loss of shelter) and/or economically displaced (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of involuntary acquisition of land, or involuntary restrictions on land use or on access to legally designated parks and protected areas in connection with the project.

Detailed Measurement S urvey

With the aid of the approved detailed engineering design, this activity involves the finalization and/or validation of the results of the Inventory of Losses (IOL), severity of impacts, and list of APs done earlier during the project’s feasibility studies. The final cost of resettlement for the subproject will be determined following completion of the DMS . At feasibility study level this can be regarded as Preliminary Measurement S urvey (PMS ).


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E ligibility E ligible APs may fall under any of the following groups:

(i) Those who have formal legal rights to land lost including customary and traditional rights;

(ii) Those who do not have formal legal rights to land lost as of the cut-off date but have claims to such land or assets that are recognizable under national laws; and

(iii) Informal settlers who satisfy the condition for eligibility to compensation as provided in the definition of “cut-off date for eligibility”.

Non-eligible APs include those making claims based on subsequent occupation after the cut-off date for eligibility.

E ntitlement This refers to a range of measures comprising compensation, income restoration support, transfer assistance, livelihood substitution, relocation support, etc. which are provided to APs, depending on the type and severity of their losses, to restore their economic and social base.

Income R estoration This is the re-establishment of sources of income and livelihood of the severely

affected and vulnerable households to supplement the compensation received for affected assets so as to achieve, at the least, complete restoration of pre-project living standards. This term is used synonymously with “R ehabilitation.”

Independent Monitoring Organization

This is the entity hired by the Inter-ministerial Resettlement Committee (IR C) (through the National Project Management Office) to monitor and evaluate the implementation of the Land Acquisition and Compensation Plan (LACP).

Inventory of Losses

This is the process where all fixed assets (i.e., lands used for residence, commerce, agriculture, including ponds; dwelling units; stalls and shops; secondary structures, such as fences, tombs, wells; trees with commercial value; etc.) and sources of income and livelihood inside the COI are identified, measured, their owners identified, their exact location pinpointed.

Involuntary R esettlement

It is the displacement of people, not of their own preference, from their homes, assets, sources of income and livelihood in the Project COI. Involuntary resettlement may result in any or a combination of the following: loss of land, abode and other fixed assets, loss of income and/or employment, relocation, separation of family members, disintegration of communities, etc. Unless appropriate and adequate mitigation measures are carried out, involuntary resettlement will result to further hardship and impoverishment among the APs, especially the marginal sectors of society (see definition of “vulnerable groups”). These adverse social impacts of development projects are often borne by APs not of their own desire but involuntarily.

Land Acquisition

R efers to the process whereby an individual, household, firm or private institution is compelled to alienate all or part of the land s/he/it owns or is in the process of getting the ownership in favour of the government for the project in return for compensation at replacement costs.

R ehabilitation Above, as in income restoration and rehabilitation.

R elocation This is the physical displacement of an AP from her/his pre-project place of residence and/or business.


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R eplacement Cost

It means the cost of replacing lost assets and incomes, including cost of transactions. The amount calculated before displacement which is needed to replace an affected asset without deductions for taxes, and costs of transaction as follows:

(i) Productive land (agricultural, fishpond, garden, forest) based on market prices that reflect recent land sales, and in the absence of such recent sales, based on productive value;

(ii) R esidential land based on market prices that reflect recent land sales, and in the absence of such recent land sales, based on similar location attributes;

(iii) Houses and other related structures based on current market prices of materials and labor without depreciation or deductions for salvaged building materials;

(iv) S tanding crops equivalent to the current market value of the crop at the time of compensation;

(v) Perennial crops and trees, cash compensation equivalent to the current market value given the type, age and productive value (future production) at the time of compensation;

(vi) Timber trees, based on diameter at breast height at current market prices; and/or

(vii) Others.

R eplacement Cost S tudy

This refers to the process involved in determining replacement costs of affected assets based on empirical data.

R esettlement This includes all measures taken to mitigate any and all adverse social impacts of the project on AP property and/or livelihoods, including compensation, relocation (where relevant), and rehabilitation as needed.

R esettlement Plan

This is a time-bound action plan with budget setting out compensation and resettlement strategies, objectives, entitlement, actions, responsibilities, monitoring and evaluation which are all aimed at helping APs re-establish their pre-project standards of living.

R esettlement E ffects

R esettlement Effects mean all negative situations directly caused by the project including loss of land, property, income generation opportunity, and cultural assets as triggered by the project.

R ight-Of-Way The right-of-way is a public available and governmental owned strip of land following a centerline (such as for roads, canals, etc.) providing an area of access. The project will use the complete area where necessary. In case some of the R OW has been encroached upon by informal occupiers/ formal users (for example people now living, doing business, or cultivating land within the R OW), the project intends to adopt a corridor-of-impact (COI) within the R OW to avoid adverse land acquisition and resettlement related impacts.

S everely Affected Persons

This refers to affected persons or households who: (i) Need to be relocated; (ii) Lose 10% or more of productive assets; and/or (iii) More than 40% of the surface of the house is damaged (or where assets

are affected only partially but the remaining assets are rendered unviable for continued use and relocation might be necessary for that reason (Guidelines on R esettlement Compensation, WR E A, March 2010).


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S ignificant R esettlement E ffects

Involuntary resettlement impacts of a subproject are considered significant if 200 or more persons will experience major impacts, which are defined as (i) being physically displaced from housing, or (ii) losing 10% or more of their productive assets (income generating) as per OM S ection F1.

Vulnerable Groups

These are distinct groups of people who might suffer disproportionately or face the risk of being further marginalized by the effects of resettlement and specifically include:

(i) Female headed households with dependents; (ii) Disabled household heads; (iii) Households falling under the generally accepted indicator for poverty; (iv) Children and the elderly household heads who are landless and with no

other means of support; (v) Landless households; and/or (vi) Indigenous people or ethnic minorities.


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1. E XE CUTIVE S UMMARY

1.1 The Water S upply and S anitation S ector Project

1. This Water S upply and S anitation S ector Project (WS S P or the Project) will improve the performance of provincial water utilities, called provincial nam papas (PNPs), and expand access to safe piped water supply and sanitation for urban residents in small towns in the Lao PDR . It will contribute to the government’s urban sector targets (90% coverage for piped water supply and 100% coverage for sanitation by 2030). The Project will expand water and sanitation services to small district towns, provincial capital towns and their peri-urban areas in accordance with the Government’s urban water supply and sanitation strategy, 2013–2030, and water supply investment plan, 2012–2020. The impact will be expanded access to quality and reliable piped water supply and sanitation services for the urban population in the Lao PDR . The outcome will be improved performance of participating PNPs in delivering sustainable water supply and sanitation services.

2. The Project adopts a sector approach following a prioritized list of subproject towns based on the water supply investment plan. With the sector approach, potential subproject towns were subject to initial screening and prioritization under PPTA 8150. Three sample subprojects were selected for feasibility study under this TA – Pha Oudom (Bokeo), Luang Namtha and Long (Luang Namtha). Following feasibility study, the subprojects were checked against eligibility criteria agreed between the Government and ADB as a condition of approval for ADB funding, and then included in a subproject appraisal report. These three subprojects are implemented in Phase I of the Project. Another eleven (11) towns have been assigned a high priority for implementation in Phase II and III by WS S P. The Project approach will partner a subproject for expansion of the provincial capital with a small district town within the same province. Pro-poor mechanisms include free water supply connections for all, and subsidies for the poor for toilet construction.

3. Village environmental improvements (VE I) will also be implemented in the prioritized subprojects, and will promote demand-driven, community-managed environmental improvements, such as construction or rehabilitation of small-scale community improvements (e.g., drains and village access roads). Together with VE I, improved household sanitation for the poor will be provided. During the village planning process, poor households will be identified and will be eligible to receive a sanitation grant for building or upgrading their existing sanitation facility.

4. In parallel with the capital investments, the key elements of sector and policy reform will be addressed at strategic points during the implementation process. S imilarly, sector coordination will be improved through support to the water supply and sanitation subsector working group under the Technical Working Group on urban development.

1.2 Xayabury S ubproject

5. The Xayabury subproject is one of the four subprojects selected for Phase II. It includes the construction of a water supply system, sanitation works and financial and technical assistance for village environmental improvements. The water supply system of X ayabury will be designed to operate in one distribution system in 22 core villages by developing the capacities of the water source facilities, WTP, and reservoirs, all designed for 15 years (2034) while the pipelines’ capacity is designed for 20 years (2039) from the date of commissioning in 2019.

6. The proposed works will include: (i) a tower intake on the Nam Houng R iver with 14,700 m3/d pumping capacity; (ii) 3.6 km raw water transmission main to the existing pre-sedimentation tank; (iii) construction of a new 9,900 m3/d WTP; (iv) rehabilitation of the existing WTP; (v) and additional 3,370 m3 clear water storage capacity. A small branch office will be constructed near the WTP where customers may pay water bills, apply for connections and consult with the PNP. Basic equipment will also be procured for operation and maintenance of the water supply system.


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PNP staff will receive training in water supply utility management, operation and maintenance and basic non-revenue water (NRW) management.

7. The existing distribution system including storage reservoirs, pumping stations, and pipeline will be incorporated into the new distribution network, with approximately 8 km of existing pipeline to be replaced. The distribution network will include approximately 50 km of new main distribution pipeline and 175 km of rider mains, as well as a one new booster pumping station and three new storage reservoirs in outer villages. Approximately 200 m of access road will be constructed to the proposed WTP and intake.

8. Under the Project’s Village E nvironmental Improvements Component the subproject with its two core villages has engaged in J anuary 2017 in a participatory process to identify local needs which were specified as follows: 90 access roads with a total length of 19,543m and 1 village office. This will require both rehabilitation and new construction works. The participation of villages aims not only in their involvement in the selection process of proposed improvement measures, but also in their active contribution during construction stage, and their leading role for O&M of the communal infrastructure, which would be provided with financial and technical assistance from the Project.

1.3 Land Acquisition and Mitigation R equirements

9. This subproject with its components involves physical changes through civil works mainly within existing corridors of impact, and requires acquisition of governmental land. The chosen engineered design, a detailed measurement survey (DMS ) and a social survey of affected households (S E S AH) confirm that there are no cases affected permanently by loss of private land trees, structures or crops, and the only negative impacts are temporary disruption to operators of restaurant and food/beverage vendors, as detailed in the paragraph below.

10. In summarizing detail, the X ayabury subproject will result in: (i) No loss of residential land. (ii) No loss of primary structures. (iii) No loss of secondary structures. (iv) No loss of productive land. (v) No temporary disruption of private land for construction purposes. (vi) No loss of business/commercial land. (vii) For water intake, raw water and treated water mains, PNP office and the X ayabury

District decided to provide the required area for the implementation of the subproject. (viii) No loss of trees and crops of private owner. In case non-private trees on

governmental land would be affected the Xayabury District confirmed, that there will be no request for compensation requirements.

(ix) No loss of common property providing public services. (x) For the VE I component in their administrative units the 15 subproject villages will

provide communal land as required for the discussed and agreed VE I measures. (xi) No vulnerable households as no AHs. (xii) No Indigenous People as no AHs. (xiii) No cases of temporary business loss because of pipe installation, as construction

disturbances between 1 to 3 days will be mitigated through access over trenches, immediate backfilling and other measures if required. However, this will be reviewed by PIU and village authorities during actual pipe installation works, leading then to a confirmation of impact or no impact. In the event of impact, the household is entitled to cash compensation. During detailed design, AHs stated that they intended to waive their rights to compensation due to the minimal values, but this shall be reconfirmed once actual impact has occurred, and if AHs require compensation, compensation shall be provided in accordance with the entitlement matrix.

11. In summary, there are no AHs.


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1.4 Consultation, Participation and Grievance Mechanisms

12. This Updated Land Acquisition and Compensation Due Diligence R eport (LAC-DDR ) was prepared in October 2017 based on related fieldwork carried out in August 2017, and revises the LACP from the feasibility study with its preparatory and planning work which was prepared in S eptember 2017 based on related fieldwork carried out in February, March and August 2017. In this context, information has been provided (i) through 27 coordination and public village meetings attended by 2,187 (1,079 female and 1,108 male) villagers composed by ethnic groups of 2,091 Lao-Tai, 60 Hmong-Mien and 36 Mon-Khmer participants, (ii) during joint transect walks in project area related to PMS and DMS , (iii) during individual socio-economic surveys of affected households (S E S AH). These meetings include 2 LAR C related district meetings with 60 attendees (8 female) who were informed by the Implementing Agency (IA) and the Project Implementation Assistance (PIA) about subproject scope, implementation schedule, AHs entitlement and eligibility, as well as land acquisition, compensation, voluntary contribution, and mitigation. They were also informed about measurement surveys of affected assets, the Cut-off–Date (CoD), and socio-economic surveys of affected households. The provision of information will continue during the construction phase including (iv) further public meetings during mobilization of contractor, and (v) others.

13. It has been based on a consultative and participative approach leading to (a) partly modified design features for the water supply infrastructure, (b) avoiding private land acquisition and preferring the provision of gov. and communal land, and (c) no significant impacts to AHs. The feedback from villagers through public meetings or individual discussions during surveys concerns the following three major items: (i) they appreciate the subproject to be implemented in their villages, (ii) they show high motivation to cooperate with the subproject, and (iii) they expect improvements for their living standard. It is noteworthy, that no concerns or issues were raised by them.

14. During surveys in the subproject area specific feedback from the contacted households indicated their high satisfaction of the subproject bringing them “a better life” and their hope for a soon start or construction works. It is remarkable that residents of the villages in the subproject area are very motivated and willing to coordinate with the subproject, in particular for the VEI component. This also indicates the high number of 1,418 (711 female and 707 male) participants of VE I related 15 public meetings held in October and November 2017.

15. The defined grievance approach aims at having complaints ideally passed through four stages before they could be elevated to a court of law as a last resort. The Project’s objective is to handle and solve any complaints those for stages before a complainant would approach a court. Affected persons are entitled to lodge complaints regarding any aspect of the preparation and implementation of the land acquisition and compensation without prejudice to their right to file complaints with the court of law at any point in the process.

1.5 Planning, Implementing and Monitoring

16. The planning of compensation and mitigation measures has been prepared based on the Inventory of Loss. It indicates no costs for compensation and mitigation measures. Furthermore, costs for land acquisition, resettlement and compensation (LAR C) and safeguards implementations are generally borne by separate project and governmental budgets. As the IA in cooperation with the local authorities have given high priority to land requirements, the provision of governmental land has been completed already.

17. The Ministry of Public Works and Transport (MPWT) is the executing agency (E A) for the Project with the responsibility for overall project coordination and management that has been transferred to its Department of Water S upply (DWS ), which has established the National Project Coordination Office for day-to-day management of the Project.

18. The implementing agency (IA) at provincial level is the PNP. Provincial Project Implementation Units (PIU) have been established responsible for subproject related financial


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management at provincial level, and coordination and management of implementation of subprojects. To assist implementation of subprojects at district level, District Coordination Offices (DCOs) have been established with focus on coordination and supervision of subproject activities.

19. The subproject’s construction phase covers 30 months. The envisaged mobilization of contractor and start of civil works by 1st quarter 2018 is dependent on approval of detailed design, bidding evaluation, negotiations and concurrence of the updated LAC-DDR . The concurrence of this updated LAC-DDR by ADB is expected by 4th quarter 2017 before start of construction.

20. During implementation and operation phase the internal and external Monitoring and E valuation has to be performed to elaborate on performance and impacts of the subproject’s activities. Its technical approach has to be transparent, and any data or information made available to involved stakeholders either in Lao and/or E nglish language.

1.6 Conclusions

21. There is no acquisition of private assets required (land, structures, others), and nor loss of income expected, so that this subproject can be classified under Asian Development Bank (ADB) Category C (project has no involuntary resettlement impacts and no further action is required).

22. The updated land acquisition planning during detailed design stage served for reviewing, planning, preparing and implementing the formal acquisition and compensation.

1.7 R eporting Notes

23. The structure of this Land Acquisition and Compensation Due Diligence Report (LAC-DDR ) has been orientated towards the requirements for Resettlement Plans as outlined in the “ADB’s S afeguards Policy S tatement (2009).

24. According to Lao PDR Decree 2432 (dated 11/11/2005 on “R egulations for Implementing Decree 192 dated 07/07/2005 on Compensation and R esettlement of People Affected by Development Project”) a resettlement planning document is called “Land Acquisition and Compensation R eport” if impacts of the project are not serious (mostly marginal), which is the case for this subproject. However, as this is an ADB classified Category C project, this report has been prepared as a LAC-DDR .


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2. PR OJ E CT DE S CRIPTION

2.1 The Water S upply and S anitation S ector Project

25. The Project will improve the performance of provincial water utilities, called provincial nam papas (PNPs), and expand access to safe piped water supply and sanitation for urban residents in small towns in the Lao PDR. It will contribute to the government’s urban sector targets (90% coverage for piped water supply and 100% coverage for sanitation by 2030) by improving sector coordination and policy implementation in corporatization, improving nonrevenue water (NR W) management and expanding water supply in provincial towns, developing new water supply systems in small towns, enhancing community action in urban water supply and sanitation, and strengthening capacity for project implementation and operation and maintenance (O&M). The Project will expand water and sanitation services to small district towns, provincial capital towns and their peri-urban areas in accordance with the Government’s urban water supply and sanitation strategy, 2013–2030, and water supply investment plan, 2012–2020. 26. The Project’s five outputs are:

Output 1: Improved sector coordination and policy implementation. Output 2: Improved nonrevenue water management and water supply development. Output 3: Developed new water supply systems in small towns. Output 4: E nhanced community action in water supply and sanitation. Output 5: S trengthened capacity for project implementation, operation, and

maintenance. 27. The impact will be expanded access to quality and reliable piped water supply and sanitation services for the urban population in the Lao PDR . The outcome will be improved performance of participating PNPs in delivering sustainable water supply and sanitation services. The Project adopts a sector approach following a prioritized list of subproject towns based on the water supply investment plan. The Project will support about six PNPs to improve and develop water supply systems in about two towns per province. It will provide capital to selected PNPs that are state companies, have prepared a corporate plan, and have arrears less than 90 days. E ach PNP will receive funds to rehabilitate and expand its provincial capital water supply system and to construct a new water supply system in one small town. E ach town selected will have 4,000–20,000 residents. It is expected to improve access to water supply for 155,000 people and improved sanitation for 160,000 people in these urban areas. 28. With the sector approach, potential subproject towns were subject to initial screening and prioritization under TA 8150 before being accepted as a candidate for the Project. Three sample subprojects were selected for feasibility study under the TA – Pha Oudom (Bokeo), Luang Namtha and Long (Luang Namtha). Following feasibility study, the subprojects were checked against eligibility criteria agreed between the Government and ADB as a condition of approval for ADB funding, and then included in a subproject appraisal report. These three subprojects are implemented in Phase I of the Project. 29. E leven (11) towns have been assigned a high priority based on the following criteria (i) Current performance; (ii) Government development priority; (iii) projected population and growth rate; (iv) development potential; (v) poverty status; (vi) previous investment in water supply and sanitation in the province; and (vii) previous inclusion on the S mall Town Water S upply and S anitation S ector Project (S TWS P) long-list. 30. The WS S P will focus initially on priority subprojects nominated by the PNPs that have received support for corporate planning and financial management under S TWS P, as these are the only PNPs that are able to meet the abovementioned financial performance criteria at this stage. However, other PNPs may be given the opportunity to participate in the Project if they can


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improve their performance and meet the selection criteria during the implementation period. The final number of subproject towns included in the Project depends on the overall amount of funding, project scope and the implementation period agreed between Government and ADB. The Project approach will partner a subproject for expansion of the provincial capital with a small district town within the same province. Pro-poor mechanisms include free water supply connections for all, and subsidies for the poor for toilet construction. 31. Village environmental improvements (VE I) will also be implemented in the prioritized subprojects, and will promote demand-driven, community-managed environmental improvements, such as construction or rehabilitation of small-scale community improvements (e.g., drains and village access roads). Together with VE I, improved household sanitation for the poor will be provided. During the village planning process, poor households will be identified and will be eligible to receive a sanitation grant for building or upgrading their existing sanitation facility. 32. In parallel with the capital investments, the key elements of sector and policy reform will be addressed at strategic points during the implementation process. For example, corporate plans will be updated, service agreements established and expanded, improved financial management, continued tariff reform, free connection policy expanded and district sanitation regulations. S imilarly, sector coordination will be improved through support to the water supply and sanitation subsector working group under the Technical Working Group on urban development. 33. The order in which subprojects are implemented will be determined by agreement between the Government and ADB, depending on (i) readiness of the concerned provincial and district governments to implement the subprojects, and; (ii) geographical grouping of the subprojects to minimize costs and maximize implementation efficiency. Once a subproject is selected as a candidate, the set-up of a NRW management program and team will be a fundamental conditionality to all other activities. 2.2 Xayabury S ubproject

34. This subproject is one of four subprojects of Phase II. It includes the construction of a water supply system, sanitation works and financial and technical assistance for village environmental improvements in 22 core villages. 35. The water supply system of Xayabury will be designed to operate in one distribution system by developing the capacities of the water source facilities, WTP, and reservoirs, all designed for 15 years (2034) while the pipelines’ capacity is designed for 20 years (2039) from the date of commissioning in 2019.

Technical Facilities: The proposed new water supply infrastructure will be built mainly at the current WTP location and will include: (i) a tower intake on the Nam Houng R iver with 13,500 m3/d pumping capacity; (ii) 3.6 km raw water transmission main to the existing pre-sedimentation tank; (iii) construction of a new 8,500 m3/d WTP comprising flocculation, sedimentation with lamella technology, rapid sand filtration, additional elevated backwash storage, air blower and chlorine dosing facilities, laboratory and polyaluminum chloride (PAC) dosing facilities, and detention ponds; (iv) rehabilitation of the existing WTP by replacing the filter media, chemical dosing systems, air blower, and including a mechanical mixer at the flocculation inlet; (v) and additional 2,950 m3 clear water storage capacity. The distribution network will operate in one gravity-fed main distribution system from the clear water ground reservoirs at the WTP, with two gravity-fed sub-distribution systems from storage reservoirs in outer villages. The distribution network will include approximately 40 km of new main distribution pipeline and 100 km of rider mains.


7

Appurtenances such as gate valves, DMA water meters, air valves, and wash-out valves will be provided to facilitate the efficient operation and maintenance of the system. The new elevated backwash tanks and clear water ground reservoirs are sized to include additional storage capacity for the existing WTP, as required by clear water storage design criteria. One detention pond will be constructed to be used by both WTPs. Approximately 200 m of access road will be constructed to the proposed WTP and intake.

Other Facilities: Basic equipment will also be procured for operation and maintenance of the water supply system. PNP staff will receive training in water supply utility management, operation and maintenance and basic non-revenue water (NRW) management.

36. Under the Project’s Village E nvironmental Improvements Component the subproject with its 14 core villages has engaged in J anuary 2017 in a participatory process to identify local needs which were specified as follows: eight two-room facilities will be constructed at town meeting halls, and ten four-room facilities at schools, temples, and public areas, for a total of 18 public sanitation facilities, rehabilitation on 90 village roads with a total length of 19,543 m, and 1 village office. This will require both rehabilitation and new construction works. The participation of villages aims not only in their involvement in the selection process of proposed improvement measures, but also in their active contribution during construction stage, and their leading role for O&M of the communal infrastructure, which would be provided with financial and technical assistance from the Project.


8

F igure 1: General Proposed Layout of Xayabury Water S upply S cheme (S heet 1)


9

F igure 2: General Proposed Layout of Xayabury Water S upply S cheme (S heet 2)


10

3. S COPE OF L AND ACQUIS ITION AND R E S E TTLE ME NT

37. The feasibility design considered components of a water supply scheme, which does not require private land acquisition. This has been reviewed during the detailed design stage confirming the proposed locations of intake, pumping stations, WTP, reservoir and access roads. For the main and distribution networks only existing R ight of Way have been selected for alignments of pipes.

38. The subproject will involve physical changes through the earth moving, but also in constructing the mentioned water supply infrastructure. The engineering design follows the existing R oW to the extent possible, so that there is no need for private land acquisition. This is the optimized technical approach and engineering concept for this subproject.

39. These non-requirements for land acquisition by this subproject have been defined in October 2017 and are based on a DMS combined with joint transect walk of participating village representatives, PNP, PIU and PIA. Based on discussions between PIA and ADB staff during the review mission in J une 2017 a complementary site inspection was undertaken in August 2017.

40. The WS S P design for subprojects will restrict its alignment options of main, distributor and rider main pipelines to existing R oW as illustrated in Attachment 1.3. Their definitions have been included in the WS S P’s R F with reference to the Lao R oad Law as the guideline setting out the principles and regulations for public roads outside of urban areas, and divides public roads in Lao PDR into six classes, viz. (i) national roads (Width of road limits WRL: 50m), (ii) provincial roads (WRL: 30m), (iii) district roads (WR L: 20m), (iv) rural roads (WR L: 10m), (v) urban roads (WR L defined by urban master plans), and (vi) special roads. The road classes and their corresponding road limits are defined as the total width of the road, including road surface, shoulder, footpath, drainage ditch and the reserved zone. No development or activity is permitted within the reserved zone for the road, except with the specific permission of the R oad Authority.

41. The Urban Masterplan and the Rules and R egulations of Town Planning govern the planning, design and construction of urban roads. There are five types of urban roads, viz. (i) arterial roads (R ight-of-Way: 30m), (ii) sub-arterial road (R oW: 20m), (iii) collector road (RoW: 15m), (iv) distributor road (R oW: 12m), and (v) small residential roads (R oW: 4 to 6m). The regulations define the road RoW for each class of urban road. The R oW area serves as a guide for road construction and road widening. Within the RoW, no construction is permitted except buildings serving for traffic, or public facilities (footpath, electricity, water supply, drainage, telecommunications facilities, decorative features and advertisements).

3.1 Permanent Land Acquisition

42. The land acquisition concerns sites (intake, WTP, tank) or areas of linear nature (access roads, raw and treated water mains). A land acquisition screening has been prepared under Attachment 1 indicating that there is no loss of private land. For any land requirement, governmental land will be allocated by the Xayabury District as contribution to the subproject.

3.2 Temporary Land Acquisition

43. Any temporary site installation and access roads the contractor will have to propose in a site installation and access plan and obtain approval by the resident site engineer. Where possible, public land will be used for temporary land use. Through a transparent and contractual approach, the Employer will provide the contractor with the project’s land acquisition and compensation principles to ensure that (i) official compensation rates are applied, (ii) re-instatement of affected assets contractually defined, (iii) consultation taking place, (iv) grievance mechanism followed, (v) E MP applied, and (vi) other items specified.


11

3.3 Affectedness

44. The affected assets and the related AHs are summarized in Table 1. The acquisition requirements concern (a) no private assets, (b) only governmental land, and (c) temporary disruption to business, but also (d) no restriction of community/public services, (e) no physical relocation through loss of assets, access to assets, income sources, or means of livelihoods. There are also (f) no requirements for resettlement by this subproject as no physical displacement of people will take place.

45. There is no cost estimate for loss of permanent assets, as there are no cases of private households affected. 46. There is no loss of temporary income to report, as the installation of main and distributors will not cause economic cases to be compensated, because of proposed construction methods (excavation by machine or hand, provision of temporary pathways, direct backfilling of trenches, others). 47. The villagers contacted during the consultation meetings and/or socio-economic surveys after discussions with village authorities, indicated their willingness to support the subproject. Table 1: S ummary of Subproject Affected Assets, Households and S everity of Impacts

Type of Affected Asset

Components Level of

Affectedness

S everity of

Impact AH Head of

AH AP Admin. Unit

WS VEI

Access R aw Water

Treat-ment

Distri-bution

I m p a c t s o n P h y s I c a l A s s e t s R es. Land

0 None

0

Productive Land

Com. Land All Minor Negligible

Gov. Land x x Prim. S tructures

0 None S ec. S tructures

Trees

I m p a c t s o n I n c o m e A c t I v I t I e s Disruption to Income TWTM 0 None 0

Abbreviations for Water S upply and S anitation (WS S ) Components A:= Access IT:=Intake PS := Pumping S tation TWTS := Potable Water Transmission S ystem Dr:= Drains Di:= Distributors WTP:= Water Treatment Plant R WTM:= Raw Water Transmission Main M:= Main R := Reservoir WT:= Water Tank PNPO:= Provincial Water S upply Operator Office Abbreviations for Village E nvironmental Improvements (VE I) Components Infrastructure R := R oad F:= Footpath Dr:= Drains IO:= Infrastructure Others Facilities PO:= Public Offices PT:= Public Toilets M:= Market FO:= Facilities Others


12

4. S OCIO-E CONOMIC INFOR MATION AND PR OFILE

4.1 S ocio-E conomic Baseline

48. S upported by the detailed design stage related LAC fieldwork (DMS , consultation meetings in villages and transect walks) performed by the PIU, DCO and PIA, it has been noticed that both the socio-economic situation of villagers and the features of the subproject villages did not change remarkably since the preparation of the feasibility study. The information of this section 4.1 as well as section 4.2 therefore present the socio-economic description of the subproject as presented in the socio-economic survey report of the subproject’s feasibility study.

49. Xayabury district town lies about 100 km to the south-west of Luang Prabang and about 385 km by road north-west of Vientiane. In 2015 X ayabury District had a total of 77 villages with a population of 72,295. Twenty-two villages are currently served by the PNP, and four additional villages are to be added by PNP in the sub-project extension. From village and district government population data, there are 6,377 households in the 22 core villages, with a total population of 32,506. The district government provided data for the dependency ratio (ratio of 0-14 and over 65 age group to total population) which worked out to 28%, which is extremely low given the national figure of 39%.

50. The local economy is based on services, agriculture and trade. The main income is from rice cropping, government service, animal breeding (cows, pigs and poultry), and trade. A higher percentage of women in both new and existing service villages worked as traders or small business operators, and a higher percentage of men worked as labourers. More men were government officials, and more women were farmers. More than a third of women in both samples, and more than half the women in women-headed households, worked as home-makers. The average household income for women-headed households, at LAK 2,823,000, was less than half of that of male headed households (LAK 6,037,000). However, from the survey results, women-headed households were much smaller (average of 2.95 persons) than male headed ones (5.15 persons). This translates into an average per person monthly income of 957,000 for people in women-headed HHs and 1,172,000 for male-headed HHs.

51. The population of the core villages (all of which are existing serviced villages) in the proposed X ayabury water supply system is shown in Table 2 as villages 1 to 22. V illages 23 to 26 are the future extension villages. The data were gathered directly from the villages listed from the year 2014.

Table 2: Core and E xtension Villages of Xayabury Town and their Population V illage Name Households Total

Population HH size

1 S imuang 420 2214 5.27 2 Thin 309 1659 5.37 3 S imoungkhoun 260 1467 5.64 4 Don-Mai 272 1488 5.47 5 Donngeun 251 1165 4.64 6 Boung 290 1368 4.72 7 Pong 236 1170 4.96 8 Thana 533 2507 4.7 9 Nagnao 426 2179 5.12

10 Kaeng 303 1582 5.22 11 Phapoun 128 676 5.28 12 Nahai 308 1571 5.1


13

V illage Name Households Total Population HH size

13 Gnai 139 696 5.01 14 Nongxaeng 117 527 4.5 15 Nalao 264 1279 4.84 16 Nato-Noy 245 1285 5.24 17 Vangkham 161 782 4.97 18 Longpo 238 1182 5.32 19 Nala 502 2670 5.01 20 S ouan 171 789 4.97 21 Nalaenglouang 144 722 5.01 22 Nalah 113 562 5.18

S ub-total 6,377 32,506 5.10 Future E xtension Villages

23 Nato-Gnai 161 782 4.86 24 Nonsavan 171 789 4.61 25 Vangxoy 132 637 4.83 26 Natak 306 1512 4.94

S ub-Total 770 3,720 4.83 Total 7,147 36,226 5.07

52. Poverty in urban Laos is mainly linked to rural-urban migration and the lack of labour opportunities for many of the migrants. Data from the village authorities showed a poverty rate of .3% in the eight sample villages, while the district government provided a figure of 0.2% (9 of 4,385 households). The sample survey question on poverty involved self-assessment by interviewee on poverty status and produced the much higher rate of 10.4% (in line with the national urban poverty rate of around 10%). However, based upon the GoL income test of 240,000 kip per person per month, there were only five households in poverty, or about 2.1%. About 8% of Lao/Tai groups, 10% of Mon-Khmer groups, and 5% of Hmong were poor by the GoL income test. R ich households (reckoned at a per person income of more than LAK 2,000,000 per month) were relatively more common amongst the Hmong and Iu Mien group (26.3%) than either the Mon-Khmer (10%) 0r Lao-Tai groups (12.5%).

53. Of the eight surveyed villages only Nalah was almost exclusively inhabited by Lao-Tai people (which had a majority Youan or Nhuan). Other villages had sometimes large numbers of Khmu, Hmong and Iu-Mien (Y ao). The survey data indicated that about 92% of heads of households overall are fluent in the national language (94% in the new villages and 90% in the existing coverage villages). The heads of households whose first language was not Lao spoke Khmu 2.4%, and Hmong 5.2%.

54. The level of education by gender. It can be seen that male household heads overall have more years of education than female heads, 67% of whom have only primary or no education, compared to 41% of male heads. About 33% of male and 9% of female heads of households had a post-lower secondary education. Khmu respondents typically had slightly less education than the Lao/Tai groups. The proportion of those surveyed in the new villages who said their first language was Lao is 94%. In the villages with existing water supply, the proportion was slightly lower. About 16% of female heads of households and a 4% of male heads who have never been to school might also have difficulties reading written material. The communication media designed for the project should take this into account.

55. Over 97% of respondents in the existing service villages owned the house they were living in, compared with 93.5% in the new villages. All others lived on land owned by


14

relatives, and over 50% of houses in all villages apart from Vangkham (42%) were described as permanent, being made of bricks, concrete, and wood. Over 8% (21 of 250) of houses were constructed from temporary materials. The highest proportion of permanent houses was found in Nonsavan (71%) and S imuang (69%).

4.2 S ocial Impacts

56. The subproject will provide water supply infrastructure of the subproject villages. It also includes village environmental improvement activities, where village infrastructure has been selected for design and construction or rehabilitation, as discussed between village representative, DCO and PIA. In addition, there are other benefits, such as but not limited to, health improvement, educational awareness on WS S , assumed increase in households’ income activities, because of reduced or no time budget required for family members concerning water collection. 57. The social impacts are overwhelmingly positive as the villages will experience a better and reliable water supply leading to an increase of their living quality. There are no negative impacts on private physical assets, and also no economic impacts on AHs. 58. For these reasons the consulted villagers appreciated very much the WS S P, and underlined their motivation to collaborate with the subproject. 4.3 Profile of Affected Households

59. Nothing to report.as there are no AHs.


15

5. INFOR MATION DIS CLOS UR E, CONS ULTATION AND PAR TICIPATION

5.1 R equirements

60. In general a meaningful consultation is a process that (a) begins early in the project preparation stage and is carried out on an ongoing basis throughout the project cycle; (b) provides timely disclosure of relevant and adequate information that is understandable and readily accessible to affected people; (c) is undertaken in an atmosphere free of intimidation or coercion; (d) is gender inclusive; (e) enables the incorporation of all relevant views of affected people and other stakeholders into project design and implementation; and (f) ensures the participation of AHs in planning, implementation, and monitoring and evaluation of resettlement programs. 61. For this subproject a final detailed inventory of loss has been carried out during detailed design stage determining a record of accurate measurements of type and level of loss. These steps are embedded in a transparent consultation process with further public village meetings both during detailed design and construction stages as defined by the WSS P’s R F. The APs have been and will be properly informed of all subproject activities. The information includes the specific activities, schedules, impacts and mitigation measures. The information is provided through public meetings led by PIU and/or DCO and village authorities and/or committees as required in the consultation and participation section of the R F . 5.2 Achievements

62. The disclosure of LAC information, consultation and participation of residents in the subproject took place in February, March and August 2017. The contacted residents have a good understanding about the subproject and its land acquisition related aspects. The contacted villagers (i) show repeatedly an open attitude and a confirmed very supportive behaviour towards the subproject as water supply and sanitation are topics of high interest, and (ii) did not raise serious concerns or issues.

63. Provincial and district officials, as well as village representatives, households and families have been informed about the subproject in general and LAR C aspects in particular. The subproject ensured that APs and other stakeholders have (a) obtained information about LAR C aspects, and (b) opportunities to participate in the LAR C process. In addition VE I consultation took place. An overview about related governmental coordination and community consultation has been prepared in Attachment 2, which covers LAC as well as the VE I component.

64. The dissemination and consultation activities are performed as an integral part of the resettlement planning process to inform the concerned villages about LAR C items through (a) village meeting/s and (b) individual clarifications, in addition to (c) joint transect walks. During PMS fieldwork, the staff of E A and IA, as well as the PIA consultants initially provided information about participation of affected persons in land acquisition activities, the involvement of district and village leaders in the overall process, type of compensation and mitigation measures.

65. The feedback of consulted people given to E A, IAs and PIA in site meetings as well as further consultation and discussion during DMS /PMS related fieldwork with villagers and findings have been considered by the preparation of this LAC-DDR . On-site consultation will have to be completed during detailed design stage.


16

6. COMPLAINTS AND GR IE VANCE R E DRE S S ME CHANIS MS

6.1 R equirements

66. These mechanisms are defined in the Project’s R esettlement Framework aiming at the participation of APs throughout the various stages of LAR C planning and implementation of subprojects. The information for APs about entitlements, compensation and supportive mitigation options and grievance mechanisms shall be provided by the Project’s relevant agencies and committees. Meetings with APs also allow the implementing agencies to identify the needs and preferences of APs pertaining to compensation and rehabilitation assistance and to reduce any negative potential impacts caused by the proposed subproject.

67. In terms of grievance redresses, the consulted villagers have been briefed about rights to grievance and the procedures in case LAR C items would become a subproject related issue. This shall be repeated through pre-construction meeting in villages near the site. This will be public meetings organized through the PIU. Local stakeholders, the contractor and construction supervision consultants will be present. The work program including review of the subproject’s infrastructure layout will be presented. The safeguards including LAR C, environment and gender aspects will be explained as will the GR M.

6.2 Grievance Approach

68. The main steps outlined in Table 3 serve as an orientation for the grievance main approach. For each step details shall be described, agreed and explained to both resettlement responsible committees and the AHs. As a general policy, the implementing agency will work proactively toward preventing grievances through the implementation of impact mitigation measures and community liaison activities that anticipate and address potential issues before they become grievances. In case unanticipated impacts may occur and if the mitigation measures are not properly implemented, or unforeseen issues occur, the outlined procedure will be followed for the GR M by the subproject. The objective of the grievance redress mechanism is to resolve complaints as quickly as possible at the local level through a process of conciliation, and if that is not possible, to provide clear and transparent procedures for appeal. 69. The subproject’s GR M will rely on the existing village arbitration units (VAU) that have already been established in the core villages. The Village Development Committee (VDC) generally consists of the village chief, deputy chief, village secretary, and village representative of the Lao Women’s Union, Lao F ront for National Construction, village elders, youth, and village land taxation unit. The VDC is responsible for settling disputes between villagers through conciliation and negotiation. In the absence of these units, the members of the village committee (if formed) or the villager leaders will act as grievance officers. The AHs may present their complaints to the concerned local administrative officials and resettlement committees. The complaint can be filed first at the village level and can be elevated to the highest or provincial level if the APs are not satisfied with the decisions made by the village and district levels/committees. APs will be exempted from all taxes, administrative and legal fees associated with their claims and grievance redress.

70. However, APs are entitled to lodge complaints regarding any aspect of the preparation and implementation of this LAC-DDR without prejudice to their right to file complaints with the court of law at any point in the process. The implementing agencies will shoulder all administrative and legal fees that will be incurred in the resolution of grievances and complaints. 71. Complaints can be made verbally or in written form. It is recognized that members of AHs might not have writing skills or ability to articulate their grievances verbally, however, then AHs are encouraged to seek assistance from the subproject and/or nominated local


17

non-governmental organizations and/or other family members, village heads to have their grievances recorded in writing and to have access to the LAR C documentation, and to any survey or valuation of assets, to ensure that where disputes do occur all the details have been recorded accurately enabling all parties to be treated fairly. In the case of verbal complaints, a written record of the complaint will be made during the first meeting with the complainant. 72. All complaints and resolutions will be properly documented and be available for (a) the public and (b) review for monitoring purposes. At each stage of the grievance redress mechanisms (GR M), careful written records will be maintained. The VDC/VAU will submit reports to the DPS C documenting (i) the complaints received; (ii) the names and other pertinent information about complainants; (iii) the dates of the original complaint, meetings and any other actions; and (iv) the outcomes and/or resolution. The DPS C, PPS C, and DWS will each maintain similar records for appeals that are submitted to them. The records of grievances will be included in regular progress reporting on the subproject.


18

Table 3: Project Main S teps of Grievance Mechanisms S teps, Actions and L evels of Intervention Time

▼

V I L L A G E (S U B P R O J E C T A R E A) Address: 22 villages offices Contact Person: 1. head of villages Phone: published

1

1.1 In the first instance, complainants will raise complaints or grievances to the Village Development Committee (VDC) or other designated village arbitration unit (VAU).

1.2 The VDC / VAU will organize a meeting with the complainants to resolve the issue using its traditional methods of conciliation and negotiation.

1.3 The meeting will be held in a public place and will be open to other members of the community to ensure transparency.

1.4 The VDC / VAU aims at clarifications and amicable solution with the complainant. 1.5 This mediation aims at a village internal immediate solution agreed with the subproject. If the complaint cannot be solved at this stage, the next step is to apply.

Max. 5

days

▼

D I S T R I C T I M P L E M E N T I N G L E V E L Address: Xayabury office, DNP or (PIU) Contact Person: 1. District governor Phone: published

2

2.1 Complainant can bring the complaint to the District Project S teering Committee (DPS C). 2.2 Involvement of District Resettlement Committee (DR C). 2.3 Contribution of local administration. 2.4 Participation of village representative/s. 2.5 DPS C / DR C will meet with the complainant and VDC /VAU to discuss the complaint. 2.6 DPS C / DR C to provide its decision aiming at a mutual arrangement to solve the complaint. If the complaint cannot be solved at this stage, the next step is to apply.

Max. 10

days

▼

P R O V I N C I A L I M P L E M E N T I N G L E V E L Address: 1. Xayabury, 2 PIU Contact Person: published Phone: published

3

3.1 Complainant can appeal to the Provincial Project S teering Committee (PPS C). 3.2 Involvement of Provincial R esettlement Committee (PRC). 3.3 Contribution of authorities. 3.4 Participation of village representative/s 3.5 PPR C will meet with PRC/DRC and the complainant to clarify the complaint. 3.6 PPS C to inform about its decision aiming to solve the complaint. If the complaint cannot be solved at this stage, the next step is to apply.

Max. 10

days

▼

M I N I S T E R I A L P R O J E C T E X E C U T I N G L E V E L Address: 1. DWS , 2. PCU Contact Person: published Phone: published

4

4.1 The complainant can submit his/her grievance to Department of Water S upply (DWS). 4.2 DWS acts on behalf of the MPWT. 4.3 DWS to verify with PR C and DR C. 4.4 DWS might consider an independent external opinion in this matter. 4.5 Ministerial decision about solution. If the complaint cannot be solved at this stage, the next step is to apply. Before applying step 5, additional efforts should be made to find an agreement between Project and AH.

Max. 10

days

▼ C O U N T R Y

5

5.1 F inal step to solve land acquisition, boundary and/or compensation issue. 5.2 The complainant may submit through DWS his/her case to the Court of Law. 5.3 Court will take note and register the case. 5.4 Court to provide final juristic decision. 5.5 In case of required actions the complainant and/or sub-project proponent have to follow.

Max. 10

days

1-5 A S I A N D E V E L O P M E N T B A N K

Web page: https//www.adb.org/site/accountability-mechanism/how-file-complaint


19

7. IMPLE ME NTATION S C HE DULE

73. As of August 2018 the schedule of activities concerning the X ayabury subproject will be implemented in parallel with the other 3 subprojects of Phase II and considers a construction period of 30 months starting latest in 1st quarter 2018 with award of contract and contractor mobilization followed by physical construction works. The commencement of operation of the WSS infrastructure is scheduled for 3rd quarter 2020.

74. A general overview about the Project phases has been prepared for the project phases in Table 4 indicating performed and scheduled activities of design and construction works, together with related LARC activities. 75. Concerning LAC activities, the surveys at feasibility study and detailed design levels (PMS , DMS and S E S AH) have been completed. S ub-project specific, there is the following status:

Land: No further action required. The land requirements did not change. PIU and local authorities completed the land for land compensation during the feasibility stage. R elated documents and agreements about compensation, ownerships and use of land are complete and have been provided.

Trees: No action required. Income: Action required.

The installation of main and distributor pipes includes temporary measures (access over trenches, immediate backfilling and others), so that the construction disturbances of 1 to 3 days will not lead to loss of income. However, during the installation taking place in the right-of-way (i) an inspection concerning impacts will be undertaken by PIU and village authorities, so that (ii) in case of a real impact to either have AHs donating this loss of income or requesting in-cash compensation to be paid immediately during the actual impact occurring. R estoration of access shall be ensured, though shall be implemented by the contractor.

ADB – MPWT: Water S upply and S anitation S ector Project F inal Updated Land Acquisition and Compensation Due Diligence Report – Xayabury S ubproject

20

Table 4: S tatus of Performed/S cheduled Activities of Xayabury S ubproject


21

8. MONITOR ING AND R E POR TING

76. The LAC monitoring is embedded in the overall M&E approach of the subproject as defined by the WS S P’s R F . The M&E distinguish between internal and external components. The technical approach of the LAC related M&E will have to be transparent, and any data or information made available to involved stakeholders in Lao and/or E nglish language, whichever is more comprehendible to a given stakeholder group. 8.1 Internal M&E

77. The PIU in cooperation with DCO and with support from PIA is responsible for internal monitoring of LAC implementation. The monitoring strategy should partly be based on a participative approach involving different stakeholders, such as communities, organizations, individuals, representatives and others, but certainly subproject affected people. A resettlement related internal monitoring concerns mainly LAC-performance in terms of whether the overall subproject and resettlement objectives are being met mainly with focus on (a) assessing if mitigation measures and compensation are sufficient, (b) identifying methods of responding immediately to mitigate problems through remedial actions, (c) smooth transition between LARC activities and civil works, (d) updates of complaints overviews and their management applying GR M, (e) follow up of contract with contractor concerning social-environmental safeguard requirements (the provision of preferences of AH members for job opportunities in case of interest by AH), and (f) others, as regarded necessary. The internal monitoring covers also impacts of voluntary contribution: (g) review the process and documentation of voluntary contributions of AHs to the subproject; (h) the work of contractor in ensuring that no damage have been done to property/land during constructions and/or are reinstated as part of the contractually required rehabilitation and construction works. 78. The internal M&E has to orientate it methodology and apply key indicators as defined in the R F of the WS S P. Quarterly monitoring report from PIU will provide the achievements, progress and define remedial actions required. The PCU will verify and consolidate these reports in its quarterly M&E reports to be submitted to ADB. 8.2 E xternal M&E

79. Independent external monitoring of LAC aspects has been integrated in the subprojects overall external safeguards monitoring on an annual, mid-term and/or end-term basis. PCU will have to initiate this task to be carried out through an independent monitoring organization (IMO) possibly by an independent individual specialist, organization or authorities. The external M&E will include impact and effects monitoring including but not limited to the following: (a) voluntary land donation, (b) involuntary land acquisition and compensation, (c) socio-economic effects, particularly changes in living standards and livelihoods, (d) documentation of conflicts and complaints and their status, (e) documentation of jobs by contractor provided to local residents, and (f) additional mitigation measures, as required. This monitoring will evaluate public, communal and/or private post-land acquisition impacts to assess whether impacts of the subproject, if occurring, have been mitigated. 80. The external M&E has to orientate it methodology and apply key indicators as defined in the R F of the WS S P. The IMO shall work closely together with the PIU and DRC in all activities. E xternal safeguards M&E reports will be prepared in accordance with the contractual agreed requirements through the implementation period of the LAC reports.


22

ATTACHME NT 1.1: LAR C F ACT F INDING: S CRE E NING & IR PR OJ E CT C ATE GORY TE CHNICAL DE S CR IPTION

F E ATUR E S Y E S NO C AS E S 1. Upgrading or rehabilitation x Both cases apply 2. Construction of new physical facilities x 3. R esidential subproject area x Both cases apply 4. Non-residential subproject area x

MAIN C OMPONE NTS Y E S NO DE S C R IPTION 5. Access x

E xisting and New

6. In-take x 7. Pump station x 8. R aw water pipeline x 9. Water Treatment Plant x 10. Water Tank / Water R eservoir x 11. Main for treated / potable water x 12. Distributors for treated / potable water x 13. Drains and access roads (VE I) x Improving existing infrastructure 14. Gov./ Public S ervice (offices, toilets) (VE I) x New components and existing ones to rehabilitate IMPACTS ON LAND AND OTHE R AS S E TS AND R E LATE D FA CILITIE S /S E RVICE S

GE NE R AL AS PE C TS Y E S NO E XPL ANAT IONS 15. R equirement of land acquisition x F or intake and water tank on gov. land. Other main

infrastructure in existing corridor of impact. 16. S ites of land acquisition x 17. E asement utilized within existing R ow x Most corridors of impact are within existing R oW. 18. Permanent land acquisition x F or main infrastructure. 19. Temporary land acquisition x If required by contractor during construction. 20. Change of ownership of land x Concerning portions of governmental land which is

required for main infrastructure. 21. Change of usage of land x L OS S OF AS S E TS Y E S NO DE S C R IPTION

22. Loss of residential (res. cum commercial land) x Disturbances of pipe installation to be managed through E MMP, so that no loss of income will occur.

23. Loss of productive land x 24. Loss of residential structures x 25. Loss of productive structures x 26. Loss of trees /crops x

E FFE C TS ON COMMUNAL/PUBLIC F AC IL ITIE S Y E S NO DE S C R IPTION 27. Loss of access to facilities x 28. Loss of access to services x 29. Loss of community assets/ ties x 30. Loss of cultural / historical properties x IMPACTS OF PE OPLE

PHYS IC AL DIS PL AC E ME NT Y E S NO E XPL ANAT IONS 31. R eplacement of houses x 32. R elocation of households x

E C ONOMIC DIS PL AC E ME NT Y E S NO E XPL ANAT IONS 33. Loss of incomes x Disturbances of pipe installation to be managed through

E MMP, so that no loss of income will occur. 34. Loss of businesses/enterprises x 35. Loss of access to income sources x 36. Loss of access to natural resources x

AFF E C TED HOUS E HOLDS / PE OPL E Y E S NO C AS E S AND NUMB ER S 37. Number of AH/AP x

None 38. Vulnerable AH/AP x 39. S everely AH/AP X 40. Non-owning AHs using land com./gov. land x F INDINGS

Category Categorization

A B C - √ D Feasibility S tudy Detailed Design New - √ Confirmed

Conclusion: There are minor impacts of assets and their owning affected households and/or users Note 1: The listed items are in accordance with checklists as defined by Lao PDR guidelines and ADB R egulations Note 2: RF required under Attachment 1 twelve questions to be check – they are covered in the same way or split into

several questions under items 15, 16, 17, 20, 22, 23, 24, 25, 26, 27, 28, 33, 34, 35, 36, 38, 39. The other items PIA include to provide additional information /data to cover more criteria of the subproject.


23

ATTACHME NT 1.2-1: L AR C F ACT F INDING: S E LE CTE D PICTUR E D IMPR E S S IONS Feasibility S tudy Phase

PHOTO 1-3 TYPIC AL CONDITIONS AR OUND LOCATION OF PROPOS E D INTAKE

PHOTOS 4-5 TR AC K FOR R AW WATE R MAIN BE TWE E N INTAKE AND E XIS TING WTP AR E A

PHOTOS 6 R OAD TO WTP

PHOTOS 7-9 E XIS TING WTP AR E A WHE R E CONS TR UC TION OF NE W WTP IS PR OPOS E D

PHOTOS 10-12 TYPIC AL CONDITIONS OF VILLAGE R OADS

PHOTOS 13-15 IMPR E S S IONS FR OM S OC IO-E C ONOMIC S UR VE YS OF HOUS E HOLDS


24

ATTACHME NT 1.2-2: L AR C F ACT F INDING: S E LE CTE D PICTUR E D IMPR E S S IONS Feasibility S tudy and Detailed Design Phase

PHOTO 16-18: UPS TR E AM R E ACH OF INTAKE LOC ATION, INTAKE S ITE , AND DOWNS TR E AM R E ACH OF INTAKE LOC ATION (FR OM LE FT TO R IGHT)

PHOTO 19-21 TYPIC AL CONDITIONS OF FOOD VENDOR S ALONG A R OAD.

PHOTO 22-24: AC CE S S TO AND R E S ER VOIR AR E A

PHOTO 25-27: ME E TINGS (FR OM LE FT TO R IGHT) WITH (I) DIS TR IC T AND VILLAGE AUTHOR ITIE S , (II) PNP , AND (III) E XAMPLE F OR A VILLAGE


25

ATTACHME NT 1.3: LAR C FACT F INDING: R IGHT OF WAY (R OW) – S CHE MATIC DE S CR IPTIONS OF AL IGNME NT S CE NARIOS

ADB – MPWT: Water Supply and S anitation S ector Project F inal Updated Land Acquisition and Compensation Due Diligence R eport – Xayabury S ubproject

26

ATTACHME NT 2.1-1: LARC CONS ULTATION AND COOR DINATION ME E TINGS R E COR D DUR ING FE AS IBILITY S TUDY S ummary on L AC during feasibility implementing phase. In February 2017, 23 meetings took place in X ayabury District with 1,635 participants (768 female, 867 male) PPTA project staff [66 (0)]. The meetings took place in the district office of Xayabury, as well as in the villages of S imeuang, S imoungkhoun, Nahai, Nala, Pong, Thin, S ouan, Thana, Vangkham, Natonoy, Boung,

Longpo, Donemai, Donengeun, Nalha, Y ai, Nayao, Kaeng, Nalao, Nalaenglouang, Phapoun and Nongsaengg, Areas of topics have been: project scope, timing, resettlement and environment issues, cut-off date, water supply system, connection policy, installation of meters, pipe laying,

temporary impacts, intake sites, water quality, protection of forests and water sources.

Implementation Phase: Land Acquisition and Compensation related Consultation for Water S upply Component Date TY PE OF ME ETING AND

L OC ATION F AC IL IT ATOR PAR TIC IP ANTS DIS C US S ION / R E S PONS ES / OUTC OME S FOLLOW-UP ACTIONS WITH R E S PONS IBIL ITY

20 Feb 2017

District coordination and consultation meeting on LAR C (Assets loss, S E S AH, etc.) at Xayabury District 08.37-11.25

PIU Village PIA

PIU Village

authority Provincia

l PNP PIA

37 participants By sex: - 5 female - 32 male By E thnic Group: Lao Tai 36 - 5 female - 31 male Hmong-Mien 1 - 0 female - 1 male 1 IA/PIA [4(0)]

Presentation: General introduction into topic, specific description on LAC, and explanation on surveys; Handing out Lao regulation; S ubproject related briefing on severe affectedness and impacts, temporary / permanent loss of

assets, vulnerable groups, entitlement; no loss of land (DMS to confirm); Others. Comments – Questions – Answers: General: C larifying and agreeing on coordination and public consultation concerning dissemination of

information and surveys (DMS , S E S AH); Gov. staff stressed the importance of WS S P. S pecific: 1.1 Mr. Vivan Houenglid / Deputy of Natural R esource and E nvironment Office. We understood the

subproject policy and confirm the need for water supply. But can you provide more information about the compensation for affected households?

1.2 Mr. Douangtou / PIA R esettlement S pecialist: The Project follows ADB policy and Lao regulation such as Degree No. 192. After detail design confirms layout of water supply scheme, resettlement team will (i) survey assets of affected households in each subproject, (ii) review conditions along roads and tracks (right-of-way), and (ii) assess current compensation rates/prices.

2.1 Mr. Phongsavan / Deputy of E ducation and S port Office: Could every school be connected to the water supply for no costs? There is also a need for sanitation facilities at schools.

2.2 Mr. Kanda / PIA S ocial Development S pecialist: The policy of GoL and the WS S Project in particular will provide “free connection” to public offices, and in case public service buildings have no toilets, it can be included in the VE I component.

3.1 Mr. Phonpiloun/ Deputy of Administration Office District: ADB might have same or other compensation approach. What will the GoL follow for this Project?

3.2 Mr. Kanda / PIA: The policy of WS S P aims at avoiding or limiting impact on private land or other assets. Concerning pipe installation, the alignment will follow the gov. land (right of way, and for site requirements such as WTP first option is non-private area.


27

Implementation Phase: Land Acquisition and Compensation related Consultation for Water S upply Component Date T YPE OF ME ETING AND

L OC ATION BY DATE / VILL AGE F AC IL IT ATOR PAR TIC IPANTS DIS C US S ION / R E S PONS E S / OUTC OME S F OLLOW-UP AC TIONS WITH R E S PONS IBIL ITY

20 Feb 2017

Village consultation meeting in S imoungkhoun village, Time: 13.53-14.55

same same

48 participants By sex: - 15 female - 33 male By E thnic Group: Lao-Tai:47 - 14 female - 33 male Mon-Khmer 1 - 0 female - 1 male IA/PIA [3(0)]

Presentation: General introduction of project features and project phases; S pecific description on LAC; Describing Grievance R edress Mechanism; Briefing on severe affectedness and impacts, temporary / permanent loss of assets, E xplaining entitlement, eligibility, and vulnerable groups; E xplaining DMS and S E S AH to be conducted if and where necessary; Providing selected environmental aspects. Comments – Questions – Answers: General: Villagers expressed their willingness to cooperate with the subproject. S pecific: None

21 Feb 2017

V illage consultation meeting in S imeuang village Time: 08.45-09.57

same same 45 participants By sex: - 26 female - 19 male By E thnic Group: Lao-Tai:42 - 26 female - 16 male Hmong-Lao 3 - 0 female - 3 male IA/PIA [2(0)]

Presentation: S ame as above. Comments – Questions – Answers: General: Villagers welcomed the project in their community. S pecific: 1.1 Mr. Ounhourn/ Villager: If project pipe installation will damage my fence or house, the project

would compensate for? 1.2 Mr. Kanda / PIA: The mains and distribution pipes will not affected hose structures. In case your

fence is affected, the project would offer either to replace it with a new fence or to pay in cash compensation, depending on your preferred option. However such cases are not expected, and if occurring these pipes can be installed under your fence without damage to it.

2.1 Mrs. Houm/ Villager: My house has no connection to water supply. Do I have to pay for now? 2.2 Mr. Phemongkhon / PIU: During the implementation of the WS S Project connections are

installed free of charge. Village consultation meeting in Nahai village Time: 13.42-13.58

same same 54 participants By sex: - 6 female - 48 male By E thnic Group: Lao-Tai:53 - 6 female - 47 male Mon-Khmer 1 - 0 female - 1 male IA/PIA [3(0)]

Presentation: S ame as above. Comments – Questions – Answers: General: Villagers are looking forward to the construction of the water supply system. S pecific: 1.1 Mr. Khamlar/ Village elderly: In Nahai only half of villagers can have water. S o how to provide

connections to new and old house? If there is a damage on fence or other structures how would the project compensate for?

1.2 Mr. Kanda / PIA: It is free connection during this project for any old or new house, if technically adjustment are to be done the project will offer that. Compensation can be offered in cash (current market price) or by replacement through new structures.


28

Implementation Phase: Land Acquisition and Compensation related Consultation for Water S upply Component Date TY PE OF ME E TING AND

L OC ATION BY DATE / V ILL AGE F AC IL IT ATOR PAR TIC IPANTS DIS C US S ION / R E S PONS E S / OUTC OME S FOLLOW-UP ACTIONS WITH R E S PONS IBIL ITY

22 Feb 2017

Village consultation meeting in Nala village Time: 9.15-10.55

same same 49 participants By sex: - 29 female - 20 male By E thnic Group: Lao-Tai: 48 - 29 female - 19 male Mon-Khmer 1 - 0 female - 1 male IA/PIA [3(0)]

Presentation: S ame as above. Comments – Questions – Answers: General: Villagers showed their happiness of getting the water supply. S pecific: 1.1 Mr. Chan Manivan/ Villager: F irst of all we are very happy to have a new water supply

project, because in the present days the water is not sufficient for us. S econdly, concerning impacts our people have not so “big things”, so we will follow any policy here from the project. Thirdly, we would like to know when the project will start?

1.2 Mr. Phetmongon / PIU: The project start is scheduled for 4th quarter 2017. .

22 Feb 2017

Village consultation meeting in Pong village Time: 14.15-15.35

same same 84 participants By sex: - 55 female - 29 male By E thnic Group: Lao-Tai:83 - 51 female - 28 male Hmong-Mien 1 - 0 female - 1 male IA/PIA [2(0)]

Presentation: S ame as above. Comments – Questions – Answers: General: Villagers expressed their happiness of getting the water supply. S pecific: 1.1 Mr. Khampeng/ Villager: The villagers agree with the Project and understand what it will

make for us in future. Only can the project tell us about the start of construction? And what will be done if policies would not be followed?

1.2 Phetmongon/ PIU: The project has a team for monitoring throughout the construction stage, so that any non-compliance will be observed or reported by villager in order to react on them. It will then also contractually be reviewed.

2.1 Mr. X iengbounkhan/ Villager: Will PNP be paid by villagers for connections to houses? 2.2 Mr. Kanda / PIA: No during project implementation, but during normal operation later then.

23 Feb 2017

Village consultation meeting in Thin village Time: 8.51-9.57

same same 54 participants By sex: - 26female - 28 male By E thnic Group: Lao-Tai:54 - 26 female - 28 male IA/PIA [3(0)]

Presentation: S ame as above. Comments – Questions – Answers: General: Villagers mentioned their hope for a good and reliable water supply. S pecific: 1.1 Mr. Thongdam/ Villager: The villagers are happy if the project starts construction as soon as

possible, because now the water is not enough for households - sometimes all day no water. How would affected people compensated?

1.2 Mr. Kanda / PIA: If permanent impact to your land or other assets the Project will compensate in cash or replacement with new structure. The acquisition of land is focusing on non-private land in order to avoid impact on households.

2.1 Mrs. Khampou/ Villager: In case the fence in front of my house will be damaged, will the project fix it?

2.2 Mr. Kanda / PIU: Fences are not expected to be damaged or moved.


29

Implementation Phase: L and Acquisition and Compensation related Consultation for Water S upply Component Date TY PE OF ME ETING AND

L OC ATION BY DATE / V ILL AGE F AC IL IT ATOR PAR TICIP ANTS DIS C US S ION / R E S PONS E S / OUTCOME S FOLLOW-UP AC TIONS WITH R E S PONS IB IL ITY

23 Feb 2017

Village consultation meeting in S ouan village T IME13:53-14:59

same

same 87 participants By sex: - 45 female - 42 male By E thnic Group: Lao-Tai:84 - 45 female - 39 male Mon-khmer 3 - 0 female - 3 male IA/PIA [4(0)]

Presentation: S ame as above. Comments – Questions – Answers: General: Villagers expressed their need for a good water supply provision. S pecific: 1.1 Mr. S ourivan/ Villager: People of Ban. S ouan very happy to have new water supply, now in dry

season no water come or not enough water used, only 50% HHs of Ban. S ouan can have water supply, and how about the new connection, people have to pay for that?

1.2 Mr. Kanda / R esettlement: No. it is free connection for this project. 2.1 Mr. S yphan/ Villager: When the project can start construction? And if impact on my concrete

what is the project will to do? 2.2 Mr. Kanda / R esettlement: the project will construction in 2018, and for the concrete the project

will be replace as same or battle than old one.

16 Aug. 2017

Village consultation meeting in S ouan village Time: 14:15-15:10

65 participants By sex: - 46 female - 19 male By E thnic Group: Lao Tai: 65 - 46 female - 19 male IA/PIA [5(0)]

Presented Topics: Purpose of this village meeting. Current status of feasibility study/ detailed design stages and start of construction. R equirements of private, communal and/or governmental land. Construction aspects, such as health & safety, and provision of access to public, communal and

private land GR M and the published steps in the Naiban offices. Comments – Questions – Answers: General: Participants are looking forward to have the subproject started. S pecific: 1.1 Mr. Bounlath (Village elderly): S ince more than 20 years the intake has a spiritual importance

for the village which should be respected. People were scared, but nowadays not anymore. 1.2 PNP/PIU: A “basim” will be held and a “small spiritual house” established at the intake area. 1.3 Villagers showed their acceptance and agreement on this proposal. 2.1 PIA: Does the intake area has a specific importance for fishing activities or fisheries? 2.2 Mr. S omsy Vilayphon / Naiban: There is no specific importance of this area in this matter. The

fishing conditions are the same as in the upstream and downstream reach on the sane right river side. As a precaution a sign was put at that site to tell people that illegal fishing (using explosives, poison, others) is forbidden in that area.

2.3 Mr. S oulivan / villager: This area is not allocated to anybody as fishing area, as any villager can do fishing at any place including the intake area.

2.4 Mr. S oupaxay / PNP & PIU Committee: There was already a UN - HABITAD small scale community water supply component in the village, where all excavation work was carried out manually. Furthermore no compensation was paid as no cases occurred and villagers were motivated to support the project.


30



24 Feb 2017

Village consultation meeting in Thana village T IME 9:05-10:25


Presentation: S ame as above. Comments – Questions – Answers: General: Villagers welcomed the project in their community. S pecific: 1.1 Mr. Nan S engpalith/ Officer District: WS S P project it is important for the Xayabury people. The

policy of the project says, that every house to be free connected. How about houses far from the main road - about 50 m or more? And in case of damage to fence and trees the project will be compensate for that?

1.2 Mr. Kanda/ PIA: Y es, free connection to every house, including houses far from the main road. Temporary or permanent damage will be compensated by ADB and GoL agreed standards.

2.1 Mr. Ngai Planthalak/ Villager: I have attended two project meetings, the first one for village environment improvement, and today this one. I would like to know the start of construction work. And as you just said the damage to fence and tree will be compensated?

2.2 Mr. Kanda / PIA: Last time we had a public consultation here for the VE I priorities selection, now the project is in its study phase not detailed design yet - so we need to know basic information in core are villages. After approval of study we will be back to you again, for updating you on the project and land acquisition and compensation if necessary. Currently the project is scheduled to start last quarter 2017.

24 Feb 2017

Village consultation meeting in Vangkham village T IME 14:15-15:37

same same 38 participants By sex: - 25 female - 13 male By E thnic Group: Lao-Tai:35 - 25 female - 10 male Hmonh-Mien 2 - 0 female - 2 male Mon-khmer 1 - 0 female - 1 male IA/PIA [3(0)]

Presentation: S ame as above. Comments – Questions – Answers: General: Villagers showed their happiness of getting the water supply. S pecific: 1.1 Mr. Kikham / Villager: How the project calculate for replacement? 1.2 Mr. Kanda / PIA: Depend on local unit costs and market prices for the affected asset. This will

be assessed and discussed with affected household. 2.1 Mr. Thongkhen/ Villager: The project will act on all impacts? 2.2 Mr. Kanda /PIA: Y es if caused by the project.


31



25 Feb 2017

Village consultation meeting in Natonoy village 24 Feb T IME 9:43-10:55

same same 67participants By sex: - 38 female - 29 male By E thnic Group: Lao-Tai:67 - 38 female - 29 male IA/PIA [2(0)]

Presentation: S ame as above. Comments – Questions – Answers: General: Villagers expressed their satisfaction of getting the water supply. S pecific: 1.1 Mr. Phouvieng / Y outh Union: People are very happy to have new water supply, also because

shortage of water in dry season. Actually the Director of PNP Xayabury he is resident in this village. When does the construction start?

1.2 Mr. Kanda / R esettlement: Main period of construction should be in 2018, possibly starting 2017. 2.1 Mrs. Latsame/ Villager: In my area is no water – so the project will connect all houses? 2.2 Mr. S omphon / PIU: We understand that people are suffering water shortage. Concerning house

connections our team will make a survey and include not and already connected houses.

25 Feb 2017

Village consultation meeting in Boung village T IME 13:41-14:52


Presentation: S ame as above. Comments – Questions – Answers: General: Villagers expressed their willingness to cooperate with the subproject. S pecific: 1.1 Mr. Houmpeng/ Villager: I am very happy to have more water, but do not understand about the

new house connections, if all HHs get new connections or whether they have to pau for? 1.2 Mr. S omphon / PIU: New connections are provided for free during project implementation.

26 Feb 2017

Village consultation meeting in Longpo Village T IME 9:21-10:37

same same 67 participants By sex: - 25 female - 42 male By E thnic Group: Lao-Tai:50 - 21n female - 29 male Hmong-Mien 7 - 1 female - 6 male Mon-Khmer 10 - 3 female - 7 male IA/PIA [2(0)]

Presentation: S ame as above. Comments – Questions – Answers: General: Villagers expressed their happiness of getting the water supply. S pecific: 1.1 Mrs. Kangekhai Vorachith / Village Chief: The village is a big one in X ayabury District, as we

have 503 HHs and only 10% can used treated water, 90% have no or not enough water. Through the project water can be used in the whole village area of Longpo? And new connections are installed without costs?

1.2 Mr. Kanda / PIA: Y es, the whole area is covered. And yes the connections are “free”. 2.1 Mr. S omchin / Villager: For new connection, people must pay? 2.2 Mr. Kanda / PIA: Not during implementation stage, only after completion of the project during

normal operation phase of the water supply system.


32



26 Feb 2017

Village consultation meeting in Donemay village T IME 14:15-15:43

same same 71 participants By sex: - 13 female - 58 male By E thnic Group: Lao-Tai:49 - 11 female - 26 male Mon-Khmer 1 - 0 female - 1 male 1 Hmong-Mien 21 - 1 female - 20 male IA/PIA [3(0)

Presentation: S ame as above. Comments – Questions – Answers: General: Villagers confirmed their readiness to work together with the project. S pecific: 1.1 Mr. S hienglar/ Villager: If my house will get some damage, the project will pay for that 1.2 Mr. Kanda / PIA: The Project would have to provide the compensation on behalf of the GoL.

However pipe installation in the right-of-way will not damage houses 2.1 Mr. Bounthavy/ Villager: Can you clarify more about assets compensation? 2.2 Mr. Kanda / PIA: Asset compensation it regulated by the Lao Degree 192 and would have to be

completed before start of construction.

27 Feb 2017

Village consultation meeting in Ngeun village T IME 9:12-10:34

same same 127 participants By sex: - 44 female - 83 male By E thnic Group: Lao-Tai:127 - 44 female - 83 male IA/PIA [3(0)]

Presentation: S ame as above. Comments – Questions – Answers: General: Villagers welcomed the project in their community. S pecific: 1.1 Mr. Bounphon/ Villager: People are very happy to hear about new water supply project, and the

very good policy to provide house connections free of charge, but I would know about compensation of trees along the street, as there are many along roads?

1.2 Mr. Kanda / PIA: In case they would be affected by construction work, they will have to be compensated to the owner before construction start, however the pipe installation work offers a certain flexibility within the alignment corridor the previous project, so that no trees are expected to be damaged.

27 Feb 2017

Village consultation meeting in Nalha village T IME 14:17-15:53


Presentation: S ame as above. Comments – Questions – Answers: General: Villagers expect better living conditions through this project. S pecific: 1.1 Mr. S ay/ Villager: The people here are waiting for new water supply, so when does the

construction start. And what about connection to houses far away from streets? 1.2 Mr. Kanda / PIUA: The project should in 4th quarter 2017. House connection will be provided by

the project, after project completion house connections have to be paid for.


33

Implementation Phase: Land Acquisition and Compensation related Consultation for Water S upply Component Date TY PE OF ME ETING AND


28 Feb 2017

Village consultation meeting in Y ai village T IME 9:15-10:36

same same 50 participants By sex: - 31 female - 19 male By E thnic Group: Lao-Tai:49 - 31 female - 18 male 18 Hmonh-Mien 1 - 0 female - 1 male IA/PIA [3(0)]

Presentation: S ame as above. Comments – Questions – Answers: General: Villagers expect benefits for their daily life and health through this project. S pecific: 1.1 Mr. S ingkham/ Villager: In this village people very happy to have new water supply project, and

when can have water? Nowadays it is not enough water, people still using water wells. 1.2 Mr. Kanda / PIA: S tart of operation of water supply scheme is expected in 2019. 2.1 Mr. Takham / E lderly: People here agree with project, how can the project be implemented

faster? 2.2 Mr. Kanda / PIA: Most likely not as the construction period is defined by the type of construction.

28 Feb 2017

Village consultation meeting in Nayao village T IME 14:07-15:29


Presentation: S ame as above. Comments – Questions – Answers: General: Villagers underlined the importance for water supply for their village. S pecific: 1.1 Mr. Chanpaserth/ Villager: In some areas we have not enough water, so people are suffering

very much. When will the construction be completed? 1.2 Mr. Kanda / PIA: I have noticed the water shortage. Operation should start in 2019/20.

01 March 2017

Village consultation meeting in Kaeng village Time 9:13-10:28


Presentation: S ame as above. Comments – Questions – Answers: General: Villagers are looking forward to work together with the subproject. S pecific: 1.1 Mr. Khamphanh/ Villager: In our village are problems with the water supply. What can PNP do

to provide in a normal way during a day water? 1.2 Mr. S oupaxay / PIU: We can supply water normally every day, but there is not enough water for

the whole area, which should stop with the new water supply project. 2.1 Mrs. Chansy/ Villager: My house has no water supply connection yet, so I will have to pay for its

installation? 2.2 Mr. Kanda / PIA: This water supply project provides during its construction phase free house

connections.


34



01 March 2017

Village consultation meeting in Nalao village Time 14:15-15:43


Presentation: S ame as above. Comments – Questions – Answers: General: Villagers welcomed the project in their community. S pecific: 1.1 Mr. Xayasith/ village chief: I am asking for the villagers about affected asset, such as trees and

fence so who would provide compensation? 1.2 Mr. Kanda / PIA: For such impact the project through GoL will have to compensate, based on

measurement surveys about such assets and the agreed values. S ome owners might offer their donation of such assets.

02 March 2017

Village consultation meeting in Nalaenglouang village Time 9:15-10:27


Presentation: S ame as above. Comments – Questions – Answers: General: Villagers showed their satisfaction of having the water supply coming to their community. S pecific: 1.1 Mr. Thongphan/ Deputy Village Chief: How will the project help poor household and what

people can get benefit from the project? 1.2 Mr. Kanda / PIA: In general they shall have access to same individual benefits as offered to

households, and to general improvement for the village through the VE I component. 2.1 Mrs. S omchenh / Teacher: The project will compensate for damaged concrete in front of

houses? 2.2 Mr. Kanda / PIA: Y es, they will be replaced with new concrete areas by the contractor.

02 March 2017

Village consultation meeting in Phapoun village Time 14:18-15:37


Presentation: S ame as above. Comments – Questions – Answers: General: Villagers expressed their willingness to cooperate with the subproject. S pecific: 1.1 Mr. S ien / Village C hief: Water supply in Phapoun is no problem, because Phapoun it is in

municipality of X ayabury, but we are interested what the project can do for our poor household? 1.2 Mr. Kanda / PIA: In the VE I program for poor households, the project will support each poor

household with US $ 120, and free house connections.


35



03 March 2017

Village consultation meeting in Nongsaeng village Time 9:12-10:37


Presentation: S ame as above. Comments – Questions – Answers: General: Villagers showed their happiness of getting the water supply. S pecific: 1.1 Mr. S avanh / Deputy Village C hief: How will installation be done? Will old ones be replaced? 1.2 Mr. Kanda / PIA: The installation pf pipes will be by machines or manually, and all pipes will be

in public land along the roads. Only some pipe section will be replaced with new pipes. 2.1 Mr. Vong / Villager: I have old pipes in my house so what will happen in this case? 2.2 Mr. S oupaxay / PIU: For the old pipes inside the house, the project will not do anything. Old

house connection could be replaced with new ones.

TOT AL PAR TICIPANTS FE MALE /MALE

L AO-T AI

F E MALE /MALE

HMONG-MIE N F E MALE /MALE

MON-K HME R

F E MALE /MALE

IA/PIA [17(0]

1700 814/886

1645 804/841

34

3/31

21 7/14

[71 (0)]

Note 1: During detailed design stage, the records of public meetings in Updated LACP will include detailed documentation of (i) comments/questions by name or position of person and content, and (ii) explanations/answers by name of person or organization and content. Note 2: In villages where no households are affected by loss of assets and do not expect negative impacts for their families during construction activities, there are only few and same items mentioned in public meetings. Therefore a same range of topics discussed and/or clarified has been observed.


36

ATTACHME NT 2.1-2: LAR C CONS ULTATION AND COOR DINATION ME E TINGS RE COR D DUR ING DETAILE D DE S IGN S ummary on L AC during detailed design phase. In August 2017, 5 meetings took place with 487 participants (265female) PPTA project staff [3(0)]. The meetings took place in the district office of Xayabury, as well as in villages. Areas of topics have been: Project phases and schedule, water supply system, land requirements, temporary construction disturbances, access to compounds/premises, GRM, others.

Implementation Phase: Land Acquisition and Compensation related Consultation for Water S upply Component DATE TY PE OF MEE TING AND L OC ATION AGENCY PAR TIC IPANTS DIS C US S ION / R E S PONS ES / OUTCOME S FOLLOW-UP ACTIONS WITH R E S PONS IBIL ITY

16

Aug. 2017

District coordination and consultation meeting on LAR C aspects at Xayabury District 08.35-09.45

PIU PNP PIA

District PIU Village

authorities Provincial

PNP PIA

23 participants By sex: - 3 female - 20 male By E thnic Group: - Lao Tai: 21 - Hmong: 2 IA/PIA [5(0)]

Presented Topics: Introduction and briefing about meeting. Current status of feasibility study / detailed design stages and construction start. Land requirements for raw main, WTP and PNP office. Compensation costs. Construction methods to minimize disturbances and to guarantee access to public,

communal and private land GRM and the published steps in the Naiban offices. Comments – Questions – Answers: General: Participants confirmed the importance of this project. Participants expressed the willingness of communities to cooperate with project. S pecific: 1.3 PIA: What are the current district compensation rates? 1.4 Deputy district governor: A copy of the list will be provided. 2.1 PIA: Are there examples in project villages about current costs for land? 2.2 Mr. Khamnoun (Thana village chief): Any sell/purchase deal is based on

negotiations. E xamples in 2017: In Thana village 1,000 Baht/sqm land along main road. In Nounsavan village between 400.000 and 500.000 Kip/ha along small road. There were no cases land-for-land,

3.1 PIA: What is the status of ownership and usage of the intake and raw main? 3.2 PNP: It is gov. land and not used by other persons 4.1 PIA: What is your experience with construction work of projects and the related

disturbances? 4.2 Mr S oupethxay (PNP, PIU committee): In the previous water supply project of ADB,

alignment of pipes were along roads. In addition during construction care was given for no or little disturbance to people including traffic, noise, and safety. Where possible excavation machines were used, however in front of houses and along fences manual digging was required.

5.1 Comment from Mr. Bounseng (Deputy Governor) The first of all he said thank you to PIA, PIU team and all participants to come for meeting and discussing for the WS S P, because this project very important for people of Xayabury, the participants can give comment anything's to be impact during pipe line construction, and for the Intake, WTP and other concern with WS S P, we are trying to put in public land.


37

16 Aug. 2017

Village consultation meeting at S ouan village Time: 14:15-15:10

PIU PNP PIA

PIU Village

authority Provincial

PNP PIA

65 participants By sex: - 46 female - 19 male By E thnic Group: - Lao Tai: 65 IA/PIA [5(0)]

Presented Topics: Purpose of this village meeting. Current status of feasibility study/ detailed design stages and start of construction. R equirements of private, communal and/or governmental land. Construction aspects, such as health & safety, and provision of access to public,

communal and private land GRM and the published steps in the Naiban offices. Comments – Questions – Answers: General: Participants are looking forward to have the subproject started. S pecific: 1.4 Mr. Bounlath (Village elderly): S ince more than 20 years the intake has a spiritual

importance for the village which should be respected. People were cared in the past, but nowadays not anymore.

1.5 PNP/PIU: A “basim” will be held and a “small spiritual house” established at the intake area.

1.6 Villagers showed their acceptance and agreement on this proposal. 2.5 PIA: Does the intake area has a significant or specific importance for fishing activities

or fisheries? 2.6 Mr. S omsy Vilayphon / Naiban: There is no specific importance of this area in this

matter. The fishing conditions are the same as in the upstream and downstream reach on the sane right river side. As a precaution a sign was put at that site to tell people that illegal fishing (using explosives, poison, others) is forbidden in that area.

2.7 Mr. S oulivan / villager: This area is not allocated to anybody as fishing area, as any villager can do fishing at any place including the intake area.

2.8 Mr. S oupaxay / PNP & PIU Committee: There was already a UN - HABITAD small scale community water supply component in the village, where all excavation work was carried out manually. Furthermore no compensation was paid as no cases occurred and villagers were motivated to support the project.

17 Aug. 2017

Village consultation meeting at Thana village Time: 08:50-09:55

PIU PNP PIA

PIU Village


PNP PIA

216 participants By sex: - 135 female - 81 male By E thnic Group: - Lao Tai: 213 - Kmou: 2 - Hmong: 1 IA/PIA [5(0)]

Presented Topics: S ame as above. Comments – Questions – Answers: General: Participants expressed their interest in this project and willingness to cooperate. S pecific: 1.1 Mr. Bounxuern / Villager: When will the project start with construction? 1.2 PIA / Position: first quarter of 2018. 1.3 Naiban: During construction how will pipe-laying be done? 2.1 PIA/Position: The project team (construction company) has to provide temporary

access ways and perform environmental construction supervision (noise, dust, safety, traffic, others).

2.2 Mr. X ienglep: Why in the previous project it mean PNP project, when they were put lay out pipe line after finished project it was problem with cover pipe line?

3.1 Mr. S oupaxay / PNP & PIU committee: For that previous project PNP had not sufficient budget, but big area was covered to provide water to the people.


38

17 Aug. 2017

Village consultation meeting at Nonsavan village Time: 14:05-14:50

PIU PNP PIA

PIU Village


PNP PIA

130 participants By sex: - 67 female - 63 male By E thnic Group: - Lao Tai: 113 - Kmou: 13 - Hmong: 4 IA/PIA [5(0)]

Presented Topics: S ame as above. Comments – Questions – Answers: General: Participants hope to have the project soon. S pecific: 1.1 Mr. S y / Pilachan/ Pension: C an any house be connect? 1.2 PIU/PIA: Y es, but it depends on number of family book. 2.1 Mr. S along S yhalath / Deputy Naiban: Why does the PNP water has a smell

sometimes? 2.2 Mr. S oupaxay PNP: Y es, it was smelling from chemicals, if you keep water in the

tank and open during 2-3 hours the smell should be gone. 3.1 Mr. Khamdang / villager/: After project completion, in municipalities of Xayabury all

the villages can enough for water? 3.2 PNP: For the core area of project the water it is enough.

17 Aug. 2017

Village consultation meeting at S imuang village Time: 20:00-20:50

PIU PNP PIA

PIU Village


PNP PIA

53 participants By sex: - 21 female - 32 male By E thnic Group: - Lao Tai: 34 - Hmong: 19 IA/PIA [5(0)]

Presented Topics: S ame as above. Comments – Questions – Answers: General: Participants looking forward to a better water supply for their households. S pecific: 1.1 Mrs. J ordane / Villager: For people living in the area of “14 lane” there is not all the

time enough or no water coming out from the PNP pipes 1.2 PNP: Y es, I am understanding. In addition to not sufficient water, the pressure is not

enough for the higher area, but the lower area only. 2.1 Mrs. J or Dane / Position: After the project, will the connection to houses still be free

of charge or will the household have to pay for? 2.2 PNP/PIU: Only during project implementation there are no connection fees. 3.1 Mrs. Bouavan / Villager: The Water S upply and S anitation Project is with PNP

Xayabury or with another water company? 3.2 PIA/PIU/PNP DPWT: It is the same.

TOT AL P AR TIC IP ANTS FE MALE/MALE

L AO-T AI HMONG

MON-K HME R

IA/PIA [MALE /FE MALE ]

487 265/222

446 26 15

[5/0)]


39

ATTACHME NT 2.2: VE I CONS ULTATION AND COOR DINATION ME E TINGS R ECOR D Complementary Consultation through the Village E nvironmental Improvement Component of the S ubproject

DATE T YPE OF ME ETING AND L OC ATION AGE NC Y PAR TIC IPANTS DIS C US S ION / R E S PONS E S / OUTCOME S FOLLOW-UP AC TIONS WITH R E S PONS IBIL ITY

21 October

2016

Village consultation meeting at S imeuang village meeting hall Time: 8:53-11:25 Participants: 53 female 26

PIU Village PIA

PIU; Village authority; Villagers; PIA.

Villagers: 53 Male: 27 Female: 26 IA/PIA Male: 3 Female: 0

R esults/F indings from consultation and discussion on required improvements: R ehabilitation village access road (2,669m):

No. 1 196 No. 2 106 No. 3 1 No. 4 75 No. 5 75 No. 6 550 No. 7 110 No. 8 141 No. 9 2 No. 10 110 No. 11 160 No. 12 287 No. 13 391 No. 14 77

22 October

2016

Village consultation meeting at S imoungkhoung village meeting hall Time: 8:45-11:37 Participants: 42 female 19

PIU Village PIA


Villagers: 42 Male:23 Female: 19 IA/PIA Male: 4 Female: 0

R esults/F indings from consultation and discussion on required improvements: Improvement of Access R oads (90m)

No. 1 90

23 October

2016

Village consultation meeting at K aeng village meeting hall Time: 8:51-11:38 Participants: 50 female 39

PIU Village PIA




No. 1 176 No. 2 910 No. 3 410 No. 4 333

No. 5 272

24 October

2016

Village consultation meeting at Donemay village meeting hall Time: 9:15-11:45 Participants: 131 female 31

PIU Village PIA



R esults/F indings from consultation and discussion on required improvements (653m): Improvement of Access R oads

No. 1 284 No. 2 170 No. 3 126 No. 4 73


40

Complementary Consultation through the Village E nvironmental Improvement Component of the S ubproject


25 October

2016

Village consultation meeting at Thana village meeting hall Time: 9:17-11:15 Participants: 87 female 54

PIU Village PIA




No. 1 118 No. 2 76 No. 3 320 No. 4 76 No. 5 92 No. 6 235 No. 7 144 No. 8 10 No. 9 78 No. 10 39 No. 11 44 No. 12 91

26 October

2016

Village consultation meeting at Phapoun village meeting hall Time: 9:23-11:32 Participants: 63 female 33

PIU Village PIA



Office Village (materials) 1 (7m x 14m)

27 October

2016

Village consultation meeting at Y ai village meeting hall Time: 8:05-11:17 Participants: 79 female 57

PIU Village PIA



R esults/F indings from consultation and discussion on required improvements: R ehabilitation village access road: (232m)

No. 1 114 No. 2 62

No. 3 56

28 October

2016

Village consultation meeting at Nongsaeng village meeting hall Time: 8:52-11:33 Participants: 83 female 60

PIU Village PIA



R esults/F indings from consultation and discussion on required improvements: R ehabilitation village access road (515m):

No. 1 320 No. 2 165

No. 3 50


41



29 October

2016

Village consultation meeting at Nalao village meeting hall Time: 9:17-11:16 Participants: 79 female 34

PIU Village PIA




No. 1 190 No. 2 288 No. 3 520

No. 4 546

30 October

2016

Village consultation meeting at Natonoy village meeting hall Time: 9:21-11:27 Participants: 87 female 57

PIU Village PIA




No. 1 198 No. 2 109 No. 3 120 No. 4 423 No. 5 248 No. 6 156 No. 7 261 No. 8 228 No. 9 188 No. 10 200

31 November

2016

Village consultation meeting at Longpor village meeting hall Time: 9:31-11:29 Participants: 55 female 30

PIU Village PIA




No. 1 770 No. 2 88 No. 3 78 No. 4 692 No. 5 232 No. 6 311 No. 7 193 No. 8 491 No. 9 224 No. 10 221 No. 11 396 No. 12 457

01 November

2016

Village consultation meeting at S ouane village meeting hall Time: 8:53-11:51 Participants: 50 female 35

PIU Village PIA



R esults/F indings from consultation and discussion on required improvements: R ehabilitation village access road (1,920m) :

No. 1 400 No. 2 315 No. 3 278 No. 4 347 No. 5 325 No. 6 140

No. 7 115


42



02 November

2016

Village consultation meeting at Nala village meeting hall Time: 9:05-11:33 Participants: 110 female 70

PIU Village PIA




No. 1 44 No. 2 48

No. 3 60

03 November

2016

Village consultation meeting at Nalha village meeting hall Time: 9:10-11:38 Participants: 407 female 145

PIU Village PIA


Villagers: 407 Male 262 Female: 145 IA/PIA Male: 4 Female: 0


No. 1 324 No. 2 157 No. 3 145 No. 4 135 No. 5 213 No. 6 210 No. 7 395 No. 8 263

04 November

2016

Village consultation meeting at Nalenglouang village meeting hall Time: 9:21-11:44 Participants: 44 female 21

PIU Village PIA




No. 1 117 No. 2 113 No. 3 145 No. 4 115

Total participants

Total: 1418 Male: 707 Female: 711

Concerning LAC aspects it has been confirmed in all meetings, that for the discussed improvement components:

- either there are no private land requirements necessary, or - communal land is available, which the villages would

contribute for the implementation of the subproject.

IA/PIA: 89 Male 89 Female 0


43

ATTACHME NT 2.3-1A: ATTE NDANCE LIS TS OF PUBLIC VILLAGE ME ETINGS DUR ING F E AS IBILITY S TUDY DIS TR ICT ME E TING V ILLAGE : S IMOUNGKHOUN DATE : 20 FE BR UAR Y 2017 DATE : 20 FE BR UAR Y 2017 PARTICIPANTS : TOTAL 37 (FE MALE :5 AND MALE :32) PARTICIPANTS : TOTAL 48 (FE MALE :15 AND MALE :33) F ACILITATOR : PIA, PIU AND DIS TRICT TOTAL 4 (FE MALE : 0 AND MALE :4) FACILITATOR : PIA, PIU AND DIS TRICT TOTAL 5 (FE MALE : 0 AND MALE :5)

S HOWN IS THE FIRS T PAGE OUT OF 4 ATTE NDANCE S HE E TS . THE COMPLE TE ORIGINAL S E T OF ATTE NDANCE S HEE TS IS WITH PIA

S HOWN IS THE FIRS T PAGE OUT OF 3 ATTE NDANCE S HE E TS . THE COMPLE TE AND ORIGINAL S E T OF ATTE NDANCE S HE E TS IS WITH PIA


44

ATTACHME NT 2.3-1B: ATTE NDANCE LIS TS OF PUBLIC VILLAGE ME ETINGS DUR ING F E AS IBILITY S TUDY V ILLAGE : S IMUANG V ILLAGE : NAHAI DATE : 21 FE BR UAR Y 2017 DATE : 21 F E BR UAR Y 2017 PARTICIPANTS : TOTAL 45 (FE MALE :26 AND MALE :19) PAR TICIPANTS : TOTAL 54 (FE MALE :6 AND MALE :48) F ACILITATOR : PIA, PIU AND DIS TRICT: TOTAL 4 (FEMALE : 0 AND MALE :4) FACILITATOR : PIA, PIU AND DIS TR ICT: TOTAL 13 (FEMALE :1 AND MALE :12)

S HOWN IS THE FIRS T PAGE OUT OF 4 ATTENDANCE S HE E TS . THE COMPLE TE ORIGINAL S E T OF ATTE NDANCE S HEE TS IS WITH PIA

S HOWN IS THE FIRS T PAGE OUT OF 3 ATTE NDANCE S HEE TS . THE COMPLE TE AND OR IGINAL S E T OF ATTE NDANCE S HE E TS IS WITH PIA


45

ATTACHME NT 2.3-1C: ATTE NDANCE LIS TS OF PUBLIC VILLAGE ME ETINGS DUR ING F E AS IBILITY S TUDY V ILLAGE : NALA V ILLAGE : PONG DATE : 22 FE BR UAR Y 2017 DATE : 22 FE BR UAR Y 2017 PARTICIPANTS : TOTAL 49 (FE MALE :29 AND MALE :20) PARTICIPANTS : TOTAL 84 (FE MALE :55 AND MALE :29) F ACILITATOR : PIA, PIU AND DIS TRICT: TOTAL 4(FE MALE : 0 AND MALE :4) FACILITATOR : PIA, PIU AND DIS TRICT: TOTAL: 3 (FE MALE : 0 AND MALE :3

S HOWN IS THE FIRS T PAGE OUT OF 3 ATTENDANCE S HE E TS . THE COMPLE TE ORIGINAL S E T OF ATTE NDANCE S HEE TS IS WITH PIA

S HOWN IS THE FIRS T PAGE OUT OF 5 ATTENDANCE S HE E TS . THE COMPLE TE AND ORIGINAL S E T OF ATTE NDANCE S HE E TS IS WITH PIA


46

ATTACHME NT 2.3-1D: ATTE NDANCE LIS TS OF PUBLIC VILLAGE ME ETINGS DUR ING F E AS IBILITY S TUDY V ILLAGE : THIN DATE : 23 FE BR UAR Y 2017 PARTICIPANTS : TOTAL 49 (FE MALE :29 AND MALE :20) F ACILITATOR : PIA, PIU AND DIS TRICT: TOTAL 4(FE MALE : 0 AND MALE :4)

S HOWN IS THE FIRS T PAGE OUT OF 3 ATTE NDANCE S HEE TS . THE COMPLE TE ORIGINAL S E T OF ATTE NDANCE S HEE TS IS WITH PIA


47

ATTACHME NT 2.3-1F: ATTE NDANCE LIS TS OF PUBLIC VILLAGE MEE TINGS DURING FE AS IBIL ITY S TUDY V ILLAGE : S OUAN DATE : 23 FE BR UAR Y 2017 DATE : 16 AUG. 2017 PARTICIPANTS : TOTAL 87 (FE MALE :45 AND MALE :42) PARTICIPANTS : TOTAL 65 (FE MALE :4 AND MALE :19) F ACILITATOR : PIA, PIU AND DIS TR ICT: TOTAL 3 (FE MALE : 0 AND MALE :3) F ACILITATOR : PIA, PIU AND DIS TR ICT: TOTAL 5 (FE MALE : 0 AND MALE :5)




48

ATTACHME NT 2.3-1G: ATTE NDANCE LISTS OF PUBLIC VILLAGE ME E TINGS DURING FE AS IBILITY S TUDY V ILLAGE : THANA V ILLAGE : VANGKHAM DATE : 24 FE BR UAR Y 2017 DATE : 24 F E BR UARY 2017 PARTICIPANTS : TOTAL 99 (FE MALE :68 AND MALE :31) PARTICIPANTS : TOTAL 38 (FE MALE :25 AND MALE :13) F ACILITATOR : PIA, PIU AND DIS TR ICT: TOTAL 4(FE MALE : 0 AND MALE :4) F ACILITATOR : PIA, PIU AND DIS TR ICT: TOTAL 38 (FEMALE :25 AND MALE :13)




49

ATTACHME NT 2.3-1H: ATTE NDANCE LIS TS OF PUBLIC VILLAGE ME ETINGS DUR ING F E AS IBILITY S TUDY V ILLAGE : NATONOUAY V ILLAGE : BOUNG DATE : 25 FE BR UAR Y 2017 DATE : 25 FE BR UAR Y 2017 PARTICIPANTS : TOTAL 67 (FE MALE :38 AND MALE :29) PARTICIPANTS : TOTAL 120 (FE MALE :83 AND MALE :37) F ACILITATOR : PIA, PIU AND DIS TR ICT TOTAL 13 (FE MALE :1 AND MALE :12) F ACILITATOR : PIA, PIU AND DIS TR ICT TOTAL 3(FE MALE : 0 AND MALE :3)




50

ATTACHME NT 2.3-1I: ATTE NDANCE LIS TS OF PUBLIC VILLAGE ME E TINGS DUR ING FE AS IBILITY S TUDY V ILLAGE : DONE MAY V ILLAGE : LONGPO DATE : 26 FE BR UAR Y 2017 DATE : 26 FE BR UAR Y 2017 PARTICIPANTS : TOTAL 71 (FE MALE :13 AND MALE :58) PARTICIPANTS : TOTAL 67(FE MALE :25 AND MALE :42) F ACILITATOR : PIA, PIU AND DIS TR ICT TOTAL 4(FEMALE : 0 AND MALE :4) F ACILITATOR : PIA, PIU AND DIS TR ICT: TOTAL 4 (FEMALE : 0 AND MALE :4)




51

ATTACHME NT 2.3-1J : ATTE NDANCE LIS TS OF PUBLIC VILLAGE MEE TINGS DURING FE AS IBILITY S TUDY V ILLAGE : DONE NGE UAN V ILLAGE : NALHA DATE : 27 FE BR UAR Y 2017 DATE : 27 FE B 2015 PARTICIPANTS : TOTAL 127 (FE MALE :44 AND MALE :83) PARTICIPANTS : TOTAL 142(FE MALE :40 AND MALE :102) F ACILITATOR : PIA, PIU AND DIS TR ICT: TOTAL 4 (FEMALE : 0 AND MALE :4) FACILITATOR : PIA, PIU AND DIS TR ICT: TOTAL 4(FEMALE : 0 AND MALE :4)


S HOWN IS THE FIRS T PAGE OUT OF 11 ATTE NDANCE S HEE TS . THE COMPLE TE AND ORIGINAL S E T OF ATTE NDANCE S HE E TS IS WITH PIA


52

ATTACHME NT 2.3-1K : ATTE NDANCE LIS TS OF PUBLIC VILLAGE ME ETINGS DUR ING F E AS IBILITY S TUDY V ILLAGE : Y AI V ILLAGE : NAY AO DATE : 28 FE BR UAR Y 2017 DATE : 28 F E BR UARY 2017 PARTICIPANTS : TOTAL 50(FE MALE :31 AND MALE :19) PARTICIPANTS : TOTAL 125 (FE MALE :74 AND MALE :51) F ACILITATOR : PIA, PIU AND DIS TR ICT: TOTAL 3 (FEMALE : 0 AND MALE :3) F ACILITATOR : PIA, PIU AND DIS TR ICT: TOTAL 4 (FEMALE : 0 AND MALE :4)


S HOWN IS THE FIRS T PAGE OUT OF 7 ATTE NDANCE S HEE TS . THE COMPLE TE AND ORIGINAL S E T OF ATTE NDANCE S HE E TS IS WITH PIA


53

ATTACHME NT 2.3-1L: ATTE NDANCE LIS TS OF PUBLIC VILLAGE MEE TINGS DURING FE AS IBIL ITY S TUDY V ILLAGE : KAE NG V ILLAGE : NALAO DATE : 01 MAR CH 2017 DATE : 01 MAR CH 2017 PARTICIPANTS : TOTAL 61 (FE MALE :39 AND MALE :22) PARTICIPANTS : TOTAL 33 (FE MALE :12 AND MALE :21) F ACILITATOR : PIA, PIU AND DIS TR ICT: TOTAL 3 (FE MALE :0AND MALE :3) F ACILITATOR : PIA, PIU AND DIS TR ICT: TOTAL 3 (FEMALE : 0 AND MALE :3)


S HOWN IS THE FIRS T PAGE OUT OF 4 ATTE NDANCE S HEE TS . THE COMPLE TE AND OR IGINAL S E T OF ATTE NDANCE S HE E TS IS WITH PIA


54

ATTACHME NT 2.3-2A: ATTE NDANCE LIS TS OF PUBLIC VILL AGE MEE TINGS DUR ING DE TAILE D DE S IGN DIS TR ICT ME E TING V ILLAGE : S OUAN DATE : 16 AUGUS T 2017 DATE : 16 AUGUS T 2017 PARTICIPANTS : TOTAL 23 (FE MALE :3 AND MALE :22) PARTICIPANTS : TOTAL 33 (FE MALE :12 AND MALE :21) F ACILITATOR : PIA, PIU AND DIS TR ICT: TOTAL 5 (FEMALE : 0 AND MALE : 5) F ACILITATOR : PIA, PIU AND DIS TR ICT: TOTAL 5 (FEMALE : 0 AND MALE :5)


S HOWN IS THE FIRS T PAGE OUT OF 4 ATTE NDANCE S HE E TS . THE COMPLE TE AND OR IGINAL S E T OF ATTE NDANCE S HE E TS IS WITH PIA


55

ATTACHME NT 2.3-2B: ATTE NDANCE LIS TS OF PUBLIC VILLAGE ME ETINGS DUR ING DE TAILED DE S IGN V ILLAGE : THANA V ILLAGE : NONS AVAN DATE : 17 AUGUS T 2017 DATE : 17 AUGUS T 2017 PARTICIPANTS : TOTAL 216 (FE MALE :135 AND MALE :81) PARTICIPANTS : TOTAL 130 (FE MALE :67 AND MALE :63) F ACILITATOR : PIA, PIU AND DIS TR ICT: TOTAL 5 (FEMALE : 0 AND MALE :5) FACILITATOR : PIA, PIU AND DIS TR ICT: TOTAL 5 (FEMALE : 0 AND MALE :5)


S HOWN IS THE FIRS T PAGE OUT OF 8 ATTE NDANCE S HE E TS . THE COMPLE TE AND OR IGINAL S E T OF ATTE NDANCE S HE E TS IS WITH PIA


56

ATTACHME NT 2.3-2C: ATTE NDANCE LIS TS OF PUBLIC VILLAGE ME ETINGS DUR ING DE TAILE D DE S IGN V ILLAGE : S IMUANG DATE : 17 AUGUS T 2017 PARTICIPANTS : TOTAL 53 (FE MALE :21 AND MALE :32) F ACILITATOR : PIA, PIU AND DIS TR ICT: TOTAL 5 (FEMALE : 0 AND MALE : 5)



57

ATTACHME NT 3.1: INVE NTOR Y OF PR IVATE LOS S – NOT ANY MOR E AFFE CTE D HOUS EHOLDS

V ILL AGE S OUAN V ILL AGE THANA V ILL AGE S IMUANG

Note: 1 AH is not anymore residential in S ouan


58

ATTACHME NT 3.2: S CHE MATIC MAP AND OVE R VIE W CONCE R NING AFFE CTE D AS S E TS


59

ATTACHME NT 4: OVER VIE W OF AHS’ FE ATUR E S

None as there are no affected households


60

ATTACHME NT 5.1-1A: PR OVINCIAL UNIT R ATE S FOR XAY ABUR Y DIS TR ICT


61

ATTACHME NT 5.1-1B: PR OVINCIAL UNIT R ATE S FOR XAY ABUR Y DIS TRICT


62

ATTACHME NT 5.2: R E PL ACE ME NT COS T S UR VE Y 5.2.1 Compensation Unit R ates

An overview of different source has been prepared for types of assets affected by the subproject.

District (May 2017) 1. Crops Does not apply in subproject (Details see Attachment 5.1) 2. Cemetery Does not apply in subproject (Details see Attachment 5.1) 3. Trees Does not apply in subproject (Details see Attachment 5.1) 4. Industrial Trees Does not apply in subproject (Details see Attachment 5.1) 5. R esidential Land

Category I II III IV

“Main road in town” “S ec. road in town” “ New road in suburbs” “R oads in rural area” [kip / sqm]

14,000 12,000 10,000 8,000 6. Agricultural High Land Does not apply in subproject (Details see Attachment 5.1) 7. Agricultural Low Land Does not apply in subproject (Details see Attachment 5.1) 8. Construction Material Does not apply in subproject (Details see Attachment 5.1)

S ubproject Core Villages (August 2017) Naibans of subproject core villages provided to PIU, PNP and PIA cases for their communities in 2017:

Cash-for-land R esidential land along main road (Thana village) 1,000 Baht/sqm R esidential land along sec. road in town (Nounsavan village) 400,000 to 500,000 Kip/ha

Land-for-land No cases reported

The subproject has no private owners of assets affected – therefore no AHs in this respect.

5.2.2 Construction Disturbances

The construction will lead to temporary disruption of existing community roads, pathways, and accesses, which can range between 1 to 3 days according to the construction methods. The disturbances shall be limited through the following measures as defined in E MMP:

- Walking access will be maintained to affected properties and access routes will be temporarily lined with timber or similar material. Particular attention will be given to ensuring safety along roads and paths used by school children.

- S ide street parking of construction vehicles on prolonged basis will not be allowed. - Install barriers and safety warning signs on road sections and if necessary deploy traffic

aides/ flag persons at affected locations. Information boards at blocked roads will provide information about the temporary closure of roads, schedule of works and the traffic-rerouting plan.

- R equire the contractor to immediately rehabilitate the excavated areas and any damaged road and path sections.

At individual level for owners and/or users of their compounds (premises) this could mean: - “F irst half” of shop area along road allowing access by second half, and (ii) after completion

and backfilling second half to excavate then providing access through 1st half; - Whole area of shop at once, but then guaranteeing walking access and/or access routes to

be temporarily lined with timber (or other material); - E xcavation can be carried out by both machines and manual digging .


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5.2.3 Accessibility and Income

General Aspects:

Pipe-laying of the mains and distributors will lead to disturbances, but will be mitigated as outlined in section 5.2.2. In addition, control and regulation of traffic and pedestrian movement will be in place. For these reasons, these construction related impacts along the public R oW will be temporary, and will be managed by limiting the length of construction, the supervision of works, provision of temporary property access and quick follow-up with temporary, then permanent reinstatement. The installation of pipes (excavation, pipe laying and backfilling) shall be completed within several days.

In addition for temporary access to private and public as well as residential and/or business/ commercial compounds and structures will be provided, so that related income activities are not affected. Therefore, certainly no loss of income is expected for shops or service providers, who serve their clients “in-house”, such as pharmacies, barber shops, minimarts, and others. Therefore, these are no income-affected business/commercial cases.

Only for cases where restaurants, food vendors and noodle soup shops have in addition or only business area along or on the R oW and/or in front of their structures, a potential loss could occur, however on a hypothetical basis, as no loss or increase of income could also be the actual case. Under such an assumption and outlined context a 10% loss has been estimated for this type of business, which the AHs regarded as minor or even negligible. The AHs of Phase I subprojects (2 out of 3 subprojects are currently at their construction stage) made already voluntary contributions of these potential losses.

During public meeting in villages of Phase II subprojects, consulted villagers did not raise concerns and regard the disturbance as minor temporary inconvenience.

S pecific Aspects for Xayabury S ubproject:

In Xayabury, the authorities have good knowledge about land acquisition, resettlement and compensation, because of the infrastructure projects ranging between very large scale (HPPs), middle scale (transmission lines) and small scale projects (community water supply).

This also includes the ADB projects, such as ADB R oad Projects (Grant No. 0082-Lao and Contract No. R 4-5:B. Houay Pet - Kentao - Nakha section) and the Northern Provincial Town Water S upply Project

Therefore, PPWT, PIU and PNP staff have a clear picture about planning and implementing aspects including construction relevant issues, which PIA will consider for the preparation of the Updated LAC-DDR .


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ATTACHME NT 6.1: COMPLE ME NTAR Y DOCUME NTATION IS S UE D LAND DOCUME NTS FR OM PROVINCIAL GOVE R NOR FOR PNP CONCE R NING ARE AS OF WATE R S UPPLY INFR AS TR UCTURE

E XIS TING WTP AR E A (CE R TIFIC ATE ; J ULY 1989)

E XIS TING R E S E R VOIR (POTABLE WATE R ) AND DE S IGNE D TANK (R AW WATE R ) (L AND TITLE ; APRIL 2017)

lao people’s democratic republic€¦ · ap affected person coi corridor of impact dco district...

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