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Resettlement Plan GMS Power Trade Project

Eléctricité du Cambodge 0

RESETTLEMENT PLAN

FOR

GREATER MEKONG SUB-REGION POWER TRADE PROJECT

Ban Hat in Champasak Province (Laos) to Stung Treng (Cambodia)

February 2011

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RESETTLEMENT PLAN

FOR

GREATER MEKONG SUB-REGION POWER TRADE PROJECT

Ban Hat in Champasak Province (Laos) to Stung Treng (Cambodia)

Table of Contents

List of Table 4 List of Figure 4 Acronyms 5 Units 6 Definition of Terms 7 Notes of Changes to RAP 8 EXECUTIVE SUMMARY 9 I PROJECT BACKGROUND 11 1.1. Purpose of the Project 11 1.2. Legal and Policy Framework 12 1.2.1. Cambodian Relevant Laws 12 1.2.2. World Bank Operational Policies 12 II PROJECT DESCRIPTION 13 2.1. Project Area 14 2.2. Scope of the Project 15 2.3. Amount of Land Required for Construction 15 2.4. Transmission Line Route 16 2.5. Transmission Line Design 16 2.6. Tree Clearance 18 2.7. Conductor Selection 19 2.8. Substation Design 19 2.9. Project Implementation 20 2.9.1. Pre-construction Activities 20 2.9.2. Construction 21 2.9.3. Operation and Maintenance 21



III Socio-Economic Conditions 21

3.1. Administration 21 3.2. Population and Settlement Pattern 23 3.3. Land Tenure 23 3.4. Land Use Change 24 3.4.1. Economic Land Concession 25 3.4.2. Social Land Concession 26 3.4.3. Agriculture Productivity 26 3.5. Local Economy and Household Characteristics 27 3.6. Energy Use and Electricity Supply 27 3.7. Transportation and Communication 27 3.8. Survey Background 27 3.8.1. Objective of the Survey 28 3.8.2. Survey Methodology 28 3.8.3. Substation Overview 29 3.8.4. Alternative Substation Overview 30

IV. PROJECT IMPACTS AND MITIGATION MEASURES 31 4.1 Impacts 31 4.1.1. Land Acquisition and Land Use Change 31 4.1.2 . Building Replacement and Household Relocation 32 4.1.3. Loss of Tree Resources 32 4.1.4. Land Use Restrictions 34 4.1.5. Temporary Impacts during Construction 34 4.1.5.1. Crop and Land Disturbance 34 4.1.5.2. Damage to Field Crops, Communal Property, Temporary Relocation 35 4.2. Income Restoration Strategy 37 4.2.1. Structure Relocation 37 4.2.2. Trees 38 4.2.3. Temporary Disturbance 38

V LEGAL AND POLICY FRAMEWORK 39 5.1. Resettlement Objectives and Principles 39 5.2. Legal and Policy Framework 40 5.3. Cambodian Law and Policy 41 5.3.1. National Constitution 41 5.3.2. Land Law 41 5.3.3. Electricity Law 43

5.3.4. Expropriation Law 43 5.3.5. Decrees 45

5.4. World Bank Policy and Directive 45 5.5. Consistency Between Cambodian Law and Bank Policy 46 5.6. Eligibility and Entitlements 47 5.6.1. Eligible Parties 47 5.6.2. Non-Eligible APs and Cut-off Date 47



5.6.3. Entitlement Matrix 48 VI RESETTLEMENT BUDGET AND FINANCING 57

6.1. Basis of Compensation Cost Estimate 57 6.1.1. Temporary Construction Impact 57 6.2. Total Estimated Cost of RP Implementation 58 6.2.1. Incremental Administrative Costs 58 6.2.2. Compensation Cost Estimated 58

VII CONSULTATION 60 7.1 Objective of the Consultation 60 7.2 Methodology 60 7.3. Date of Consultation 60 7.4. Participation 61

VIII. INSTITUTIONAL ARRANGEMENT 62 8.1. EdC 62 8.2. Inter-ministerial Resettlement Committee 63 8.3. Design and Construction Contractor 63 8.4. Project Implementation Consultant 63 8.5. Independent Monitoring Organization 63 8.6. Resettlement Plan Environmental Coordinator (the RPEC Consultant) 63 8.7. Local Authority Sub-Committees 64 8.8. Commune Councils 65

8.9. Grievance Redress Committee 65

IX IMPLEMENTATION SCHEDULE 67 X MONITORING AND EVALUATION 70

10.1. Internal Monitoring 70 10.2. Monitoring Indicators 70 10.3. Staff for Conducting Internal Monitoring 71 10.4. External Monitoring and Evaluation 71 10.5. Post Implementation Evaluations Study 71 10.6. Monitoring and Evaluation Reports 72 10.6.1. Monitoring Reports 72 10.6.2. Evaluation Report 72 10.7. Disclosure 72

APPENDICES 73

A. Socioeconomic Survey Questionnaire for Substation Affected Persons 74

B. Official Letters 83

C. Public Information Booklet (in English) 90 D. Public Information Booklet (in Khmer) 94



List of Tables

Table 2.1 Transmission Line Design Features 17 Table 3.1 Main Occupation Per Sector in 2009 21 Table 3.2 Land Use Classification 24 Table 3.3 List of Economic Land Concessions 27 Table 3.4 Estimated Rice Production and Needs in 2009 26 Table 4.1 Estimated Land Acquisition 31 Table 4.2 Affected Area 32 Table 4.3 Estimated Number of Tree Species to Be Removed by the Clearance 32 Table 5.1 Summary of Comparison between the Laws of Cambodia and Bank’s Policy 46 Table 5.2 Entitlement Matrix 49 Table 6.1 Compensation Cost Estimated 59 Table 7.1 List of Consultation Information 61

List of Figures

Figure 2.1 (old) Transmission Line from Laotian Border to Stung Treng 13 Figure 2.1A Project Area (revised after to Field Survey) 14 Figure 2.2 230 kV Tower Design and River Crossing Towers 17 Figure 2.3 Tree Clearance along the ROW 18 Figure 3.1 Population by District/City in Stung Treng 21 Figure 3.2 Percentage of Four Major Occupation in Stung Treng 22 Figure 3.3 Consultations with APs and Local Authority 28 Figure 3.4 Consultations with Village Chief, Kamphun 29 Figure 3.5 Affected Property and the AP at the substation 29 Figure 3.6 Rice field and vegetation affected by the substation 29 Figure 3.7 Access Road to substation 30 Figure 4.1 Types of Affected Structures 38 Figure 7.1 Consultation with Head of Village and Commune 63 Figure 8.1 Overall Operation Interaction 66 Figure 8.2 Overall Project Management Organisation 66



Acronyms

APs Affected Person/People ASEAN Association of Southeast Asian Nations ASL Above Sea Level DCC Design and Construct Contractor DMS Detailed Measurement Survey EDC Electricité Du Cambodge EIA Environmental Impact Assessment EMP Environmental Management Plan GMS Greater Mekong Sub-Region GRC Grievance Redress Committee HH Household IEE Initial Environmental Examination IMO Independent Monitoring Organization IPP Independent Power Producer IRC Inter-ministerial Resettlement Committee KEPCO Korea Electric Power Corporation MEF Ministry of Economy and Finance MIME Ministry of Industry, Mines and Energy MOE Ministry of Environment NR National Road PIC Project Implementation Consultant PMO Project Management Office RAP Resettlement Action Plan RCS Replacement Cost Study REE Rural Electricity Enterprise RGC Royal Government of Cambodia ROW Right of Way RP Resettlement Plan RWG Resettlement Working Group SBK Social and Business Khmer, Research and Development SEPRO Social, Environment and Public Relation Office SRC Staff Review Committee UXO Unexploded Ordinance WB The World Bank

Units m Meter m2 Square Meters km Kilometer V Volt kV Kilovolt (1,000 volts) kVA Kilovolt-Ampere (1,000 VA)



Definition of Terms

Compensation Payment in cash or in kind to replace losses of land, housing income, and other assets caused by the Project.

Cut-off Date The cut-off date for eligibility for entitlements is the completion of the census and Inventory of losses. During IOL, ID cards were posted on all affected houses. This date is set to avoid new encroachers into the affected area. However, new APs could be found during the DMS due to change in design.

Eligibility Any person who, at the cut-off date was located within the affected area of the Project or any component or sub-project thereof and would be considered to be a Project Affected Person.

Involuntary Resettlement

Addresses social and economic impacts that are permanent or temporary and are (i) caused by acquisition of land and other fixed assets, (ii) change in the use of land, or (iii) restrictions imposed on land as a result of the Bank operation.

Land Acquisition The process whereby a person is compelled by a public agency to alienate all or part of the land he/she owns or possesses, to the ownership and possession of that agency, for a public purpose, in return for fair compensation.

Monitoring The process of regularly measuring the progress in effectively completing the project activities and in achieving the goal and objectives of the Project. Monitoring provides all stakeholders with continuous feedback on implementation. It identifies actual or potential successes and problems as early as possible so as to facilitate corrections during the Project implementation.

Project Affected Person

Includes any people, households, firms or private institutions who, on account of changes that result from the Project will have their (i) standard of living adversely affected, (ii) right, title, or interest in any house, land (including residential, commercial, agricultural, forest, and/or grazing land), water resources, or any other moveable or fixed assets acquired, possessed, restricted, or otherwise adversely affected, in full or in part, permanently or temporarily; and/or (iii) business, occupation, place of work or residence, or habitat adversely affected, with or without displacement.

Rehabilitation Rehabilitation measures include re-establishment of incomes, livelihoods and social systems. Measures include (a) restoration of access to public facilities, infrastructure and services, (b) mitigation of the loss of access to cultural sites, public services, water resources, grazing or forest resources through the establishment of access to



equivalent or culturally acceptable resources and income-earning opportunities.

Relocation Rebuilding of house assets and public infrastructure in another location.

Replacement Cost Replacement Cost means the method of valuing assets to replace the loss at current market value plus transaction costs such as administrative charges, taxes, registration, and titling costs.

Resettlement Plan A time-bound action plan with a budget setting out the resettlement strategy, objectives, entitlements, actions, responsibilities and arrangements for monitoring and evaluation.

Severely Affected Person

It is defined as a person who will (a) lose more than 20 percent of total productive, income-generating assets , and/or (b) be physically displaced due to the Project.

Vulnerable Groups Distinct groups of people who might suffer disproportionately from resettlement effects, including the poor (monthly income less than US$15 per person), i.e., the country's national poverty threshold, landless, female-headed, disabled and elderly households without means of support and those from minority groups.



NOTES OF CHANGES (Between December 2006 RAP and this UPDATED RAP)

REFERENCE

New

Explanation

EXECUTIVE SUMMARY 230 KVA in Stung Treng Only

Updated statistics in Stung Treng

1. Project Background Updated Removed reference to Kampong Cham and 115kV transmission line

2. Project Description From 2.1. Project Area to 2.9. Substation Design

New Transmission line routes are new and substation is at a new site. Only Samaki is valid. The 230 kV line crosses Ou Svay, Sdau, Kamphun communes. It also crosses Se Kong and Se San rivers. The

3. Socio-Economic Condition The whole capture

New As explained in Project Description above.

4. Project Impacts and Mitigation Measures

Updated Changes to Land acquisition, houses structures, trees and overall impacts; and some edits to mitigation measures.

5. Legal and Policy Framework

Updated To include the expropriation law (Feb 2010)

6. Resettlement Budget and Financing

Updated Changes the estimation and total costs

7. Consultation Updated Editing and including the 26-29 September consultation/interviews and replacing pictures

8. Institutional Arrangement No Change 9. Implementation Schedule No Change 10. Monitoring and

Evaluation No Change

Appendix 11. Public Information

Booklet Updated Updated the transmission line on

Answer to Question 1 “What is the construction project...? and small edits” on Shop Transportation to Housing Transportation on Question 9 “How do you determine replacement cost?”

12. Legal and Policy Framework

Updated Add the Expropriation Law and Sub-degree on easement on the right of ways



EXECUTIVE SUMMARY The Transmission Line Project is part of the Greater Mekong Sub-region (GMS) Power Trade Project that will be made possible through the financial assistance of the World Bank. This project will provide a reliable supply of electricity to Stung Treng Province and other neighboring provinces in the future. A 230kV double circuit transmission line is to be constructed by Electricité Du Cambodge (EDC). This transmission line will extend 46.7km, along the west side of NR No. 7 from Laotian Border, passing through four communes in three districts and Se Kong and Se Sen Rivers. It reaches a substation in Kamphun, in Se San District and about 14Km from Stung Treng town. The settlement and land use pattern along the proposed route is primarily rural composed of villages of between 30 households, and far away from urban settlement. The local economy is characterized by rural production and provision of basic goods and services. The primary occupation among the Affected Persons (APs) is farming (all of AP respondents) with rice as the main source of income. The Korean Electric Power Corporation (KEPCO) formulated in 2006 a Resettlement Action Plan (RAP) covering two 115kV lines for the relocation of households and other structures and land use restrictions within the Transmission Line Right of Way (ROW) and to identify impacts on the affected population and to provide proper compensation. A detailed survey of the final route will be carried out to finalize and peg the transmission line centerline, ROW, and tower locations to identify the people affected by construction and substation sites, and to inform APs what aspects and what extent of their physical and non-physical assets are affected. This expected to occur sometime in 2011. Built upon the work of the Social and Business Khmer Research and Development (SBK) in 2006, socioeconomic surveys of affected persons (APs) at proposed Substation site, as well as its Resettlement Cost Study, the EDC and local consultants conducted a survey to update the costs of resettlement compensation as part of this updated RAP to ensure that the rates reflect accurate replacement costs for losses at current market value. These are independent and objective studies in the current Feasibility Study Phase of the Project to determine value of land, structures, perennial and annual crops, and other non-land based income (e.g., businesses, fishponds). This maximizes the economic and social benefits of the investment. These rates will be updated by a professional asset valuer during the Detailed Design Phase when final compensation rates acceptable to both APs and the Government. The mitigation of impacts during construction will be based on selection of construction techniques and machinery that function with a minimum of ground disturbance. Construction activities on crop land will be timed to avoid the disturbance of field crops within one month of harvest wherever possible. An ongoing process of information exchange through community participation of affected villagers and venders with agriculture specialists, contractors and builders, and officials of the



Ministry of Agriculture, Forestry and Fishery facilitates the work of agencies and stakeholders involved and reduces potential conflicts, minimizes risks of project delays, enables a comprehensive development program design of resettlement and rehabilitation that prioritizes the needs of the affected villagers. An Income Restoration Strategy has been developed if effects or losses on land, houses, structures, crops, trees, and communal properties cannot be avoided. APs will be compensated in cash or in kind at replacement cost to maintain or improve their livelihood and socioeconomic foundation. Severely affected farmers losing 20% or more of total productive landholding and vulnerable groups will be entitled to other rehabilitation assistance, including extension and technical assistance to improve productivity on remaining land or to develop alternative livelihoods. Lack of formal legal rights to land does not prevent APs from receiving compensation and rehabilitation assistance. Those APs in possession of user's rights or any form of written or verbal agreements with Provincial, District, or Commune authorities to utilize the land are entitled to compensation and assistance. Tenants are also entitled to compensation and assistance. Rehabilitation assistance will be provided to those requiring relocation and to recover social and economic networks to pre-project levels or better. A Housing Relocation Allowance and Transportation Allowance will be provided to relocating APs to enable the transport of affected households' building materials and other affected properties to new sites. A cash payment of US$40 is per house. A Cost of Disruption Allowance in the amount of US$40 will be paid to every relocating household and households severely affected by loss of 10% or more of productive, income-generating assets. Special Assistance for Socially or Economically Vulnerable Households such as the very poor, households headed by the aged, women, and the disabled, as well as ethnic minorities will be provided so they may improve their socio-economic conditions based on identified needs and priorities. This includes assistance for landless households to obtain land, assistance to the poor to improve their housing, as well as skills training to learn a trade. Total updated estimated cost of implementation of the RP is US$ 289,720.47 including all entitlements, implementation, contingencies, and Incremental Administrative Costs. The incremental costs of administration related to the preparation and implementation of the RP including External Monitoring are estimated at 20% of the total resettlement cost or US$37,143.65. The total costs of compensation for the Project including a 30% contingency are estimated at US$252,576.82. From project inception and as an ongoing process of the RP, monitoring and evaluation of Person's Affected by the Project (PAP's) will be carried out to insure that appropriate compensation is received, that community participation and grievance procedures are in accordance with the RAP, and that restoration of public facilities and infrastructure is carried out in a timely manner, ending with the clearance of all construction materials and machinery, and the commencement of civil works.



1. PORJECT BACKGROUND

With financial support from the World Bank under the Greater Mekong Sub-region (GMS) Power Project, EDC planned to launch the construction of a 230 kV transmission line from the Laos Border to Stung Treng. As clearly defined by the Ministry of Environment, Royal Government of Cambodia (RGC), the project is going to be carried out with environmental sustainability of the affected areas along the Right-of-Way (ROW), for which land will be acquired for construction of the transmission line. This transmission line was originally prepared for the 115 kV voltage level. Now it has been re-designed as a 230 kV transmission line for increased capacity for power import from Lao PDR to Cambodia. During preparation of the 115 kV transmission line in 2006, with the assistance of KEPCO, EDC had carried out an Initial Environmental Examination (IEE) in an attempt to identify the environmental and social impacts associated with the construction of the transmission line.

Based on the impacts identified and documented in an IEE report, an Environmental Management Plan (EMP) was also prepared for mitigations of the environmental impacts and a Resettlement Action Plan (RAP) for mitigation of the social impacts. Both IEE and RP were approved by Ministry of Environment and Ministry of Economy and Finance in 2006, respectively.

Since the line from the Laos Border to Stung Treng will be upgraded from 115 kV to 230 kV, the ROW will be further expanded, the route also needs to be adjusted, the social and environmental conditions along the ROW will be different from those in 2006, and subsequently the nature and degree of impacts caused by the construction of the 230 kV transmission line will change. The social impacts from the transmission line will be the relocation of households and dwellings and other buildings within the ROW during construction, and land use restrictions within the ROW during operation. The primary bio-physical impacts associated with transmission line construction and operations are land use change, vegetation loss, minor habitat loss, wildlife death, and minor erosion.

1.1. PURPOSE OF THE PROJECT The purpose of this Resettlement Plan is to:

- Identify the design, construction, and maintenance measures to avoid or mitigate potential adverse impacts that will be taken into consideration for the final design of the project.

- Identify the people affected by the construction of the transmission line and the

substation site, as those who stand to lose all or part of their physical and non-



physical assets, including homes, homesteads, productive lands, commercial properties, tenancy, income-earning opportunities, social and cultural activities and relationships, and other losses.

- Assist to develop their social and economic potential in order to improve or at least

restore their incomes and living standards to pre-project level so as not to be worse off than they would have been without the project being undertaken.

1.2. LEGAL AND POLICY FRAMEWORK

There is no specific government policy relating to the details of resettlement and compensation in Cambodia other than the general requirements for compensation to be provided. A policy has been developed for the project taking into account relevant Cambodian and World Bank Laws and Policies. 1.2.1. Cambodian Relevant Laws

Cambodian laws relating to resettlement and compensation are included in the Constitution of Cambodia promulgated on September 24, 1993, Land Law (2001), Electricity Law (2001), Expropriation Law (2010), Decrees and sub-decrees.

1.2.2. World Bank Operational Policy

The World Bank requires that land acquisition and resettlement be minimized as much as possible, and compensation/resettlement be carried out so as to maintain or improve the standards of living of project-affected people. World Bank policy in relation to resettlement and compensation are set out in Operational Policy (O.P.) 4.12: Involuntary Resettlement is included later in this report. World Bank Policy (O.P) 4.10: Indigenous People Policy is not triggered as the project is not affecting indigenous community during the project implementation/construction.



2. DESCRIPTION OF THE PROJECT 2.1. PROJECT AREA

Figure 2.1: Old (Dec 2006) Transmission Line from Laotian border to Stung Treng

115kV Transmission line

Substation

Stung Treng



Figure 2.1A: Project Area (revised after surveying)



The project study area covers 4 villages in each of the four Ou Svay, Samaki, Sdau and Kamphun in Stung Treng province. Samaki is in Khan Stung Treng, and Sdau and Kamphun are in Se San district.

1. Forest areas in Ou Svay District from Laotian border. 2. Koh Khon Den, Sangkat Samaki, Khan Stung Treng 3. Sdau village, Sdau Commune and 4. Kamphun village in Kamphun commune, Se San District

2.2. SCOPE OF THE PROJECT

The followings are the scope and extent of the project:

� A 230kV double circuit transmission line from the Laotian Border to Stung Treng (Kamphun), 46.7 km of steel lattice towers, contains one substation, located in Kamphun Village, Kamphun Commune, Se San District (around 14km from Stung Treng). This substation is accessible through a newly-paved road from Stung Treng on the southern side of Se San River to the provincial Airport.

� The tree clearance of 40 meter wide path along the transmission line route (20

meters on either side from the central line).

� The Resettlement of Affected Persons along the path of clearance of the power transmission line (15m x 15m on either side from the central power line).

� The land for one substation to be cleared with the dimensions of about 200m x

200m. It is currently rice field. Five land plots along the road in front of designated substation (4 wooden houses) will be affected.

� The land for the access road to the substation will be cleared of 50m x 200m.

Half of that is occupied land and the rest is rice field. 2.3. AMOUNT OF LAND REQUIRED FOR CONSTRUCTION In general the project will require the following areas of land:

� 2.9025 ha of land for tower footings based transmission line from the Laotian

Border to Stung Treng Province.

� 5 ha of land for the substation including the access road of 200 m x 50m. The construction of 230 kV transmission line and one substation will require the acquisition of land, or in the case of transmission line, restriction of land use below the power line. The



substation site is located on private lands. Towers for the transmission line include standard lattice towers for which an area of 225m² (15mx15m) is required per tower. The number and location of towers were determined during the detailed design phase, which currently stands at 129. However, land owners will lose only a small area for each tower. There is not much agricultural land within the proposed alignments. When it is necessary to construct transmission lines across agricultural land the EdC will permanently acquire the land on which the tower is to be situated. In the unlikely event that it is necessary to acquire land for towers, compensation will be provided to the affected persons (APs) on whose land the tower will be located.

2.4. TRANSMISSION LINE ROUTE The route from the Laotian Border to Stung Treng is approximately 46.7 km and runs along the west side of NR7 until it crosses NR 7 on IP012 (see 2.1a and 2.1b above) to Se Kong River in Sdao commune. It would be set back from the road by 100 meters in order to reduce environmental and social impacts. Most trees and plants along the west side of the road from Laotian Border to Ou Svay have already been pruned by villagers or will be pruned by the Economic Land Concessions so that the necessary conductor clearance distance will be provided. There are few settlements and individual houses along the route.

2.5. TRANSMISSION LINE DESIGN

The chosen nominal voltage level of the 230kV from the Laotian Border to Stung Treng corresponds to the intended voltage of interconnection with Laos. Although demand at Stung Treng may currently be low, the Ministry of Industry, Mines, and Energy (MIME) has emphasized the importance of Stung Treng as the hub in the northeast which is a focus area of a regional development triangle between Cambodia, Laos, and Vietnam. This transmission line would be essential to supply power to many customers; therefore EDC is determined to construct a double circuit transmission line. This double circuit transmission line will: i) maintain N-1 level reliability in the case of the loss of one element of the power system so that the security of the system should not be compromised, ii) save 10% in construction costs, iii) to avoid a forced outage (one – two months during construction) the installation of an additional circuit in the future which would affect many households, factories, and the public. Therefore, double circuit transmission lines will be installed to satisfy the above reasons.



Table 2.1: Transmission Line Design Features

Design Feature Laos – Stung Treng Line Length 46.7 km (To be confirmed) Type of Support Steel Lattice Tower Number of Towers 129 (to be confirmed) Average span between Towers 350-400 Tree Clearance Width (From central power line)

20 m

Resettlement Clearance Width (ROW) (From central power line)

15 m

Tower height 25m - 50m and 78.6m river crossing Substation, Kamphun 200 m x 200 m

Figure 2.2: 230 kV Tower Design River Crossing Tower



2.6. TREE CLEARANCE

Trees will be either removed or periodically pruned to provide necessary line clearance, whilst minor pruning will be required for insulated distribution lines. The SWER alignment will avoid high trees in preference to trees grown for wood and smaller fruit trees as many of these trees can be pruned to provide the necessary line clearance without killing the trees. Vegetation clearance distances will be maintained by pruning regrowth every 1-2 years. Cuttings will be offered to the local resident if the pruned tree is privately owned, offered to the community for communal trees, or the company for economic land concession areas. However, if cuttings are not required then the contractor will be responsible for their disposal. It is proposed that pruning contracts be awarded to local people to maintain line clearances.

Figure 2.3: Tree Clearance along the ROW

Centre Line

22m No restriction 17m 13m 3m 15m 20m 25m 30m



2.7. CONDUCTOR SELECTION In transmission line construction the conductor usually comprises 20% to 30% of the material and labor costs. The selection of conductors is critical since the wind and tension loads that the supporting structures must withstand are dependent on the size and type of conductors used. Structure heights are also largely dependent on the conductors selected since maximum sag of phase conductors under maximum ice or maximum temperature conditions is governed by certain physical, mechanical, and dimensional properties of the conductor. Even environmental effects such as radio noise and audible noise are heavily influenced by the conductors themselves. 2.8. SUBSTATION DESIGN

Transmission line connected to other substations will be operated under the voltage of 230 kV with double circuits to be ready to accommodate other transmission lines including from hydropower of Se San 2 and other possible transmission lines from Laos for 500 kV. The design shall comply with the Cambodian “Electric Power Technical Standards” and the guidebook for “Power Engineers” issued by the Ministry of Industry, Mines, and Energy (MIME) and other international standards. The design shall be suitable for operation in Cambodian weather. In the case of matters not stipulated in the technical standards, IEC or ISO standards will be applied.

2.9. PROJECT IMPLEMENTATION

2.9.1. Pre-Construction Activities Pre-construction activities will involve the final design of the transmission structures, transmission line routes, geotechnical investigations, asset verification, asset acquisition, and asset compensation, as well as relocation measures. A detailed final design will be prepared for the transmission line, towers, and substation. Final designs will include tower spacing and a range of foundation and tower types for different ground and flood conditions. A detailed survey of the route will be undertaken based on the previously surveyed route to finalize and peg the transmission line centerline, ROW, and tower location. Asset verification will be completed once the ROW has been pegged for all privately owned land, buildings, trees, and other non-transferable property within the ROW that will be affected by the construction or operation of the line or substation. This will be used to update the existing asset database. The acquisition of land at tower sites, the relocation of buildings within the ROW, and the payment of compensation for trees to be removed will be finalized prior to the start of construction at each related site.



2.9.2. Construction

Sections of the line will be constructed concurrently by multiple work teams (maximum 60 people from the local areas except technical supervisors and managers who will come from Phnom Penh) to complete the line during this period. Construction will primarily occur during the dry season (November-May) when ground conditions are dry enough to allow heavy machinery access to tower sites for foundation construction, tower erection, and to the substation site for foundation preparation. The only construction that may occur during the wet season will be substation construction after the foundations have been prepared. Line stringing may also occur, although this may be limited by access to the line and thunderstorm activity. A maximum of 40 workers will be employed at the sub-station site.

The main transmission line construction activities will be vegetation/tree clearance within the transmission line clearance width, tower foundation construction, tower erection, and line stringing. Vegetation clearance will be undertaken by hand and kept to the minimum required to achieve necessary line clearance distances being restricted to the 30 m clearance plus nearby large trees that could fall and damage the line. Vegetation less than 3 m high will not be cleared. Un-exploded Ordinance or Cluster bomb/land line clearance will be required at least at the site along the clearance of the transmission line route prior to any construction in the vicinity.

Tower foundations will be constructed by in-drilling each footing point with a mobile drilling unit, and then concreting the excavated voids to form footing points. Alternatively, pre-fabricated concreting piles will be driven into the ground to form the foundation points with the exposed sections of the piles tied together by concrete horizontal beams. On sites subject to deep flooding a concrete support structure will be constructed.

The substation will be constructed by removing and stockpiling topsoil from the area to be land filled, and installing the earth mat and land filling to approximately 1 m above original ground level. Topsoil will then be spread over the fill batters and seeded. Construction of the substation facilities will then be undertaken.

2.9.3. Operation and Maintenance

Transmission line operation will generally involve limited maintenance activities. Line maintenance will usually be restricted to periodic, special, and emergency inspections. Routine inspections and planned maintenance will be timed to occur during the dry season where possible, whereas emergency line reinstatement may have to occur during the wet season. Patrolling of the line from the ground will be undertaken periodically before and after the monsoon. The patroller will inspect structure foundations, insulators, conductors, and jumpers, etc. Periodic hand pruning of vegetation within the ROW will be undertaken to maintain line clearance distances. Special inspections will be undertaken after floods, severe winds, hail storms, earthquakes, and fires. Emergency inspections of the affected section of line will be undertaken after each tripping of the line to ascertain the nature of the fault and carry out repairs. Failure of the line involving a wire break is highly unlikely, but it would require line restringing.



III. SOCIO-ECONOMIC CONDITIONS The general social environment in the vicinity of the proposed transmission line route is described below. 3.1. Administration

The 230 kV transmission line routes are from Laotian Border to Stung Treng crossing Ou Svay commune, Samaki Commune in Khan Stung Treng, passing through NR 7, and continuing to Sdau and Kamphun communes in Se San district. Total route is approximately 46.7 km. 3.2. Population and Settlement Pattern Before National Road No.7 was renovated in late 2006, most people lived along the rivers: the Mekong, Sekong, Sesan and Srepok. Waterway and boats remain thee major transportation means. Most of agricultural products come from the four rivers in the provinces. Population in Stung Streng has increased from 96,015 (18,721 families) in 2005, to 98,374 (19,206 families) in 2006, 99,322 (20,042 families) in 2007, and to 106,378 (20,819 families) in 2008. The province is divided into four districts and one city (Stung Treng). Figure 3.1: Population by district/city

1604

6

1532

6

1918

7 2497

1

10000

15000

20000

25000

30000

35000

Table 3.1. Main Occupation Per Sector in Stung Treng 2009

Description 2006 2007 2008 % % % Number

Families whose primary occupation is agriculture 82.79 83.86 84.94 17,683 Families whose primary occupation is rice farming 76.97 78.39 79.64 16,581 Families whose primary occupation is cultivating long-term crops 2.51 2.14 2.03 422 Families whose primary occupation is cultivating short-term crops 1.12 2.23 1.42 295 Families whose primary occupation is cultivating vegetable 0.54 0.52 0.45 93



Families whose primary occupation is fisherman 0.56 0.34 1.03 215 Families whose primary occupation is livestock farmer 0.68 0.15 0.29 61 Families whose primary occupation is NTFP collection 0.4 0.09 0.08 16 Families whose main occupation is craft work 0.36 0.33 0.44 91 Families, who is furniture crafter, wooden, rattan, vine, bamboo 0.27 0.15 0.23 48 Families who is metal, aluminium, glass goods producer 0.03 0.02 0.04 9 Families who are food stuff producer (noodle, sauce...) 0.01 0.05 0.05 11 Families who tire, plastics and rubber goods producer 0 0 0 0 Families who is textile, clothing goods producer 0 0 0 1 Families who is other producer, not listed above 0.06 0.1 0.11 22 Families whose main occupation is services 3.48 2.91 10.13 2,109 Families whose main occupation is trader 2.06 1.41 6.01 1,252 Families whose main occupation is repairer 0.28 0.31 0.5 104 Families whose main occupation is transport services provider 0.44 0.64 0.76 159 Families whose primary occupation is providing other services 0.7 0.54 2.85 594 Families whose main occupation is not clear (multi) 13.37 12.9 4.5 936 Figure 3.2. Percentages of four major occupations in each district, Stung Treng province

96.6

97.6

95.9

42.7

98.1

0.0

0.1

0.1

1.7

0.11.9

1.1

2.7

39.9

0.8

1.5

1.3

1.3

15.7

1.0

0

20

40

60

80

100

120

Sesan Siem Bouk Siem Pang Stueng Traeng Thala Barivat

% Agriculture % Crafts % services % uncertain/multi-jobs



3.3. Land Tenure All land belongs to the State under the Land Law 1992, but private property rights regarding possession, use of land and rights of inheritance are recognized by this Law1. The Land Law (2001) reiterates this requirement as follows: No person shall be deprived of his/her ownership, unless it is in the public interest. Second, the standard fair and just compensation for the sate expropriate is adopted both in the 1993 Constitution and in the 2001 Land Law. Third, with respect to the timing of giving compensation, both the 1993 Constitution and 2001 Land Law explicitly require compensation be made before expropriate starts. Cambodia laws also explicitly preclude legalization of the following possessory acts: i) entering into possession of state public land at any time; ii) entering into possession of state private land after the cutoff date, 30 August 2001 when the 2001 Land Law took effect; iii) transformation of possession rights to state private land into ownership not pursuant to relevant rules effective at the time of transformation; iv) transformation of land concession into ownership before or after the cutoff date, except for concessions in response to social needs; v) any land concessions not in conformity with rules governing such concessions; and vi) any occupation of privately owned land without a title after the cutoff date. Few people hold legal land titles in Cambodia, however land tenure is largely recognized by occupation and recognition by ones neighbors. Boundaries are clearly defined in paddy areas where each field is demarcated by an earth bund, whilst residential land in villages is often fenced. The Certificate of Possession and Use of Land is a form of title, issued by the Department of Cadastre and Geography within the Ministry of Land Management, Urban Affairs and Planning (formerly the Land Titles Department). A Certificate is obtained by a landholder by submitting an Application for Possession and Use of Land to the provincial office of the Department of Cadastre and Geography. The applicant receives a Receipt for the application, then a slow process of issue is commenced that may involve a dispute over ownership where more than one receipt has been issued for the same piece of land. The Receipt is used as evidence of ownership and is passed on when land is sold or ownership otherwise transferred. Very few landholders in the project area hold any form of land title, with the majority having lodged an Application for Possession and Use of Land. Most landholders obtained their land from distribution by authorities that commenced in 1989. The remaining landholdings were either bought or inherited. The Law on Expropriation2, adopted by the National Assembly on 29 December 2009 with official publication by Ministry of Economy and Finance in March 2010, is:

• to ensure just and fair deprivation of legal rights to private property,

1 Under the National Constitution of 1993, the right of private land ownership is recognized and land expropriation is prohibited, except in the national interest and with payment of fair and just compensation. 2 Expropriation refers to confiscation of ownership of or the real right to immovable property of a natural person, private legal entity and legal public entity, which includes land, buildings, and cultivated plants, for the purpose of constructing, rehabilitating or expanding public physical infrastructure for the national and public interests with prior fair and just compensation.



• to ensure prior fair and just compensation, • to serve the national and public interest, and • to develop public physical infrastructures.

Transmission line is one of the public infrastructures. Article 5 of the law states public physical infrastructure project shall include:

a. construction or expansion of railways, roads, bridges, airports, ports and accompanying structures and equipment;

b. construction or expansion of power stations, structures, equipment and transmission lines and distribution lines;

c. construction or expansion of buildings and equipment for postal, telecommunication and information technology systems;

d. construction or expansion of roads, city space, vehicle parking lots, markets, parks, and public squares;

e. construction or expansion of irrigation systems, clean water supply systems, sewage systems, and public interest spaces;

f. construction or expansion of buildings for education, training, science, culture, health care, social security, and stadiums for performances to public audiences;

g. construction or expansion of refineries, treatment plant, buildings and equipment for protection of nature and the environment;

h. construction or expansion of buildings and equipment for research and exploiting mines and other natural resources;

i. construction or expansion of gas systems, fuel pipes, oil refineries, oil rigs, and other systems;

j. construction or expansion of buildings/residences which are seriously destroyed by natural disasters such as earthquakes, floods, fires, and landslides etc., and for preparation for resettlement;

k. construction or expansion of buildings for protecting and supporting residents; l. construction or expansion of border crossing posts; m. construction or expansion of or preparation for necessary structures for national

defense or security; n. new area establishment for protecting of natural resources, forests, cultural and

archeological sites or protection of the environment. 3.4. Land Use Change Land use in Stung Treng has dramatically changed since the province opened up to outside world in the late 1990s, and changes with greater speed started from mid 20s when roads were accessible to the outsiders. Table 3.2. Land use classification

Land Use Classification Stung Treng

Area (ha) Forested land 928,000 Agricultural land 126,836



Residential land 103,217 Road 2,496 River, stream and creeks 41,094 TOTAL 1,201,643

3.4.1. Economic Land Concession

From 1998 up to 2009, most of the forest land was converted into economic land concession zone. Total economic land concession is 195,105 ha, of which 194,236 ha belongs to 12 companies which are not under the authorization of provincial authorities. Only one company with 869 ha was under the provincial authority. Each company received permission ranging from 70 years to 99 years. Table 3.6: List of economic land concessions in Stung Treng (up to 15 September 2009) No. Name of Firm Total areas

(ha) Location (district)

Type of businesses Master Plan

Current status

Companies with > 1,000 ha 1. Sok Heng

Company Ltd. 7,172 Sdau, Sesan

district 3 Acacia, Rubber, and other fruit trees

yes On- going

2. Powder processing company limited

7,400 Samaki, Stung Treng

Rubber, Teak, Klem Chan, animal raising and wood processing

yes On-going

3 Sal Sophea Peanich Co.; LTD

9,917 Kamphun, Sesan

Rubber, Teak, Klem Chan, animal raising and wood processing

Yes On-going

4 Sopheak Nika Investment Agro-Industrial Plants Co.; LTD

10,000 Kamphun, Se San district

Rubber, Polonia Akapia, Teak, wood processing

yes On-going

5 Phou Mady Investment Group

10,000 Se San Rubber, Akapia, Cassava, Sugar cane and wood processing

Yes On-going

6 GG World Group Cambodia Development LTD

5,000 Samaki, Stung Treng

Teak, Klem Chann, fruit tree, animal raising and wood processing

yes On-going

7 Grand Land Agricultural Development (Cambodia) Co.; LTD

9,845 Sesan Teak, fruit trees, cash crops and wood processing

Yes On-going

8 Green Sea Agricultural Co.; Ltd

100,852 Samaki of Stung Treng & Siem Pang

Rubber, Teak, Trajopha, Akaphia and wood processing

yes On-going

3 This company license was cancelled in 2010 due to lack of development activities.



9 Siv Gek Investment

10,000 Se San Rubber, Teak, Cassava, Sugar Cane and wood processing

Yes On-going

10 Sekong Development

9,850 Siem Pang Agro-industry and animal raising

yes No activities

11 Research Mine and Development

7,200 Se San na na No activities

12 Un Inter Trading and Development

7,000 Sesan na na No activities

Companies with <1,000 ha 1 Bou Narita 869 Stung Treng Akapia and Teak na No activities

The highlight column refers to those companies situated in commune where transmission line comes across. 3.4.2 Social Land Concession Up to 01 January 2008, proposed Social Land Concession (SLC) for retired and mobilized soldiers were pending approval from the Ministry of Land and Urban Planning. The area is situated from Kilometer No. 9 up to Kilometer No. 23 (Kilometer sign No. 484 on NR 7) on the west side up to paddy fields of local residents close to the Mekong River Bank. It is equal to 2,236 ha. Around 122 ha belongs to local residents who have settled since 1995, while the rest consists of state-reclaimed land from illegal land clearance and degraded forest that belongs to Ministry of Agriculture, Forestry and Fisheries (MAFF). Forestry Administration in Stung Treng has verbally agreed to set the land as SLC, while national level government has yet to make decision at the time of the survey team fieldwork. The proposed new line of 230kV will come across these afore-mentioned areas. 3.4.3. Agricultural productivity

In Stung Treng, rice remains a dominant crop and can be planted only once a year as it is rain-fed. The data provided by provincial Department of Agriculture (2009) revealed that rice surplus in the provinces has been reported even though during the Ketsana-typhoon affected year in late 2009. Table below shows rice cultivation by districts in Stung Treng. Table 3.4. Estimated rice balance, based on actual cultivated, area affected and yield in 2009

District Planned (ha)

Actual (ha)

Affected (ha)

Harvested (ha)

Yield (T/ha)

Total prod. (T)

Population Food demand (T)

Sesan 5,000 5,035 620 4415 2.75 12,141 17,506 2,503 Siem Bouk 3,700 4,320 65 4255 2.75 11,701 14,444 2,066 Siem Pang 5,300 5,234 485 4749 2.75 13,060 18,323 2,620 Stung Treng 1,500 1,508 64 1444 2.75 3,971 30,959 4,427 Thalaboriwat 7,500 7,510 66 7444 2.75 20,471 30,439 4,353 Total 23,000 23,607 1,300 22,307 2.75 61,344 111,671 15,969



3.5. Local Economy and Household Characteristics The local economy along the length of the ROW is characterized by rural production and the provision of basic goods and services. The most common primary occupation is farming (38% of AP respondents), with rice providing the main source of income. Other occupations and income sources reported in the survey included: small business seller, driver, worker, officials. Reported annual household incomes ranged from $13 to $2,737, with a median income of $183 and an average of $249 (Preliminary Social Economic Survey results). This figure is underestimated for those villages in Stung Treng along transmission line. For instance, the case in Koh Khorndin shows 68 families involved with fishing and could earn 6,162,200 riel/family/fishing season in 2006 and this might be similar to those villages in Sdau and Kamphun where the transmission line coming across. 3.6. Energy Use and Electricity Supply Commune Database 2009 shows 18.10% (around 2,423 consumers with installed capacity 1.7MW) has access to electricity, 17.83% uses battery, and more than 90% uses fuel wood. Biomass is the main source of energy in the rural areas along the transmission line route, dominated by the burning of fuel wood, charcoal and agricultural residues. These rural areas have no main electricity supply, however many households consume a small amount of electricity derived from batteries. Rural villages are serviced by small independent power generators that operate battery recharging businesses. Households use 12 V batteries for running a house light or television, whilst smaller batteries are used for hunting and other purposes. 3.7. Transportation and Communication The road transport in the project area primarily occurs via National Route 7 (NR 7) and the provincial road to the airport along Se San River. This route runs from Stung Treng. The section of NR 7 from Stung Treng to the Laotian Border, Dong Kralor is in good condition. Local telecommunications in rural areas along the proposed transmission line route are generally reliable except in certain areas in the forest. Telephone antennas are being constructed along the NR 7 from Stung Treng to Dong Kralor. Most villagers and all local officials interviewed had a mobile phone. 3.8. Survey Background Earlier survey was carried out by SBK Research and Development (SBK) covering 115KV transmission line from Laotian Border to Stung Treng on the east side of NR 7. The change from 115kV to 230 kV is accompanied with the changes of route to the west side of NR 7 and the shift of substation from Hang Ko Ban Village, Stung Treng town, to Kamphun, Se San district on the northeast of Stung Treng. To avoid the proximity to the airport areas, Se San district buildings and antennas, the substation is further set eastward, making it about 14km



from Stung Treng in Kamphun village. 3.8.1 Objectives of the Survey The main objective of this survey was to update the RAP 2006 by updating the information on the affected persons (APs) that would be impacted by the construction of the proposed transmission line and its proposed substation site. The definition used in this survey to determine APs characterize individuals or families who are in a position to suffer some type of loss as a result of this project. This may be a complete or partial loss of their physical or non-physical assets. These assets include residence(s) and residential land, productive lands (e.g. farmlands, orchards), empty or vacant land, commercial properties, commercial cum residential lands, tenancy, resources such as forests, fishing areas, and income-earning opportunities. 3.8.2 Survey Methodology The field survey was conducted after reviewing transmission line route, maps and consultations with IRC. The interviews with individual persons and in small groups were carried out in the field. The survey team met and discussed with line departments in Stung Treng province including Cadastral Office, Forest Administration before surveying the transmission line routes from Laotian border. The survey team also conducts survey to identify the new routes on the way to Sdao commune off from the NR 7. Interviews and consultations with local authorities and household heads in the affected areas along the transmission line routes and the substation were carried out. At the same time, survey team conducted market survey to update costs of construction materials. Figure 3.3: Consultations with Affected Persons and local authority

Commune and Village Chiefs, Koh Khorn Den

Consultation with Affected Villager at Kamphun



3.8.3. Substation overview The proposed new site in Kamphun has been pre-determined by KEPCO study (KEPCO July 2009). The choice has been chosen based-upon technical and administrative convenience including the distance from the airport, avoidance of telephone antennas, and better access road, and little impacts on re-settlements. The survey team conducted an approximate measurement of the substation area to delineate the potential impacted area and found the APs within these areas for interviews and consultations. This substation needs 200m x 200m and access road of 50m x 200m. The team identified five plots of land with 4 houses that may be affected. All land plots in the area are often fenced, though only one was fully cultivating. Most households are away to farmland during the survey period. Village chief and those who were interviewed reported that the owners would return after harvest in November.

Figure 3.4. Consultation with Village Chief in Kamphun

Figure 3.5. Affected property and the owner, Mrs Nheun Sin by the substation

3.6. Rice field, tree and vegetation affected by substation site However, due to small bridges (5 of them) along the road from Stung Treng to Kampun, the transportation of heavy equipment for the substation needs to be determined.



Figure 3.7. Access Road to Kamphun Substation

The earlier proposed location that was studied by SBK in 2006 was in Hang Ko Ban Village, Samaki commune in now Khan Stung Treng, approximately 3 kilometers from Se Kong river bridge on the right hand side of the road, in the direction from Stung Treng to north. It is located opposite the junction of the road down to the ferry in Stung Treng town. It was for 115kV substation which required 70m x 70m. 3.8.4. Alternative Proposed Substations Overview The proposed alternative substations will be in the area nearby the proposed substation. The study team surveyed the indicated areas and found that there are large areas of rice and bamboo fields. There are no residential lands in the areas for the proposed alternative substations.



IV. PROJECT IMPACTS AND MITIGATION MEASURES 4.1. IMPACTS

4.1.1. Land Acquisition and Land Use Change Table 4.1: Estimated Land Acquisition areas

Source: EDC Staff The Land acquisition required for the proposed tower sites for the 230 kV transmission line from the Laotian Border to Stung Treng will be 2.9025 ha (i.e., 225m2 each tower with an estimated 129 towers). The proposed substation site in Kamphun Village, Kamphun Commune, Se San District (14 Km from Stung Treng town) will be 4.0 ha with an additional 1.0 ha required for the access road leading to the substation. Therefore, the total land acquisition required is estimated to be 7.9025 ha, to be confirmed during the final design stage. Very little land use change will occur on the 7.9025 ha of the proposed 230 kV tower sites as agricultural cultivation will be permitted beneath the lattice towers. Most of the 2.9025 ha required for the project towers is Government owned land and forest. All landowners who will have land acquired for towers will only have a single acquired site on their respective land. Land that is acquired in paddy fields for a 230 kV tower may be categorized as an average "small" landholding. Land that is acquired for a tower situated on a house block is likely to make up a more significant proportion of this household land type. Mitigation Measures Fair compensation will be paid for acquired land based on current market rates according to land capability and productivity. Owners of land acquired for 230 kV towers will be permitted to grow cereal crops under the towers.

Transmission Line Component

Land area (ha) Total Area (ha)

230 kV Tower 0.0225 2.9025

Kamphun Substation 4.0 4.0

Access Road to Substation 1.0 1.0

Total 7.9025



4.1.2. Building Replacement and Household Relocation Table 4.2: Affected Area

Province District Commune Affected Villages

Total Househo

ld

Total Population

Total Affected

Population

Total Affected

Small Business

Shop Ou Svay Ou Svay 1 7 31 TBD None

Stung Stung Treng Samaki 1 17 76 TBD None

Treng Se San Sdau 1 1 4 TBD None

Kamphun 1 5 22 TBD None

Total: 4 4 30 133 TBD None

The route of the proposed Transmission Line ROW has been situated 100 - 200 meters from the center of NR 7 in order to avoid settlements. Along this route there are around 30 small wooden houses and huts with an average size of (4m x 4m) that will be affected by the line. The total land that will be needed for acquisition from these houses will need to be assessed. Since the 24 structures in Ou Svay and Samaki are located on the roadside which is state property, only compensation for land use, loss of income, and loss of structures will be compensated. Those house structures and land in Sdau and Kamphun should be fully compensated. For loss of structure, the compensation will be made at replacement cost depend on their types of structures categorized. Mitigation Measures

� Compensation for loss of house structures at replacement cost depends on types of structures as set out in the Appendix C.

� Housing Transportation Allowance will be provided to relocating APs to enable them to transport household effects, salvaged and new building materials to new sites equivalent to the following: Cash payment of $40 per house being relocated on same plot and $60 per house relocated to another plot in same village area.

� Disruption Allowance: Disruption allowance in amount of 40$ will be paid to every relocating household and households severely affected by loss of 10% or more of productive, income-generating assets.

4.1.3. Loss of Tree Resources Table 4.3: Estimated number of Trees Species to be removed by the Clearance

Area Name of

Trees Number of

Trees Percentage TBD

Laos Border – Stung Treng

Kokie 90 6.74% None Yieng 20 1.49% None Sdao 14 1.04% 3



Bamboo 81 10 Palm Tree 45 None Mango 105 7.86% 100 Coconut 32 2.39% 10 Kor 7 0.52% None Putrea 7 0.53% 5 Banana 50 3.74% TBD Por 1 0.08% None Tamarine Tree 16 1.19% 5 Sugar Cane 10 0.71% TBD Jack Tree 10 0.71% 3 Others 959 66.28% TBD

Total 2 1,447 100% Total 6,284 100%

Source: SBK (2006) Private and communal trees and plants above 3 m height within the 30 m wide clearance zone will be either removed or pruned to provide the necessary conductor clearance distance. This will involve the removal of classes of trees that have some economic value, as recorded in the asset survey. Trees up to 3 m in height will be permitted within the ROW, such as banana. In addition, large trees within 30m of the base of towers and poles will be selectively removed or pruned to reduce the height of trees that have the potential of falling and striking these structures. Tree removal or pruning will also be undertaken immediately outside the ROW to prevent trees from falling and striking the lowest conductor (as low as 8 m above ground level). Tree removal and pruning will mainly occur in settlement areas where the majority of trees occur. Trees designated as “Plantation Trees” in the clearance zone of the ROW “Forest trees” will be culled to 90% of their stand size. Scattered trees such as mango and coconut palms that are grown on residential compound, canal embankments, riverbanks, and roadsides comprise the remaining trees to be removed or pruned. A large number of replacement trees will be grown by households outside the ROW to offset lost production. Therefore, the long-term replanting benefits will make up for the number of trees removed for the project construction. Mitigation Measures

� Trees that can survive pruning to less than 3 m in height will be pruned to provide the required line clearance distances.

� Vegetation to be cleared will be marked prior to clearance to ensure that minimal clearance occurs. Trees that have mature heights in excess of the required clearances will be clearly marked, and only these trees will be felled or trimmed to meet the clearance requirements.



� Compensation for removed or pruned trees will be paid at replacement cost based on tree type and age.

4.1.4. Land Use Restrictions Land use restrictions will be placed on all land within the ROW. Vegetation will be restricted to a 3 m height, whilst no structures will be permitted to be constructed within the easement. On rural land this will reduce the agricultural capability of land by denying the growing of most trees in the ROW. On urban or industrial land, land use capability will be reduced by prohibiting structures. Immediately outside the ROW tree height restrictions will also be applied, as indicated in Figure 2.3. Cereal crops within the ROW will be permitted as this vegetation is less than 1 m in height; whilst garden crops will also be unaffected as they are generally less than 3 m high (e.g. cassava grows to around 3 m).

Mitigation Measures

� A one-time compensation payment may be paid to affected landowners to offset the

devaluation of land within the ROW due to reduced land productivity. � Easement fee for residential land outside structure under transmission line ROW will

be compensated at 30% of the replacement cost of the residential land as agreed between ADB and the MEF.

4.1.5. Temporary Impacts during Construction

4.1.5.1. Crop and Land Disturbance Disruption of farming activities and the disturbance of crops, bunds, canals, and drains will occur during construction and some line maintenance activities where machinery access has to be gained and no permanent roads exist. Crop disturbance during construction will result from the establishment of a temporary 3-4 m wide access way to each tower site, the construction of each tower site, and conductor stringing. Short sections of paddy bunds and drain/canal embankments will be temporarily removed and drains/canals may be temporarily tilled to establish access, to be reinstated by the contractor once construction has been completed. Major maintenance activities are likely to have a similar impact, but only at specific sites. Essential maintenance activities will mainly disturb crops only between the months of July-December when rice is grown on approximately 40% of the ROW. Therefore, total likely crop disturbance during this period would be small.

Spoil will be created from the excavation of tower footings. Approximately 3-4 m2 of fill will be excavated to establish voids for poured concrete foundations for each 230 kV tower constructed in this manner. In addition, approximately (1m x 4ha) of fill is required to construct the Stung Treng substation foundation, assuming a 1m depth of fill. Land



disturbance may also occur at each temporary concrete batching plant site with approximately 4,550 m3 of land required at the substation. Approximately 3 ha of land for the transmission line will be temporary affected by the project with the preference of paddy field due to the lower value of this type of land when compared other types of land. Compensation for all losses and rental will be the contractor’s responsibility which will be considered in terms of the land productivity, and current market rates at the time of the construction.

Mitigation Measures � The selection of construction techniques and machinery will be considered on their

functioning with a minimum of ground disturbance.

� Construction activities on cropping land will be timed to avoid the disturbance of field crops within one month of harvest wherever possible.

� Established roads and tracks will be used for construction and maintenance access to the line wherever possible.

� Where access is required off existing roads and tracks, access will be restricted to a single carriageway width within the ROW unless more direct and lower impact access can be gained.

� The temporary placement of fill in drains/canals will not be permitted where impeded drainage could cause flooding or damage.

� Fill temporarily placed in drains/canals will be removed, whilst excavated drain/canal embankments will be reinstated immediately following the required access.

� Compensation for lost production will be paid for crops disturbed prior to harvest based on area of disturbed crop, market price, and agreed yield

� Spoil excavated from tower footings will be disposed of by placement along roadsides, or at nearby house blocks if requested by landowners to improve these landscapes.

� Winning of fill for the substation foundations by creating or improving local ponds or drains will be undertaken with the agreement of local communities.

� Temporary concrete batching plants will be located on disturbed sites or areas of low production potential (e.g. grassland) where possible.

4.1.5.2. Damage to Field Crops, Bund Walls, Communal Property, Temporary

Relocation, Business Loss, and Occupation of Storage Areas Temporary damages can be multiple as in possible damage to fields, bund walls (highly localized and small), communal property, temporary relocation, business loss, and occupation of storage areas. As per contract agreement these types of damages will be the financial



responsibility of the contractor(s). The above provision of punitive measures is important to provide an incentive to the contractor(s) to keep these types of damages as minimal as possible. Similarly, compensation for on-going impacts during maintenance activity is not included in the RP, as this is outside the scope of the project implementation. The cost of ongoing maintenance is expected to be small, consisting of possible damage to crops and ground while accessing the line. As with the construction phase this will be built into the Maintenance Contract by requiring the contractor(s) to make good on any damage caused. Although paying for temporary damages, financial (business) losses, and replacing communal and other infrastructure is the responsibility of the contractor(s), damage to fields, bund walls, etc. has been estimated for reference but not for inclusion in the RP budget. The estimation was based on the farm labor rate for manual earthworks of 3,500 riel/m3 which is the same amount as the per linear meter for bund walls of 1m height and 1 m depth, or approximately US$30 for a bund wall across the 30 m width along the ROW. The contractor’s responsibility is to attempt not to damage the growing area of the field itself. Additionally, the contractor will carry out repairs to other infrastructure affected as a result of their works during the course of the project. These provisions will be built into the contract requirements.

Mitigation Measures � Bunds, canals, or other features disturbed during construction will be reinstated by

the contractor as soon as activities at each site have been completed. � Construction activities on crop land will be timed in order to avoid the disturbance

of field crops within one month prior to harvest wherever possible. � Creating or improving local ponds or drains to win fill material for substation

foundations will be undertaken with the agreement of local communities. � Marker balls or similar warning signs or indicators will be considered in final design

at key locations to improve the visibility of conductors and thereby lower the aviation hazard.

� Construction activities involving significant ground disturbance (i.e. substation land forming) will not be undertaken during the monsoon season.

� Substation embankments and other sites with an erosion hazard will be top-soiled and re-vegetated immediately following site construction.

� Construction activities will only be undertaken during the day and local communities will be informed of the construction schedule in advance.

� Temporary concrete batching plants will be located away from residences where possible.

Measures will also be sought to maximize project benefits to the communities in the project area such as through facilitating local employment and training in construction. This is outside the scope of this RAP but efforts should be made in association with the design and construction activities to include this into the plan of works.



4.2. INCOME RESTORATION STRATEGY

The needs for income restoration are indicated to be minor from the Laotian border to Stung Treng. The main item for consideration in the income strategy is to ensure that those APs with trees affected either by clearing or by pruning are adequately compensated for lost future productivity (5-year loss in productivity) so that their livelihood and socioeconomic base is maintained or improved. An adequate income restoration strategy would involve:

• Compensation for lost productivity of trees cut until the replacement trees reach maturity (a minimum of 5 years, depending on the tree species).

• Substation land acquisition will be fully compensated and allowances given for income losses.

• Severely affected farmers (losing 20% or more of total productive landholding) will be entitled to other rehabilitation assistance, including advice and technical assistance to improve productivity on remaining land or to develop alternative livelihoods.

• Vulnerable groups are estimated at 10% of the total estimated, affected households. Households are considered vulnerable when falling into at least one of the following categories: (1) the poorest families, (2) old-aged head of household without assistance, (3) women-headed households with small child/children, (4) handicapped head of household without assistance, (5) indigenous families, and (6) landless households. When a household falls under one or more of the afore-mentioned criteria it is entitled to $150 assistance or an equivalence of six-month living assistance.

• For temporary impact, the contractors to take this responsibility so that they will have ample incentive to keep such impacts at a minimum.

4.2.1. Structure Relocation 30 houses and huts will be required to relocate their structures from 230kV transmission line ROW. As with land acquisition for substation all land acquisition along transmission line ROW will be fully compensated and allowances given for income losses (See entitlement matrix, Table 5.2) For loss of structures the compensation will be paid at replacement cost. All 30 house structures are categorized into different types of structures as shown in figures 4.1 below. The types of structures will be verified during the Detailed Measurement (DMS).



Figure 4.1. Types of affected structures

Affected House structures and trees 4.2.2. Trees The requirement of removing trees from the transmission line ROW may be the largest direct income loss for individual APs. However, it is very difficult at this stage to assess the income loss in the more general sense of the community or for individual APs. Most affected trees will be in the economic land concession zones and community-forest areas. This assessment can be undertaken once the line is “pegged out” upon finalization of the design and the carrying out of the DMS that will update and finalize the information about APs and the specific Project Impacts. 4.2.3 Temporary Disturbance

In addition to the income losses from permanent land acquisition there will be income losses from temporary disturbances during implementation. Most of these will be compensated for by the Project, such as crop losses due to construction activities. In addition, the contractor(s)- as specified in the contract provisions are responsible for the compensation where the impacts are directly caused by their activities. It is important for the contractors to take this responsibility seriously as it is imperative that priority be given to keep all possible impacts to a minimum.



V. LEGAL AND POLICY FRAME WORK 5.1. RESETTLEMENT OBJECTIVES AND PRINCIPLES The Project's resettlement and compensation protocols are to be executed in accordance with World Bank requirements and Cambodian law. The World Bank has made it very clear that this is a condition of funding that the Bank's requirements are met in relation to resettlement and compensation. The objectives and principles for resettlement and compensation to be adopted in implementing the Bank's policies for the project are as follows:

(a) Resettlement Objectives: The Resettlement Action Plan aims to ensure that the losses incurred by Affected People are redressed such that Affected Persons share in the project benefits and are assisted to develop their social and economic potential in order to improve or at least restore their incomes and living standards to pre-project levels and are not worse off than they would have been without the Project.

(b) Resettlement Principles: � Acquisition of land and others assets and resettlement of people will be

minimized as much as possible by identifying possible alternative project designs and appropriate social, economic, operational, and engineering solutions that have the least impact on populations in the Project area.

� The populations affected by the Project are defined as those who may stand to lose as a consequence of the Project all or part of their physical and non-physical assets, including homes, homesteads, productive lands, commercial properties, tenancy, income-earning opportunities, social and cultural activities and relationships, and other losses that may be identified during the process of resettlement planning.

� All APs who will be identified in the project impacted areas as of the date of the updated census and inventory of losses will be entitled to be compensated for their lost assets, incomes, and businesses and be provided with full replacement costs and with sufficient rehabilitation measures or assistance to at least maintain their pre-project living standards, income earning capacity, and production levels.

� All affected populations will be equally eligible for compensation and rehabilitation assistance irrespective of tenure status, social or economic standing, and any such factors that may discriminate against achieving the objectives outlined above.

� The rehabilitation measures to be provided are: (i) cash compensation for houses and other structures at the replacement costs of materials and labor without deduction for depreciation or salvageable materials;(ii) full title to replace agricultural land with land of equal productive capacity acceptable to the AP; full title to replace residential and commercial land of equal



sizes acceptable to the AP, or at the informed decision of the AP cash for replacement land at current market value;(iv) cash compensation for crops and trees at current market value; and (v) relocation allowances and rehabilitation assistance.

� There will be no deduction in payment for salvage value, depreciation, taxes stamp duty, fees, or any other payments.

� Sufficient time will be allowed for replacement structures to be built before construction.

� Temporarily affected land and communal infrastructure will be restored to pre-project conditions.

� The compensation and resettlement activities will be satisfactorily completed and rehabilitation measures in place and all encumbrances removed on a contract area before the Government and World Bank will approve commencement of civil works for that contract area.

� The EA will see that institutional arrangements are in place to ensure effective and timely design, planning, consultation, and implementation of the land acquisition, compensation, and resettlement rehabilitation program.

� Existing cultural and religious practices shall be respected and as far as is practically possible preserved.

� Adequate budgetary support will be fully committed and be made available to cover the costs of land acquisition, resettlement, and rehabilitation within the agreed implementation period.

� Special measures shall be incorporated in the RP and complementary mitigation and enhancement activities to protect socially and economically vulnerable groups such as women-headed families, children, elderly people without support structures, and people living in extreme poverty.

� Grievance procedures shall be established and APs placed in project and commune offices to be of assistance and guidance to affected people as well as any interested groups.

� Appropriate reporting, monitoring, and evaluation mechanisms will be identified and set in place as part of the resettlement management system. An external monitor will be hired before commencement of any resettlement activities.

5.2. LEGAL AND POLICY FRAMEWORK There is no specific government policy relating to the details of resettlement and compensation in Cambodia other than general requirements for compensation to be provided. A policy has been developed for the projects taking into account relevant Cambodian and World Bank laws and policies. This section describes the legal and policy backgrounds to the Legal and Policy Framework.



5.3. CAMBODIAN LAW AND POLICY Cambodian law relating to resettlement and compensation covers the following:

� Constitution � Land Law � Electricity Law � Expropriation Law � Decrees and sub-decrees

5.3.1. National Constitution

The national constitution of 1993 prohibits land expropriation except in national interest and with payment of fair and just compensation. 5.3.2 Land Law Cambodia has experienced severe social, economic, and political disruption during the past 20 years. In 1975, all private property was abolished and all records were destroyed. After 1979 when people began to return to the urban areas and due to the lack of defined property rights, began occupying vacant land and structures and a system based on usufruct fights was established. In rural areas, the Government assisted groups of families to form units based on the collective ownership of land and assets with a village head. Land was distributed according to fertility and productivity. Private possession and use rights to land are recognized in the 1993 Constitution and were also recognized in the Land Law 1992 with provision for land acquisition by Government by providing fair compensation in advance when required in the national interest. Although there is a process for obtaining a formal land title, progress has been slow with very few titles being issued. The current legislation governing land ownership is the Land Law, August 2001. This new Land Law has replaced the former Land Law, enacted October 1992. The new Act contains some provisions that are relevant in relation to a current national resettlement policy that is presently in the process of formulation.

Article 5: "No person shall be deprived of their ownership unless this action is for the public interest consistent with formalities and procedures provided by laws and regulations, and after just and fair compensation is provided."

Article 6: "…All transfers or changes of rights ownership shall be made under the

rules of general procedures of sale, succession, exchange, or donation, or by the court decision."

Article 19: "Any person having titles or real situation under the influence of Article 19 of this law cannot claim any compensation or cost for maintenance or development made under immovable property which is illegally possessed. Any



illegal and intentional or deceitful acquisition of the public domain of the State or public legal entity shall be punished as provided in Article 259 of this law. For possession of public domain that damages or delays word in favor of the common interest, especially the possession of land necessarily reserved for maintaining roads, the penalty shall be double. In all cases where the offender does not cease possession within the period of time determined by the competent authority, the authority can proceed to evict that offender."

Article 259: "infringement upon the public domain shall be punished with a fine from 5,000,000 Riel (five million Riels) to 50,000,000 Riels (fifty million Riels) [between US$1,250 and US$12,500] and/or imprisonment from one (1) to five (5) years. The perpetrator has an obligation to immediately vacate such a public domain. The perpetrator has no right to any indemnity for works or improvement made on such public property. In the event that the current occupant of public property prior to this law taking effect has documents as proof and a certificate that states she/he purchased it from a person, [the occupant] may report to competent authority to enforce legal measures on such a person who sold public property illegally and for his/her own interest [and the occupant is] injured by such an act. In any event, such injured party has no right to possess the public property"

Ministry of Economy and Finance Prakas No. 961 (April 6, 2000): An Order declares that in order to implement Proclamation No. 6 (below) the RGC will not spend the national budget to make payment for structures or other items located on the RGC claimed right of way. Royal Government of Cambodia's Proclamation No. 6 (September 27, 1999): an Order by RGC entitled "Measures to Crack Down on Anarchic Land Grabbing and Encroachment." prohibits private ownership on State lands. In particular, it required a cessation to encroachment on public and private properties as well as State lands including public gardens, reserved lands for roads, and rail sites. This order directs the municipal provincial authority, the Royal Cambodian Armed Forces, National Police, Military Policy, and all relevant ministries and institutions to participate in solving the problem of anarchic land grabbing and encroachments. It is noted that under this new Land Law that those who have illegally occupied a right of way or public properties are not entitled to any compensation or social support, regardless of their being and AP or member of a vulnerable group. This is also in accordance with Decision No 961 (above, where the RGC informs that it will not make payments for structures or assets on a right of way. Moreover, under the new Land law, persons having assets on a right of way is to be punished more heavily if a failure to relocate results in delays of works of public interest. Thus, this provision is in direct contrast to World Bank's Involuntary Resettlement policies being implemented in Cambodia. This has been a serious issue with regards to multilateral agency-financed road projects in Cambodia, but is not likely to be a serious consideration for the transmission line ROW which by in large does not follow within State-owned ROW or across substantial areas of public property.



While the individual's rights to ownership and compensation are protected in the new Land Law, there is now a clearly defined mechanism for land acquisition and amounts of compensation. The national-level Ad-Hoc Committee on Resettlement determines entitlements, land values and appropriate compensations. Under these circumstances individuals have no right of appeal and are obliged to sell their assets at the values determined by the Government. As of December 2002 legislation governing the expropriation of land was expected go before the parliament. This will set up the processes to be followed and give guidelines for compensation. 5.3.3. Electricity Law The Electricity law of January 2001 covers right easement in Article 55:

� A licensee may lay, put in position, construct, or install, under or over any land, such electrical facilities and equipment that are necessary to satisfy its electric power supply services responsibilities under this Law.

� The licensee shall take reasonable commercial efforts to acquire necessary rights of entry, rights of way, and/or easements through negotiations with the owners of the lands and by paying appropriate compensation.

� In the event a licensee is unable to obtain such rights through reasonable commercial efforts, and the need arises to acquire easement compulsorily, the Authority, upon request by the licensee, may certify the acquisition to be in the public interest, to enable the relevant authority of the Government to proceed with the compulsory acquisition of the easement or land for the Licensee.

5.3.4. Expropriation Law

The Law on Expropriation of February 2010 is specifically covering the expropriation resulting from public physical infrastructure projects in the Kingdom of Cambodia. The followings are the relevant provisions of the law on property acquisitions and compensations:

Article 8: “The state shall buy any part of the immovable property remaining after the expropriation for fair and just compensation as proposed by the immovable’s owner and holder of real right to the immovable property who cannot live near the project area or cannot build a residence or conduct any businesses.”

Article 9: “The expropriated immovable property shall only be used for the purposes contemplated in a declaration on the expropriation project for the public interest or for the need of the national interest and may not be left unoccupied without reasonable justification or transferred to any other third party for private interest.

The owner of and/or holder of real right to immovable property shall be given priority to buy the part of the expropriated immovable property left over from the required use at the compensation rate. In the case that the owner of and/or holder of real right do not accept to purchase the part of the expropriated immovable property remaining from the required use, it shall be kept as the state property.”

Article 10: “In special and urgent cases necessitated by public safety such as



combating fire, floods, forest fire, earthquake, imminent wars or terrorist attacks and other situations determined by the Royal Government, the Royal Government may temporarily expropriate the immovable property or real right on immovable property without consultation and shall hand over the immovable property back to the owner and/or holder of real right when the temporary assumption of control was ceased.

In an emergency and necessary case in which the national interest is involved, the government has the discretionary power to carry out the expropriation without arrangement of consultation in respect to procedures as set out in Chapter 4 of this law.”

Article 16: “Prior to making any expropriation project proposal, the Expropriation Committee shall conduct a public survey by recording of detailed description of all entitlements of the owners of and/or of the holder of real right to immovable property and other properties subject to compensation as well as recording of all relevant issues.

“In conducting the survey, the Expropriation Committee shall organize public consultations at ... authority levels with commune/sangkat councils, and village or community representative to be affected by the expropriation to provide specific and concise information and collect inputs from all stakeholders regarding the proposed basic public infrastructure project.”

Article 19: “The expropriation of the ownership of the immovable property and real right to immovable property can be exercised only if thee Expropriation Committee has paid fair and just compensation in advance to the owner and/or holder of real right, in accordance with the principles and procedures for compensation payment stipulated in Section 3 of Chapter 4 of this law.”

Article 22: “The amount of compensation to be paid to the owner of and/or holder of real right to the immovable property shall be based on the market price or replacement cost as of the date of the issuance of the declaration on the expropriation project.

Market price or the replacement cost shall be determined by an independent committee or agent appointed by the Expropriation Committee.”

Article 23: “The owner of and/or holder of real right to the immovable property shall be entitled to compensation for any actual damage to the immovable property incurred from the date of the issuance of the declaration on the expropriation project, which is the cut-off date for being entitled to the fair and just compensation.”

Article 27: “After receiving full amount of compensation, the owner of and/or holder of real right to the immovable property shall continue to use, stay, possess and benefit from the immovable properties until they are taken by the Expropriation Committee.”

Article 31: “The owner of and/or the holder of real right to the immovable property may not occupy the immovable property for more than one month after the expropriation committee has provided the full compensation in accordance with the procedures stipulated in Chapter 4 of this law unless otherwise agreed or permitted.”



5.3.5. Decrees Prime Minister’s Edict, 27 September 1999, Measures to Eliminate Anarchical Land Grabbing declares public land on the verge of roads and railways that must not be occupied as follows:

� National Road 2, 3, 6 and 7: 25m from centre-line � National Road 1, 4, 5: 30m from centre-line � National Road 11, 22, 64, 78: 25m from centre-line � Commune roads: 15m from centre-line � Not applicable in towns

� Railways 20m from centre-line in urban areas, 30m in rural areas, 100m where there is threat of avalanche or in old growth forest.

Thus the edict does not recognize private ownership in these zones adjacent to roads and railways. However the World Bank requires that any people relocated from such areas for the Project shall be eligible for compensation.

The World Bank's Policy, in Op 4.12, Para 15/16, states that "Displaced persons who have no recognizable legal right or claim to the land they are occupying are provided resettlement assistance in lieu of compensation for the land they occupy, and other assistance, as necessary to achieve the objectives of the policy, if they occupy the project area prior to a cut-off date established by the borrower and acceptable to the Bank. Persons who encroach on the area after the cut-off date are not entitled to compensation or any other form of resettlement assistance."

5.4. WORLD BANK POLICY AND DIRECTIVE

The World Bank requires that land acquisition and resettlement be minimized as much as possible, and that compensation/resettlement be carried out so as to maintain or improve standards of living of project- affected people.

World Bank policies in relation to resettlement and compensation are set out in World Bank Operational Policy (O.P.) 4.12: Involuntary Resettlement, attached as appendices to this report. The objective of the Banks' policies is that the displaced population should receive benefits from the project. The Banks' policy objectives are summarized as follows:

� Involuntary resettlement should be minimized, � Resettlement plans should be developed, � Community participation in planning and implementing

resettlement should be encouraged, � Resettlers should be integrated into host communities, � Affected people should be compensated and assisted in

rehabilitation, to ensure they are no worse off than before. Other World Bank policies and directives related to resettlement and social impacts are as follows:

� OD4.20 Indigenous Peoples No action is required under Operational Directive 4.20 as none of the people interviewed in the APs inventory identified themselves as belonging to any preparation the social assessment or indigenous or other ethnic minority.



� 0P4.11 Cultural Property

No action is required under Operational Policy 4.11 as the site of the project has been chosen to avoid cultural property such as temples and graves.

5.5. CONSISTENCY BETWEEN CAMBODIAN LAW AND BANK PO LICY At present there is no resettlement policy in Cambodia. As a result, the RP is guided by the World Bank's policies on Involuntary Resettlement (see Appendix C). Table 6-1 compares RGC policy with World Bank.

Cambodian law requires that land can only be compulsorily acquired where it is in the national interest and that in such case fair compensation must be paid in advance. This is consistent with the Bank's policies which go beyond this and have further more specific requirements. Although Cambodian law does not recognize private ownership in certain cases, such as in existing ROW, this does in any case not prevent compensation being provided to meet with the Banks' policies through other means than direct compensation under the law.

Table 5.1: Summary of Comparison between the Laws of Cambodia and Bank’s Policy

Resettlement Policy, Land Law, and Legislation in Cambodia

Bank's Policies on involuntary resettlement

At present there is no resettlement policy. However, some provision in the new Land Law is relevant.

Involuntary Resettlement Policy is applied to all development programs, resulting in (i) relocation of loss of shelter; (ii) loss of assets of access to assets; or (iii) loss of income sources or means of livelihood.

Article 5 [Land Law]: "No person shall be deprived of their ownership unless…for the public interest…and after just and fair compensation is provided,"

The Bank's policies provide that compensation for lost assets must be made on the basis of replacement cost.

Article 6 [Land Law]: "…All transfer or changes of right of ownership shall be made under the rules of general procedures of sale, succession, exchange, or donation, or by the court decision."

Customary and formal right is recognized equally in providing assistance and in devising criteria for entitlements and procedures for compensation for other resettlement assistance.

Article 19 [Land Law]: "…any illegal and intentional or deceitful acquisition of the public domain of the State of public legal entity shall be punished…"

the Word Bank's Policy, in Op 4.12, para 15/16, states that "Displaced persons who have no recognizable legal right of claim to the land they are occupying are provided resettlement assistance in lieu of compensation for the land they occupy, and other assistance as necessary to achieve the objectives of the policy, if they occupy the project area prior to a cut-off date established by the borrower and acceptable to the Bank. Persons who encroach on the area after the cut-off date are not entitled to compensation or any other form of resettlement assistance,"

The RGC will not spend national budget to make payment for structures of other items located on the RGC claimed rights of way.

When Involuntary Resettlement is avoidable under a Bank-financed project the responsibility rests with the borrower country to follow the Banks' policies and laws. The Banks' policies shall be applied as per the RP. The RP is viewed as a legal commitment in this regard.

Proclamation No. 6 defines that the right of way is 25 m from each side of National Roads with all two-digit roads being National Roads.

Proclamation No. 6 is not applicable in the Transmission Line ROW.



5.6. ELIGIBILITY AND ENTITLEMENTS 5.6.1. Eligible Parties Eligible parties for the purpose of this project are identified as Affected Persons (APs). This term refers to a collective unit of entitlement, and is used in this document to refer to families, other households, individuals, businesses, and any other group affected by the project. APs eligible for compensation shall be those who experience negative impacts on their assets or livelihoods as a result of the Project. Measures will be incorporated in Project design to minimize adverse impacts. For land required to be permanently acquired for the Project (transmission towers, substation, roads), APs eligible for compensation shall include the following:

• Owners with Formal Legal Title • Owners/ occupiers who are eligible for Formal Legal Title under Cambodian law • APs with other recognized Land Use Rights • Occupiers who are not eligible for Formal Legal Title

For permanent removal within the ROW, of houses, other structures and improvements, and land based assets such as trees, APs eligible for compensation shall include the following:

• Owners of houses and other structures (whether with land title or not) For temporary effects such as disturbance to crops during construction:

• Farmer/land users/owners of infrastructure within the ROW For effects on businesses APs eligible for compensation shall include the following:

• Owners of businesses • Employees who have lost income as a result of the Project.

Types of APs and their proposed eligibility for compensation are detailed in the Entitlements Matrix.

It is a World Bank requirement that compensation is not restricted to those with Formal or Legal Land Title. All recognized landowners, occupiers, and users will be eligible for compensation.

In the case of APs living in or using land within the ROW of roads or railway lines, APs shall be fully eligible for compensation. Those eligible are identified in the AP Census prepared as part of the Project. 5.6.2. Non-Eligible APs and Cut-off Date APs that move into the Project area after the Cut-Off Date will not be eligible for land acquisition compensation even though any such APs would be eligible for compensation caused by Construction activities. The cut-off date for determining eligibility for



compensation shall be at the time of undertaking the AP Census that will take place after Detailed Design and pegging of the ROW and substation sites. This will be done at the same time as the official Detailed Measurement Survey/Inventory of Losses which will be the basis for compensation, and at which time the APs and local authorities or their representatives on the Survey Teams will sign the Survey Forms agreeing to Detailed Measurement Survey/Inventory of Losses for each AP.A formal indication of the completion of this process will be the approval by the World Bank and RGC.

The purpose of the Cut-Off Date is to minimize the incentive for land speculation and minimize the incentive for people to move into the Project area in the hope of gaining compensation. However, it may be possible that some APs may have been missed in the Census. Therefore those who can demonstrate that they are eligible will also be included in the AP Census. 5.6.3. Entitlements Matrix The Entitlements Matrix (Table 5.2) summarizes the types of impacts, APs who shall be eligible for compensation, what their entitlements shall be, and provides comments on implementation issues.



Tabl

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2: E

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size

on

a f

ully

ser

vice

d r

eset

tlem

ent

site

. �

Wh

en th

e af

fect

ed p

rem

ises

are

larg

er th

an th

e re

pla

cem

ent

plo

t, ca

sh c

om

pen

satio

n a

t re

pla

cem

ent

cost

to

cov

er t

he

diff

eren

ce in

ar

ea.

�

Imp

act

on

via

bili

ty o

f re

plac

emen

t la

nd

due

to

frag

men

tatio

n o

r re

du

ced

siz

e al

so n

eed

s to

be

con

sid

ered

. Th

eref

ore

wh

ere

the

rem

ain

ing

la

nd

is n

ot v

iab

le f

or

its c

urr

ent

use

com

pen

satio

n sh

all b

e p

rovi

ded

for

the

entir

e p

arce

l of

land

. �

Fu

ll R

epla

cem

ent V

alu

e o

f str

uct

ures

an

d

imp

rove

men

ts.

�

Un

der

th

e C

ambo

dia

n L

aw t

he

RO

W is

pu

blic

st

ate

lan

d.

So

, th

e co

mp

ensa

tion

for

land

in t

he

RO

W is

co

mp

ensa

ted

for

lan

d u

se o

nly

, w

hic

h

equ

als

to $

0.5

0/m2 .

�

Co

mp

ensa

tion

fo

r ea

sem

ent

fee

is p

aid

of

15%

of

rep

lace

men

t co

st o

f re

side

ntia

l lam

d

Type

of E

ligib

le P

erso

n

�

Ow

ner

s w

ith

form

al

leg

al

title

o

f la

nd

req

uire

to

be

acqu

ired

for

the

P

roje

ct

�

Ow

ner

/occ

up

ants

elig

ible

fo

r fo

rmal

le

gal

titl

e u

nder

Cam

bo

dian

law

. �

Ow

ner

s/o

ccu

pan

ts

with

o

ther

ev

iden

ce

(lan

d u

se

cert

ifica

tes,

ap

plic

atio

ns

for

lan

d ce

rtifi

cate

s,

etc.

) o

f o

wn

ersh

ip /

use

rig

hts.

�

Oth

ers

reco

gn

ized

lo

cally

as

hav

ing

o

wn

ersh

ip /

use

rig

hts

. �

Occ

up

ants

of

land

ow

ned

by

othe

rs,

wh

eth

er

po

sses

sory

la

nd

use

rs,

ten

ants

, or

ren

ters

. �

Ow

ner

s w

ith

form

al

leg

al

title

o

f la

nd

req

uire

d t

o b

e ac

qu

ired

fo

r th

e

Pro

ject

. �

Ow

ner

s/o

ccu

pan

ts

elig

ible

fo

r fo

rmal

leg

al t

itle

und

er C

amb

odia

n

law

. �

Ow

ner

s/o

ccu

pan

ts

with

o

ther

ev

iden

ce

(lan

d u

se

cert

ificate

s,

app

licat

ion

s fo

r la

nd

cert

ifica

tes,

et

c.)

of

ow

ner

ship

/ u

se r

ight

s.

�

Oth

ers

reco

gn

ized

lo

cally

as

hav

ing

o

wn

ersh

ip /

use

rig

hts

. �

Occ

up

iers

of

lan

d o

wn

ed b

y ot

hers

, w

het

her

p

oss

esso

ry

land

u

sers

, te

nan

ts, o

r re

nte

rs.

�

Ow

ner

s w

ith

form

al

leg

al

title

of

lan

d re

qu

ired

to

be

acq

uire

d f

or

the

P

roje

ct.

�

Ow

ner

s/o

ccu

pan

ts

elig

ible

fo

r fo

rmal

leg

al t

itle

und

er C

amb

odia

n

law

. �

Ow

ner

s/o

ccu

pan

ts

with

o

ther

Type

of I

mpa

ct

1.2

Per

man

ent

acqu

isiti

on o

f re

side

ntia

l of

com

mer

cial

la

nd

(Req

uire

d fo

r tr

ansm

issi

on

tow

ers,

su

bst a

tion

and

road

s).

1.3

Per

man

ent

acqu

isiti

on o

f ar

able

, res

iden

tial

and

com

mer

cial

la

nd fo

r tr

ansm

issi

on

tow

ers,

su

bsta

tion,

and

ro

ads

(Lan

d in

ro

ad R

OW

).

1.4

Eas

emen

t Fee

(R

esid

entia

l Lan

d

with

out

stru

ctu

re)



Not

es o

n Im

plem

enta

tion

2. R

emov

al o

f S

truc

ture

s, T

rees

, Etc

. (N

ot N

eces

saril

y In

volv

ing

Land

Acq

uisi

tion)

�

Rep

lace

men

t va

lue

shal

l b

e ag

reed

at

DM

S S

tag

e o

n b

asis

of

form

ula

fo

r ty

pe

of

ho

use

an

d ar

ea,

and

a co

mp

eten

t tec

hnic

al s

urv

ey.

�

Mat

eria

ls

shal

l b

e av

aila

ble

fo

r sa

lvag

e b

y o

wn

er w

ith n

o r

edu

ctio

n

in p

aym

ent

�

Rep

lace

men

t o

f p

aym

ent

shal

l b

e m

ade

bef

ore

con

stru

ctio

n

beg

ins,

w

ith s

uffi

cien

t tim

e al

low

ed f

or

re-

esta

blis

hm

ent.

�

An

y P

erm

its

nee

ded

fo

r bu

ildin

g sh

all

be

arra

ng

ed b

y th

e Im

plem

ent

agen

cy.

�

AP

ret

ain

s o

wn

ersh

ip o

f th

e af

fect

ed

lan

d,

but w

ith r

estr

icte

d u

se.

�

Su

ffici

ent

time

shal

l b

e al

low

ed f

or

re-e

stab

lish

men

t o

f h

ouse

s an

d

infr

astr

uct

ure

b

efo

re

con

stru

ctio

n

beg

ins.

Com

pens

atio

n E

ntitl

emen

t

�

Fu

ll R

epla

cem

ent

Val

ue

of

stru

ctu

res

(no

red

uct

ion

fo

r d

epre

ciat

ion

o

r sa

lvag

e va

lue)

. �

Wh

ere

stru

ctu

res

are

on

ly p

artly

with

in

RO

W,

but

who

le t

he

who

le s

tru

ctu

re n

eed

s to

be

mov

ed,

then

co

mp

ensa

tion

shal

l b

e d

ue

for

who

le s

tru

ctu

re.

�

Rei

nst

atem

ent

of

equ

ival

ent

imp

rove

men

ts a

nd in

fras

tru

ctu

re in

clu

ding

o

ther

bu

ildin

gs,

fen

ces,

wel

ls,

pon

ds,

etc

. R

elo

catio

n

Exp

ense

s an

d

Cos

t o

f L

ivin

g A

llow

ance

du

ring

th

e tr

ansi

tion

per

iod

.

Type

of E

ligib

le P

erso

n

Ow

ner

s o

f h

ouse

s an

d o

ther

str

uct

ure

s (w

ell,

pon

d, f

ence

, la

trin

e, s

hed

, ki

osk

o

r sh

op,

etc.

) (w

het

her

with

lan

d tit

le

or

not)

.

Type

of I

mpa

ct

2.1

Rem

oval

of

hous

es a

nd o

ther

st

ruct

ures

from

R

OW

(re

quire

d to

be

rem

oved

for

safe

ty

reas

ons)

– w

here

ho

use

can

be

relo

cate

d on

sam

e bl

ock

of la

nd



Not

es o

n Im

plem

enta

tion

�

Rep

lace

men

t V

alu

e sh

all

be

agre

ed

at

DM

S S

tag

e, o

n b

asis

of

form

ula

for

typ

e o

f h

ou

se,

area

, an

d a

com

pet

ent

tech

nic

al

surv

ey,

�

Mat

eria

ls s

hal

l b

e av

aila

ble

fo

r sa

lvag

e by

o

wn

er w

ith n

o r

edu

ctio

n in

pay

men

t. �

Rep

lace

men

t o

r p

aym

ent

shal

l b

e m

ade

bef

ore

con

stru

ctio

n b

egin

s w

ith s

uffi

cien

t tim

e al

low

ed f

or

re-e

stab

lish

men

t.

�

An

y P

erm

its n

eeded

fo

r b

uild

ing

sh

all

be

arra

ng

ed b

y th

e Im

ple

men

ting

Age

ncy

.

�

AP

ret

ain

s o

wn

ersh

ip o

f th

e af

fect

ed l

and

, b

ut

with

res

tric

ted

use

. �

Su

ffici

ent

time

shal

l be

allo

wed

for

the

esta

blis

hm

ent

of h

ou

ses

and

infr

astr

uct

ure

bef

ore

con

stru

ctio

n b

egin

s.

�

Su

ffici

ent

time

shal

l b

e al

low

ed f

or

re-

esta

blis

hm

ent

of

hou

ses

and

in

fras

tru

ctu

re b

efo

re c

onst

ruct

ion

beg

ins

�

Ass

ista

nce

sh

all

be

pro

vid

ed

to

ensu

re

that

an

eq

uiva

len

t re

plac

emen

t h

ou

se

acce

pta

ble

to

th

e A

ffect

ed

Per

son

is

o

bta

ined

.

Com

pens

atio

n E

ntitl

emen

t

�

Fu

ll R

epla

cem

ent

Val

ue

of

stru

ctu

res

(no

red

uct

ion

fo

r d

epre

ciat

ion

or

salv

age

valu

e)

plu

s:

�

Eq

uiv

alen

t R

epla

cem

ent

Lan

d w

ithin

th

e sa

me

villa

ge

as

a p

riorit

y, o

r if

rep

lace

men

t ca

nn

ot

be

pro

vid

ed,

cash

su

ffici

ent

to b

uy

rep

lace

men

t la

nd

, or

co

st t

her

eof.

Lan

d t

o b

e eq

uiva

len

t in

te

rms

of

area

, a

cces

s,

with

in

sam

e

villa

ge,

ab

ove

floo

d le

vel,

etc.

�

Wh

ere

stru

ctu

re i

s on

ly p

artly

with

in

RO

W,

but

wh

ole

str

uct

ure

nee

ds

to b

e m

ove

d,

then

co

mp

ensa

tion

sh

all

be

du

e fo

r w

hole

str

uct

ure

.

�

Rei

nst

atem

ent

of

equ

ival

ent

imp

rove

men

ts

and

In

fras

truc

ture

in

clud

ing

o

ther

bu

ildin

gs,

fe

nce

s,

wel

ls,

pon

ds,

etc

. �

Rel

oca

tion

E

xpen

ses

and

C

ost

o

f L

ivin

g A

llow

ance

du

ring

the

tran

sitio

n p

erio

d.

�

Rel

oca

tion

E

xpen

ses

and

C

ost

o

f L

ivin

g

Allo

wan

ce d

urin

g t

he

tran

sitio

n p

erio

d.

Th

ree

mo

nth

’s r

ent

allo

wan

ce

Type

of E

ligib

le P

erso

n

Ow

ner

s o

f ho

use

s an

d o

ther

str

uct

ure

s (w

ell,

pon

d, f

ence

, la

trin

e, s

hed

, ki

osk

o

r sh

op

, etc

.) (

wh

eth

er w

ith la

nd

title

o

r no

t).

�

Ten

ants

p

ayin

g

ren

t on

ho

use

s o

wn

ed b

y o

ther

s.

Type

of I

mpa

ct

2.2

Rem

oval

of

hous

e st

ruct

ures

fr

om R

OW

-whe

re

hous

es c

anno

t be

relo

cate

d on

the

sam

e bl

ock

of la

nd,

requ

iring

ow

ners

to

relo

cate

to a

noth

er

resi

denc

e.

2.3

R

emov

al

of

rent

ed

hous

es

from

RO

W



Not

es o

n Im

plem

enta

tion

�

Co

st o

f liv

ing

allo

wan

ce s

hal

l be

pai

d o

n a

mo

nth

ly b

asis

in

adva

nce

dur

ing

the

tran

sitio

n p

erio

d.

�

All

ow

ner

s o

f h

ouse

s an

d

hou

se

cum

sh

op

s ar

e en

title

d t

o on

ly o

ne-

time

livin

g al

low

ance

.

�

Th

is

amo

unt

is

repo

rted

ly

suffi

cien

t to

tr

ansp

ort

po

sses

sio

ns

fro

m P

hnom

Pen

h

to

Kam

pong

C

ham

, P

hno

m

Pen

h to

S

tun

g

Tre

ng,

and

sh

ould

th

eref

ore

b

e su

ffici

ent

to t

ran

spo

rt w

ithin

or

bet

wee

n

villa

ges

. �

All

ow

ner

s o

f h

ouse

s an

d

hou

se

cum

sh

op

s ar

e en

title

d

to

onl

y on

e-tim

e

tran

spo

rtat

ion

allo

wan

ce.

�

Tre

es s

hal

l b

e av

aila

ble

fo

r sa

lvag

e by

th

e o

wn

er, w

ith n

o r

edu

ctio

n in

pay

men

t.

�

An

in

com

e re

sto

ratio

n s

trat

egy

is b

eing

d

esig

ned

in

co

ord

inat

ion

w

ith

exis

ting

livel

iho

od p

rog

ram

s al

read

y in

op

erat

ion

in th

e p

roje

ct a

reas

.

Com

pens

atio

n E

ntitl

emen

t

�

Co

st

of

Livi

ng

A

llow

ance

d

urin

g

the

tran

sitio

n p

erio

d o

f U

S$

40 o

r eq

uiv

alen

t to

fo

r 40

kg

of

rice

per

ho

use

hold

fo

r th

ree

mo

nth

s, w

hic

hev

er is

gre

ater

.

�

Cas

h p

aym

ent o

f $40

per

hou

seho

ld.

�

A U

S $

20 a

llow

ance

plu

s ad

ditio

nal

cas

h an

d

oth

er

assi

stan

ce

as

nee

ded

b

ased

o

n id

entif

ied

nee

ds

and

prio

ritie

s. H

ou

seh

old

s w

ith

mo

re

than

on

e ca

teg

ory

of

vu

lner

abili

ty,

for

exam

ple

hou

seh

old

s th

at

are

very

p

oo

r an

d

hea

ded

by

a

wo

man

w

ou

ld b

e en

title

d to

$40

etc

.

�

Fu

ll re

pla

cem

ent

valu

e fo

r ty

pe,

siz

e, a

ge,

an

d p

rodu

ctiv

e va

lue

of

tree

s or

cro

ps

or

rep

lace

men

t o

f tr

ees

by

pla

ntin

g a

t co

st.

�

Ow

ner

s se

vere

ly a

ffect

ed b

y th

e lo

ss o

f 2

0%

or

mo

re o

f ho

use

hold

in

com

e d

ue t

o l

oss

of

tree

s sh

all

be

entit

led

to

in

com

e re

sto

ratio

n as

sist

ance

th

rou

gh

a re

volv

ing

m

icro

-en

terp

rise

loan

fu

nd

and

as

sist

ance

to

in

crea

se p

rodu

ctiv

ity o

n r

emai

nin

g l

and

or

to le

arn

a n

ew li

velih

ood.

Type

of E

ligib

le P

erso

n

�

All

relo

catin

g

hou

seho

lds

and

fa

rmer

s lo

sin

g 20

%

or

mo

re

of

thei

r to

tal p

rodu

ctiv

e la

ndh

old

ing.

�

Rel

oca

ting

hou

seho

lds

and

b

usi

nes

ses.

�

AP

s b

elon

gin

g to

vu

lner

able

g

rou

ps,

incl

udin

g h

ouse

ho

lds

who

ar

e ve

ry p

oor

(ear

nin

g l

ess

than

$

14

per

m

on

th),

h

ead

ed

by

the

ag

ed,

wo

men

, d

isab

led

, or

o

ther

wis

e vu

lner

able

gro

up,

such

as

eth

nic

min

orit

ies

�

An

Ow

ner

of

tree

s an

d st

andi

ng

cro

ps.

Type

of I

mpa

ct

2.4

Cos

t of L

ivin

g A

llow

ance

dur

ing

the

tran

sitio

n pe

riod

2.5

Rel

ocat

ion

cost

s of

tran

spor

ting

new

an

d sa

lvag

ed

mat

eria

ls a

nd

pers

onal

pos

sess

ions

.

2.6

Spe

cial

ass

ista

nce

for

soci

al o

r ec

onom

ical

ly

vuln

erab

le

hous

ehol

ds

2.7

Rem

oval

of t

rees

an

d st

andi

ng

crop

s fr

om

RO

W

(req

uirin

g to

be

rem

oved

fo

r sa

fety

re

ason

s)



Not

es o

n Im

plem

enta

tion

3. B

usin

ess

Impa

cts

�

As

abo

ve

for

rem

ova

l o

f h

ouse

s,

stru

ctu

res,

str

uct

ure

s an

d in

fras

truc

ture

.

�

Pay

men

t sh

all

be

mad

e b

efo

re

con

stru

ctio

n b

egin

s.

�

Pay

men

t sh

all

be

mad

e b

efo

re r

elo

catio

n b

egin

s.

Com

pens

atio

n E

ntitl

emen

t

�

As

abo

ve

for

rep

lace

men

t o

f ho

use

s,

stru

ctu

res,

and

infr

astr

uct

ure

.

�

Allo

wan

ce

pai

d

in

cash

an

d/o

r in

-kin

d eq

uiv

alen

t to

$4

0 p

er A

Ps.

�

Pay

men

t o

f al

low

ance

eq

uiv

alen

t to

lo

st

sala

ry/w

age

inco

me

du

ring

th

e tr

ansi

tion

p

erio

d o

f U

S$4

0

or

the

equ

ival

ent

to

of

40

kg o

f ric

e p

er e

mp

loye

es o

f th

e bu

sin

ess

for

thre

e m

ont

hs,

fo

r bu

sin

esse

s th

at w

ill b

e re

qu

ired

to

clo

se d

ow

n d

urin

g t

he

relo

catio

n p

erio

d.

Type

of E

ligib

le P

erso

n

�

Ow

ner

of

busi

nes

s

�

Ow

ner

o

f bu

sin

ess

unab

le

to

carr

y o

ut

norm

al

activ

ities

d

urin

g th

e tr

ansi

tion

per

iod.

�

Ow

ner

o

f a

hou

se

that

h

abita

tion

is

inte

rrup

ted

du

ring

th

e tr

ansi

tion

per

iod

. �

Em

plo

yees

o

f b

usi

nes

ses

that

ar

e in

terr

up

ted

.

Type

of I

mpa

ct

3.1

Rem

oval

and

rel

ocat

ion

of b

usin

ess

prem

ises

from

the

RO

W.

3.2

Dis

rupt

ion

Allo

wan

ce

3.4

Lost

sal

arie

s an

d w

ages

fo

r bu

sine

sses

that

are

in

terr

upte

d du

ring

the

rees

tabl

ishm

ent

perio

d.



Not

es o

n Im

plem

enta

tion

4. T

empo

rary

Con

stru

ctio

n Im

pact

s

�

Eve

ry

effo

rt

will

be

mad

e to

sc

hed

ule

co

nst

ruct

ion

outs

ide

of

the

gro

win

g

seas

on

(in

clu

ding

fie

ld

pre

para

tion

, p

lan

ting

har

vest

ing

, an

d o

ther

ag

ricu

ltura

l act

iviti

es).

�

Co

nst

ruct

ion

will

be

carr

ied

ou

t so

as

to

min

imiz

e d

amag

e.

Th

is

incl

ud

es

pre

par

atio

n

of

a co

nst

ruct

ion

E

nvi

ron

men

tal

Man

agem

ent

Pla

n (E

MP

)

that

in

clu

des

soci

al

asp

ects

, in

corp

ora

ting

en

viro

nm

enta

l an

d

soci

al

req

uire

men

ts i

n t

he

con

trac

t, m

onito

ring

to

ensu

re

com

plia

nce

, an

d

finan

cial

p

enal

ties

on

the

ED

C o

r co

ntr

acto

r fo

r n

on-

com

plia

nce

. C

on

sid

erat

ion

will

als

o

be

giv

en t

o m

inim

izin

g t

he

use

of

hea

vy

mac

hin

ery

(th

is

is

also

lik

ely

to

hav

e b

enef

its

in

term

s o

f em

plo

ymen

t g

ener

atio

n).

�

Co

nst

ruct

ion

will

be

requ

ired

by c

on

trac

t to

sta

y w

ithin

RO

W.

�

Co

ntr

acto

r w

ill b

e re

spon

sib

le f

or

thes

e

cost

s w

her

e lia

bili

ty

rest

s w

ith

the

sup

ervi

sin

g e

ng

inee

r.

Com

pens

atio

n E

ntitl

emen

t

�

Co

mp

ensa

tion

fo

r lo

st p

rodu

ctio

n i

n c

ash

at

mar

ket

pric

e (v

alu

e o

f lo

st

pro

du

ctio

n w

ithin

RO

W)

for

the

per

iod

of

con

stru

ctio

n.

Th

is

will

b

e a

min

imu

m

of

one

har

vest

w

her

e d

amag

e o

ccu

rs

du

ring

gro

win

g se

aso

n.

�

Cas

h p

aym

ent o

f $40

.

�

Rep

air

of

dam

age,

or

co

st

of

rep

air

at

rep

lace

men

t co

st in

cas

h.

Type

of E

ligib

le P

erso

n

�

Ow

ner

of

crop

s

�

Per

son

usi

ng t

he

field

�

Ow

ner

s o

f th

e as

sets

or

infr

astr

uct

ure

dam

aged

.

Type

of I

mpa

ct

4.1

Dam

age

to c

rops

dur

ing

cons

truc

tion

(tem

pora

ry im

pact

).

4.3

D

amag

e to

fie

lds

and

asso

ciat

ed

infr

astr

uctu

re

incl

udin

g bu

nd

wal

ls,

drai

ns, a

nd c

anne

ls.

4.4

D

amag

e to

an

y ot

her

asse

ts o

r in

fras

truc

ture

du

ring

cons

truc

tion

(incl

udin

g co

mm

unal

ly

owne

d re

sour

ces

such

as

roa

ds,

drai

nage

, and

irr

igat

ion

faci

litie

s)



Not

es o

n Im

plem

enta

tion

5. O

ngoi

ng Im

pact

s D

ue t

o M

aint

enan

ce A

ctiv

itie

s

�

Eve

ry

effo

rt

will

b

e m

ade

to

sch

edu

le

con

stru

ctio

n ou

tsid

e o

f g

row

ing

se

aso

n

(incl

udin

g

field

p

rep

arat

ion,

pla

ntin

g h

arve

stin

g, a

nd

o

ther

ag

ricu

ltura

l act

iviti

es).

�

Co

nst

ruct

ion

will

be

carr

ied

ou

t so

as

to

m

inim

ize

dam

age.

T

his

w

ill

incl

ude

pre

par

atio

n o

f a

con

stru

ctio

n E

nvi

ron

men

tal

Man

agem

ent

Pla

n

(EM

P)

wh

ich

incl

ud

es s

ocia

l as

pec

ts,

inco

rpo

ratin

g e

nvi

ron

men

tal

and

so

cial

re

quire

men

ts

in

the

con

trac

t,

mo

nito

ring

to

en

sure

co

mp

lian

ce,

and

fin

anci

al p

enal

ties

on

the

ED

C o

r co

ntr

acto

r fo

r no

n-

com

plia

nce

. C

onsi

der

atio

n w

ill a

lso

b

e g

iven

to

min

imiz

ing

th

e u

se o

f h

eavy

mac

hin

ery

(thi

s is

als

o l

ikel

y to

h

ave

ben

efits

in

te

rms

of

emp

loym

ent g

ener

atio

n).

�

Mai

nte

nan

ce

activ

ities

w

ill

be

req

uire

d by

con

trac

t to

sta

y w

ithin

th

e R

OW

. �

ED

C

or

con

trac

tor

will

b

e re

spo

nsi

ble

fo

r th

ese

cost

s,

whe

re

liab

ility

re

sts

with

th

e su

per

visi

ng

eng

inee

rs.

Com

pens

atio

n E

ntitl

emen

t

�

Co

mp

ensa

tion

fo

r lo

st

pro

duct

ion

(v

alu

e o

f lo

st

pro

du

ctio

n w

ithin

R

OW

fo

r th

e p

erio

d o

f co

nst

ruct

ion

).

�

Cas

h p

aym

ent o

f $40

.

�

Rep

air

of d

amag

e, o

r co

st o

f rep

air.

Type

of E

ligib

le P

erso

n

�

Ow

ner

o

f cr

op

s d

istu

rbed

o

r d

amag

ed.

�

Per

son

usi

ng t

he

field

.

�

Ow

ner

s o

f th

e as

sets

o

r in

fras

tru

ctu

re d

amag

ed.

Type

of I

mpa

ct

5.1

D

amag

e to

cr

ops

durin

g m

aint

enan

ce a

ctiv

ities

.

5.3

D

amag

e to

fie

lds

and

asso

ciat

ed

infr

astr

uctu

re

incl

udin

g bu

nd

wal

ls,

drai

ns, a

nd c

anne

ls.

5.4

Dam

age

to a

ny o

ther

ass

ets

or

infr

astr

uctu

re

durin

g co

nstr

uctio

n (in

clud

ing

com

mun

ally

ow

ned

reso

urce

s su

ch

as

road

s,

drai

nage

, an

d irr

igat

ion

faci

litie

s)



VI. RESETTLEMENT BUDGET AND FINANCING 6.1. BASIS OF COMPENSATION COST ESTIMATE

The compensation rates for the various categories in which reimbursement will be provided have been based on the Replacement Cost conducted by the independent agent, SBK Research and Development, along National Road No. 7 from Kratie-Stung Treng to the Laos-Cambodia Border. The results of the replacement cost study are shown in Appendix H. 6.1.1. Temporary Construction Impact In the cases where there is crop damage during construction and/or interference with field preparation and planting compensation will also be provided. The rate used for compensation for rice crop damage depends on a number of factors, especially the yield of rice (tonnes per hectare) and the market price for the rice.

a. Rice yields vary with soil type, farming practices (such as irrigation, fertilizer, and field preparation), and quality of seed. A rice yield of 2.5t/ha of paddy rice with one crop per year has been adopted for the compensation estimate for the growing of wet season lowland rice which is the main type of rice grown in the project area. There is some dry season recession rice growing practiced in the far southern part of the project area for which a higher yield of 5t/ha has been adopted.

b. A crop value of US$ 200/t has been used in the cost estimate for rice. A range of prices have been reported which may be due to variability between different times and seasons of year.

c. Construction activity will damage crops and interfere with field preparation and related farm work depending on the timing of construction with respect to the timing of farm work. It is possible that construction could be timed appropriately to avoid damage. However, this would be difficult to manage and may increase the cost of construction. In addition the cost and complexity of monitoring would significantly increase.

1. It is inevitable that the contractor will damage fields, bund walls, etc. during

construction. However, the contract will require that the contractor make good on any damage incurred during construction.

2. The contractor will carry out repairs to other infrastructure. This will be built into the contract requirements. Examples of this are local public roads that are damaged as a result of the transport of heavy equipment such as transformers into the substation.

The estimate has been based on conservative assumptions that construction of every tower will impact the growing season for one year and that the contractor will create a 4m wide access road the full length of the 230kV line and occupy this area for one growing season. Realistically, the contractor will carry out the majority of the tasks that will impinge on farm land in the fallow season so as to minimize the compensation that will be required.



d. Compensation for on-going impacts during maintenance activity has not been included in the costing as this is outside the scope of the project implementation. Cost of ongoing maintenance would be expected to be small, consisting of possible damage to crops and ground while accessing the line. This should be built into the maintenance contract by requiring the contractor to make good on any damage caused.

6.2. TOTAL ESTIMATED COST OF RP IMPLEMENTATION

Total estimated cost of implementation of the RP is $252,576.82 including all entitlements, implementation, contingencies, and excluding Incremental Administrative Costs of implementation as set out below. This cost excludes the forest trees, which are to be determined with the Ministry of Agriculture and Forestry Administration. 6.2.1 Incremental Administrative Costs The incremental costs of administration related to the preparation and implementation of the RP including External Monitoring are estimated of 20% of the total resettlement cost or $37,143.65.

6.2.2 Compensation Cost Estimated

Based on the replacement cost, the total costs of compensation for the Project are estimated at $289,720.47 with a 20% contingency.



Table 6.1: Compensation Cost Estimated

Category Item

Market Rate Estimates

Market Rate Estimates No. of Cost

Estimates

2006 2010 Units 2010 (US$) (US$)

I Structure Houses (lump sum: land use, loss of income, rebuilding) 13.90$-38.

70$/m2 3,000.00

15 45,000.00

Sub-Total I 45,000.00

II Land

A. Transmission Tower 230kV line

- Area of land for Towers

- Agricultural Land $ 0.75/m2 $ 1.13/m2 29,025 32,798.25

- Residential Land $3/m2 $4.5/m2 6,000 27,000.00

B. Land for substation

- Agriculture Land $ 0.75/m2 $ 1.13/m2 40,000 45,200.00

- Residential Land $3/m2 $4.5/m2 0 0

- Area of land for access road to Substation

- Agriculture Land $ 0.75/m2 $ 1.13/m2 5000 5,650.00

- Residential Land $3/m2 $4.5/m2 5000 22,500.00

Sub-Total II 133,148.25

III Fruit Trees

Laos Border-Stung Treng

Sdao $5.00 $25.00 3 75.00

Bamboo $0.25/tree $15.00/bunch 10 150.00

Mango $30.00 $40.00 100 4,000.00

Coconut $25.00 $30.00 10 300.00

Putrea $5.00 $5.00 5 25.00

Banana $0.70/tree $5.00/bunch 50 250.00

Tamarine Tree $10.00 $20.00 5 100.00

Jack Tree $5.00 $30.00 10 300.00

Forest Tree $5.00 TBD* TBD* TBD

Sub-Total III 5,200.00

IV Allowance

Disruption Allowance $40.00 $40.00 15 600.00

Allowance for Vulnerable groups (10% of total APs) $20.00 $150.00 3 450.00

Transportation Allowance $40.00 $40.00 15 600.00

Loss of business income $40.00 $40.00 15 600.00

Severely affected APs (10%) $40.00 $40.00 3 120.00

V Sub-Total for Allowances 2,370.00

Sub-Total (I+II+III+IV+V) 185,718.25

VI Incremental Administrative Cost (20%) 37,143.65

Sub-Total (I+II+III+IV+V+VI) 222,861.90

Contingency (30%) 66,858.57

Total as per 2010 Rate 289,720.47

*The estimate cost for forest trees and its costs will be determined a working group led Forestry Administration.



VII. CONSULTATION

7.1. Objective of the Consultation Information dissemination by means of consultations and the participation of affected villagers offer great advantage in assisting the agencies and stakeholders involved to reduce the potential conflicts, minimize the risk of Project delays, and enable the Project to design resettlement and rehabilitation as a comprehensive development program to suit the needs and priorities of the affected villagers. The result maximizes the economic and social benefits of the investment. Specific objectives of the public information campaign and public consultation are as follows:

� To establish a clear, easily accessible, and effective complaints and grievances procedure.

� To fully share information with the affected villagers about the proposed Project, its components, and its activities.

� To obtain information about the needs and priorities of the affected villagers, as well as information about their reactions to proposed policies and activities.

� To provide information about the various options for relocation and rehabilitation measures available to the affected villagers.

� To obtain the cooperation and participation of the affected villagers and communities in activities required to be undertaken for resettlement planning and implementation.

� To ensure transparency in all activities related to land acquisition, resettlement, and rehabilitation.

� To assist affected villagers that need to relocate to replacement houses. 7.2. Methodology Continued from the site survey in February 2006 and during the site survey in September 2010, the study team conducted interviews and consultations with villagers, head of villages, and heads of communes in Ou Svay, Samaki, Sdau, Kamphun communes from the Laotian Border to Stung Treng in reference to the Transmission Line Project. The study team directly visited houses of heads of villages, heads of communes, and consulted the affected villagers at their home. During consultations, general information about the villages, specific information of affected lands, and villagers’ attitudes and comments towards the project’s potential impacts were collected. 7.3. Date of Consultation

- Stung Treng February 05, 2006 to February 11, 2006 - Stung Treng September 26, 2010 to September 29, 2010



7.4. Participation In the context of resettlement, public participation includes both information exchange (dissemination and consultation), and collaborative forms of decision-making (participation). Dissemination refers to transfer of information from Project authorities to the affected population. Consultation, on the other hand generally refers to joint discussions between 40 members of the Project authorities and the affected population serving as a conduit for the transfer of information and the sharing of ideas. Public participation is an ongoing process throughout resettlement planning and implementation, not a single one time event. The level of information and the issues covered is by way of these dissemination activities and information exchange in which consultation takes place vary with the progress in the Project process and resettlement activities. Table 7.1: List of Consultation Information No District Date Village Name Head of

Commune Head of village

Affected Villager

2 Stung Treng Se San District

27 Sept. 2010

Koh Khorn Den (Sangkat Samaki)

Ms. Vorn Bunly

Including Affected Villagers

3 27 Sept. 2010

Sdau Mr. Nuoy Bunthuy


4 28 Sept. 2010

Kamphun Mr. Seung Korng


5 Stung Treng

Province

February 08, 2006

Koh Khorn Den Mr. Hao Phorn

Mr. Heng Thorn


Figure 7.1: Consultation with Head of Commune



VIII. INSTITUTIONAL ARRANGEMENT

Nine key parties will be responsible for the implementation of the RAP. These are: � EdC - including Project Management Offices (PMO) and Social, Environment

and Public Relation Office (SEPRO) � Design and Construct Contractor (DCC) � Project Implementation Consultant (PIC) � Independent Monitoring Organization (IMO) � RP / Environmental Coordinator (RPEC Consultant) � Local Authority Sub-Committees (LASC) � Commune Councils (CC) and � Grievance Redress Committee (GRC)

8.1. EdC The EdC will be directly responsible for the implementation of the project, managing, and supervising the project, including the RP requirements and taking the necessary actions involving environmental issues. This State-owned enterprise is jointly owned by the Ministry of Industry, Mines, and Energy (MIME) and the Ministry of Economy and Finance(MEF), hence it is under their overall supervision and joint control. MIME will have overall responsibility for implementation of the Project. Project Management Offices The Project Management Office (PMO) within EdC will have overall responsibility for the preparation, design, and construction of the project The PMO will be staffed on a full time basis and will be dissolved after the project is handed over to the EdC. Figure 8-1 shows the organizational structures of the PMO within EdC. The official supervision of the contractors will be the responsibility of the Resident Engineers representing the PIC.

Project Implementation Consultant (PIC) experts, including Resident Engineers and other technical, resettlement, and environment staff will support the Project Manager. An RP and Environment Coordinator (RPEC Consultant) will be appointed to coordinate the activities required under the RP. The RPEC will report directly to the Project Manager of the PIC. As the RPEC Consultant is a part-time function, a Local Counterpart RPEC will be appointed by EDC as a full time member of the team.

Social, Environment and Public Relation Offices Social, Environment and Public Relation Office (SEPRO) within EdC will have overall responsibility for collection and analysis of the data. SEPRO will be updating of data, managing, and implementing of the RP. Additionally they will report on environmental issues that will need to be resolved to EdC.



8.3. Design and Construction Contractor The Design and Construction Contractors (DCC) will prepare the final project design, construct all proposed structures, and will be responsible for ensuring that the RP and EMP are adhered to. The DCC survey and design teams will be responsible for preparing a final design that minimizes adverse impacts that is consistent with the technical and economic objectives of the project. The DCC will initially hire the RPEC and the IMO in the design phase to ensure that EMP activities and studies required in this phase are undertaken correctly and that there is a smooth transition into project implementation. The DCC Project Manger will supervise the RPEC and provide technical assistance and logistical support to the IMO as required. 8.4. Project Implementation Consultant A Project Implementation Consultant (PIC) will be appointed by EdC on approval of the project and assume overall responsibility for the project. The Project Implementation Consultant will be responsible for ensuring that the RP and environmental requirements are fully implemented including ensuring the resolution of any issues that may arise between this and other aspects of the project. The PIC will appoint and supervise the RPEC. It will also provide technical assistance and logistical support to the IMO as needed to do its work. 8.5. Independent Monitoring Organization The Independent Monitoring Organization (IMO) will be appointed to monitor and verify that the resettlement and compensation process has been implemented in accordance with the measures specified by the RP, and to verify that compensation, resettlement, and rehabilitation takes place in the planned and appropriate manner. The IMO will also be involved in the complaint and grievance procedures to ensure concerns raised by APs are addressed. The IMO will be under the budget of the Supervising Engineer Project Manager (DCC and PIC) who will hire the IMO and to whom the IMO will directly report to through the RPEC. 8.6. Resettlement Plan Environmental Coordinator (the RPEC Consultant) An RPEC Consultant (RPEC) will be appointed to coordinate the activities required under the RP and implementation of environmental requirements. The RP Consultant shall report to the Project Manager (PIC or Project Engineer).

As most of the implementation of social and environmental issues will revolve around the resettlement issues and operation of the various Resettlement Sub-Committees and the GRC, the RPEC will need to be a specialist in involuntary resettlement and will provide ‘hands on’ capacity building training to EdC in implementing the RP and to the independent NGO involved in monitoring and evaluation activities. The RPEC shall among other activities:

� Update, implement, and monitor the RP. � Establish and implement a resettlement data management system including

procedures for the accurate recording of all land and properties of the APs and other data collected in the detailed measurement survey (DMS) such as



entitlements and census data. � Liaise and coordinate with local authorities to ensure that APs are informed of

their entitlements, and implement information campaigns and stakeholder participation.

� Establish and implement procedures to minimize adverse social impacts from land acquisition and loss of other assets throughout the planning, design, and implementation phases.

� Establish and implement procedures for undertaking and completing census and detailed measurement survey (DMS).

� Contract an independent asset appraiser to determine compensation unit rates at replacement cost for all categories of losses.

� Prepare budgets for RP activities. � Organize and carry out specific studies, such as a “Trees Costs and Production

Losses Assessment”. � Establish and implement procedures for the coordination of compensation,

relocation of houses, and rehabilitation activities of the various RP components. � Design and implement any detailed income restoration or agricultural

assistance programs for APs severely affected by loss of income (i.e. loss of 10% or more of household income from tree crops).

� Arrange suitable assistance programs and supervise the implementation of such rehabilitation measures.

� Establish and implement procedures for tracking compliance to project policies. � Establish and implement suitable procedures for the prompt implementation of

corrective actions and the resolution of grievances from APs in coordination with concerned local Resettlement sub-Committees and government agencies.

� Coordinate local resettlement authorities and the GRC to assure that grievances about resettlement activities are satisfactorily redressed and that related correspondence reported.

� Establish and implement liaison mechanisms to ensure proper technical and logistical support to PMOs, Project Manager, teams, and local resettlement sub-committees occur.

� Establish and implement procedures for ongoing internal monitoring of RP. � Supervise the external Independent Monitoring Organization (IMO) activities

and ensure that the Terms of Reference are properly and effectively achieved.

Successful implementation of the RP will require close coordination between the PMO and the Provincial, District, Commune Resettlement Sub-Committees, and authorities. These considered as a single unit may be deemed to be an RP Working Group. The RPEC will have the responsibility for facilitating the coordination between these various groups and authorities.

8.7. Local Authority Sub-Committees Local Authority Sub-Committees will be established in each project province to assist the PMO resettlement team. Each Sub-Committee will be headed by the Provincial Governor with members comprising District Governors, Chief of Communes, and village heads along



the ROW. The Sub-Committees will carry out a public information campaign, public participation, and consultation; finalize compensation and entitlement forms for each AP; pay compensation and allowances; plan and implement all resettlement and rehabilitation activities at the district and commune level; establish the GRC at the commune level; address all grievances in the communes; and maintain records of all public meetings, grievances, and actions taken to address them. 8.8. Commune Councils Commune Councils in each affected Commune will be utilized to assist with EMP implementation by organizing public meetings and consultation, guiding the EMP team during the Detailed Measurement Survey (DMS) revalidating inventory, facilitating conflict resolution, and witnessing the agreement of the villager in constructing the project. 8.9. Grievance Redress Committee A Grievance Redress Committee (GRC) will be established for the consideration of complaints and grievances from the APs. A procedure shall be set up which protects and the rights of the APs, and its implementation will be monitored by the IMO. The GRC will have as members, representatives of the following:

� PMO / EdC � IMO � Commune or local leaders for each villages and local areas � A nominated NGO representative as an advocate of APs.

The community consultation program will provide APs with the contact details for submission of complaints and grievances. This shall include a phone contact and address for written submissions. However, as this is not a practical means of communication for many people in remote areas it will also be necessary to establish an appropriate alternative avenue for people who are illiterate or for whom these means are not appropriate such as the use of an approved NGO as their advocate. People shall also have the option of contacting the IMO directly should they wish to register their grievance with a local authority or their local Member of Parliament.



Figure 8.1: Overall Operation Interaction

FIGURE 8.2: OVERALL PROJECT MANAGEMENT ORGANIZATION



IX. IMPLEMENTATION SCHEDULE The implementation of the resettlement, compensation actions, and environmental requirements shall be part of the overall implementation of the project. The process for implementation of resettlement and compensation activities shall include the following steps:

� Formation of IRC for the project. � Appointment of staff, consultants, and contractors. � Develop a training plan for capacity development in the implementing agency and the

IMO and other relevant organizations. � Appointment of IMO. � Formation of a Grievance Committee for the project. This would include representation

from the IMPO and affected communities. � Confirmation of project effects based on the detailed engineering survey, and a detailed

construction plan to be carried out. In this phase the transmission line alignment and design will be reviewed to further reduce impacts, particularly in regard to the potential need to remove houses.

o Preparation of Construction of EMP by the Design and Construction Contractor detailing how the Contractor will achieve the requirements of the RP and environmental requirements. This shall address the specific project design and construction details of the project.

o The Construction EMP shall be forwarded to the Bank prior to its implementation.

� Carry out a final survey and prepare a revised inventory of PAPs based on the detailed engineering survey, design, and construction plan.

� Declaration of Cut-off-Date for inventory if PAPs. After this time no further people will be accepted onto the list of PAPs unless they can demonstrate that they were inadvertently missed in the surveys and are genuine.

� Carry out further community consultation in conjunction with the preparation of the revised inventory of PAPs.

� Revise and finalize the RP. � Formal process for acquisition of ROW and land. This will be based partly on

experience in the construction of the 230 kV transmission line around Phnom Penh as there is currently no general procedure for land acquisition for public project in Cambodia. This should be reviewed prior to implementation if there has been any national procedure issued in the meantime.

o Carry out liaison activities with PAPs including informing them in person and in writing about the project, its effects, compensation, entitlements, monitoring, and grievance procedures. This could be done in conjunction with the final survey and preparation of revised inventory of PAPs described above.

o Carry out negotiations and agreement of compensation entitlements with PAPs. These activities will include the involvement of the IMO. Due to the high rate of illiteracy in rural Cambodia it is imperative that PAPs understand the process.

o For the majority of people in the transmission line route the effects are limited



to tree removal and temporary construction impacts on cropland. Here it is necessary to acquire land or remove structures. It is only necessary to establish a ROW for the purpose of constructing and maintaining the line and preventing trees and structures from being built under the line. The steps are as follows:

� Notify PAPs of the project effects, compensation, and other entitlements, as well as monitoring and grievance procedures, as described above.

� Due to the large number of people and the minor nature of the effects for this category, negotiations about compensation rates would be limited as they would be set in consultation with the IMO to ensure the pre-project living standards are maintained.

� PAPs may appeal against the offer of compensation within 30 days. If there is an appeal a negotiation shall be carried out with IMO as an observer. If a compensation value cannot be agreed upon by negotiation then an independent mediator shall be appointed to make a determination. The selection of the independent mediator is to be acceptable to the IMO.

o Voluntary Acquisition Process: � Issue a formal Notice of Intention (NoI) to acquire land or remove and

replace houses or other property. This will be delivered to PAPs as part of the consultation activities described above, and include communication in person and in writing.

� Allow 30 days for affected people to seek further information about the project, land acquisition, and their entitlements. Land can be acquired by voluntary agreement in this time based upon a minimum of replacement cost at the current market value.

� Allow a further 30 days in which PAPs may object to the proposal. Land can be acquired by voluntary agreement in this time.

� Allow a further 30 days for land to be acquired by voluntary agreement. After this time compulsory acquisition procedures will be instituted.

� During the above voluntary acquisition process negotiations will be carried out which will include the IMO as observer.

� When land is acquired by voluntary agreement then the compensation package is to be delivered within 14 days.

o Compulsory Acquisition Process: � This process can commence from 90 days after NoI to acquire land or

relocate houses or other property. � Issue a formal Notice of Acquisition (NoA) that land is to be

compulsorily acquired or houses or other property relocated. This will be included in the Offer of Compensation (OoC) which will be determined in consultation with the IMO to ensure that the compensation package is sufficient to enable the PAPs to regain their pre-project standards in accordance with World Bank requirements. This will be communicated to PAPs in person and writing.

� PAPs may appeal against the offer of compensation within 30 days. If there is an appeal, then negotiations shall be carried out with the IMO



as an observer. If the compensation value cannot be agreed upon by negotiation then an independent mediator shall be appointed to make a determination. The selection of the independent mediator shall be acceptable to the IMO.

� Acquisition of replacement land to compensate for land acquired for substations and for

houses to be moved from the ROW. � Provision of monetary compensation where applicable: for small areas of land (less

than 20% of land holding), crop losses, and other allowances. This shall be monitored by the IMO.

� Construction of replacement houses and associated infrastructure. Two months notice shall be given to people prior to commencement and three months allowed for construction.

� Relocation of people to replacement houses. Two months will be allowed for this. � Follow up monitoring by the IMO to ensure that objectives are met. � The schedule for implementation of resettlement, compensation activities, and

environmental requirements is tied to the implementation schedule for the Project as a whole.



X. MONITORING AND EVALUATION Implementation of the RAP will be regularly supervised and monitored by the EDC through its SEPRO. Overall supervision and internal monitoring of RP implementation will initially be carried out by the Design and Construction Contractor and then with the Project Implementation Consultant. Daily supervision is the responsibility of the RP/Environmental Coordinator (RPEC) who will report to both and will work day to day in close conjunction with the ‘Resettlement Working Group’ from SEPRO, local authorities. For external monitoring an Independent Monitoring Organization (IMO) will be contracted. The contracted IMO will establish contact with the local authority sub-committees in each District for external monitoring of RAP implementation. Key stakeholders, represented by APs and vulnerable groups as members of the contracted IMO will be involved in the process. Both internal and external monitoring will be important for providing feedback of monitoring findings to management in order to take the appropriate actions. 10.1. INTERNAL MONITORING The objective of the internal monitoring and supervision is to (i) verify that the valuation of assets lost or damaged, the provision of compensation, resettlement, and other rehabilitation entitlements have been carried out in accordance with the provisions of the resettlement policies of the World Bank and the RP, (ii) oversee that the RAP is implemented as designed and approved, and (iii) verify that funds for implementation of the RAP are provided by the Provided by the Project authorities in a timely manner and in amounts sufficient for their purposes, and that such funds are used in accordance with the provisions of he RAP. The RPEC will, liaise with his/her domestic counterpart. 10.2. MONITORING INDICATORS The main indicators that will be monitored regularly are:

� That PAP’s entitlements are in accordance with the approved policy and that the assessment of compensation is carried out in accordance with agreed procedures.

� Payment of compensation to the PAPs in the various categories is according to the level of compensation described in the RAP.

� Public information, public consultation, and grievance procedures are followed as described in the RAP

� Relocation and payment of subsistence and shifting allowances are made in timely manner

� Restoration of public facilities and infrastructure affected by the Project � To create jobs and employment where possible for those people who need job

provision and for those who have found job). � Linkage of satisfactory completion of compensation, resettlement, clearance of all

encumbrances, and commencement of civil works. All monitoring data shall be disaggregated by gender.



10.3. STAFF FOR CONDUCTING INTERNAL MONITORING The SEPRO staff will be responsible for internal monitoring activities. They will collect information from the respective commune regularly. Based on this data collection they will maintain a database of resettlement monitoring information in the PIU which will be successively updated every month under the close supervision and technical assistance of the RPEC under the Project Implementation Consultant, the Resettlement Consultant, and GIS and Database Consultant. 10.4. EXTERNAL MONITORING AND EVALUATION An Independent Monitoring Organization (IMO) shall be appointed to monitor the resettlement and compensation process and implementation of environmental requirements to verify that compensation, resettlement, and rehabilitation have been implemented in accordance with the agreed RAP. The IMO will also be involved in the complaints and grievance procedures to ensure concerns raised by PAPs are addressed. It is important that the IMO chosen for this has a good relationship with the government. At the same time it needs to be able to maintain a strong independent position and provide constructive feedback to the project in order to ensure that objectives are met. The IMO must also have good local knowledge of people in the project area and have, or be able to provide representation at the local level. Provision shall be made in the project for further capacity building for the IMO, and strengthening ties between the government and NGO sectors. The IMO will be under the budget of the RP who will hire the IMO and to whom the IMO will directly report through the EDC and World Bank. 10.5. POST IMPLEMENTATION EVALUATION STUDY Six months or one year after the end of resettlement activities the IMO shall conduct an evaluation study of severely affected PAPs (house relocation and substation land) and the vulnerable groups among the affected population to determine whether or not the objectives of the RP in terms of restoration of incomes and living standards have been achieved. The methodology for the evaluation study will be based on the follow up socio-economic survey to determine the impact of the Project on PAP income levels and living standards of those severely affected by the Project. This survey will be conducted following the same methodology as adopted for the inventory preparation. The survey data thus collected will be compared with the baseline survey information that has been collected during the preparation of the RAP. All data for the evaluation study will be disaggregated by gender. The evaluation will look at whether the displaced and vulnerable household living standards are getting better or worse as a result of the Project. Then the IMO will propose appropriate additional assistance that may be necessary to achieve the stated objectives. The IRC will have focal persons in each district to be accessible to PAPs for hearing and assisting with grievances and participating on GRCs.



10.6. MONITORING AND EVALUATION REPORTS 10.6.1. Monitoring Reports The outputs of the RP monitoring will include:

• A brief methodological Inception Report submitted to the EDC, PMO, SEPRO and a copy to the World Bank within one month of beginning the assignment and,

• Final Monitoring Reports submitted to the EDC, PMO, SEPRO with copies to the World Bank within 2 weeks of the monitoring period.

10.6.2. Evaluation Report The output of the evaluation study will be in the form of a brief report. The draft report will be submitted to the EDC, Project Implementation Consultant, PMO and to SEPRO with copies to the World Bank for review within 3 months from the date of the evaluation initiation. The reports will be revised and finalized taking into consideration the comments and suggestions by the World Bank.

10.7. DISCLOSURE

The World Bank requires that the Executing Agency (EdC) disseminate information to the PAPs. The Public disclosure of RAP through distribution of Public Information Booklet (See in Appendix C) describing the most important sections of the RAP in Khmer will be required before Appraisal. Public disclosure of the draft RAP must be made to the PAPs in a form and language that they can understand and in an accessible place. This may be in the form of a resettlement information brochure of leaflet, or a summary resettlement plan. The final RAP, if changed, must be made available to the PAPs before the Staff Review Committee (SRC).



APPENDICES

A. Socioeconomic Survey Questionnaire for Substation Affected Persons

B. Replacement Cost Study (old)

C. Official Letters

D. Public Information Booklet



Annex A – Socioeconomic Survey Questionnaire

Interviewer: ID No. Survey Date

Nov. 2006

1.1 Name of respondent: ............... ............. 1.2 Age |.....|.....| Years 1.3 Sex: [1] Male [2] Female

1.4 Relation with household (1) Household head/ (2) Spouse / (3) Children/relatives

2.0 Household demography, income and occupational Profile

Sl.

Relation with HH head*

Sex 2*

Age Marital Status 3*

Educa-tion 4*

Primary Occupation 5*

Monthly income (US$)

Second-ary Occupation5*

Monthly Income (US$)

Workplace 6*

Physical Condition 7*

1

2

3

4

5

6

7

* Relation with to the HH head: [1] head [2] spouse [3] child [4] parents [5] other relatives

2* Sex: [M] male [F] female

3* Marital status: [1] single [2] married [3] divorced [4] separate

4* Education: [1] primary school [2] junior high school [3] high school [4] vocational training [5] university degree

5* Occupation: write down as said and then supervisor with code

6* Workplace: [1] at home [2] less than 1km [3] between 1 to 2km [4] between 2 to 4km [5] more than 4km

7* Physical condition: [1] normal [2] disabled [3] age/chronically illness [4] Widow

3.0 Affected land:

3.1 What type of use this land has?

[1] Residential,

[2] Commercial,

[3] Residential cum commercial,

[4] Agriculture, […] Other: ……………



3.2 What is your tenure status to this land? Tenure Status:

[1] Owner

[2] Occupier with permission

[3] Squatter

[4] Encroacher

[5] Renter

3.3 What is the total area in sqm of this land? ………………………. Sqm.

3.4 What is the affected area in sqm of this land? ………………….. Sqm.

3.5 How long have you been staying or utilizing this land? ………………….. Months

3.6 Apart from this land, are you using or occupying any other land anywhere for any purpose?

[1] Yes, [2] No, if no skip to question 3.12

For Household who also owns this land

3.7 Do you have valid document to prove ownership to this land? [1] Yes, [2] No

3.7.1 If yes, what kind of document do you have?

[1] Land title from National/Provincial Cadastral Dept;

[2] Land certificate from District Cadastral Office

[3] Land receipt from commune/village chief

3.8 When did you obtain the document? Month …………… Year ……………

3.9 How much did you pay to obtain such document? [1] Riels ………………….. [2] US$ …………….. [3] Ðóng/Kip ……………… [4] None/free of charge

3.10 How did you obtain the land?

[1] Purchased

[2] Inherited from parents

[3] allocated by the government

[4] Other: …………………

3.11 Do You pay the real estate tax for the land? [1] Yes, [2] No

3.11.1 If yes, how much? [1] Riels ………..[2] US$ ………[3] Ðóng/Kip ………..

3.11.1 Which agency do you pay to? specify ……………………….

3.12 Apart from this land do you have any land nearby or somewhere else? [1] Yes [2] No

if no skip to question 4.0

3.12.1 What type of use does the land has? [1] Use as a homestead [2] commercial plot

[3] Agri. Land, [4] Fallow land, [4] Other: ………………

3.12.2 What is the status of tenure to that land? [1] Owner, [2] Occupier with permission,

[3] Squatter, [4] Encroacher, [5] Renter

3.12.3 What is the total area of that land in sqm? ………………………. Sqm.

3.12.4 What is the distance of the land from here? ……………………… km



3.12.5 What is the status/category of land? ……………………?

3.12.6 Where is the location of the land? (Village, commune, district and province)

…………………………………………………………………………………………………………………….

3.12.7 How many years have you been owning or utilizing that land? ……………… years

4.0 Affected other structures (if no skip to 6.0)

Type of Structure Unit Amount/no. Who own Type of Structure Unit Amount/no. Who own

Dug well (d=6m) Set Pond (V=60 cum) Cum

Concrete well

(d=6m)

Set

Pumped well Set FENCE

Grave (earth) Set Timber post with

bamboo

Lm

Grave (concrete) Set Timber post with

wire

Lm

Chedey/stupa

(2x2m)

Set Concrete post with

wire

Lm

Forecourt or

patio/concrete

sqm Brick wall (h=1m) Lm

Culvert (0.8x1m) Lm Brick wall (h=2m) Lm

5.0 Affected perrenial/crops

Type of assets Unit Amount Who own

CROP Kg Yield per year per

100 sqm

TREES Small Medium Large Who own

6.0 Household’s Monthly Expenditure in Riel (breakdown by consumption items)

Food & drinks Cloths Health Education Travel & communi-cation

Water Electri-city

Festival/ entertainment

Others



7. Who is controlling over household income and expenditure? [1] Female [2] Male

8.0 Household’s Assets

Assets No. of working assets

No. of non-working assets

Bicycle

Motorbike

Sewing Machine

Cassette/CD player/DVD Player/Radio

Ox-cart

Hand tractor

Minibus

Car

Truck

Television

Telephone Services Provision

9.0 What is your household practicing sanitation? [1] No latrine [2] Open pit [3] Pit latrine [4] Water sealed latrine [5] Sanitary latrine

10.0 What is your household source of drinking water? [1] Pond [2] Dug well [3] Tube-well [4] Piped water supply

[5] Others

11.0 What is your source of electricity? [1] Candle [2] Oil/Kerosene lamp [3] Batery [4] Local generator

[5] Power grid line

12.0 Sources of information/news? [1] Radio broadcast [2] Television [3] Newspaper [4] Magazine

[5] Friend/relative/neighbor [6] Other …………………………..

13.0 Distance of social services from present house (m)

Health centre

Primary school

Secondary school

College Market centre

Places of worship



14.0 Health Conditions of Household

14.1 Member by age breakdown

14.2 Illness/sickness 14.3 Type of Illness/sickness

Female Male

a. Below 8 years old

b. 9-12 years old

c. 13-16 years old

d. 17-20 years old

e. 21-30 years old

f. 31-40 years old

g. 41-50 years old

h. Above 50 years old

Total

Use of Compensation and Choice of Assistance

15.0 If you receive compensation in cash what will you use the money for?

[1] Purchase land

[2] Invest in business

[3] Wedding out children

[4] Construction of new house

[5] Repair of houses

[6] Other ……………………….

16.0 Apart from the compensation payment to be received, what other types of assistance do you think your household need?

[1] Purchase of replacement land;

[2] Organizing business capital;

[3] Credit support

[4] Skill training;

[5] Others (please write): ........................................................................

17.0 Women empowerment (write number in the columns)

Areas of empowerment VS Category

Decision maker

No. of income earner

Source of earning

Property holder i.e. land, house

No. of elected representatives

NGO member



Men

Women

Children

18.0 GO/NGO assistance received in the last 5 years

Name of GO/NGO Type of assistance received Duration

Starting Ending

19.0 What are the common problems in your community?

List of Issues Severe

Y/N

Moderate

Y/N

Not severe

Y/N

List of Issues

Severe

Y/N

Moderate

Y/N

Not severe

Y/N

Drugs Sanitation

Theft/robbery Solid waste

Malnutrition Drainage

Common illness

Water

No security of tenure

20.0 Perception on Risks of Sexually Transmitted Diseases:

1 Do you know about STD/HIV/AIDS?

Y N 2 Anybody you know infected by STD/HIV/AIDS?

Y N

3 Is there any on-going awareness program on STD/HIV/AIDS in this area?

Y N 4 If yes, please name the organization

………………………………………………

5 Do you think the Project may bring about risk of STD/HIV/AIDS?

Y N 6 If yes, who will be most vulnerable to STD/HIV/AIDS?

M F

Contact phone number if any



Signature of the enumerator Verified by Supervisor

Date:……….Nov. 2006 Date: ………Nov. 2006



Appendix B: Official Letters



Appendix C: Public Information Booklet

1. QUESTION: What is the construction project of one transmission line from the Laotian border to Stung Treng?

ANSWER: The project is composed of one double-circuit transmission line. A 230 kV double circuit transmission line will extent 46.7km from the Laotian border to Kamphun, Se San district. It will guarantee reliable electricity supply to Stung Treng province. The project will require one substation at the size of 200 meters by 200 meters in an area in Kamphun, Se San District, 14 kilometers from Stung Treng town. The transmission lines from the Laotian border to this substation will require cleared Right of Way (ROW) of 40 meter wide. For safety reasons, houses and structures are not permitted within the ROW. However, grazing of livestock and the growing of rice and vegetables can continue on the ROW, but trees taller than 3 meters must be removed or pruned back. 2. QUESTION: WILL WE BE AFFECTED BY THE TRANSMISSION LINE? ANSWER: The design and construction of the transmission line will attempt to avoid or at least minimize the impacts on the communities along its right-of-way. Based on the initial census and inventory of potential losses of physical assets conducted in September 2010, there are a limited number of affected residential houses and agricultural land belonging to the people at the substation site and along the right-of-way. During detailed design, these potential effects may be avoided or minimized since the actual alignment will be determined at that time and through further consultation with you and the local communities. After the detailed design including land surveys, the area that will be affected by the Project will be marked on the ground and houses will be marked so that affected persons (APs) will know if they are affected and to what extent. This expected to occur sometime in 2010/2011. In case the effects on land, houses and structures cannot be avoided, APs will be properly compensated in cash or in kind for their land, houses, structures, crops and trees and even communal properties. This will allow the affected persons to restore their lost assets, resources or incomes. Rehabilitation assistance will also be provided to the few APs who will be required to relocate in another location within their village. The project will purchase the land at the substation sites and where towers will be built, but other land along the ROW remains with the present owner. 3. QUESTION: WHAT IF MY LAND IS AFFECTED BY THE TRANSMISSION

LINE? ANSWER: For affected land, compensation shall be in the form of replacement land as a priority, or cash at current market values. Compensation shall also be paid for any new access roads or any damage to trees or crops during construction affecting your land.



4. QUESTION: DO WE NEED TO HAVE A LAND TITLE IN ORDER TO BE

COMPENSATED? ANSWER: No. Lack of formal legal rights to land does not prevent any APs from receiving compensation and rehabilitation assistance. Those APs who have been provided with users rights or any form of written or verbal agreements with Provincial, District or Commune authorities to utilize the land are entitled to compensation and assistance. Squatters and tenants are also entitled to compensation and assistance. 5. QUESTION: DOES COMPENSATION APPLY TO MY AFFECTED HOUSES OR

OTHER STRUCTURES? ANSWER: Yes. Houses and structures that will be affected by the Project shall be compensated for at replacement cost without deduction for depreciation or salvageable materials in order that you may rebuild a new structure elsewhere on your plot, another of your plots or a new replacement plot provided. 6. QUESTION: WHAT ABOUT MY CROPS AND TREES? ANSWER: Affected crops and trees will be compensated for at current market value. Compensation for annual crops will be based on the anticipated harvest at market value while trees will be based on type, age and productivity. Compensation for perennial crops and trees will be compensated at market value multiplied by five to compensate for future-lost productivity.

7. QUESTION: WHAT ABOUT OUR COMMON PROPERTY?

ANSWER: For common property resources, the affected land will be replaced in areas identified in consultation with affected communities and relevant organizations.

8. QUESTION: HOW DO YOU DETERMINE REPLACEMENT COST OR

CURRENT MARKET VALUE FOR OUR LAND AND OTHER ASSETS?

ANSWER: To ensure that the rates reflect the actual replacement costs at current market value, the Project has carried out a Replacement Cost Study. This is as an independent and objective study of the value of land, structure and other types of losses of what is now the Feasibility Study Phase for the Project. These rates will be updated by a professional asset valuer during the Detailed Design Phase and final compensation rates will be established. The established rates that will be proposed during the Design Phase of the Project must be acceptable to both APs and the Government and its Resettlement Committee.

9. QUESTION: IN CASE THERE WILL BE RELOCATION OF HOUSES OR

BUSINESS INVOLVED, HOW CAN THE PROJECT HELP ME REBUILD MY HOUSE OR BUSINESS DURING RELOCATION?



ANSWER: Apart from the compensation for loss of land and other assets at replacement cost, the Project shall ensure that the standard of living of APs is maintained or better improved after the Project. Therefore, the Project shall provide mitigation and subsistence allowance to relocating APs.

• Housing Transportation Allowance will be provided to relocating APs to enable

them to transport household effects, salvaged and new building materials to new sites equivalent to the following: Cash payment of $20 per hut or light structure being relocated on the same plot, $40 per house or important structure being relocated on same plot, $60 per house relocated to another plot in same village area, and $70 per house or important structure being relocated to another plot outside the village or a resettlement area organized by the project.

• Cost of Living Allowance: will be paid to every relocating household and

households severely affected by loss of 10% or more of productive, income-generating assets. The allowance varies depending on the scale based on number of months. Monthly living allowance is equal to the provision of 20kilogram of rice per person or US$25 per person.

• Business Relocation Allowance will be provided for any business that will be

required to close down during the relocation period. A lump sum amount will be provided to small shops equal to the actual income lost, to be determined through consultation with APs. Big businesses will also be compensated for actual loss but will have to provide their business income statement. For employees, cash compensation for lost wages for each day that they cannot work while business is re-organizing to its new site. In case allowance for the affected cases cannot be agreed between business and allowance-setting committee, the following rates will be determined: 1. US$25 per small business on the walkway in front of residence, 2. US$75 per temporarily affected household and family who rents the shop, 3. US$150 per business or income permanently affected or at least equal to 20% of total household income and at least 10% for farmers who lost their cultivated land.

• Financial Assistance for Socially or Economically Vulnerable Households when falling into at least one of the following categories: (1) the poorest families, (2) old-aged head of household without assistance, (3) women-headed households with small child/children, (4) handicapped head of household without assistance, (5) indigenous families, and (6) landless households. When a household falls under one or more of the afore-mentioned criteria it is entitled to $150 assistance or an equivalence of six-month living assistance.

10. QUESTION: DOES THAT MEAN ANYBODY IN OUR COMMUNITY CAN

CLAIM FOR COMPENSATION?

ANSWER: No. Entitled APs are those persons who will have been surveyed during a final Detailed Measurement Survey (DMS) based on the actual location of the Right-of-Way and Substation. The cut-off date for determining eligibility for compensation shall be at the



completion the AP Census that will take place after Detailed Design and pegging of the ROW and substation sites and on its approval by the ADB and the Cambodian Government. Persons who try to use the surveyed area after the cut-off-date will not be entitled to compensation or any other form of resettlement assistance. A list of permitted land uses for the Right-of-Way will be issued to all owners of lands affected.

11. QUESTION: DO WE NEED TO CLEAR THE AFFECTED AREA IMMEDIATELY

ONCE OUR LAND, HOUSES, OR STRUCTURES HAVE BEEN IDENTIFIED AS AFFECTED?

ANSWER: No. Clearing of the Project area will only take place after compensation for affected land and other lost assets has been received by APs. After the AP has acknowledged receipt of payment, the Project shall provide a reasonable time and assistance for APs to clear the area in order for construction activities to commence. Effective dates will be notified to affected land owners.

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Resettlement Plan...Resettlement Plan This resettlement plan has been submitted to ADB by the State Investment Program Management and Implementation Unit (SIPMIU), Government of Mizoram

Handbook for Preparing a Resettlement Action Plan · IFC Handbook for Preparing a Resettlement Action Plan vii Acknowledgments The Handbook for Preparing a Resettlement Action Plan

Resettlement Action Plan - Ministry of Energy and Mineral ...energyandminerals.go.ug/downloads/Isimba - Resettlement Action Plan... · Resettlement Action Plan ... FICHTNER GmbH &

Land Acquisition and Resettlement Plan

Land Acquisition and Resettlement Plan - adb.org Acquisition and Resettlement Plan ... Prepared by the Ministry of Finance, ... Land Acquisition and Resettlement Framework

Short Resettlement Plan Hapur

RESETTLEMENT PLAN (RP)

ABBREVIATED RESETTLEMENT ACTION PLAN - … resettlement action plan ... 2.0 rational for abbreviated resettlement action plan 4 ... 6.1 options given to paps by nawasa

Revised draft Resettlement Action Plan - Andhra … Resettlement Action Plan for 10 priority roads 1 Amaravati Sustainable Capital City Development Project (ASCCDP) Revised draft Resettlement

Cambodge (Cambodia)

Siem Reap, Cambodge

documents.worldbank.org · Web viewor. Resettlement Plan for Harbin-Jiamusi Railway. Resettlement Plan for Harbin-Jiamusi Railway. Resettlement Plan for Harbin-Jiamusi Railways. Resettlement

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Short Resettlement Plan

Land Acquisition and Resettlement Plan · PDF fileLand Acquisition and Resettlement Plan ... Koperasi Unit Desa ... PGN’s Policy Framework on Land Acquisition and Resettlement

Abbreviated Resettlement Action Plan - World Bankdocuments.worldbank.org/curated/en/639841468173392… · · 2016-07-14Abbreviated Resettlement Action Plan ... properly informed,

ABBREVIATED RESETTLEMENT ACTION PLAN - …documents.worldbank.org/curated/en/148411491287929149/pdf/SFG10… · abbreviated resettlement action plan . ... proponent . republic of

RESETTLEMENT ACTION PLAN

documents.worldbank.orgdocuments.worldbank.org/.../RP15860AFR0RPF0Box382… · Web view: Also known as a Resettlement Action Plan or Resettlement Plan – is a resettlement instrument

Resettlement Action Plan UGANDA

Resettlement Plan - Asian Development Bank · 2016. 7. 7. · Resettlement Plan This resettlement plan has been prepared by the Tourism Development Board, Project Management Unit,

Resettlement Plan - Asian Development Bank

Short Land Acquisition and Resettlement Plan · 2014-09-29 · Short Land Acquisition and Resettlement Plan Short Land Acquisition and Resettlement Plan Document Stage: Endorsed by

Resettlement Action Plan - ADB

Draft Resettlement Plan - adb.org

Artbook Cambodge