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Resettlement Implementation Plan

This report has been submitted to ADB by the Ministry of Water Supply and Drainage and is made publicly available in accordance with ADB’s public communications policy (2005). It does not necessarily reflect the views of ADB.

Project Number: 37381-013 September 2012

Sri Lanka: DRY ZONE URBAN WATER AND SANITATION PROJECT - for Puttalam Subprojects

Prepared by SMEC Consultants for

Dry Zone Urban Water and Sanitation Project,

Colombo, Sri Lanka.

For Water Supply and Drainage Board Ministry of Water Supply and Drainage, Sri Lanka.

Resettlement Planning Document

Resettlement Plan for Puttalam Subprojects Document Stage: Draft Final 2012

Prepared by SMEC Consultants on behalf of Ministry of Water Supply and Drainage

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Contents Contents ................................................................................................................................................................. - 2 -

Abbreviation .......................................................................................................................................................... - 4 -

SECTION- I RESETTLEMENT PLAN ............................................................................... - 5 - A. Executive Summary ................................................................................................... - 5 - B. Project Description ..................................................................................................... - 5 - C. Scope of Land Acquisition and Resettlement ............................................................ - 6 - D. Socioeconomic Information and Profile .................................................................... - 7 - Social Impact Assessment (SIA) Summary ........................................................................................................... - 7 -

E. Information Disclosure, Consultation, and Participation ........................................... - 9 - A Consultation ........................................................................................................................................... - 10 -

B Disclosure .............................................................................................................................................. - 10 -

F. Grievance Redress Mechanisms .............................................................................. - 15 - Grievance Redress Committee ....................................................................................................................... - 16 -

Land Acquisition and Resettlement Committees (LARCs) .......................................................................... - 16 -

G. Legal Framework ..................................................................................................... - 17 - 1. Policy and Legal Framework ..................................................................................................................... - 17 -

a. Government Policy .................................................................................................................................. - 17 -

b. ADB’s Policy on Involuntary Resettlement, 1995 ................................................................................. - 19 -

2. Comparison of Borrower’s Policy with ADB’s Policy ......................................................................... - 19 -

H. Entitlements, Assistance and Benefits ..................................................................... - 20 - Policy Principles and Entitlements ..................................................................................................................... - 20 -

Screening of Vulnerable Households ............................................................................................................. - 20 -

I. Relocation of Housing and Settlements ................................................................... - 23 - J. Income Restoration and Rehabilitation .................................................................... - 23 - K. Resettlement Budget and Financing Plan ................................................................ - 23 - L. Institutional Arrangements for Project Implementation .......................................... - 25 - Institutional Framework, Resettlement Costs, and Implementation Schedule .................................................. - 25 -

Institutional Capacity .......................................................................................................................................... - 29 -

Institutional Responsibilities............................................................................................................................... - 29 -

Responsibilities of PCC/RO Related to Compensation Payment Process .................................................... - 30 -

The Responsibilities of the Displaced person during Compensation Process .............................................. - 30 -

M. Implementation Schedule......................................................................................... - 31 - N. Monitoring and Reporting........................................................................................ - 32 - A Internal Monitoring ............................................................................................................................... - 34 -

B External Monitoring .............................................................................................................................. - 35 -

C Resettlement Databank .......................................................................................................................... - 35 -

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II. DRAFT COMPENSATION PLAN ............................................................................... - 36 - A. Background .................................................................................................................................................... - 36 -

B Losses Identified .................................................................................................................................... - 37 -

C Compensation and Livelihood Restoration .......................................................................................... - 37 -

D. Compensation Plan Implementation ..................................................................................................... - 39 -

E. Grievance Redress, Consultation and Disclosure, Monitoring and Evaluation, and Budget ............. - 40 -

Appendix 1: Puttalam Subproject Components and Resettlement Impacts ............................................................ 40

Appendix 2: Minutes of the Meeting with farmers of Eluwankulama ..................................................................... 43

Appendix 3: Transect Walk Results ......................................................................................................................... 49

Appendix 4: Comparison between the Borrower and ADB’s Involuntary Resettlement Policy ............................ 56

Appendix 5: Minutes of the Consultation with farmers to inform the proposed water supply project to Puttlam town .......................................................................................................................................................................... 59

Appendix 6: Minutes of the Consultation with farmers to inform the entitle matrix for compensation ................ 64

Appendix 7: List of the paddy land owners who have been cultivating under the command area of Eluwankulam .................................................................................................................................................................................. 69

Appendix 8: Photo illustration ................................................................................................................................. 74

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Abbreviation

ADB Asian Development Bank AP Affected Persons ASD Agrarian Services Department CBO Community based organizations DCSM Design, supervision, and management consultants DS Divisional Secretary DZUWSP Dry Zone Urban Water and Sanitation Project EA Executive Agency FGD Focus group discussions FO Farmer Organization FSL Full Supply Level GA Government Agent GND Grama Niladari Division GRC Grievance Redress Committee HFL High Flood Level IEE Initial Environment Assessment INGO implementing NGO LARC Land Acquisition and Resettlement Committee LAA Land Acquisition Act MOL Ministry of Lands MWSD Ministry of Water Supply and Drainage NIRP National Involuntary Resettlement Policy NWSDB National Water Supply and Drainage Board PCC Project Coordinating Cell PICC Project Implementation Coordination Committee RP Resettlement Plan RO Regional Office ROW Right of Way RS Resettlement Specialist SIA Social Impact Assessment WTP Water Treatment Plant

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SECTION- I RESETTLEMENT PLAN A. Executive Summary 1. The Government of Sri Lanka is proposing to implement the Dry Zone Urban Water and Sanitation Project (DZUWSP) to improve water supply and sanitation in the urban areas of the northern and north western dry zone of the country, namely, Chilaw, Puttalam, Mannar and Chilaw. The expected impact of the Project is improved physical well-being of urban populations in Sri Lanka’s dry zone’. This will be through (i) improving and expanding infrastructure and services, (ii) strengthening institutions in the water sector for better service delivery and resource management, and (iii) building project management and implementation capacity four towns namely: Chilaw, Mannar, Puttalam, and Chilaw. This resettlement plan (RP) has been prepared for the subproject components in Puttalam which involves: (i) water supply augmentation; (ii) water treatment; (iii) distribution network improvement; and sanitation. 2. The DZUWSP is designed to minimize land acquisition and resettlement impacts. The Project will: (i) utilize existing lands for rehabilitation of existing water supply facilities; (ii) utilize vacant Government land to the extent possible for new facilities. The Resettlement Plan for Puttalam has been prepared according to the National Involuntary Resettlement Policy (2001) and ADB's Policy on Involuntary Resettlement (1998). A separate draft compensation plan has been drawn up for Eluwankulam affected persons (APs) and is provided as Section II of this RP1.

3. The resettlement plan included the detailed cost of compensation, rehabilitation and other restoration/assistance entitlements of APs, and administrative costs. The estimated budget for is Rs. 6,375,212. NWS&DB/PCU to ensure that funds are made available as soon as the Minister approves the proposal for payment of compensation

B. Project Description 4. Subproject design minimized land acquisition and resettlement impacts. Work on the weir and causeway, canal, mixing chamber, and existing water treatment plant are confined within existing facilities and will not have any resettlement impacts. The new canal, intake well, raw water pump house, water treatment plant, ground storage tank, overhead reservoirs, and septage treatment will be in vacant government land and cause no resettlement impacts. The raw water transmission mains will be in vacant rights-of-way (ROWs) which is government land and will not cause any resettlement impacts or access disruptions. Procurement of new vacuum tankers will not have resettlement impacts. Household toilets will not have resettlement impacts. Appendix 1 provides the subproject component details and summarizes each component’s expected resettlement impact. 5. 1 A separate Draft Compensation Plan has been drafted consistent with the Government and ADB’s experience for the Secondary Towns Water Supply and Sanitation Project for work in the Unnichai Tank. The link between the RP and the CP is also identified in the entitlement matrix (Table 2, item 2 of the RP) and the budget (Table 4, item 2 of the RP).

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C. Scope of Land Acquisition and Resettlement 6. No permanent private land acquisition is required. Therefore, no physically or economically displaced persons identified and no resettlement impacts reported. However, during the rehabilitation of the Eluwankulam Tank to expand its capacity, farmers will have to forego one season of paddy. This will affect 118 farmers and 49 wage laborers resulting in the loss of one season’s income. Based on the socio-economic survey, the farms to be affected are used solely for paddy cultivation. On average one farm is about 3 acres and the income per farmer for a Yala season 2is Rs 21,340. The survey also shows that each wage laborer works an average of 35-40 days per season at an average wage of Rs 400. The survey did not record vulnerable farmers, but showed that among wage laborers, there were 7 female household heads, and 3 who were either partially disabled or elderly. A summary of the survey is in section D. A separate draft compensation plan has been drawn up for Eluwankulam affected persons (APs). However, at the meeting held on June 28, 2011 the farmers informed that making the tank bed dry will facilitate proper cleaning/dredging. Therefore they agreed to forgo single Yala cultivation to facilitate renovation. The farmers unanimously agreed and announced that they do not want any compensation for the missing Yala season; instead they requested to make use of the fund for the rehabilitation of the tank. The minutes of the meeting attach in Appendix 2. But, in case if the project requires more than one Yala season for renovating the tank, the draft compensation plan should be updated and implemented for the affected farmers to restore their livelihood. 7. Work on the treated water transmission main, distribution main and distribution pipes will not have permanent resettlement impacts as these will pass through roads which have sufficient vacant ROW. Transect walks were conducted in 2008 Puttalam to determine if these linear works would have temporary impacts on livelihood. Appendix 3 provides summary information from the transect walks. The transect walks and confirmation from Project preparation engineers, show there are no expected impacts on permanent structures. There are also no expected livelihood impacts if mitigation measures identified in the environmental assessment documents are applied to ensure access. Shop keepers will be assisted through the provision of access planks by contractors. Hawkers will be assisted in moving to the other side of the road assisting them in returning structures after construction is completed.

8. Impacts on farmers and wage laborers affected by the Eluwankulam Tank will be compensated in accordance with the draft compensation plan. However, the farmers unanimously agreed and announced that they do not want any compensation for the missing Yala season; instead they requested to make use of the fund for the rehabilitation of the tank. While there are no anticipated temporary impacts based on the transect walk, Shop keepers will be assisted through the provision of access planks by contractors. Hawkers will be assisted in moving to the other side of the road assisting them in returning structures after construction is completed. If there are any impacts on livelihood which are noted during the implementation stage, affected persons (APs) will be compensated for livelihood loss. A budget has been set aside as a contingency which assumes that 10% the total projected number of shops and hawker stalls may be affected. These are equivalent to 99 shop keepers and 13 hawkers in Puttalam. This contingency is what is reflected in Table 1. The transect walks show that none of the shop keepers and hawkers are vulnerable.

2 Paddy cultivation season between February to June and the cultivation depends on tank irrigation

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Table 1: Summary of Resettlement Impacts in Puttalam Elawankulam Tank

Temporarily Affected Land (acres of paddy) 366 Temporarily Affected Farming Families 118 Temporarily Affected Families of Wage Laborers 49 Female Household Heads 7 IP Household Heads 0 BPL Household Heads 0 Disabled/Elderly Household Heads 3 Affected Trees/Crops 366 acres of paddy Temporarily Affected Common Structures 0 Average Income Per Season (Farmer) 21,340 Average Income Per Season (Wage Laborer) 14,000-16,000

Income Sources Temporarily Affected Income from paddy and wages from agricultural labor

Mains and Pump Network Temporary Land Acquisition (ha) 0 Potential Temporarily affected persons (APs)* 112 Titled APs (Shop Owners) 99 Non-titled APs (Hawkers) 13 Female AP 0 IP AP 0 BPL AP 0 Affected Trees/Crops 0 Temporarily Affected Common Structures 0 Average Shop Income (main roads) 4,697.50 Average Shop Income (minor roads) 1,766.25 Average Hawker Income (main roads) 2,212.50 Average Hawker Income (minor roads) 1,750.00

Income Sources Temporarily Affected general stores, and cloth stalls

(Prepared in March 30, 2008) D. Socioeconomic Information and Profile

Social Impact Assessment (SIA) Summary 9. The survey was conducted in 2008 and during the detail design stage in 2010 – 2011 it was not updated because the farmers unanimously agreed and announced that they do not want any compensation for the missing Yala season; instead they requested to make use of the fund for the rehabilitation of the tank. The minutes of the meeting attach in appendix 2. However the numbers of farming families have increased to 176 in 2011 as per the record available with the farmer organization. The list of the paddy land owners who have cultivation under the command area of Eluwankulam is attached in appendix 7. The Draft Compensation plan prepared based on the data available in 2008 and needs update prior to implementation.

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Table 2: Summary of SIA in Puttalam

Total Eluvankulam Farmers(Puttalam)

Eluvankulam Laborers

(Puttalam) 1. Families

Total Families 118 49

Total members in the families 503 161

Total Male 274 86

Total Female 229 75

2. Ethnic Group

Sri Lankan Tamil 44 24

Indian Tamil 1 5

Moors 427 112

Burghers 0 0

Sinhalese 30 18

Indigenous Group 0 0

3. Age Structure

Less than 14 85 36

More than 14 and less than 60 358 118

More than 60 49 6

4. Level of Schooling

Primary Level (Grade 1 – 5 ) 103 45

Junior Secondary Level (Grade 6 – 9) 189 38

Senior Secondary Level (Grade 10 – 12) 162 60

Under Graduate 0 0

Graduate 1 0

Technical College 0 0

No Schooling – Literate 1 0

No Schooling Illiterate 10 1

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5. Land Use

Paddy Cultivation 118

Subsidiary food Cultivation 0

Other Crops 0

Paddy Cultivation/Subsidiary food Cultivation 0

6. Vulnerability/Health issues

Widow 4

Divorced/separated 2

Disabled 1

Age above 60 Years 2

Serious illness unable to work 1

7. Agricultural bi-products

Paddy Straw for bio-gas 0

Paddy straw for animal food 0

Paddy straw for compost manure 130

8. Income

Average income per season in LKR(Yala) 21,340.00

Average Wage per day in LKR 400.00

Average working day per season 35 -- 40

E. Information Disclosure, Consultation, and Participation 10. Consultations were held with stakeholders at various stages during project preparation to discuss the Project, its impacts, resettlement issues and potential mitigation, and to involve the community in developing the RPs. Series of discussions were conducted during the detailed design stage since October 2010 to discuss resettlement and various other issues to fill the gap. Views expressed were incorporated into the RPs. A framework for consultation and disclosure is described below for continuing the process during implementation. RPs updated after detailed design will again be disclosed in ADB’s website and public locations in the towns. ADB review and approval of the RP is required prior to award of civil works contracts; and compensation/assistance to Displaced person is required prior to commencement of civil works.

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A Consultation 11. A range of formal and informal consultative methods will be carried out to update RPs including, but not limited to: Focus group discussions (FGDs), public meetings, community discussions, and in-depth and key informant interviews; in addition to the socio-economic surveys. Consultations will be held with special emphasis on vulnerable groups. Encouraging public participation in consultations informs the public of the Project and serves as a venue for the public to express their opinion on priorities which the Project should address. Consultations will be undertaken by Communications Consultants engaged by the EA. 12. The key stakeholders to be consulted during RP updating, RP implementation, and Project implementation includes:

(i) all Displaced person, including vulnerable households; (ii) project beneficiaries; (iii) elected representatives, community leaders, and representatives of

community-based organizations; (iv) local NGOs; (v) local government and relevant government agency representatives; and (vi) Project staff, PCC, ROs, and consultants.

13. Consultations with Displaced person during RP preparation/updating will ensure that views of Displaced person on compensation and resettlement assistance measures are fully incorporated while consultations conducted during RP implementation will identify help required by Displaced person during resettlement assistance. 14. Continuing involvement of those affected by subprojects is necessary in the resettlement process. The Communications Consultants will ensure that Displaced person and other stakeholders are informed and consulted about the subproject, its impact, their entitlements and options, and allowed to participate actively in the development of the subproject. This will be done particularly in the case of vulnerable Displaced person, who will be encouraged to choose options that entail the lowest risk. This exercise will be conducted throughout the subproject—during preparation, implementation, and monitoring of subproject results and impacts. B Disclosure 15. The draft RPs was made available in relevant government agencies in each towns, and EA and RO offices. Finalized RPs will also be disclosed in ADB’s website, EA website, and towns; and information dissemination and consultation will continue throughout project implementation. 16. Information will be disseminated to Displaced person at various stages. In the initial stage, the PCC will be responsible for issuing public notices to acquire land required for subprojects and

• providing Project information. The notice will be published in local newspapers, twice with a one week interval. The Communications Consultants will conduct consultations and the ROs will disseminate information to all Displaced person.

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Resettlement Plan will be translated into the local language and made available at offices of the: (i) towns’ municipal councils; (ii) relevant local government line agencies; and (iii) PCC and ROs. RPs will also be kept in the public libraries, accessible to citizens as a means to disclose the document and at the same time creating wider public awareness.

17. The RPs will be disclosed in EA and ADB websites. The PCC will issue notification of implementation start dates for each subproject. The notice will be issued by the PCC in local newspapers one month ahead of implementation. This will create awareness of project implementation. The PCC and ROs will provide information on IR policies and features of the RPs. Basic information such as subproject location, impact estimates, entitlements, and implementation schedule will be presented in the form of a brochure that will be circulated among Displaced person. Posters containing basic RP information will also be posted in different localities to increase awareness. Copies of RP summaries will be kept in the PCC and RO offices and will be distributed to any Displaced person consulting on resettlement issues. The RP will be made available in local language during public meetings. This will enable stakeholders to provide inputs on the resettlement process, prior to award of civil work contracts. 18. An intensive information dissemination campaign for Displaced person will be conducted by the RO at the outset of RP implementation. All the comments made by the Displaced person will be documented in the subproject records and summarized in subproject monitoring reports. A summary of consultation and disclosure activities to be followed for subproject are in Table 3

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Table 3: Consultation and Disclosure Activities

Project Phase Activities Details Responsible Agency

Project Bridging Phase

Mapping of the project areas

Area to be mapped, clearly showing survey numbers of titleholders of land/property proposed for acquisition

PCC in coordination with DS’s offices and other local bodies.

Stakeholder identification

Cross section of stakeholders to be identified in order to facilitate their participation in the Project.

PCC and ROs in consultation with stakeholders.

Project information dissemination; Disclosure of proposed land acquisition

Leaflets containing information on the Project to be prepared. Public notice issued in local newspapers (and disclosed on EA websites) including survey numbers and names of titleholders for land to be acquired concurrent with consultation with titleholders.

Communications Consultants and RS from ROs. Notice will be issued from the DS’s office. PCC to disclose on the web.

Stakeholder consultations

Further consultations with affected titleholders and households. Consultations with non-titled APs and other stakeholders during subproject scoping.

Communications Consultants and RS from ROs.

RP Preparation Phase SIA surveys

Surveys to be conducted. Summary RP to be disclosed in local language though printed materials to APs particularly those who are vulnerable and other stakeholders.

RS to conduct surveys. Communications Consultants in ROs to disclose RP to stakeholders (including making it available in PCC/RO offices and government agency offices), PCC to disclose on the web.

Formulating compensation and resettlement assistance measures

Conducting stakeholder consultations particularly APs in and reflecting issues raised in revised RP.

Communications Consultants, RS, and INGO.

Disclosure of final entitlements and rehabilitation packages and grievance redress mechanism

Provision of RPs to all stakeholders particularly APs. Conducting consultations and distributing local language versions of the summary RP.

PCC to disclose on the web. Communications Consultants, RS, and INGO to conduct consultations.

RP Implementation Stage

Disclosure of RP

Review and approval of RP by EA. Review and approval of RP by ADB. Web disclosure of the RP.

EA to provide ADB with RP for review and approval. PCC to disclose on the web.

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Consultation with APs during RP implementation

Consultations with APs. INGO with monitoring from ROs and external agency.

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19. Summary of the list of stakeholders consulted are listed in Table 4

Table 4: list of stakeholders consulted No Name Designation Key Matters Discussed Mode of Discussion

1 Mr. Kinsley Fernando Government Agent Puttalam Land acquisition Land issues A P participation

Face to Face interaction

2 Mr. R. N. Asana Marikkar Chairman, Wannathiwillu PS

Land issues Compensation matters Face to Face interaction

3 Mr. W. A. A. Sujith Palitha Member, Wannathiwillu PS Compensation matters Face to Face interaction

4 Mr. Canuid Anthony Secretary, Wannthiwillu PS Project information Face to Face interaction

5 Mr. Alwis Regional Director, Irrigation Department

Irrigation schedules Design Face to Face interaction

6 Mr. Jayasinghe Engineer Divisional Irrigation Department

Irrigation schedules Design Face to Face interaction

7 Mr. M. S. B. Kokwewa E.A. Irrigation Department Irrigation schedules Design Face to Face interaction

8 Mr. K. A. Baiz Chairman, Puttalam UC Project information Face to Face interaction

9 Mr. Nishantha Kumara Secretary, Puttalam UC Project information Face to Face interaction

10 Mr. Kapila Bandara Agriculture DO Wannathiwillu Division

Name lists A P participation Compensation matters


11 Mr. K. P. A. Wahid Grama Niladhari Eluwankulam

Displaced person participation Face to Face interaction

12 Mr. A. M. Nageem President of the Farmer Organization

Name lists A P participation Compensation matters


13 Mr. A. T. M. Sulfikar Agriculture Research & Production Assistant

A P participation Compensation matters Face to Face interaction

14 Displaced person Name lists A P participation Compensation matters


Table 4.1: list of consultation with APs Table 1

Date Purpose No. of participants

Issues discussed Mitigation by Project

26/10/2007

Providing project information

27 Signing MoU For go 01 yala season Quality of drinking water

Exploring possibility of sigh MoU Compensation will be paid for missing season Eluwankulam area will be covered under water supply

22/2/2008

Inform about the entitlement matrix

60 Agreed for compensation Agreed to forgo yala season Requested to rehabilitate the tank

Compensation will be paid for missing season

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28/6/2011

Technical background of tank renovation

50 Requested to rehabilitate the tank Ready to forgo yala season without compensation

Renovation of tank without interruption to cultivation

20. Table 4.1 summarizes the importance consultation had with the people and the outcome of the consultations. F. Grievance Redress Mechanisms 21. Care shall always be taken to prevent grievances and grievances can be minimized through careful subproject design and implementation by ensuring full participation and consultation with APs and also establishing rapport between the community and NWS&DB and PCU through frequent interactions, transparency, and monitoring. 22. A grievance mechanism already established that allows APs to appeal any unsatisfied decisions, regardless of efforts to provide fair levels and methods of compensation and mitigation that are appropriate to the loss. 23. Grievances of Displaced person will first be brought to the attention of the RO. Grievances not redressed by the RO will be brought to the Grievance Redress Committee (GRC) established for Puttalam. The GRC is chaired by the Divisional Secretary with representatives from the relevant local government agencies, Regional Office (RO), Community based organizations (CBOs), and Farmer Organization (FO). The GRC will meet every month. The GRC will determine the merit of each grievance, and resolve grievances within a month of receiving the complaint. The GRC will provide attested copies of their decision to the Displaced person and the RO for records. Where Displaced person are not satisfied with the GRC’s decision, the Displaced person can resubmit their case. The GRC will resolve the appeal within a month of being informed of the appeal in a GRC meeting. Further displaced Persons can have the access to the appropriate courts of law at any stage of the project if they are unsatisfactory over the function of the GRM. The RO will keep records of all grievances received including: contact details of complainant, date that the complaint was received, nature of grievance, agreed corrective actions and the date these were effected, and final outcome3. The grievance redress process is shown in Figure 1.

3 Grievances will be categorized as follows: (i) erroneous selection of APs, (ii) omission of potential APs, (iii) losses not identified correctly, (iv) compensation/assistance inadequate or not consistent with entitlement matrix, (v) dispute about ownership, (vi) delay in disbursement of compensation/assistance, and (vii) improper distribution of compensation/assistance in case of joint ownership.

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Figure 1: Grievance Redress Process 24. All costs involved in resolving the complaints will be borne by the EA. The GRCs will continue to function throughout the project duration. Grievance Redress Committee 25. A GRC, with members not exceeding eight, will be established to resolve grievances related to resettlement issues. The GRC meetings will be chaired by the Divisional Secretary at the ROs. The GRC shall have the followings members:

1. Divisional Secretary 2. Project Manager 3. Representative of Agrarian Services Department 4. Grama Niladaries of respective divisions 5. Representatives from Displaced person, that will include women 6. Representatives of Farmer Organizations 7. RS as an independent representative

Land Acquisition and Resettlement Committees (LARCs) 26. A Land Acquisition & Resettlement Committee (LARC) was established at Divisional Secretariats level, to assist with the resettlement process. There will particularly be consultation with Displaced person to decide on administrative matters and disputes in relation to various facts arising out of compensation. They would mediate any grievances Displaced person might have with regard to the compensation amount for acquired land and refer problems to the Chief Valuer of the valuation department who will have the final authority for determining replacement costs.

Affected Person

FO/RS Grievance

GRC

GRC

Grievance

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27. In accordance with the provisions laid down in the LAA, the Divisional Secretariat is responsible for the acquisition of land and properties required for public purpose. 28. The LARCs will liaise with agencies involved in land acquisition and compensation i.e. Ministry of Lands (MOL), Valuation Department, and Survey Department. It will assist in the identification / allocation of land to poor and vulnerable Displaced person who have no other land and have to be relocated or facilitated with their compensation payment. 29. Each LARC will be chaired by the Divisional Secretary. The LARC shall have the following members:

1. Divisional Secretary 2. Project Manager 3. Representative of Agrarian Services Department 4. Representatives from Displaced person, that will include women 5. Representative of Farmer Organizations 6. Resettlement Specialist as an independent representative 7. Land Officer of Divisional Secretariats 8. Manager Premises/Land Officer NWSDB (To participate as required) 9. Representative of Survey Department 10. Representative of Valuation Department 11. Grama Niladaries of respective divisions

30. The LARC will have a sub-committee whose membership will be determined by the LARC but should include the Displaced person (item 4) and the RS (item 6) at minimum to be the Compensation Entitlement Sub-committee to determine the compensation related matters in accordance with the entitlement matrix. G. Legal Framework 1. Policy and Legal Framework 31. The policy framework and entitlements for the Project are based on national laws: The Land Acquisition Act, 1950 (LAA, amended in 1979) the National Involuntary Resettlement Policy, 2001 (NIRP); and ADB’s Policy on Involuntary Resettlement, 1995. The salient features of Government and ADB polices are summarized below. a. Government Policy 32. National Involuntary Resettlement Policy, 2001. The Government adopted a national policy to protect the rights of all people affected by development projects. The NIRP ensures that Displaced person are treated in a fair and equitable manner and that people are not impoverished or suffer unduly as a result of public or private project implementation. The objectives of the 2001 NIRP are to:

a. avoid, minimize and mitigate negative impacts of involuntary resettlement by facilitating the re-establishment of Displaced person on a productive and self-sustaining basis;

b. ensure that Displaced person are fully and promptly compensated and

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successfully resettled; c. the livelihoods of any displaced persons should be re-established and their

standard of living improved; d. ensure that no impoverishment of people shall result as a consequence of

compulsory land acquisition for development purposes by the State; e. assist Displaced person in dealing with the psychological, cultural, social and

other stresses caused by compulsory land acquisition; f. make all Displaced person aware of processes available for the redress of

grievances that are easily accessible and immediately responsive; and g. have in place a consultative, transparent and accountable involuntary resettlement

process, with a time frame agreed to by the project executing agency and Displaced person.

33. The NIRP requires that a comprehensive resettlement action plan be prepared where twenty or more families are affected. In cases where less than twenty families are affected the NIRP still requires a plan but states that this can be prepared to a lesser level of detail. The NIRP applies to all projects regardless of the source of funding. There is, however, no law on resettlement in the country. The law relating to the acquisition of privately owned immoveable property is the Land Acquisition Act discussed in the following section. 34. Land Acquisition Act (LAA), 1950. The law governing acquisition of land for public purposes is the LAA enacted in 1950 (act No.9 of 1950 chapter 295) which has been the subject of several amendments and revisions, the latest being 1979. The LAA sets out the procedures for acquiring land and for payment of compensation for acquired land. The LAA only provides compensation for land, structures, and crops. It’s essential features include:

a. notice is issued specifying that land is potentially required for a public purpose; b. should the land be deemed suitable for the public purpose a written declaration to

that effect is made. Notices are then issued describing the land, the intention to acquire the land, and requiring that persons with an interest in the land should notify (in writing) the acquiring officer of their claim (including the expected amount of compensation);

c. the acquiring officer holds an inquiry into the market value of the land, the claims for compensation, and the respective interests of the claimants;

d. the acquiring officer either makes a decision on the claims or refers the claims to the District Court or Primary Court;

e. following the decision (either by the acquiring officer or the courts), the acquiring officer makes an award determining the persons who are entitled to compensation, the total amount of compensation deemed to be allowed for the acquisition, and the apportionment of the compensation between the persons with interest in the land; and

f. in the event of a dispute over the determination, it may be appealed to either the Compensation Review Board or Court of Appeal within 21 days of receipt of notification of the award. Provided that there are no appeals, the compensation is paid (the LAA allows for an initial payment and the remainder to be paid in installments). If the person with an interest in the land has agreed to a land exchange in lieu of cash, the transfer is put into effect at this time. After the awards are made the Minister publishes or gazettes a “vesting order” for the possession of the land, after which time occupants of any buildings located on the land to be vested are given notice to vacate.

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35. The LAA does not require project executing agencies to address key resettlement issues such as exploring alternative project options that avoid or minimize impacts on people, compensating those who do not have title to, but are currently using and are dependent on the land, or the implementation of income restoration measures aimed at the social and economic rehabilitation of Displaced person. b. ADB’s Policy on Involuntary Resettlement, 1995 36. The three important elements of ADB’s involuntary resettlement policy are (i) compensation to replace lost assets, livelihood, and income; (ii) assistance for relocation, including provision of relocation sites with appropriate facilities and services; and (iii) assistance for rehabilitation to achieve at least the same level of well-being with the project as without it. 37. For any ADB operation requiring involuntary resettlement, resettlement planning is an integral part of project design, to be dealt with from the earliest stages of the project cycle, taking into account the following basic principles:

a. Involuntary resettlement will be avoided whenever feasible. b. Where population displacement is unavoidable, it should be minimized. c. All lost assets acquired or affected will be compensated. Compensation is based on

the principle of replacement cost. d. Each involuntary resettlement is conceived and executed as part of a development

project or program. Displaced person need to be provided with sufficient resources to re-establish their livelihoods and homes with time-bound action in co-ordination with civil works.

e. Displaced persons are to be fully informed and closely consulted. f. Displaced persons are to be assisted to integrate economically and socially into

host communities so that adverse impacts on the host communities are minimized and social harmony is promoted.

g. The absence of a formal title to land is not a bar to ADB policy entitlements. h. Displaced person are to be identified and recorded as early as possible to establish

their eligibility, through a census which serves as a cut-off date, and prevents subsequent influx of encroachers.

i. Particular attention will be paid to vulnerable groups including those without legal title to land or other assets; households headed by women; the elderly or disabled; and indigenous groups. Assistance must be provided to help them improve their socio-economic status.

j. The full resettlement costs will be included in the presentation of project costs and benefits.

2. Comparison of Borrower’s Policy with ADB’s Policy 38. Appendix 4 provides a comparison of Government policies (LAA and NIRP) in comparison with ADB’s involuntary resettlement policy. The NIRP is a significant move towards addressing involuntary resettlement issues in Sri Lanka. The gaps identified between the Government policies and the ADB’s Safeguard Policy Statement 2009 have been addressed in the RP generally and the entitlement matrix particularly.

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H. Entitlements, Assistance and Benefits Policy Principles and Entitlements 39. Based on the Government’s laws on land acquisition, and policies on resettlement and rehabilitation; and ADB’s Policy on Involuntary Resettlement, 1995, core involuntary resettlement principles for the Project to be followed are: (i) Acquisition of land and other 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. (ii) All project Displaced person who will be identified in the project impacted areas before the cut-off-date will be entitled to compensation for their lost assets, incomes and businesses at full replacement cost and provided with rehabilitation measures sufficient to assist them to improve or at least maintain their pre-project living standards, income earning capacity and production levels. (iii) All Displaced person 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. (iv) The rehabilitation measures to be provided are: (a) cash compensation at replacement cost without deduction for depreciation or salvageable materials for houses and other structures; (b) full title to replacement agricultural land-for-land of equal productive capacity acceptable to the Displaced person as a priority, or cash in lieu of land at replacement value; (c) full title to replacement residential and commercial land of equal size acceptable to the Displaced person, or cash in lieu of land at replacement value; (d) cash compensation for crops and trees at current market value; and (e) livelihood loss/restoration measures, and assistance to restore pre-project conditions. (v) The compensation and resettlement activities will be satisfactorily completed and rehabilitation measures in place before the Government and ADB will approve the award of civil works contracts. (vi) The executing agency will see to it that institutional arrangements are in place to ensure effective and timely: design, planning, consultation and disclosure, and implementation of land acquisition; compensation, resettlement, and rehabilitation; and monitoring and evaluation. (vii) Adequate budgetary support will be fully committed and be made available to cover the costs of land acquisition, and resettlement and rehabilitation within the agreed implementation period. (viii) Special measures will be incorporated in the resettlement plans prepared and updated under the project, and complementary mitigation and enhancement activities to protect and help improve the livelihoods of socially and economically vulnerable groups. (ix) There will be effective mechanisms for hearing and resolving grievances during the implementation of the resettlement plan. The entitlement matrix for the subproject based on the above policies is in Table 5. Screening of Vulnerable Households 40. The key Households identified vulnerable groups through a survey will need to be screened by surveyors to avoid misrepresentation and ensure that assistance is provided to those who are genuinely in need. Assistance will be decided by the Compensation Entitlement Committee. The following criteria will be applied:

i. Women headed households with no sustainable means of support. A widow, a divorcee, a woman separated from husband as conformed by law can be considered.

ii. Elderly households with no means of support.

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Aged above 60 years and shouldering the whole family responsibilities. iii. Disabled heads without any able-bodied earning member. A person who is not

in a position to work and support the family.

41. The above-mentioned groups identified in the project and measures have been taken to provide additional support for their social upliftment in addition to any other compensation for loss of land or income. The only affected household identified in the sub project falling under the category of vulnerable group.

22

Table 5: Entitlement Matrix Table 2 Type of Loss Application Definition of

Entitled Person Compensation Policy Implementation Issues Responsible Agency

1 Temporary disruption of livelihood

Agricultural fields temporarily affected by subproject construction

Farmers and Wage Workers

• 6 months advance notice regarding construction activities, including duration and type of disruption. • Compensation in accordance with the Compensation Plan (Section II)

• Assessment of impacts during lost cropping season.

The Compensation Plan identifies responsibilities.

2 Impacts on vulnerable APs

All impacts Vulnerable APs • Priority in project construction employment or additional transitional allowance for the period of disruption.

• Vulnerable households will be identified during the census.

RO will verify the extent of impacts through a 100% surveys of AHs determine assistance, verify and identify vulnerable households.

3 Any other loss not identified

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• Unanticipated involuntary impacts will be documented and mitigated based on the principles of the Resettlement Framework.

-

RO will ascertain the nature and extent of such loss. EA will finalize the entitlements in line with the Resettlement Framework.

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I. Relocation of Housing and Settlements 42. The resettlement impacts identified in the Puttalam sub project is not significant. There is no acquisition of private land and as a result no damage to private property or common structures. J. Income Restoration and Rehabilitation 43. For temporary impacts due to work on mains, APs will be provided 30 days advance notice to ensure no disruption or minimal disruption in livelihood. If required, they will also be assisted to temporarily shift for continued economic activity. For example they will be assisted to shift to the other side of the road where there is no construction. Ensuring there is no income or access loss during subproject construction is the responsibility of contractors. Consistent with the initial environmental examination, contractors will ensure: leaving spaces for access between mounds of soil, providing walkways and metal sheets to maintain access across trenches for people and vehicles where required, increased workforces to finish work in areas with impacts on access, timing of works to reduce disruption during business hours, phased construction schedule and working one segment at a time and one side of the road at a time. 44. Should construction activities result in unavoidable livelihood disruption, compensation for lost income or a transitional allowance for the period of disruption whichever is greater will be provided. Vulnerable Displaced person will be given priority in project construction employment. 45. Compensation and assistance to Displaced person must be made prior to possession of land/assets and prior to the award of civil works contracts. K. Resettlement Budget and Financing Plan 46. The resettlement plan included the detailed cost of compensation, rehabilitation and other restoration/assistance entitlements of APs, and administrative costs with breakdown. The cost estimates shall make adequate provision for contingencies (fifteen per cent). NWS&DB/PCU to ensure that funds are made available as soon as the Minister approves the proposal for payment of compensation. This will also require that NWS&DB/PCU undertake the procedures necessary so as to make adequate provision for land acquisition and resettlement in the budget for the first fiscal year in which the subprojects will be implemented. Further, this project will streamline the process of compensation by making the different types of payment at one time and effecting the full compensation, rather than paying installments which delay the ability of an AP to restore their livelihood and incurs costs to the project in terms of interest. The resettlement budgetary requirement for the Puttalam subproject has shown in Table 6.

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Table 6: Summary of Land Acquisition and Resettlement Costs

Item Subtotals Total Cost

1. Compensation for Temporary Impacts* 343,663

Shopkeepers, owners/tenants of other businesses 318,900

Hawkers 24,763

2. Compensation For Eluwankulam tank APs** Compensation for farmers (366 acres @ Rs.10,000.00) 3,660,000.00

Compensation for wage laborers (60 No @ Rs.5500.00@ 03 Months) 990,000.00

Detailed survey to determine entitlement and vulnerability 200,000.00

Administrative costs and other expenditures 100,000.00

Food Security Training Program and 100,000.00Special Grant to Vulnerable Household (10HH @ Rs. 15,000.00) 150,000.00 5,200,000

3. Sub Total 5,543,663

4. Administration Cost 15% 831,549

TOTAL 6,375,212 Notes on computations: *Average business income for shops in main and minor roads per day calculated and 20% of income for 5 days is considered ** Breakdown is found in Table 11.

Cost for out consultations, Resettlement Monitoring and grievance redress mechanism are subsumed under 15% administration costs

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L. Institutional Arrangements for Project Implementation Institutional Framework, Resettlement Costs, and Implementation Schedule 47. The Ministry of Water Supply and Drainage (MWSD) will be the Project’s Executing Agency (EA) and the National Water Supply and Drainage Board (NWSDB) will be the Implementing Agency (IA). A Project Coordination Cell (PCC) will be established within NWSDB head office; the PCC will have a monitoring, coordination and supervisory role. The bulk of the activities will be implemented by existing NWSDB Regional Offices (ROs) duly strengthened. Puttalam RO will be responsible for water supply and sanitation development works in Puttalam and Chilaw. Experienced project managers will be appointed to head project implementation units within the ROs. A core team of NWSDB employees will assist the project managers, and will include specialists in water supply, sewerage and sanitation, procurement, environment, finance and accounting, and social and community development. They will be supported by a project design, supervision and management consulting (DCSM) team. 48. A Project Implementation Coordination Committee (PICC) will be established to oversee the Project at national level. Provincial project coordination committees (PPCCs) will be established in North and Northwestern provinces to provide coordination at provincial level and oversee progress in urban sanitation, tank rehabilitation and water resource management activities. (Figure 2). 49. The PCC will ensure consistency across all project components and coordinate resettlement issues. Domestic Resettlement Specialist (RS), as part of the DCSM team, will be appointed to each RO. The RS will update and implement RPs following the guidelines in the PAM. The RS will work in the RO throughout the detailed design stage and intermittently thereafter. The Farmer Organizations in the affected area facilitate to implement the RPs, liaise with Displaced person regarding their entitlements, assist in the identification of vulnerable households and disburse compensation payments to Displaced person where appropriate. The list of responsible agencies is provided in Tables 7.

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Figure 2: Implementation Arrangements

ASD=Agrarian Services Department; DCSM=Design, supervision, and management consultants; MWSD=Ministry of Water Supply and Drainage; N =Northern Province; NW=North Western Province; NWSDB=National Water Supply and Drainage Board; PICC=Project Implementation Coordination Committee; PPCC= Provincial Project Coordination Committee; PSs=Pradeshiya sabhas; RS=Resettlement Specialist; RSC=Regional Support Center; UCs=urban councils.

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Table 7: Institutional Roles and Responsibilities

Activity Responsible Agency

Institutional Strengthening

Consultancy support to ROs EA/PCC

Training and support EA/PCC

FO support to ROs EA/PCC

Updating Resettlement Plans during Detailed Design

Conducting census RS

Calculating average values for entitlements LARC/FO/RS

Finalizing entitlement packages RS

Updating RP document RS

Public consultation on RPs and entitlements FO/RS

Incorporation of comments and finalizing RPs RS

Approval of RP ADB

Public disclosure of RPs PCC/RS/FO

RP Implementation

Internal and external monitoring RS/External Monitor

Conducting workshops, meetings, and consultations FO/RS

Allocation of RP budgets EA/PCC

Grievance redressal GRC/FO

Preparation of lists of entitled persons and entitlements RO/RS

Release of funds EA/PCC

ADB-Asian Development Bank, EA-Executing Agency, GRC-Grievance Redress Committee, LARC-Land Acquisition and Resettlement Committee, PCC-Project Coordinating Cell, RO-Regional Office, RP-Resettlement Plan, RS-Resettlement Specialist

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50. The MWSD is the Project’s EA and the NWSDB is the IA mandated to implement the bulk of the activities. NWSDB in close coordination with local authorities’ in Project towns is charged with implementing the sanitation improvement subcomponent. A small PCC established within NWSDB head office; the PCC will have a monitoring, coordination and supervisory role. The bulk of the activities are implemented by existing NWSDB ROs duly strengthened. Puttalam RO is responsible for water supply and sanitation development works in Chilaw and Puttalam. Staffing requirements for the PCC will consider both incremental staff for implementation and construction phases and long-term operation and maintenance, particularly considering functions required to successfully run the NWSDB- Northwestern Office. The Government and Northwestern Provincial Councils have agreed to provide adequate staff for implementation, which should be acceptable to ADB, and the associated costs will constitute part of their contribution to the Project. 51. A Project implementation coordination committee (PICC) established to oversee the Project at national level, and consist of senior-level representatives from central and provincial Government agencies. The PCC chaired by the secretary, MWSD, advice and guide the Project on strategic and policy decisions at national level. The PICC meet at least twice yearly, or as often as necessary. Provincial project coordination committees (PPCCs) established in Northwestern province to provide coordination at provincial level, oversee progress in urban sanitation, tank rehabilitation, and water resource management activities. The PPCCs meet quarterly. 52. Project Manager was appointed to head project implementation units within the RO4. PM and essential RO staff were appointed by Loan and Grant Negotiations. NWSDB appointed a focal point to the PCC, which regularly communicate ADB and the project managers. Core teams of NWSDB employees are assisting the 2 PMs, and included specialists in water supply, sewerage and sanitation, procurement, environment, finance and accounting, and social and community development. They are being supported by a project design, supervision and management consulting (DSMC) team headed by a team leader. The team of consultants assists in detailed design and construction supervision of water supply and sewerage. The ROs is responsible for (i) preparing the overall project implementation plan and consolidated annual work plan, (ii) jointly with PCC appoint project consultants and NGOs; (iii) helping the PID and Urban Councils (UCs) implement their respective components, (iv) implement septage and sewerage components jointly with urban councils in 4 project towns, (v) carrying out detailed surveys, investigations and engineering designs of their investment components; and approving design of the investment components prepared by all agencies before award; (vi) pre-qualifying contractors; (vii) preparing standard bid documents and conducting the procurement process to comply with ADB guidelines; (viii) monitoring the tendering process, reviewing the bid’s evaluation and preparing bid evaluation reports for approval by ADB; (ix) procuring equipment and services for water, sewerage and public awareness; (x) conducting community awareness and participation programs; (xi) ensuring project compliance with loan and grant covenants; (xii) coordinating with PCC and ADB on matters related to disbursements; (xiii) undertaking the institutional development assistance and capacity building programs; (xiv) maintaining project documents and submitting timely reports to ADB and the Government, including audit reports; (xv) organize monitoring and evaluation activities, and (xvi) supervise the implementation of the gender 4 They will be responsible to Deputy General Managers in their respective RSCs, under the clear understanding that,

in a matrix-based management approach, their performance will be also benchmarked against responsiveness to the PICC in meeting project-specific requirements.

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action plan and other activities under the summary poverty reduction and social strategy, (xvii) obtaining necessary clearances, and (xviii) arranging and securing quarterly PPCC meetings are conducted. 53. The PCC is accountable for (i) coordinating all activities at policy level and ensuring that PICC meetings are conducting quarterly; (ii) coordinating training programs and annual allocations to each of the ROs; (iii) conducting monitoring activities to secure Project compliance by ROs with loan covenants, agreed physical and construction targets; (iv) responsibility for the implementation of project performance management system (PPMS) surveys; (v) responsibility for overall project accounting and disbursement in accordance with ADB guidelines; (vi) overall responsibility for ensuring compliance with ADB’s loan covenants; and (vii) coordinating the preparation and submission to ADB of quarterly reports. 54. The PCC ensures consistency across all subprojects, coordinate resettlement issues. Domestic RSs appointed to each RO, who update and implement RPs following the guidelines developed during project preparation. Institutional Capacity 55. NWSDB will also strengthen NWSDB capability and processes related to resettlement by providing expertise, training and support in key areas. This will provide the necessary tools for managing the resettlement process during project implementation and enable NWSDB to deal with these issues in a similar manner on other future projects. The main support is as follows:

(i). Appointment of a domestic resettlement specialist to work in the RO throughout the detailed design stage and intermittently thereafter, to update RPs and manage and coordinate the resettlement process across the Project as a whole, ensuring consistency of approach and appropriate and timely provision of entitlements

(ii) Provision of training in resettlement and social issues and surveys, to enable

relevant workers to fulfill their role of monitoring the effectiveness of the resettlement process and making recommendations for change if necessary.

Institutional Responsibilities

56. Land acquisition and resettlement will be implemented jointly by the Divisional Secretariats, RO and the PCC. The Land Acquisition Officer and the Resettlement Specialist should handle land acquisition matters. The Land Acquisition Officer and the RS have to report to the PCC on land acquisition matters. 57. The land acquisition and resettlement process need to have adequate support staff and other office infrastructure in order to facilitate smooth implementation and documentation of the Project. 58. Resettlement issues across the Project as a whole will be managed and coordinated by a domestic Resettlement Specialist appointed to the RO. The main responsibilities of the RS will be to:

(i)Update RPs for each sub project, in accordance with the guidelines prepared f or

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the Project (ii) Supervise and monitor implementation of the RPs and take remedial action where necessary (iii) Monitor the work of GRCs in dealing with complaints and grievances and take action in updated RPs to address any recurring problems or complaints (iv) Establish procedures and systems for monitoring progress in resettlement implementation and recognizing and addressing any problem areas (v) Assist in the organization and implementation of public consultation and disclosure activities (including preparation of materials and delivery of presentations where necessary) (vi) Conduct internal seminars and training programs to raise awareness of the RO for resettlement issues (vii) Report each month to the PCC regarding the progress of resettlement issues.

Responsibilities of PCC/RO Related to Compensation Payment Process

(i) Inform Displaced person regarding payment schedule at least two weeks in advance.

(ii) Prepare the list of Displaced person and their corresponding entitlements with detailed breakdown of payments.

(iii) Encourage various representatives (Young Women’s Council and/or Farmer’s Organization) to witness the compensation payment process.

(iv) Ensure that Displaced person is aware of his/her rights and entitlements and amounts received against each entitlement are recorded.

(v) Document grievances if there are any. (vi) Sign as witness to the compensation activity. (vii) Obtain copies of all compensation forms made and prepare copies of all

compensation forms/documents. (viii) Prepare and update regularly list of Displaced person containing date of

payment made to the computerized database. (ix) APs will be given at least one-month’s notice prior to relocation to

resettlement sites or sites of their own choice. (x) All compensation, entitlements and other allowances will be paid to Displaced

person prior to any displacement or dispossession of assets. (xi) The project will ensure that the resettlement sites are ready with basic civic

amenities and have access to services and facilities similar to those available in land affected prior to actual move to the Displaced person.

The Responsibilities of the Displaced person during Compensation Process

(i) Bring necessary documents (title deeds or registration certifications, leases or rent agreements, sharecropping agreements etc)

(ii) Review carefully all compensation documents and ask RS clarification or explanation, if required. If Displaced person are not satisfied with the compensation payment, or if there is a disagreement between an Displaced person and LARC, the grievance redress committee should be approached for assistance

(iii) If Displaced person finds the compensation documents in order, they will sign the said documents and acknowledge receipt of the compensation payment. One copy of all compensation forms should be obtained

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(iv) Displaced person will clear the works area within the specified time provided by the Project, to facilitate construction work to begin.

M. Implementation Schedule 59. Resettlement activities will be coordinated within the program period as shown in Table 7. NWS&DB and ADB resettlement policies require that compensation for all resettlement impacts is provided before the loss is incurred, so Resettlement Plans will be prepared early in the design stage, and the process of arranging compensation and other entitlements will commence as soon as each RP has been approved. The related activities (survey, public consultation and disclosure, etc) will be phased throughout the year as shown in Table 8.

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Table 8: Schedule of Resettlement Implementation

Activity

2012 Months*

M1 M2 M3 M4 M5 M6 M7 M8 M9 M10 M11 M12 M13-M15

Completion of survey for finalizing number of APs ©

Finalization of RP Implementation Plan X X X X

Continuation of information sharing, consultations, and disclosure

X X X X X X X X X X X X X

AP meetings to agree on entitlements ©

SIA (Surveys) ©

Vulnerable APs identified ©

GRC meetings** Resettlement compensation and assistance **

Civil works X X X X X X Monitoring (throughout project period) X X X X X X X X X X X X X

* Month 1 (M1) starts November 2011 onward. **activities required if compensation plan implements X = Ongoing and future activities © = Completed activities N. Monitoring and Reporting 60. RP implementation will be monitored both internally and externally. ROs will have an RS to provide necessary technical assistance, monitor RP implementation and report on a quarterly/monthly basis to PCC on the progress of resettlement activities. 61. The ROs will be responsible for managing and maintaining Displaced person databases, documenting results of Displaced person census and verifying asset and socioeconomic survey data, which will be used as the baseline for assessing RP implementation impacts. The PCC will submit reports on resettlement progress to ADB for review. 62. Table 9 provides details on internal and external monitoring. Indicators were established to ensure attainment of the RP’s objectives. The various indicators and benchmarks will be monitored by means of two monitoring mechanisms: • Internal monitoring of process and output indicators • External monitoring by an independent monitoring agency or an independent

consultant/s to check the extent to which resettlement and rehabilitation objectives have been met.

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Table 9: Monitoring and Evaluation Indicators Table 3

Monitoring Aspects

Potential Indicators

Delivery of Entitlements

• Entitlements disbursed, compared with number and category of losses set out in the entitlement matrix. • Disbursements against timelines.

• Identification of the displaced persons losing land temporarily, e.g. through soil disposal, borrow pits, contractors’ camps, been included. • Timely disbursements of the agreed transport costs, relocation costs, income substitution support, and any resettlement allowances, according to schedule. • Provision of replacement land plots. • Quality of new plots and issue of land titles. • Restoration of social infrastructure and services. • Progress on income and livelihood restoration activities being implemented as set out in the income restoration plan, for example, utilizing replacement land, commencement of production, the number of the displaced persons trained in employment with jobs, microcredit disbursed, number of income-generating activities assisted.

Consultation and Grievances

• Consultations organized as scheduled including meetings, groups, and community activities. • Knowledge of entitlements by the displaced persons. • Use of the grievance redress mechanism by the displaced persons. • Information on the resolution of the grievances. • Information on the implementation of the social preparation phase. • Implementation of special measures for Indigenous Peoples.

• Number of general meetings (for both men and women). • Percentage of women out of total participants.

Communications and Participation

• Number of meetings exclusively with women. • Number of meetings exclusively with vulnerable groups. • Number of meetings at new sites. • Number of meetings between hosts and the displaced persons. • Level of participation in meetings (of women, men, and vulnerable groups). • Level of information communicated—adequate or inadequate. • Information disclosure. • Translation of information disclosure in the local languages.

Budget and Time Frame

• Land acquisition and resettlement staff appointed and mobilized on schedule for the field and office work.

• Capacity building and training activities completed on schedule. • Achieving resettlement implementation activities against the agreed

implementation plan. • Funds allocation for resettlement to resettlement agencies on time. • Receipt of scheduled funds by resettlement offices. • Funds disbursement according to the resettlement plan. • Social preparation phase as per schedule. • Land acquisition and occupation in time for implementation.

Livelihood and

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Income Restoration • Number of displaced persons under the rehabilitation programs (women, men, and vulnerable groups).

• Number of displaced persons who received vocational training (women, men, and vulnerable groups).

• Types of training and number of participants in each. • Number and percentage of displaced persons covered under

livelihood programs (women, men, and vulnerable groups). • Number of displaced persons who have restored their income and

livelihood patterns (women, men, and vulnerable groups). • Number of new employment activities. • Extent of participation in rehabilitation programs. • Extent of participation in vocational training programs. • Degree of satisfaction with support received for livelihood

programs. • Percentage of displaced persons who improved their income

(women, men, and vulnerable groups) • Percentage of displaced persons who improved their standard of

living (women, men, and vulnerable groups) • Number of displaced persons with replacement agriculture land

(women, men, and vulnerable groups) • Quantity of land owned/contracted by displaced persons (women,

men and vulnerable groups) • Number. of households with agricultural equipment • Number of households with livestock

Benefit Monitoring

• Noticeable changes in patterns of occupation, production, and resource use

compared to the pre-project situation. • Noticeable changes in income and expenditure patterns compared to the pre-

project situation. • Changes in cost of living compared to the pre-project situation. • Changes in key social and cultural parameters relating to living standards. • Changes occurred for vulnerable groups. • Benefiting from the project by the displaced persons.

A Internal Monitoring 63. The Project will provide training to selected staff in resettlement issues, social survey methods and data analysis and recording. The RO RSs in performing this role will support them. 64. Indicators, shown in Table 8 above, will be monitored internally by PCC. This information will be collected from the project site and documented, in the form of a monthly progress report, to assess whether resettlement is effective. Recommendations for changes will be made, where necessary and reported to the PCC. 65. Monthly progress reports will be prepared by the PCC, reporting actual achievements against targets and reasons for shortfalls, if any. The PCC will be responsible for managing and maintaining Displaced person databases, documenting results of Displaced person census and verifying asset and socioeconomic survey data. This be used as the baseline for assessing

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RP implementation impacts. The PCC will submit reports on resettlement progress to ADB for review. B External Monitoring 66. The PCC will also engage a consultant or an Independent Monitoring Agency (IMA) to conduct external monitoring of the resettlement process. The IMA will conduct Compliance Monitoring activities to check that entitlements have been provided as specified in the RPs. Social Impact Assessment (SIA) will determine whether compensation measures have mitigated the effects of the program and delivered intended social improvements. 67. Compliance Monitoring will focus on:

I. Determining whether Displaced person have been provided with compensation and other entitlements specified in the RP and have re-established their incomes and livelihoods to pre-project levels or better

II. Assessing the adequacy of the resettlement policies, resettlement management staff and structures, complaints and grievance procedures and resettlement budgets.

68. The IMA will be engaged at the commencement of the Project. External monitoring will be conducted following implementation of RP, at least six months after commencement of the resettlement process. The status of groups in relation to vulnerability and other factors will be assessed, together with gender impacts of the RPs. Information should be shared with authorized PCC staff including RS. 69. The findings of the external monitoring will be conveyed to PCC through monthly reports and meetings if necessary. PCC is responsible for submitting semi-annual consolidated internal monitoring and external monitoring report to ADB

C Resettlement Databank 70. All information concerning resettlement issues related to land acquisition, socioeconomic information of the acquired land and affected structures, inventory of losses by individual Displaced person, compensation and entitlements and finally payments and relocation will be collected and computerized by the PCC. This databank will form the basis of information for implementation, monitoring and reporting purposes and facilitate efficient resettlement management.

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II. DRAFT COMPENSATION PLAN

A. Background 71. The proposed Dry Zone Urban Water Supply and Sanitation Project aims to improve urban water supply and sanitation infrastructure and services in Sri Lanka’s dry zone. This will be through (i) improving and expanding infrastructure and services, (ii) strengthening institutions in the water sector for better service delivery and resource management, and (iii) building project management and implementation capacity in four towns namely: Chilaw, Mannar, Puttalam, and Vavuniya. 72. The subproject in Puttalam involves: (i) water supply augmentation; (ii) water treatment; (iii) distribution network improvement; and (iv) septage treatment. Water supply augmentation will provide piped water to Puttalam town. The water supply component is projected to provide water to over 75 thousand people in Puttalam (2030). An estimated 18,854 cubic meters per day of raw water will be taken from the Kala Oya and treated in a water treatment plant 2 kilometers near the southern edge of the tank. Treated water will then be distributed to urban and sub-urban centers of Puttalam. 73. The Eluwankulam Tank has been identified as a source of safe water supply to Puttalam. For this purpose the bund of the tank and associated structures will be rehabilitated to increase the tank’s capacity. A 3-m bund and causeway across the river has been used for about 20 years to abstract water from the Kala Oya. Water is transferred through an open clay-lined canal to Eluwankulam Tank 1-km south of the causeway, from where it feeds, via sluices, into irrigation systems. Close to the Eluwankulam Tank, there is another smaller abandoned tank called Achchmoolai Tank.

74. Abstraction and storage capacity of these facilities will be improved through:

(i) replacing sluice gates on the Kala Oya causeway to improve control of abstraction; (ii) increasing the capacity of Eluwankulam and Achchmolai Tanks by dredging silt from

the bed of each tank and clearing vegetation from the bed and bunds; (iii) raising the crest of each bund by 200 millimeters (mm), incorporating reinforced

cement concrete (RCC) sluices to control discharge and adding earth and stone facing to eroded parts of Achchmolai Tank;

(iv) de-silting the existing 1-km channel between the causeway and Eluwankulam Tank, and building a new channel from Eluwankulam feeder canal to Achchmoolai Tank; and

(v) building an RCC intake well plus short canals with sluice gates from the two tanks, to provide a sufficient depth of water for pumping.

75. To increase the capacity of Eluwankulam tank, construction work has to be carried out. While all engineering solutions will be explored to avoid causing disruption to livelihood, construction work may require lowering water levels. The lowered water level can affect at most one Yala season. Should this be the case, farmers will be unable to cultivate for one season and farm wage laborers will lose income for one season. To reduce impacts on affected persons (APs), six months advance notice will be provided to all APs. This will enable APs to make alternative arrangements during tank construction.

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76. Farmers and farm laborers whose farms and employment will be affected considered APs. APs are to be identified and paid compensation based on the RP. In addition, this Compensation Plan will be followed for APs. Several public consultations were organized in developing this Compensation Plan and to inform APs about the project and impacts on APs. These consultations are documented in the RP. All APs consulted agreed to the Compensation Plan. Minutes of the meeting annexed in appendix 5 and appendix 6. At the time of the consultation in 2008 it was assumed to commence the civil works in 2010. 77. However, at the meeting held on June 28, 2011 the farmers informed that making the tank bed dry will facilitate proper cleaning/dredging. Therefore they agreed to forgo single Yala cultivation to facilitate renovation. The farmers unanimously agreed and announced that they do not want any compensation for the missing Yala season; instead they requested to make use of the fund for the rehabilitation of the tank. The minutes of the meeting attach in appendix 2. But, in case if the project requires more than one Yala season for renovating the tank, the draft compensation plan should be updated and implemented for the affected farmers to restore their livelihood. B Losses Identified 78. A survey of farmers was undertaken, and losses were also ascertained through consultations and site visits. There are two types of losses due to the subproject component: lost livelihood from losing paddy production and consequent income, the APs in this case are farmers; and lost livelihood from losing agricultural wages, in this case the APs are the farm wage laborers. C Compensation and Livelihood Restoration 79. Based on anticipated losses, the draft entitlement to compensation and assistance measures for the Puttalam subprojects is shown in the Entitlement Matrix (Table 5). The standard prescribed in the entitlement matrix will not be lowered. 80. Based on data from the Department of Irrigation, 366 acres of paddy land are under cultivation. These 366 acres will be eligible for compensation if they are farmed until the season before the construction works lower the water level. The 366 acres are cultivated by 118 farmers. Records, site visits, and consultations confirm that all 118 farmers are titled owners and that there is no unauthorized cultivation or encroachers. At the time of when construction works lowers the water level, any person whose farm relies on the use of Eluwankulam Tank for cultivation and their farm wage laborers will be considered APs. Expected APs are: (i) affected male and female farmers (land owners); and (ii) male and female wage laborers. However, the compensation plan needs updates if it implements. 81. The names of farmers involved in agriculture activities under the Eluwankulam irrigation scheme are available in the Paddy Land Registry (PLR) at the Agrarian Service Center (ASC). The farmer organization governing farming activities in the Eluwankulam scheme also has a list of farmers under the scheme. The farmer organization, on the basis of the PLR will prepare a name list of farmers and the respective area of land cultivated under the Eluwankulam irrigation scheme. The list will be authenticated by the Divisional Officer of the Agrarian Services Department and the Department of Irrigation. The authenticated list will comprise eligible farmer APs. Farmers on the authenticated list will, through the farmer

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organization, identify wage laborers they are employing. This list will comprise eligible farm wage laborers. 82. Arrangements will be made with Department of Irrigation to save rain water during the Maha season soon after the missed Yala season. Therefore, the tank will have water at increased capacity which can cover both irrigation and drinking water supply needs. The Agrarian Services will make seed available for farmers to purchase in the following season. A Food Security Training Program will be provided to the farming community to cope with any possible impacts. Cultivation is expected to be at usual levels following the missed season and wage laborers will only experience one season of lost wages. There are currently an estimated 118 farmers and 49 wage laborers in the 366 acres being farmed. Vulnerable APs will be given priority in project construction employment.

83. In the event that the contractor fails to complete the construction work as scheduled or rainwater is not saved in the tank during the Maha season. Further compensation for one season will be provided by the EA. 84. Preliminary compensation amounts were agreed during meetings with stakeholders to estimate the cost for compensation (appendix 6). Based on these discussions, farmers agreed to Rs.10,000.00 per acre. This is based on reported harvests and prices. The average profile is provided as follows:

Table 9 Annual Paddy Cultivation Cost per Acre:

Activities Input Cost

Land Preparation Rs.4500.00

Seed paddy Rs.1500.00

Sowing Charges Rs.1500.00

Fertilizer Rs.1100.00

Pest Management Rs.3600.00

Harvesting Rs.600.00

Threshing Rs.2500.00

Labor cost Rs.3500.00

Total Rs.24200.00

Harvest per acre: 1950 Kg Selling Cost per Kg.: Rs.23.00 Selling cost per acre: Rs.44850.00 Input cost: Rs.24200.00 Annual Net profit: Rs.20650.00

85. Considering daily average income of the wage laborers at Rs 400 and the average amount of days worked in a 3-month season at 35 to 40 days, the monthly compensation will be Rs 5,500.00 per laborer. This will be provided for the duration of the loss which is estimated at three months. These will be finalized as described below.

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D. Compensation Plan Implementation 86. The Compensation Plan will be carried out in a participatory manner, in which stakeholder concerns are taken into account at all stages of the subproject, especially, during the planning and implementation stages. The following committee (Hereinafter referred to as Compensation Committee) will be functioned during the implementation of the Compensation Plan. The Compensation Committee will play four roles to facilitate the compensation process as follow:

(i) Compensation entitlement (ii) Monitoring (iii) Grievance redress (iv) Compensation disbursement

87. The Compensation Committee will have the following members to represent all the stakeholders.

(i) Project Manager (PM) to represent NWSDB (ii) Divisional Secretary (iii) Representatives from the Displaced person, that will include women and representatives of ethnic minority communities, as relevant, to reflect the composition of APs (iv) Representative from Department of Irrigation (v) Representative from Department of Agrarian Services and Agriculture (vi) Representative of Farmer Organization (vii) Resettlement Specialist as an independent representative

88. The detail of this draft compensation plan is not final, displaced person and the stakeholders will be consulted. The compensation committee will represent all APs and stakeholders and will lead the finalization of the Compensation Plan in accordance with the schedule below.

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Table 10: Implementation Schedule

Activity Activity

M1 M2 M3 M4 M5 M6 M7 M8 M9 M10 M11 M12

i. Consultation with APs (the Compensation Committee will hold a minimum of 2 consultations to explain the draft compensation plan).

X X X

ii. Disclosure of information X X X X X X X X X X X X iii. Completion of the list of APs X X X X iv. Verification of documents X X

v. Review of list and documents by the Compensation Committee X

vi. Display of authenticated AP list and addressing any grievances X X X

vii. Finalization of the list and re-posting X X

viii.GRC meetings X X X X X X X

ix. Payment of compensation X X x. Start of civil works X xi. Monitoring X X X X X X X X X X X X

E. Grievance Redress, Consultation and Disclosure, Monitoring and Evaluation, and Budget 89. The Compensation Committee will act as GRC for APs affected by the tank works. The grievance redress mechanism will be the same as that described in Section I of the RP. The Compensation Committee will also ensure that consultation and disclosure, as well as monitoring and evaluation, is undertaken in accordance with the RP. The budget for the Compensation Plan is provided in Table 11.

Table 11: Budget

i. Compensation for farmers (366 acres @ Rs.10,000.00) 3,660,000.00

ii. Compensation for wage laborers (60 No @ Rs.5500.00@ 03 Months) 990,000.00

iii. Detailed survey to determine entitlement and vulnerability 200,000.00

iv. Administrative costs and other expenditures 100,000.00

v. Food Security Training Program and 100,000.00

vi. Special Grant to Vulnerable Household (10HH @ Rs. 15,000.00) 150,000.00

Total Cost 5,200,000.00

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Appendix 1: Puttalam Subproject Components and Resettlement Impacts Infrastructure Function Description Location Resettlement impact

1. WATER SUPPLY 1.1 Supply Augmentation

Repairs to existing weir/causeway

Improve retention of water to allow increased abstraction into nearby storage reservoirs (irrigation tanks)

Replacing timber sluices with metal gates, plus small scale concreting to form gate supports.

Existing structure located across the bed of the Kala Oya (river) alongside the army camp at Eluwankulama, 4 km from the south

No resettlement impact, work will be on existing structures.

Rehabilitation of Eluwankulam Tank

Increased the storage capacity of Eluwankulama tank

Removal of silt and vegetation from bed of tank by bulldozer in the dry season. Addition of earth to raise of crest of bund and creation of new Reinforced Cement Concrete

At Eluwankulama, approximately 2 km south of the existing causeway

Farmers will have to forego one Yala cultivation to facilitate tank renovation (Farmers agreed to forgo one season)

Rehabilitation of Achchmolai Tank

Store water to be used in drought period

Same repairs as at Eluwankulama: de-silting and vegetation removal; crest raising; creation of RCC sluice. Plus addition of earth and rip-rap to repair eroded bank

Immediately east of Eluwankulama tank

Rehabilitation of canal to Eluwankulam Tank

Improve flow of raw water by gravity from impounded area to storage in Eluwankulama Tank

Removal of silt and vegetation from existing clay-lined open canal

Running from the causeway to Eluwankulama Tank

No resettlement impact as work will be within existing structures.

New intake to Achchmolai Tank

Transfer water from the weir to Achchamolai Tank by gravity flow

New clay-lined open canal, with RCC sluice near intake

From the intake to Achchamolai Tank

No resettlement impact canal will be through vacant and government land.

Intake Well Retain water from Achchamolai tanks in sufficient depth for pumped abstraction

RCC well with sluice gates to control entry of water

Close to sluice discharge from Achchamolai Tank

No resettlement impact intake well will be in vacant and government land.

Raw Water Pump House

Pump water from intake well to Treatment Plant

Cylindrical RCC pump house on top of intake well containing 3 submersible pumps

Above the intake well No resettlement impact pump house will be in vacant and government

41

Infrastructure Function Description Location Resettlement impact land.

Raw Water Transmission Main

Convey water from intake well to Treatment Plant DI (Ductile Iron) pipe

Buried in a trench alongside the unmade rural road between intake well and new WTP

No resettlement impact mains will be in vacant ROW which is government land.

1.2 Water Treatment Rehabilitation of existing Water Treatment Plant

Improve the efficiency and performance of the existing treatment works

Removal and replacement of sand and gravel filters in existing tanks

Along the Puttalam to Anuradhapura Road around 2 km east of Puttalam Town

No resettlement impact as work will be within existing structures.

Mixing Chamber

Mixing of groundwater from existing tube-wells and surface water from Kala Oya to improve groundwater quality

Addition of pipe-work and pumps to an existing RCC tank at the present WTP At the existing WTP site

No resettlement impact as work will be within existing WTP site.

New Water Treatment Plant (WTP)

Treat raw water from Kala Oya to national drinking water quality standards for supply to consumers

Series of open and closed RCC tanks in a 2 ha area, providing aeration, sedimentation, sand and gravel filtration and chlorination

Government land at Eluwankulama, around 3 km south of Eluwankulama and Achchamolai tanks

No resettlement impact as work will be within a 2 ha vacant government land.

Ground Storage Tank

Temporary storage of treated water prior to distribution

Two RCC tanks of 1000 m3 capacity built 2 m above and below ground

At the new WTP site at Eluwankulama

No resettlement impact as work will be within same site as above.

1.3 Distribution System

Treated water Transmission Main

Convey treated water from the new WTP to existing overhead reservoirs in the town

33 km of DI or HDPE (High Density Poly Ethylene) pipe, 400 mm in diameter

In Right of Way (RoW) alongside the main Puttalam-Eluwankulam Road

Possible temporary loss of access to houses ,shops and common property resources.

Ground Reservoir

Store water prior to distribution and provide a head of water for distribution by gravity

Ground Reservoir Kalladiya

No resettlement impact as work will be within 0.4 Ha vacant government land.

Distribution Main

Convey treated water from ORs towards the served areas

28.5 km of DI or HDPE pipes, 200-400 mm in diameter

In RoW alongside paved roads in the town

Possible temporary loss of access to houses, shops and common

42

Infrastructure Function Description Location Resettlement impact property resources.

Distribution Pipes Convey water to customers 64 km of UPVC pipes, 90-300 mm in

diameter

Buried in trenches alongside public roads in area administered by the Divisional Secretary

Possible temporary loss of access to houses ,shops and common property resources.

2. SANITATION 2.1 Septage Collection

1 new vacuum tanker vehicles

Collect partially decomposed sewage from septic tanks

Tanker vehicles with vacuum pump and flexible pipes of ca 200 mm diameter

Provided to the Urban Council for use to empty septic tanks in the town

No resettlement impacts.

2.2 Septage Treatment

Treatment system

To separate and treat liquid and dry the solid material prior to disposal

Three thickening beds; ten drying beds; two anaerobic ponds and one reed-bed treatment pond. All of mass concrete construction with UPVC pipes to carry liquid and sludge between ponds

5 km away from Puttalam town Dumping ground site at Manalkundu.

No resettlement impact as work will be within a 0.75 ha vacant government land.

338 household toilets

Improve domestic sanitation and public health in un-sewered areas

Small brick and masonry hut, with pour-flush latrine and earth soakage pit

Villages located alongside the new water transmission main that will also be provided with a new water supply

No resettlement impacts.

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Appendix 2: Minutes of the Meeting with farmers of Eluwankulama

49

Appendix 3: Transect Walk Results

C A B

DD

50

Table 1: Shops-Main Roads Transect

No Length

(m) Location No of Shops Shop Keeper

Average shop income / Day

Rs

Average rent per

month Rs

Owner Tenant No of Employees

Main 01 1100 Kurunegala Road (From A/pura Junction to K.gala Junction)

65 45 20 133 40500.00 37000.00

Main 02 4100 Colombo Road (From K.gala Junction to Palawiya Junction)

110 88 22 255 75250.00 2950.00

Main 03 1700 Mannar Road (From Saltern Junction to Ku.gala Junction)

79 60 19 139 25175.00 6150.00

Table 2: Shops-Minor Roads

Transect No

Length (m) Location No of

Shops Shop Keeper Average shop income / Day Rs

Average rent per

month Rs

Owner Tenant No of Employees

Minor 04 5200 Kurunegala Road (from A/pura Junction to Thammennagama)

13 09 04 09 3150.00 2700.00

Minor 05 270 Kurunegala Road (From Hijra tower Junction to ku/gala Road)

31 25 06 84 40000.00 20000.00

Minor 06 900 Poles Road (From Church junction to Clock tower Junction)

31 31 75 19000.00

Minor 07 1400 Old A/pura Road (From Clock Tower Junction up

to water Board)

07 01 06 09

8500.00 3500.00

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Table 3: Hawkers-Main Roads

Transect No

Number of Main Hawking activities Average Income

Per day Rs Average Rent Per Day Rs Hawkers

A B C D E F G H I J K

Main 01 66 06 01 03 43 01 01 04 01 04 01 01 3150.00 200.00

Main 02 03 01 02 1275.00 100.00

Main 03 A - Fruits B - Cool spots C - Beetle Seller D - Cloths E - Shoe Maker F - Hand Tools G - Fancy Goods H - Watch Maker I - Lottery Tickets J - Video Shop K - Toys

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Table 4: Hawkers-Minor Roads

Transect No

Number of

Main Hawking Activities Average Income Per day Rs Average

Rent Per Day Rs Hawkers

A B C D E F G Minor 04 Minor 05 Minor 06 02 01 01 2500.00 100.00

Minor 07 06 01 02 02 01 1000.00 70.00

A - Lottery Ticket B - Books/Stationery C - Tea Room D - Scrap Metal Collector E - Welding Shop F - Fruits G - Electronic Goods

Table 5: Main Types of Shops Transect

No 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17

Main 01 02 18 - - 04 04 04 - -- 03 Main 02 04 08 07 02 02 01 06 02 02 01 03 02 15 01 05 19 02 Main 03 02 03 03 - 02 01 01 01 01 01 02 -- 02 09 01 Minor04 03 - - 02 05 Minor05 01 03 - 01 - 01 03 01 Minor06 01 - 03 - 02 03 01 - 01 Minor07 - - - 01 01 01

53

Transect No 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34

Main 01 09 - 01 - 02 01 - Main 02 03 01 01 04 01 02 02 01 03 02 03 01 02 01 01 Main 03 -- 04 01 -- 01 01 01 Minor04 -- -- 02 Minor05 -- 05 -- Minor06 01 03 - 01 - 01 - 01 Minor07 -- 01 Transect

No 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51

Main 01 01 - 01 01 - 01 06 02 02 04 Main 02 -- -- -- Main 03 01 06 - 02 - - 01 01 - 05 18 Minor04 -- -- -- Minor05 04 - - - 03 - - 01 Minor06 01 01 01 05 01 01 01 01 Minor07 -- -- --

Transect

No 52 53 54 55 56 57 58 59 60 Number of Shops

Main 01 - 65 Main 02 - 110 Main 03 01 01 01 01 01 01 79 Minor04 01 - 13 Minor05 01 02 04 31 Minor06 - 31 Minor07 02 01 - 07

1 Motor spare parts / Cycle spare parts 2 Hotel 3 Electrical Goods 4 Books / Stationeries

5 Fish net 6 Computer sale / repair 7 Communication 8 Phone shop

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9 Bag shop 10 Ayurvedic drugs 11 Saloon 12 Animal feed 13 Garage 14 Cool spot 15 Domestic hardware 16 General stores 17 Furniture 18 Tire centre 19 Reception hall 20 Gas filling centre 21 Textiles 22 Auto AC 23 Video shop 24 Beef / chicken stall 25 Electronic goods repair 26 Pharmacy 27 Filing station 28 Tailoring shop 29 Bake house 30 Salt whole sale 31 Beauty saloon 32 Lathe machine 33 Dry fish 34 Ceramic 35 Pots and cane 36 Grinding mills 37 Fancy goods 38 Medical centre 39 Medical laboratory 40 Sporting centre 41 Aluminum works 42 Fish seller 43 Watch repair 44 Courier service 45 Service station 46 Shoes 47 Studio

48 Florists 49 Fruits 50 Pawning centre 51 Jewelries 52 Welding shop 53 Cushion works 54 Bottled water 55 Agro- chemical 56 Laundry 57 Printers 58 Toddy bar 59 Cycle centre 60 Company branches

55

Table 6: Face to Face Consultations

Impact Proposed Mitigation Total no of persons

No who consider proposed mitigation is

acceptable

Other comments or suggestions from consul

tees interviewed No Yes

Most and sewer pipes Take waste Quickly for disposal 42 10 32 will be located alongside roads, so

Cover or water soil & sand kept on site 42 08 29

people may be disturbed by noise and dust from the construction

Cover soil & sand when carried on Trucks 42 07 26

Use modern vehicles and machinery 42 10 32

Plan work with community – avoid working at sensitive times 42 10 32

Heavy vehicles in town Complete work quickly 42 10 32 may disturb people and Plan routs to avoid narrow roads 42 03 21 traffic Avoid delivering when roads are

crowded 42 09 31

Shops and hawkers Provide diversions when needed 42 10 30 may lose some business temporarily

Planks to enable people to cross trench 42 10 30

Metal plates to allow vehicles across 42 09 32

Drains will be cleared, Tell people about work in advance 42 10 32

which might cause some smell

Compensate business and hawkers for lost income 42 10 32

Additional comments Take material for disposal quickly 42 09 30

56

Appendix 4: Comparison between the Borrower and ADB’s Involuntary Resettlement Policy

ADB Policy on Involuntary

Resettlement 2003 Sri Lanka National Involuntary

Resettlement PolicyGaps Between ADB

Policy and NIRP

Involuntary resettlement should be avoided wherever feasible.

Involuntary resettlement should be avoided or reduced as much as possible by reviewing alternatives to the project as well as alternatives within the project.

No difference between ADB policy and NIRP on this issue.

Where population displacement is unavoidable, viable livelihood options should be provided to minimize the impact.

Where involuntary resettlement is unavoidable, displaced person should be assisted to re-establish themselves and improve their quality of life.

The NIRP concurs with ADB policy on this issue.

If individuals or a community must lose all or part of their land, means of livelihood, or social support systems, so that a project might proceed, they will be compensated and assisted through replacement of land, housing, infrastructure, resources, income sources, and services, in cash or in kind, so that their economic and social circumstances will be at least restored to the pre-project level. All compensation is based on the principle of replacement cost.

Replacement land should be an option for compensation in the case of loss of land; in the absence of replacement land cash compensation should be an option for all affected persons. (Replacement cost is based on market value before the project’s acquisition. In the absence of functioning markets, a compensation structure is required that enables displaced person to restore their livelihoods to levels at least equivalent to those maintained at the time of dispossession, displacement, or restricted access.) Compensation for loss of land, structures, other assets and income should be based on full replacement cost and should be paid promptly. This should include transaction costs.


Each involuntary resettlement is conceived and executed as part of a development project or program. During project preparation, ADB and the EA or project sponsor/s assess the opportunities for displaced person to share project benefits. The displaced person need to be provided with sufficient resources and opportunities to re-establish their livelihoods and homes as soon as possible, with time-bound action in coordination with the civil works.

Resettlement should be planned as a development activity for the displaced person.


57

Displaced person are to be consulted on compensation and/or resettlement options, including relocation sites, and socio-economic rehabilitation. Pertinent resettlement information is to be disclosed to the displaced person at key points, and specific opportunities provided for them to participate in choosing, planning and implementing options. Grievance redress mechanisms for displaced person are to be established. Where adversely displaced person are vulnerable groups, resettlement planning decisions will be preceded by a social preparation phase to enhance their participation in negotiation, planning and implementation.

Affected persons should be fully involved in the selection of relocation sites, livelihood compensation and development options at the earliest opportunity.

NIRP complies with ADB policy in most respects. However stakeholder involvement mainly involves provision of information and there is no specific mechanism for APs to participate actively in choosing, planning or implementing resettlement options. NIRP does not disclose about the establishment of Grievance redress mechanisms for displaced person

Institutions of the displaced person, and where relevant, of their hosts, are to be protected and supported. Displaced person are to be assisted to integrate economically and socially into host communities so that adverse impacts on the host communities are minimized and social harmony is promoted.

Common property resources and community and public services should be provided to displaced person. To assist those affected to be economically and socially integrated into the host communities; participatory measures should be designed and implemented.


The absence of a formal legal title to the land is not a bar to compensation and entitlement policy.

Affected persons who do not have documented title to land should receive fair and just treatment.


Displaced person are to be identified and recorded as early as possible in order to establish their eligibility through a population record or census that serves as an eligibility cutoff date to prevent a subsequent influx of encroachers or others who wish to take advantage of such benefits.

…….

The NIRP does not mention establishing a population record through census.

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Particular attention must be paid to the needs of the poorest APs, and vulnerable groups that may be at high risk of impoverishment. This may include those without legal title to the land or other assets, household headed by females, the elderly or disabled and other vulnerable groups, particularly indigenous peoples. Appropriate assistance must be provided to help them improve their socioeconomic status.

Gender equality and equity should be ensured and adhered to throughout the policy. Vulnerable groups should be identified included. and given appropriate assistance to substantially improve their living standards

NIRP complies with ADB policy in most respects. Nevertheless, the NIRP does not define the term “vulnerable groups”, but gender mitigation is Included

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Appendix 5: Minutes of the Consultation with farmers to inform the proposed water supply project to Puttlam town

64

Appendix 6: Minutes of the Consultation with farmers to inform the entitle matrix for compensation

69

Appendix 7: List of the paddy land owners who have been cultivating under the command area of Eluwankulam

74

Appendix 8: Photo illustration

The farmers of Eluwankulam who attended the meeting

Paddy Cultivation in Eluwankulam Abondoned tank in Achchimoolai

Discussion with the PS Wannthiwillu Discussion with Puttalam UC

resettlement implementation plan · resettlement implementation plan this report has been submitted...

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