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Resettlement Planning Document Resettlement Plan Document Stage: Final Project Number: 37269 January 2007 Cambodia: GMS Rehabilitation of the Railway in Cambodia Project The resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB’s Board of Directors, Management, or staff, and may be preliminary in nature. Prepared by Ministry of Public Works and Transport, Kingdom of Cambodia

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Page 1: Resettlement Planning Document - INDRindr.org/wp-content/uploads/2013/08/149-GMS... · ˜˜H3.3 Expenditure ... ˜˜H12.1 Ministry of Public Works and Transport – Project Management

Resettlement Planning Document

Resettlement Plan Document Stage: Final Project Number: 37269 January 2007 Cambodia: GMS Rehabilitation of the Railway in Cambodia Project The resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB’s Board of Directors, Management, or staff, and may be preliminary in nature.

Prepared by Ministry of Public Works and Transport, Kingdom of Cambodia

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KINGDOM OF CAMBODIA

GMS Rehabilitation of the Railway in Cambodia

ADB – TA: 6251 REG

RESETTLEMENT PLAN

October 2006

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T A B L E O F C O N T E N T S HAcronyms and Abbreviations.............................................................................................. ��Hv

�HEXECUTIVE SUMMARY...................................................................................................... ��Hvii �H1. PROJECT BACKGROUND............................................................................................ ��H1

�H2. SCOPE OF LAND ACQUISITION AND RESETTLEMENT ........................................... ���H2

�H2.1 Minimizing Resettlement Impacts........................................................................ ���H2

�H2.2 Summary Scope of Land Acquisition and Resettlement................................... ���H2

�H2.3 Households Whose Main House and/or Shops Will Be Affected ..................... ���H3 �H2.3.1 Types of Households According to Occupancy of Structure ............................... ���H3

�H2.4 Impacts on Main Houses and/or Shops are Affected ........................................ ���H4 �H2.4.1 Affected Structure Within COI ............................................................................. ���H4 ��H2.4.2 Type of Affected Houses According to Materials Used ....................................... ���H5 ��H2.4.3 Type of Affected Houses cum Shops or Shops According to Materials Used..... ���H5 ��H2.4.4 Average Floor Area of Affected Houses (in square meters)................................ ���H5 ��H2.4.5 Average Floor Area of Affected Houses cum Shops (in square meters)............. ���H5 ��H2.4.6 Average Floor Area of Affected Shops/Stalls (in square meters) ........................ ���H6 ��H2.4.7 Types of Trees Affected ...................................................................................... ���H6 ��H2.4.8 Types of Affected Secondary Structures............................................................. ���H7

��H2.5 Households Who Will Lose Secondary Structures and Trees.......................... ���H7

��H2.6 Impacts on Structures of Business Owners and Public Infrastructure ........... ���H7

��H2.7 Bamboo Rail Transport Operators ...................................................................... ���H8 ��H2.7.1 Source of Information .......................................................................................... ���H8 ��H2.7.2 Characteristics of Bamboo Rail Transport Operators.......................................... ���H8 ��H2.7.3 Existing socioeconomic conditions of BRTOs ................................................... ���H10 ��H2.7.4 Impacts of the project on BRTOs and villagers ................................................. ���H17 ��H2.7.5 GENDER ISSUES............................................................................................. ���H18

��H3. SOCIO-ECONOMIC PROFILE ..................................................................................... ���H22

��H3.1 Findings of the Census and Inventory of Losses ............................................ ���H22 ��H3.1.1 Monthly Rental (in US Dollars) .......................................................................... ���H22 ��H3.1.2 Land Ownership/Claims Outside of the Project Area ........................................ ���H22 ��H3.1.3 Type of Vulnerability of Affected Households.................................................... ���H23 ��H3.1.4 Gender of Household Head............................................................................... ���H23 ��H3.1.5 Age of the Household Head (in years) .............................................................. ���H23 ��H3.1.6 Ethnicity of the Household Head ....................................................................... ���H24 ��H3.1.7 Monthly Income of Affected Households and Shop Owners (in US dollars) ..... ���H24 ��H3.1.8 Job/Employment/Source of Income .................................................................. ���H24 ��H3.1.9 Education of the Household Head..................................................................... ���H25 ��H3.1.10 Distance of Work Place (in kilometers).......................................................... ���H26 ��H3.1.11 Preferred Relocation Option.......................................................................... ���H26 ��H3.1.12 Type of Relocation Assistance ...................................................................... ���H26 ��H3.1.13 Assistance for Livelihood and Income Restoration........................................ ���H26 ��H3.1.14 How Compensation Money is Going to Be Utilized....................................... ���H27

��H3.2 Findings of the Socio-Economic Survey .......................................................... ���H27

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��H3.3 Expenditure.......................................................................................................... ���H27

��H3.4 Basic Facilities .................................................................................................... ���H28

��H3.5 Access to Basic Services................................................................................... ���H28

��H3.6 Government/NGO Assistance Received ........................................................... ���H29

��H3.7 Perception of Community Problems ................................................................. ���H30

��H3.8 Awareness and Opinion of the Proposed Project............................................ ���H31

��H4. LEGAL FRAMEWORK AND POLICIES ...................................................................... ���H33

��H4.1 GOVERNMENT’S LEGAL FRAMEWORK........................................................... ���H33

��H4.2 ADB’s Policies..................................................................................................... ���H35

��H5. PROJECT PRINCIPLES............................................................................................... ���H38

��H6. PROJECT ENTITLEMENTS......................................................................................... ���H40

��H6.1 Definition of Replacement Cost ......................................................................... ���H40

��H6.2 Project Entitlements............................................................................................ ���H40

��H7. CONSULTATION, PARTICIPATION AND DISCLOSURE .......................................... ���H47

��H7.1 During RP Planning............................................................................................. ���H47

��H7.2 During RP Updating and Implementation ......................................................... ���H49

��H7.3 Disclosure............................................................................................................ ���H49

��H8. GRIEVANCE MECHANISM.......................................................................................... ���H51

��H9. RELOCATION STRATEGY.......................................................................................... ���H52

��H9.1 Scope of Relocation............................................................................................ ���H52

��H9.2 Main principles .................................................................................................... ���H52

��H9.3 Resettlement strategy......................................................................................... ���H53

��H9.4 Preferred option by aps...................................................................................... ���H54

��H9.5 Resettlement sites............................................................................................... ���H54

��H9.6 Previous experience of relocation in the poipet area ...................................... ���H56 ��H9.6.1 Characteristics of the Project ............................................................................ ���H56 ��H9.6.2 Situation of the Resettlement Site in 2003 ........................................................ ���H56 ��H9.6.3 Lessons Learned............................................................................................... ���H57

��H10. INCOME RESTORATION STRATEGY .................................................................... ���H59

��H10.1 severely affected households, poor and vulnerable aps ................................ ���H59 ��H10.1.1 Vocational Training........................................................................................ ���H59 ��H10.1.2 Project-related employment .......................................................................... ���H60 ��H10.1.3 Subsistence Allowance During Transition Period Until Incomes are Restored���H61 ��H10.1.4 Special Assistance for Vulnerable Groups During Transition Period Until Incomes are Restored ................................................................................................................. ���H61

��H10.2 Bamboo Railway train operators ....................................................................... ���H61 ��H10.2.1 Demands from BRTOs .................................................................................. ���H61 ��H10.2.2 Proposed Income Restoration Strategy ........................................................ ���H61

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��H11. ETHNICITY, GENDER AND VULNERABILITY ISSUES ......................................... ���H63

��H12. INSTITUTIONAL ARRANGEMENTS ....................................................................... ���H65

��H12.1 Ministry of Public Works and Transport – Project Management Unit ............ ���H65

��H12.2 Provincial Resettlement Sub-Committee (PRSC)............................................. ���H65

��H12.3 Project Supervision Consultants....................................................................... ���H66

��H12.4 NGO ...................................................................................................................... ���H67

��H13. IMPLEMENTATION SCHEDULE ............................................................................. ���H68

��H14. MONITORING AND EVALUATION.......................................................................... ���H70

��H14.1 Internal Monitoring.............................................................................................. ���H70

��H14.2 Independent Monitoring ..................................................................................... ���H70 ��H14.2.1 Objectives...................................................................................................... ���H70 ��H14.2.2 Agency Responsibilities ................................................................................ ���H70 ��H14.2.3 Monitoring and Evaluation Indicators ............................................................ ���H70 ��H14.2.4 Methodology.................................................................................................. ���H71 ��H14.2.5 Post-Evaluation ............................................................................................. ���H72

��H15. RP BUDGET ............................................................................................................. ���H73

��H15.1 Establishment of Unit Rates............................................................................... ���H73

��H15.2 RP Budget Estimates.......................................................................................... ���H81

A N N E X E S Annex 1a Community Meetings Annex 1b Public Consultation In Poipet Commune Annex 1c Report on Poipet Consultation Meetings Annex 2 Public Information Booklet Annex 3 TORs for income restoration program design and implementation

Annex 4 Information Guide to the Consultation Phase of the ADB Accountability Mechanism

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Acronyms and Abbreviations

ADB Asian Development Bank AP Project Affected Person COI Corridor of Impact DMS Detailed Measurement Survey EA Executing Agency FGD Focus Group Discussion IMA Independent Monitoring Agency IOL Inventory of Losses IRC Inter-Ministerial Resettlement Committee km. Kilometer m. Meter MEF Ministry of Economy and Finance MPWT Ministry of Public Works and Transport PIB Project Information Booklet PMU Project Management Unit PRSC Provincial Resettlement Sub-Committee PRSC-WG Provincial Resettlement Sub-Committee Working Group RCS Replacement Cost Study ROW Right-of-Way RP Resettlement Plan RU Resettlement Unit SES Socio-Economic Survey TA Project Preparation Technical Assistance TOR Terms of Reference

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Definition of Terms

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

Cut-off Date The cut-off date for eligibility for entitlements is the completion of the census and Inventory of losses (June 2006). During IOL, ID cards were posted on all affected houses. This date is set to avoid new encroachers into the ROW. However, new APs could be found during the DMS due to change in design.

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

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

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

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

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

Rehabilitation Rehabilitation measures include re-establishment of incomes, livelihoods and social systems. Measures include (a) restoration of access to public facilities, infrastructure and services, (b) mitigation of the loss of access to cultural sites, public services, water resources, grazing or forest resources through the establishment of access to equivalent or culturally acceptable resources and income-earning opportunities. These measures are determined in consultation with affected communities, even when their rights are not formally recognized in national legislation.

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

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

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

Severely Affected Person It is defined as a person who will (a) lose more than 10 percent of total productive, income-generating assets , and/or (b) be physically displaced due to the Project�F

1.

Vulnerable Groups Distinct groups of people who might suffer disproportionately from resettlement effects, including the poor (monthly income less than US$15 per person), i.e., the country’s

1 As per ADB OM Section F2/OP Para 19

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national poverty threshold, landless, female-headed, disabled and elderly households without means of support and those from minority groups.�F

2 EXECUTIVE SUMMARY Scope of Land Acquisition and Resettlement. For the purpose of minimizing resettlement impacts, the corridor-of-impact (COI)�F

3 established for the rehabilitation of the whole railway line is 3.5 meter from centerline�F

4. Moreover, the area required for the Poipet Station has been reduced from 6 ha to 3 ha.

It is estimated that about 2,629 Project Affected Persons (APs) will be affected by the railway rehabilitation. To clearly describe the type and severity of impacts among APs, the APs are described as follows: (a) 965 households (HH) whose structures will be affected; of which 822 HH severely affected and 143 HH marginally affected; all may be physically displaced due to impacts on their main houses and/or small shops; (b) 1,660 households who will only experience minor impacts due to loss of secondary structures (dug well, fences, etc.) and trees, and whose main place of residence/business will not be affected; (c) Three privately-owned businesses will be disrupted due to impacts on structures and may require relocation (private-owned market, casino and office building); and (d) one public infrastructure.

In addition to the above, there are also bamboo rail transport operators that will lose their source of livelihood once the railway lines are rehabilitated; 189 operators are currently operating along the whole line. Policy Framework, Principles, and Entitlements. The legal and policy framework for compensation and resettlement under the Project is defined by the relevant laws and regulations of the Royal Government of Cambodia (RGC) and the ADB policies on Involuntary Resettlement (1995), Indigenous Peoples (1998), Gender and Development (1998), Accountability (2003), and Public Communications (2005). In case of discrepancies between the Borrower’s laws, regulations, and procedures and ADB's policies and requirements, ADB's policies and requirements will prevail.

Considering that all affected persons (APs) identified within the railway COI and living inside the railway stations have no legal documents to claim for land, they are therefore considered by the Government as illegal settlers or squatters (non-titled APs), and the land that they are currently occupying cannot be compensated for. However, their non-legal status does not bar them from receiving Project entitlements. The Project will ensure that all APs, irrespective of tenure status, will be assisted to restore or even improve their pre-project socio-economic conditions.

Income Restoration and Resettlement Strategy. Relocation of people away from the railway would affect their incomes if they have to relocate away from their current sources of livelihood, thus relocation will be minimized. APs that have to relocate will participate in identifying and selecting options with government assistance: either (i) to reorganize themselves within the remaining right-of-way (ROW) for them to be able to continue their businesses or employment

2 Monetary values of the overall poverty line varies by different region in the country (Phnom Penh: US$0.59; Other Urban:

US$0.49; Rural: US$0.44). People living below poverty line is 34.7%. (data source: Poverty Situation in Cambodia, 2005, Ministry of Planning, February 2006)

3 Area within the ROW that will be permanently cleared for the Project. 4 Government Order (Prakas) No. 6 dated 27 September 1999 has set a right-of-way for railway lines: 20m from centerline for the city, provincial and populous places; 30m from centerline for the railroad located outside the city, and 100m from centerline for the railroad located in the mountainous areas where there are rocks falling or tall forests.

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for at least the next 5 years; or (ii) to move outside the ROW to either group or individual relocation sites in close proximity (3 km to 5 km) to current locations so that incomes will not be affected; or (iii) to receive cash assistance for loss of land use and make their own arrangements for relocation. Community meetings held in June 2006 indicate that a number of APs are open to being relocated off-site for an opportunity to own land of their own. Possible suitable replacement sites (privately-owned open land) were nevertheless identified during the planning process. These sites will be further explored and finalized during project planning in consultation with APs. Bamboo rail transport operators will have to give up their operations upon commencement of railway civil works, but will be assisted to develop other transport means for making comparable incomes. Thus income levels will generally be maintained or restored.

Participation, Disclosure and Grievance Redress. Consultations, public meetings and village discussions with APs and local officials were carried out during the resettlement planning process. These activities will continue during updating and implementation and will follow the Project’s participatory approach. A Public Information Booklet (PIB) has been prepared. The PIB has been finalized and translated into Khmer language and will be distributed to APs and posted in commune offices before the ADB’s Staff Review Committee Meeting. MPWT will be responsible for the disclosure of the draft and final resettlement plan to the APs. ADB will upload the draft and final RP on ADB’s resettlement website. A grievance mechanism has been designed to ensure that APs’ concerns and grievances are addressed and resolved in a timely and satisfactory manner. APs will be made fully aware of their rights verbally and in writing during consultation. The ADB’s Accountability Mechanism Policy field guide has been translated into Khmer language and will be distributed to APs together with the PIB.

Ethnic Minorities and Gender Strategy. The Project does not expect to have specific impacts on ethnic minority groups and does not require preparation of an ethnic minority development plan. However, the Resettlement Plan (RP) and gender strategy do include specific actions to mitigate adverse impacts and enhance the ability of vulnerable groups, including ethnic minorities, to benefit from the Project interventions. A gender strategy is included in the Resettlement Plan to include enhancement of opportunities for women’s participation from planning to implementation, participate in the decision-making process, and take advantage of new employment and income-generating opportunities. The project supervision consultants and independent monitoring organization, and NGO who will plan and implement income restoration programs, will ensure that they or members of their teams have: experience in preparing and implementing gender and development programs in Cambodia; the necessary gender perspective and experience to deal with vulnerable groups; and female staff.

Institutional Arrangements and Implementation Schedule. MPWT, under the guidance from the Inter-ministerial Resettlement Committee- Ministry of Economy and Finance (IRC-MEF), will be responsible for updating, implementing and internal monitoring of resettlement activities in accordance with ADB’s policies and requirements. Consultants will be engaged for the purposes of both supervision and capacity building so as to ensure the effective updating and implementation of resettlement activities. The Project Supervision Consultants will comprise of one international resettlement specialist, one domestic resettlement specialist, and one domestic gender specialist.

The RP will be updated on a length-by-length basis following detailed design. It will be disclosed to APs prior to submission to ADB for review and approval. For sections where there will be no land acquisition and resettlement, the civil works contractors will be issued a notice of possession of sites of a particular section only after the RPMU, together with the Project’s

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resettlement consultants, confirm that the area for the said section will not cause any resettlement impacts and that the land is free of any encumbrances, dispute or controversy. For sections where resettlement impacts cannot be avoided, civil works contractors will be issued a notice of possession of a particular section only after (a) compensation payment and relocation to new sites have been satisfactorily completed in that particular section, (b) agreed rehabilitation assistance is in place, and (c) and that particular section is free of all encumbrances. Land acquisition, compensation and relocation of APs cannot commence until the updated RP has been approved by ADB.

To ensure that temporary impacts during construction will be avoided, if not minimized, the civil works contracts will have the following requirements: (a) contractor to pay rent for any land required for construction working space; (b) for the contractor working space, to the extent possible, only unused land will be used to avoid disruption to households and business establishments, use of residential land will not require any impacts on houses and structures and will not disrupt access to households; and (c) temporary use of land will be restored or improved in its pre-project condition. Monitoring. MPWT will be responsible for internal monitoring of resettlement activities. Progress reports will be submitted to ADB on a quarterly basis. One independent monitoring agency (IMA) will be identified, recruited and then mobilized before commencement of any resettlement activities, including the detailed measurement survey. The IMA will be required to submit periodic reports on the progress of implementation and make any necessary recommendations regarding the issues identified.

Cost Estimates. Two cost estimates were derived to cover relocation options: On-Site relocation is estimated at US$3.1 million while Off-Site Relocation is estimated at US$4.1 million. This include compensation and allowances to APs, development of resettlement sites, income restoration programs, operational/administration expenses, internal and external monitoring and contingencies. The costs are estimates only and may change upon completion of detailed measurement survey (DMS) to determine actual impacts after detailed design. The Government will ensure timely provision of counterpart funds for resettlement and will meet any unforeseen obligations in excess of the RP budget estimates in order to satisfy resettlement objectives.

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1. PROJECT BACKGROUND The current Cambodian railway suffers from a badly deteriorated infrastructure, a severely depleted traction and rolling stock fleet not to mention having to make do with a bare minimum of financial support. The railway condition thus cannot provide Cambodians with a competitive alternative to other forms of transport such as road transport. The railway is believed, in the long term, to guarantee more affordable transport costs for the people. The three existing components of the Cambodian railway network, an intact 338 km section of the Northern Line linking the capital of Phnom Penh with Sisophon, the 264 km Southern Line linking Phnom Penh with Sihanoukville (where the country’s deep water port is located), and a 6 km branch line linking the Phnom Penh railway station with petroleum depot facilities along the Ton Le Sap River are observed to be operating below their original design standards. Another 48 km of the Northern Line linking Sisophon with the Thai/Cambodian border at Poipet was removed during the civil war of the 1970s. In the Northern Line approximately 200 km of track, 47 stations, 48 bridges and 38 culverts were damaged by landmine explosions and fighting during the war and have since been repaired temporarily for limited operation. Due to war coupled with flooding, about 110 km of track, 24 stations and 16 bridges and culverts of the Southern Line (or the “new” line opened in 1969) were damaged. The deteriorating condition of the railway and a sustained decline in passenger volumes led in 2002 to the stoppage of passenger services on the Southern Line as well as to the reduction of passenger services on the Northern Line. Currently, only three (3) cars in poor condition ply the line for passenger services on weekends and operate for mixed freight and passenger train formations. Petroleum and cement dominate the freight tonnage carried on both lines, but the poor conditions of the track and the excessive risks of derailments cause low rail share of freight task. To cite a specific example, transport of petroleum by the railway is limited to diesel fuel, owing to the high safety risks posed to traffic on both lines. In the period January to May 2005, at least 19 derailments occurred in the railway network (RRC 2005). The main purpose of the project is to contribute to increased economic growth and poverty reduction by providing the railway with a standard of infrastructure which will enable it to offer competitive and cost effective services resulting in affordable costs of staple commodities and manufacturing inputs. Infrastructure improvement by itself will not be sufficient to achieve lower prices of goods and services and therefore the railway rehabilitation project will be complemented by another project designed to restructure the railway into a market driven commercial organization, managed by a Private-Public Partnership. A key factor contributing to the capacity of the railway to provide competitive and cost effective services required by the transport market is the choice of the maximum speed and axle load standards to be used to the rehabilitated railway. As part of its technical assistance in the rehabilitation of Cambodia, the Asian Development Bank (ADB) fielded in January 2006 a Project Preparatory Technical Assistance (PPTA) team of consultants to evaluate the Royal Government of Cambodia’s request to rehabilitate the Northern and Southern Lines of the Royal Railway of Cambodia (RRC) running from the Cambodian-Thai (Poipet) border to Phnom Penh and from Phnom Penh to Sihanoukville.

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2. SCOPE OF LAND ACQUISITION AND RESETTLEMENT

2.1 MINIMIZING RESETTLEMENT IMPACTS

Prakas No. 6 issued by the RGC defines the following ROW for railways: - 20 m from the centerline for the city, provincial cities and populous places. - 30 m from the centerline for the railroad located outside the city. - 100 meters from the centerline for the railroad located in the mountain area where there are

rocks falling or tall forests. Resettlement impacts have been minimized for the Project by using a corridor-of-impact (COI) much narrower than the ROW and by reducing the area for the Poipet station from 6 has. to 3 has. The COI use for the project is as follows: - Northern Line: 10 m in rural areas, 7 m in Pursat, Battambang and Sisophon town and . 8m

in other urban areas. - Southern Line: 10 m in rural areas, 7 m in Sihanoukville and 8 m for other urban areas. - Phnom Penh Line: 7 m - Missing Link: 7 m from the border up to 6.5 km and 10 m for the remaining line. However, the railway may need to clear the full ROW at some time in the future (not expected to be before 5 years), at which time permanent relocation options will be necessary for all people living within the ROW. The Project’s COI, as defined in this RP, is the agreed and demarcated area within which will be permanently cleared for this Project. Temporary impacts caused during construction activities will only be known during project implementation. The contractor’s contract will include requirements for their working space, worker’s camps, field offices, to comply with the Project’s policy and entitlements set out in this RP.

2.2 SUMMARY SCOPE OF LAND ACQUISITION AND RESETTLEMENT

A census and inventory of losses survey were carried out from May to June 2006. The said activities identified a total of 2,629 households (HH). To clearly describe the type and severity of impacts among APs, Table 1 below describes the APs as follows:

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Table 1. Type of APs

In addition to the above, there are also bamboo rail transport operators (BRTOs) that will lose their source of livelihood once the railway lines are rehabilitated. A total of 189 BRTOs are currently operating in the whole line. The BRTOs operate a service transporting people and goods along the unused or infrequently used rails. People in isolated villages along a 20-km section of the southern line without access roads who currently use the bamboo rail for transportation of people and goods will lose this transport access. When the BRTO service has to stop, the source of income will stop as well as source of transport. They will be assisted to replace their bamboo rail transport mode with road transport mode. For the purpose of RP planning, the railway lines are divided into four sections: (a) Phnom Penh; (b) Southern Line, (c) Northern Line; and (d) Missing Line (Poipet - including station). The concentration of APs and structures to be potentially affected (severely/displaced and minor) are in the following areas: - Missing Line in Poi Pet villages of: Kbal Spean, Baliley, and Kilou Lekh Buon - Northern Line: Sisophon, Battambang (Battambang, Moung Roussei, Thmo Koal), Pousat

(Bakan, Krokor), and Kampong Chhnang (Tuek Phos) - Southern Line: Sihanoukville (Sangkat Muoy, Chueng Kau, Samrong) - Phnom Penh: Toul Kouk (Bueng Kok Pir)

2.3 HOUSEHOLDS WHOSE MAIN HOUSE AND/OR SHOPS WILL BE AFFECTED

2.3.1 Types of Households According to Occupancy of Structure

For the 965 AP households that may stand to lose whole or part of their main houses and/shops and may result to physical displacement, there are 6 general types of Households based on the nature of their occupancy of structure: (i) owner of house, (ii) owner of house cum shop, (iii) owner of shop, (iv) renter of house, (v) renter of house cum shop, and (vi) owner of shop but renter of house. Table 2 below provides details on the number of affected people by occupancy:

Type of APs

Number of HH

Number of persons

Households who will be marginally affected and will have to repair their main houses and/or small shops. 143 615 Households who will be totally affected and will have to move to another location due to impacts on their main houses and/or small shops 822 3535 Households who will lose secondary structures (dug well, fences, etc.) and trees only, and therefore will only experience minor impacts since it will not disrupt their main place of residence/business or their livelihood activities 1,660 7138 Large business owners (company-owned) whose businesses will be disrupted temporarily or permanently affected and may require relocation (Private market, Casinos and Office Building) 3 Public Infrastructure that will be physically displaced (Telecom Building) 1

Total 2,629 11288

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Table 2. APs by Occupancy

Project Affected People Poipet South Line

North Line

Phnom Penh TOTAL

Owner of House with One HH only 358 69 104 4 535Owner of House with 2 HHs 48 2 2 5 57Owner of House with 3 HHs 15 0 0 2 17

Owner of House - cum - Shop with One 7 5 11 0 23Owner of House - cum - Shop with 2 H 1 0 4 0 5Owner of House - cum - Shop with 3 H 1 0 0 0 1

Owner of Shop with One HH Only 3 5 90 0 98Owner of Shop with One 2 HHs 0 1 4 3 8Owner of Shop with One 3 HHs 0 0 1 0 1

Renter of House with One HH Only 171 4 7 2 184Renter of House with 2 HHs 24 0 0 1 25Renter of House with 3 HHs 5 0 0 1 6

Renter of Shop with One HH only 2 0 1 0 3

Owner of Shop but Renter of House 2 0 0 0 2TOTAL 637 86 224 18 965

2.4 IMPACTS ON MAIN HOUSES AND/OR SHOPS ARE AFFECTED

2.4.1 Affected Structure Within COI

A total of 965 structures stand to be affected within the COI of 7 m for the proposed project. Of the total, 143 will be partially affected while 822 structures will be totally affected. Of the 143 partially affected structures, 94 are houses or dwelling units, 10 are houses cum shops, and 39 are shops. Of the 822 totally affected structures, 730 are houses or dwelling units, 21 are houses cum shops, while 71 are shops.

Table 3. Total Structures Affected

Count % Count % Count % Count % Count % Count % Count % Count %House Affected 5 62,5% 10 100,0% 56 88,9% 19 82,6% 10 22,7% 103 57,2% 23 82,1% 598 98,2%House cum Shop Affected 0 0,0% 0 0,0% 4 6,3% 1 4,3% 2 4,5% 13 7,2% 4 14,3% 7 1,1%Shop Affected 3 37,5% 0 0,0% 3 4,8% 3 13,0% 32 72,7% 64 35,6% 1 3,6% 4 0,7%Total 8 100,0% 10 100,0% 63 100,0% 23 100,0% 44 100,0% 180 100,0% 28 100,0% 609 100,0%

Phnom Penh Southern Line Northern Line Missing LinePartially Affected Totally Affected Partially Affected Totally Affected Partially Affected Totally Affected Partially Affected Totally Affected

• The Missing Link area has the most number of affected structures where 28 structures will

be partially affected and 609 will be totally affected. Of the 28 partially affected structures, 23 are houses or dwelling units, 4 houses cum shops and 1 shop. Of the 609 structures which will be totally affected, 598 are houses or dwelling units, 7 houses cum shops, and 4 shops.

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• The Northern Line area will have 44 partially affected structures and 180 totally affected structures. Of the 44 partially affected structures, 10 are houses or dwelling units, 2 houses cum shops and 32 shops. Of the 180 structures which will be totally affected, 103 are houses or dwelling units, 13 houses cum shops, and 64 shops.

• The Phnom Penh area will have 8 partially affected structures and 10 totally affected

structures. Of the 8 partially affected structures, 5 are houses or dwelling units and 3 shops. All 10 structures which will be totally affected are houses or dwelling units.

• The Southern Line area will have 63 partially affected structures and 23 totally affected

structures. Of the 63 partially affected structures, 56 are houses or dwelling units, 4 houses cum shops and 3 shops. Of the 23 structures which will be totally affected, 19 are houses or dwelling units, 1 house cum shop, and 3 shops.

2.4.2 Type of Affected Houses According to Materials Used

Only two houses (Missing Link) are made up of permanent materials (4A and 3A types – brick, concrete tiles). In Poipet, close to the Cambodia-Thailand border, it is mainly a slum area occupied by families working through the border. 244 houses (30%) are 2C type of houses (thatch/leaves/used wood or plastic with soil/bamboo floor) followed by 1D Type (thatch/leaves/used wood or plastic with wood/bamboo/lean concrete) at 13%. The rest of the remaining types of houses are within the 1A to 2J types (makeshift/semi-permanent at less than 10%.

2.4.3 Type of Affected Houses cum Shops or Shops According to Materials Used

All houses-cum-shops and shops found are also made up of makeshift or semi-permanent materials, being 1A to 2H types of predominantly thatch, leaves, plastic, metal sheets, fiber, and lean concrete.

2.4.4 Average Floor Area of Affected Houses (in square meters)

Of the 824 affected houses, 42% have an average floor area of 13 to 25 sq ms, 28% have 26 to 50 sq ms, 19% have 5 to 12 sq ms, 7% have 51 to 100 sq ms, and almost 4% have floor area of over 100 sq ms. The Missing Link area has the most number of affected houses (621) where 44% have floor area of 13 to 25 sq ms, 27% have 26 to 50 sq ms, 7% have 51 to 100 sq ms, and 4% have an average house floor area of over 100 sq ms.

2.4.5 Average Floor Area of Affected Houses cum Shops (in square meters)

Of the 31 houses cum shops which stand to be affected by the proposed project, 45% have average floor area of 13 to 25 sq ms, 23% have 26 to 50 sq ms, 16% have 5 to 12 sq ms, 10% have over 100 sq ms, and 7% have 51 to 100 sq ms of floor area.

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2.4.6 Average Floor Area of Affected Shops/Stalls (in square meters)

Of the 110 affected shops/stalls, 37% have 2 to 5 sq ms of floor area, 23% have 6 to 12 sq ms, 16% have 13 to 18 sq ms, 12% have 19 to 25 sq ms, and another 12% have over 25 sq ms of floor area. In the Northern Line which has the most number of affected shops/stall (96 out of 100), 35% have floor area of 2 to 5 sq ms, 24% have 6 to 12 sq ms, 18% have 13 to 18 sq ms, 13% have 19 to 25 sq ms, while the remaining 10% have over 25 sq ms of shop/stall floor area.

2.4.7 Types of Trees Affected

A total of 9,166 trees will be affected within the designated COI. Majority (95%) of the affected trees are found within the Northern Line areas while only about 3% are within the Missing Line areas. The most commonly affected trees are, among others, banana, coconut, papaya, mango, guava (tro bek), cashew, jackfruit, sugar palm, and custard apple.

Table 4. Types of Trees Affected

Type of TreesPhnom Penh

Northern Line

Missing Line

Southern Line Total

Mango Tree 0 588 5 6 599Coconut Tree 4 705 19 9 737Tamarind Tree 1 111 7 3 122Jackfruit Tree 0 293 4 13 310Lemon Tree 0 123 0 0 123Custard-apple Tree 0 257 7 21 285Sour sop Tree 1 72 0 1 74Sugarcane Cane 20 126 5 0 151Sugar Palm Tree 1 288 0 0 289Deum Mean (longan) Tree 0 25 2 0 27Orange Tree 0 70 0 0 70Deum Teuk Doh Kor Tree 0 24 2 1 27Papaya Tree 3 662 14 9 688Banana Tree 2 3011 42 77 3132Guava (Tro Bek) Tree 8 407 11 15 441Deum Pring Tree 4 48 5 0 57Cashew Tree 0 440 1 0 441Bamboo Thicket 5 22 4 0 31Sour Fruit (Krasang) Tree 0 36 0 0 36Eucalyptus / Cassia Tree 0 49 15 4 68Orange/Kamping Reach Tree 0 0 0 1 1Others Tree 4 1330 118 5 1457

TOTAL 53 8687 261 165 9166

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2.4.8 Types of Affected Secondary Structures

The inventory of affected structures yielded the following information:

Table 5. Inventory of Affected Structures

Secondary structure Phnom PenhNorthern

Line Missing LineSouthern

Line TotalDug well set 0 4.00 0 0 4.00Concrete well set 0 4.00 1.00 0 5.00

Pumped well set 0 6.00 1.00 0 7.00

Forecourt or patio / concrete sqm 739.82 3310.00 2771.40 578 7399.22

Culvert (ø 0.8m x 1m) set 1 14.00 87.00 8 110.00Pond sqm 66.5 354.10 6.00 0 426.60Kitchens (7 units) sqm 2.25 413.50 41.16 146.2 603.11Toilets (12 units) sqm 27.6 308.10 18.91 2.54 357.15Bathroom (14 units) sqm 0 83.52 12.55 7.94 104.01Animal hut (1 unit) sqm 0 1234.00 219.50 47 1500.50Advertisement board unit 0 32.00 0.00 0 32.00Fence with timber post with bamboo bar lm 289.2 23514.26 127.00 1836.5 25766.96Fence with timber post with wire lm 352.9 6380.20 117.33 4445 11295.43Fence with concrete post with wire lm 136.32 1826.28 572.67 231.5 2766.76Fence with brick Wall, 100mm lm 0 1266.50 1315.67 108.6 2690.77Fence with brick Wall, 200mm lm 0 2671.77 1315.67 0 3987.44Others LS 0 111.70 0.00 16 127.70

2.5 HOUSEHOLDS WHO WILL LOSE SECONDARY STRUCTURES AND TREES

As mentioned above, a total of 1,660 households will only lose secondary structures and trees. The numbers and types of affected secondary structures and trees are already included in Tables 6 and Table 7 above.

2.6 IMPACTS ON STRUCTURES OF BUSINESS OWNERS AND PUBLIC INFRASTRUCTURE

There is a private-owned market (6,005.25m2 total floor area) that will be partially affected. However, the structural viability of the structure has to be determined once the final COI is established. If the structures are found to be not viable, vendors renting stalls inside the private market may also need to be relocated. A newly constructed public market which is 1km. away from present site is a possible site for vendors that may require relocating. There is also a business office, Casino (Crown club), and Telecom Building whose structures may be partially affected. The structural viability of these structures will be known during DMS.

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2.7 BAMBOO RAIL TRANSPORT OPERATORS

2.7.1 Source of Information

Two sources of information were used to assess the social and economic situation of the bamboo rail transport operators (BRTOs). A rapid assessment was first conducted in July 2006 to identify the main characteristics of the BRTOs. An SES was then conducted in August 2006 to get a complete picture of the BRTOs. The survey was conducted all along the northern and southern lines among 100% of the BRTOs. The BRTO identification was done in each station with the help of the railway authorities and BRTOs themselves.

2.7.2 Characteristics of Bamboo Rail Transport Operators

2.7.2.1 Current BRTO Situation

For villagers living along the railway line, due to the absence of access roads, the railway line is often the only access to the nearest village or the nearest access road. Due to the weakness of railway passenger services (there is only one passenger service per week in the northern line and no service in the southern line) and its slowness (less than 10 km/h), people in some sections of the railway line experience serious transport problems. To solve these problems, they have created their own rail service by building trains consisting of bamboo platforms and running them on the country's underused rails. Most are powered by small motors, and a few by motorbikes with the bamboo platforms attached to the side of the motorbikes; The trains travel along at nearly 40 km/h per hour and are very successful and popular among the people.

In the northern line (Phnom Penh to Sisophon), 157 BRTOs have been identified and, in the southern line (Phnom Penh to Sihanoukville), another 32, for a total of 189 BRTOs. These numbers clearly indicate the importance of this service. Most of the villagers have no access roads and, during household emergencies such as needing to bring sick people to the hospital, the only and fastest way to get to the nearest access road is by bamboo rail transport. It would also be difficult for villagers to transport their goods to and from their residences without this type of transport.

Table 6: Number of BRTOs along the Northern and Southern Lines

Southern line Northern line Total BRTOs

Male Female Subtotal Male Female Subtotal Male Female Subtotal

Total 32 0 32 145 12 157 177 12 189 Bamboo rail transports are usually predominant in areas where the villages are far from the road. Bamboo trains can be found all along the northern and southern lines, except in the railway sections where the road runs parallel to the railway. In these cases, there is no need for a bamboo train as goods and passengers can be transported by car, truck, or motorbike.

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The highest number of railway bamboo operators (15) in the northern lines are found in Station 16 (Kdol), 17 (Bamnak) and 18 (Kamreng). In this section, the railway is up to 30 km from the national road and the local road network is very weak. We also found 14 BRTOs in Station 27 (Maung Ruessei), 13 in Station 30 (Phnom Thip Del) and 10 in Station 34 (Ou Dambang). In the southern line, the highest number of BRTOs is at Station 26 (Veal Rinh), near Sihanoukville, which has nine.

2.7.2.2 Operation of Bamboo Trains

- Authorization to operate bamboo trains BRTOs operate without official permits. However, they usually identify themselves with the chief of the station and give him an amount of money to be able to operate. BRTOs know that they are operating illegally and have said that they will stop if the Government asks them to do so. - Frequency of Operations Sixty per cent of the BRTOs operate one to three times a week. Only eight per cent operate less than once a week (especially on the southern line) and 18.5% operate every day or more. The highest proportion of BRTOs (20.5%) operates daily in the northern line. However, for most of the BRTOs (81.5%), there is no specific time and date as they operate based on demand. Bamboo rail transport operators in Bamnak Station (northern line) are found to be more organized as they manage to agree among themselves in terms of schedule of operation. Each bamboo rail transport operator is only allowed to operate on a specific day and time, and only once or twice a week.

Table 7: Frequency of BRTO’s Operations per Week

Frequency of Operations Southern line Northern line TOTAL

per Week No. % No. % No. % Less than once a week 7 21.88% 8 5.10% 15 7.94%Once a week 1 3.13% 60 38.22% 61 32.28%Twice a week 8 25.00% 21 13.38% 29 15.34%Three times a week 9 28.13% 14 8.92% 23 12.17%Four times a week 3 9.38% 12 7.64% 15 7.94%Five times a week 0 0.00% 7 4.46% 7 3.70%Six times a week 1 3.13% 3 1.91% 4 2.12%Seven times a week 3 9.38% 29 18.47% 32 16.93%More than seven times a week 0 0.00% 3 1.91% 3 1.59%Total 32 100.00% 157 100.00% 189 100.00%

Most of the BRTOs (42.3%) work less than five hours a week and 28% from five to 10 hours. The frequency of operations per week is similar in the northern and southern lines. Only a few BRTOs work more than 30 hours a week (6.9%).

Table 8: Number of Hours Worked per Week

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Hours Worked Southern line Northern line TOTAL Per Week No. % No. No. %

Less than 5 hours 17 53.13% 63 40.13% 80 42.33%5 to 10 hours 7 21.88% 46 29.30% 53 28.04%11 to 15 hours 1 3.13% 14 8.92% 15 7.94%16 to 20 hours 3 9.38% 9 5.73% 12 6.35%21 to 25 hours 1 3.13% 7 4.46% 8 4.23%26 to 30 hours 1 3.13% 7 4.46% 8 4.23%More than 30 hours 2 6.25% 11 7.01% 13 6.88% Total 32 100.00% 157 100.00% 189 100.00%

In the southern line, BRTOs operate only in the morning while, in the northern line, 87.5% operate the morning and 12.5% in the afternoon. - Operation with Members of the Family In the southern line, all the BRTOs operate alone. In the northern line, 84% operate alone, 11.5% operate with another family member, and 3.6% with two or more.

2.7.3 Existing socioeconomic conditions of BRTOs

2.7.3.1 Demographic and Ethnic Status of BRTOs

Most BRTOs are male adults between 20 and 49 years old (79%). Seven per cent are younger than 19 and 14% are 50 or older. In the southern line, the BRTOs are younger; 43.1% are under 29 years old.

Table 9: Age of BRTO

Age of Southern line Northern line TOTAL BRTO No. % No. % No. %

15 - 19 4 12.50% 9 5.73% 13 6.88 20 - 29 13 40.63% 42 26.75% 55 29.10 30 - 39 6 18.75% 32 20.38% 38 20.11 40 - 49 5 15.63% 51 32.48% 56 29.63 50 - 59 4 12.50% 18 11.46% 22 11.64 60 - 69 0 0.00% 4 2.55% 4 2.12 over 70 0 0.00% 1 0.64% 1 0.53 Total 32 100.00% 157 100.00% 189 100.00

Among the BRTOs, 86.8% are married, 12.7% are single and 0.5% (1 person) is a widow. Among all the BRTOs, only one is not Khmer but Vietnamese. He began operating in 2006.

2.7.3.2 Fees Charged, Investment and Income

- Fees Charged

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BRTOs usually charge 1,000 riel ($0.25) per passenger for the first 20 kilometres. They do not charge for extra cargo and each trip can accommodate 10 passengers. - Investment BRTOs usually have to invest from $100 to $500 for their vehicle. The motors and wheels are the two most expensive parts. Considering the average monthly salary in the project area (around 100$), investment in a bamboo train represents from one to five months of salary. While the majority of BRTOs operate their vehicles in this manner, a few operate a motorbike with the bamboo platform attached to the side of the motorbike. The investment in this case is $200 for the platform since they can continue to use their motorbikes. Twenty-nine per cent of BRTOs made their vehicle themselves while 70.9% asked somebody else to put together the pieces of bamboo railway train (at a cost of $10 to $15 USD). - Income for Operating Bamboo Trains Most BRTOs earn $5 to $20 per week. They stated that, during harvesting season, they can earn as much as $10 per day.

Table 10: Income from the Bamboo Train Operation per Week Level of income Southern line Northern line TOTAL No. % No. No. % % less than $5 6 18.75% 57 36.31% 63 33.33%$5 to $10 18 56.25% 37 23.57% 55 29.10%$11 to $20 6 18.75% 38 24.20% 44 23.28%$21 to $30 1 3.13% 9 5.73% 10 5.29%$31 to $40 1 3.13% 7 4.46% 8 4.23%over $40 0 0.00% 8 5.10% 8 4.23%unknown 0 0.00% 1 0.64% 1 0.53%Total 32 100.00% 157 100.00% 189 100.00%

- Main and Secondary Sources of Income of BRTOs For 55.6% of BRTOs, operating a bamboo train is the main source of income for the family. The situation is the same in the northern and in the southern lines. The impact of the project on BRTOs will therefore be serious for a large part of BRTO HHs. For the 44.4% of BRTOs for whom operating bamboo trains is not their main source of income, they rely mainly on farming (16.9%) or operating small businesses (10.6%) for their income.

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Table 11: Main Source of Income of BRTO’ Families

Main Source o f Income Southern line Northern line TOTAL

for BRTOs No. % No. No. % No. Operating a bamboo train 18 56.25% 87 55.41% 105 55.56%Other: 14 43.75% 70 44.59% 84 44.44%

Agricultural activities 10 31.25% 22 14.01% 32 16.93%Forestry activities 0 0.00% 14 8.92% 14 7.41%Motorbike operator 0 0.00% 5 3.18% 5 2.65%Laborer/services 2 6.25% 7 4.46% 9 4.76%Small business/trading 1 3.13% 19 12.10% 20 10.58%Government worker 1 3.13% 3 1.91% 4 2.12%

TOTAL 32 100.00% 157 100.00% 189 100.00% - Average BRTO HH Income The average HH income for BRTOs is between $50 and $100. This corresponds generally to the income of the total affected population for this project, where 32% have an income between $51 and $100 USD (30.7% for BRTOs), and 28% between $100 and $200 (27% for BRTOs). However, only 10% of BRTOs earn over $200, compared to 29% in the project area. In the whole project area, we found, for example, shopkeepers and restaurants owners who can easily earn over $200, which is rare for a BRTO. In Cambodia, the poverty line is $30 per month. We can consider that 15 to 20 BRTO HH are below the poverty line.

Table 12: BRTO HH Total Average Monthly Income (USD)

Average Monthly Southern line Northern line TOTAL Income No. % No. No. % No.

less than $10 0 0.00% 1 0.64% 1 0.53%$10 to $25 3 9.38% 10 6.37% 13 6.88%$26 to $50 11 34.38% 36 22.93% 47 24.87%$51 to $100 11 34.38% 47 29.94% 58 30.69%$101 to $150 4 12.50% 29 18.47% 33 17.46%$151 to $200 1 3.13% 17 10.83% 18 9.52%over $200 2 6.25% 17 10.83% 19 10.05%Total 32 100.00% 157 100.00% 189 100.00%

2.7.3.3 Expenditures

Average monthly household expenditure is between $51 and $100. This corresponds with the average for the whole population. Food is the main expenditure for over 92.6% of the population .

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Table 13: Total BRTO HH Average Monthly Expenses (USD)

Average Monthly Southern line Northern line TOTAL Expenses No. % No. Income No. %

less than $10 0 0.00% 1 0.64% 1 0.53%$10 to $25 2 6.25% 12 7.64% 14 7.41%$26 to $50 6 18.75% 39 24.84% 45 23.81%$51 to $100 9 28.13% 43 27.39% 52 27.51%$101 to $150 2 6.25% 20 12.74% 22 11.64%$151 to $200 0 0.00% 4 2.55% 4 2.12%over $200 1 3.13% 6 3.82% 7 3.70%unknown 12 37.50% 32 20.38% 44 23.28%Total 32 100.00% 157 100.00% 189 100.00%

2.7.3.4 Occupation

For male BRTOs, their main occupation is bamboo rail operation (51.6%). Among those for whom operating a bamboo train is not their main occupation, farming (17%) and working for hire (11.7%) are the two other main occupations. In the southern line, farming is by far the main second occupation.

Table 14: Main Occupation of Male Working Members

Main occupation Southern line Northern line TOTAL No. % No. No. % No. Bamboo rail operator 15 46.88% 82 52.56% 97 51.60%Agriculture 11 34.38% 21 13.46% 32 17.02%Laborer/services 3 9.38% 19 12.18% 22 11.70%Government worker 1 3.13% 11 7.05% 12 6.38%Forestry activities 1 3.13% 9 5.77% 10 5.32%Small business 0 0.00% 6 3.85% 6 3.19%Motorbike operator 0 0.00% 5 3.21% 5 2.66%NGOs staff 1 3.13% 1 0.64% 2 1.06%Wood seller (medium business) 0 0.00% 2 1.28% 2 1.06%Total 32 100.00% 156 100.00% 188 100.00%

Two-thirds of the women in BRTO HH have occupations outside the home (66.7%). Operating a small business (42.8%) and farming (33.3%) are their two main occupations.

Table 15: Main Occupation of Female Working Members

Southern line Northern Line TOTAL

Main occupation No. % No. % No. % Agriculture 10 62.50% 32 29.09% 42 33.33%

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Forestry activities 0 0.00% 11 10.00% 11 8.73% Laborer/services 2 12.50% 10 9.09% 12 9.52% Small Business 4 25.00% 50 45.45% 54 42.86% Woods seller (medium Business) 0 0.00% 3 2.73% 3 2.38% Bamboo rail operator 0 0.00% 3 2.73% 3 2.38% Animal feeding 0 0.00% 1 0.91% 1 0.79% Total 16 100.00% 110 100.00% 126 100.00%

2.7.3.5 Land Ownership

Only 42% of BRTO HH have full title of their residential land. However, 46.5% of them have residential land without a title, and 10.8% live with relatives. One HH has been found living in a railway station, without land or house.

Table 16: Residential Land Ownership Land ownership Southern line Northern line TOTAL No. % No. No. % No. No residential land (landless) 1 0.64% 1 0.53% 1 0.64%Living with relatives 17 10.83% 17 8.99% 17 10.83%Residential land without title 73 46.50% 88 46.56% 73 46.50%Residential land with title 66 42.04% 83 43.92% 66 42.04%Total 157 100.00% 189 100.00% 157 100.00%

About half of the BRTOs (50.3%) have no agricultural land and, among the remaining 49.7%, 16.4% have no legal title on their land. Only one-third of the population has full title on their agricultural land. The absence of agricultural land for more than half of the BRTOs will have to be taken into account in the income restoration program.

Table 17: Agricultural Land Ownership Land ownership Southern line Northern line TOTAL No. % No. No. % No. No agricultural land 16 50.00% 79 50.32% 95 50.26%Agricultural land without title 3 9.38% 28 17.83% 31 16.40%Agricultural land with title 13 40.63% 50 31.85% 63 33.33%Total 32 100.00% 157 100.00% 189 100.00%

2.7.3.6 Awareness and Support of the Project

Sixty-three per cent of BRTOs are aware of the project. This is significantly lower than for the whole affected population, where 81% declared they were aware. Nearly 60% were informed by the different survey teams operating for the project. Only 11.8% heard about the project through public meetings.

Table 18: Awareness of the Project Awareness of the Project Southern line Northern line TOTAL

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No. % No. No. % No. Yes 21 65.63% 98 62.42% 119 62.96%No 11 34.38% 59 37.58% 70 37.04%Total 32 100.00% 157 100.00% 189 100.00%

Even if most of them will lose their main source of income, or at least a large part of it, it is surprising to note that only 7.4% of BRTOs object to the project. The main reasons given for support of the project are the improvement of travel conditions (61.1%) and the importance of the project for the country’s development (17.1%).

Table 19: Support of the Project

Support of the Southern line Northern line TOTAL project No. % No. No. % No.

NO, with reasons below Loss of job 0 0.00% 9 64.29% 9 64.29%Difficult to travel 0 0.00% 5 35.71% 5 35.71%

Subtotal 0 0.00% 14 100.00% 14 100.00%YES, with reasons below Easier to travel 30 93.75% 77 53.85% 107 61.14%Easier to conduct business 2 6.25% 5 3.50% 7 4.00%Easier for the train 0 0.00% 16 11.19% 16 9.14%Important to develop country 0 0.00% 30 20.98% 30 17.14%More tourists 0 0.00% 1 0.70% 1 0.57%Safety 0 0.00% 14 9.79% 14 8.00%

Subtotal 32 100.00% 143 100.00% 175 100.00%Total 32 16.93 157 83.07 189 100.00

2.7.3.7 Access to basic infrastructure services

Most BRTO HHs (80.4%) have no toilet facilities at home. This is higher than among the entire affected population (52%). The remaining HH generally have a water sealed latrine. BRTO HHs have various sources of drinking water. Dug wells provide water for 37% of BRTO HHs, while ponds (15.3%), tube wells (14.8%) and piped water supplies (8.5%) are the other main sources of drinking water. We should note that 14.8% of BRTO HHs have to buy water. Due to the remote location of BRTO HHs, far from the main roads, only 1.5% of all HH are connected to a public electrical network. The proportion was over 50% for the entire affected population. Oil or kerosene lamps are the main sources of lighting, at 59.3%. The other sources are batteries (20.1%) and local generators (15.3%).

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2.7.3.8 Education

Twenty-eight children of school age in BRTO families do not attend school. The three main reasons for this are lack of money, the school being too far from home, and having to earn money for the family.

Table 20: Reasons for School-Age Children Not Studying

Reason for not Southern line Northern line TOTAL Studying No. % No. No. % No.

Lack of money 4 57.14% 9 56.25% 13 56.52%Far away from school 2 28.57% 1 6.25% 3 13.04%Civil war 0 0.00% 1 6.25% 1 4.35%Have to earn money 1 14.29% 2 12.50% 3 13.04%Have to help at home 0 0.00% 1 6.25% 1 4.35%Disease 0 0.00% 2 12.50% 2 8.70%Total 7 100.00% 16 100.00% 23 100.00%

2.7.3.9 Issues Related to Vulnerable Groups

- Poor HH According to the SES and to field observations, between 15 and 20 HH are considered poor. They have a monthly income lower than $30, which corresponds to the poverty line. - Women Heads of Households Two female heads of HH have been identified, one single and one widow. However, their incomes are, respectively, $265 and $100 per month, both above the poverty line ($30 per month). They will not be considered as vulnerable. - Ethnic Groups As indicated above, only one BRTO belongs to an ethnic group different from the Khmer group (Vietnamese). However, his monthly income is $45 per month, which is above the poverty line. He will not be considered as vulnerable. - Landless One HH living in a station without residential or agricultural land has been found. He will be considered as vulnerable. - Elderly and disabled persons Some elderly (19) and disabled persons (6) have been identified among the BRTO family members. However they are living with their relatives who take care of them. They will also not be considered as vulnerable.

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2.7.4 Impacts of the project on BRTOs and villagers

2.7.4.1 Impacts on BRTOs

With the rehabilitation of the railway, the frequency (several per day) and the increased speed of the trains will not allow the presence of bamboo trains on the railway for obvious safety reasons. All the BRTOs will experience loss of income and loss of investments. Most of them will have to find new jobs, however, since the local population’s need for the service provided by the BRTOs will continue even with the railway improvements, it is agreed that the Project shall assist the BRTOs to replace their railway operations with road operations. In this way, the BRTOs that are most dependent on this operation for their livelihood will experience only a temporary disruption to their livelihood base while moving from the railway mode to road mode. According to the SES, for only 9.5% of the BRTOs will the impacts be negligible. For this group, operating a bamboo train is only a small part of their HH income. Another 12.7% declared that they have other work, which they will do fulltime. However, 75.1% of the population will experience loss of income if they have to stop operating bamboo trains. Finally, for 2.7%, the difficulties of transportation, and not income, will be the main impact.

Table 21: Impacts Due to the Project Anticipated impacts Southern line Northern line TOTAL No. % No. No. % No. None 6 18.75% 12 7.64% 18 9.52%

Have other alternative work 11 34.38% 13 8.28% 24 12.70%

Loss of income 15 46.88% 127 80.89% 142 75.13%

Difficulties for transportation 0 0.00% 5 3.18% 5 2.65%Total 32 100.00% 157 100.00% 189 100.00%

2.7.4.2 Impacts on Villagers

According to the rapid assessment and SES, bamboo rail transport operators know that they are operating illegally and have said that they will stop if the Government asks them to do so. However, as indicated above, what worries them is not losing their source of income, but the difficulty that they and other villagers will experience because of the lack of alternative access, such as access roads. The villagers interviewed shared the same sentiments, especially the women, who expressed concern that it would be more difficult for them if they and their children had to walk to the next village where an access road connecting to the national road is available. They also said that bamboo rail transport operators are very important during emergencies and in transporting their goods, especially those who bring goods to the market to sell. A more efficient railway passenger service would help the communities along the road. However, the new railway service would be less flexible than the bamboo train. The only help

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for the communities would be to improve the road network in the area. This would give villagers an alternative to bamboo trains for transportation. Discussion with the technical project team showed that it is possible to build a small bicycle/motorbike lane of 1.5m wide along the railway line, within the right-of-way (ROW). This small road could be used by bicycles and motorbikes and could replace partially the bamboo train (except for heavy loads like machine parts, timber for building houses etc.). It has been agreed that the requirement for construction of the bicycle/motorbike lane will be included in the contract specifications for the contractor. This bicycle/motorbike lane has been included in the Project scope in the Report and Recommendations to the President (RRP) of ADB.

2.7.5 GENDER ISSUES

Twelve women (6.3%) operate bamboo trains among the 189 total BRTOs. All these women BRTO operate in the northern line; no women BRTOs have been found in the southern line. Characteristics of women BRTOs could be different from men BRTOs, as presented below.

2.7.5.1 Characteristics of Women BRTOs

Among the 12 women BRTOs, only three have been operating bamboo train as their main income. The main income sources of the other 9 women are from forestry activities (5), small businesses (3) and agriculture (1).

Table 22: Main Occupation of Women BRTOs

Main Occupation Nb % Agriculture 1 8.33Forestry activities 5 41.67Small business 3 25.00Bamboo rail operator 3 25.00Total 12 100.00

As a result, operating a bamboo train is not the main income for most women BRTO families (25% compared to 56.5% for men BRTOs).

Table 23: Main Source of Income of BRTOs’ Families Disaggregated by Gender

Main income from Women Men bamboo train operation No. % No. % Yes 3 25.00% 100 56.50% No 9 75.00% 77 43.50% Total 12 100.00% 177 100.00%

Women BRTOs operate less than men; 75% of women BRTOs operate only once or twice a week, compared to 54.8% for the total BRTOs. According to the survey findings, it is because women also have to take care of the house and children in addition to this occupation.

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Table 24: Frequency of Operation per Week Disaggregated by Gender

Frequency of Operations Women Men per Week No. % No. %

Once a week or less 6 50.00% 71 40.11%Twice a week 3 25.00% 26 14.69%Three times a week 1 8.33% 22 12.43%Four times a week 2 16.67% 13 7.34%More than four times a week 0 0% 45 25.42%Total 12 100.00% 177 100.00%

Thus, the women also operate fewer hours than the men do. Almost all the female BRTOs (11 of 12) work less than 10 hours a week. In contrast, 31.1% of the men work more than 10 hours a week.

Table 25: Number of Hours Worked per Week Disaggregated by Gender

Hours worked per Women Men week No. %

Less than 5 hours 6 50.00% 74 41.81% 6 - 10 hours 5 41.67% 48 27.12% More than 26 hours 1 8.33% 55 31.07% Total 12 100.00% 177 100.00%

As a result of the fewer hours worked by women, the income from bamboo train operation is slightly less for women than for the total BRTOs. However, the differences are not significant. For example, 66.6% of women earn less than $10 per week (61.6% for men) and no women earn more than $31 per week (9% for men).

Table 26: Weekly Income from the Bamboo Train Operation Disaggregated by Gender

Income from bamboo Women Men train operation No. % No. %

Less than $5 4 33.30% 58 32.77% $5 to $10 4 33.30% 51 28.81% $11 to $20 1 8.30% 43 24.29% $21 to $30 2 16.70% 8 4.52% $31 to $40 0 0 8 4.52% More than $40 0 0 8 4.52% unknown 1 8.30% 1 0.56% TOTAL 12 100.00% 177 100.00%

2.7.5.2 Socioeconomic Conditions Disaggregated by Gender

- Main Occupation The main occupation for women belonging to BRTOs families is conducting a small business (42.9%) and farming (34.1%).

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Table 27: Main Occupation of Male and Female Working Members

Main occupation Male Female No. % No. % Bamboo rail operator 97 51.60% 3 2.38% Agriculture 32 17.02% 43 34.12% Laborer/services 22 11.70% 12 9.52% Government worker 12 6.38% 0 0% Forestry activities 10 5.32% 11 8.73% Small business 6 3.19% 54 42.86% Motorbike operator 5 2.66% 0 0% NGOs staff 2 1.06% 0 0% Wood seller (medium business) 2 1.06% 3 2.38% Total 188 100.00% 126 100.00%

As is common in Cambodia, the wife is still largely responsible for managing the money (92.6% for all the BRTO families).

Table 28: Control over HH Income and Expenditures Disaggregated by Gender

Control over HH income Southern line Northern line TOTAL And expenditures No. % No. % No. %

Female 29 90.63% 146 92.99% 175 92.59%Male 3 9.38% 11 7.01% 14 7.41%Total 32 100.00% 157 100.00% 189 100.00%

2.7.5.3 Impacts of the Project on Women

- Women BRTOs Women BRTOs will be affected in the same way as men BRTOs. In fact, all the families, regardless of whether the man or the woman is a BRTO, will be affected in the same way. Women BRTOs, for whom operating bamboo train is the main source of income will have to get a new job. They will be entitled to the same compensation as men, based on consultations with the women and men. - Women Among the Project Area Women will be more affected by the disappearance of the bamboo train as customers of this way of transport; they are the main users of bamboo trains. As indicated above, women expressed concern that it would be more difficult for them if they and their children had to walk to the next village where an access road connecting to the national road is available. They also said that BRTOs are very important during emergencies and also in transporting their goods especially those who bring goods to the market to sell. The improvement of the passenger train services will be an answer; however it could not be as flexible as bamboo trains. Only the intervention of access roads could solve the transportation problems of villagers along the railway line. As discussed before, the building of a small road along the railway line will help women especially for their transportation needs.

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2.7.5.4 Gender Strategy

The gender strategy will be the same as the one presented in the RP. To take into account the specific situation of women BRTOs, the following actions will be implemented:

– Women and men from severely affected and vulnerable households will be given priority for employment-related civil works jobs and permanent employment for the railway. This will be included in the contract specifications.

– Even if they are not considered as vulnerable, special consultation will be conducted with the twelve women head of household identified to determine the level of impacts of these 12 families.

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3. SOCIO-ECONOMIC PROFILE

3.1 FINDINGS OF THE CENSUS AND INVENTORY OF LOSSES

Through the census and inventory of losses, the following information was obtained about all APs.

3.1.1 Monthly Rental (in US Dollars)

Two hundred fifteen (215) affected house renters were asked about how much rental they pay per month. Majority or 51% of them pay between US$10 to 20 per month, 22% pay below US$10, 9% pay more than US$100, while 7% pay between US$21 to 50 per month. The majority ( 94% or 201 out of the total 215) of the renters are from Poipet or Missing Link area. Two (2) out of the 3 affected shop space renters pay below US$10 per month while the one remaining shop space renter pays an amount between US$21 to US$50 per month. The poverty line computed by the National Institute of Statistics of the RGC’s Ministry of Planning is average of $0.45 per person per day (around $15 per person per month).�F

5 The following table indicates the level of income per Project component.

Table 29. Level of Income Monthly HH income Phnom Penh Southern Line Northern Line Missing Link Group Total Nb % Nb % Nb % Nb % Nb % Between $11 - 20 0 0,00 3 3,49 2 0,89 1 0,16 6 0,62Between $21 - 30 1 5,56 7 8,14 10 4,46 7 1,10 25 2,59Between $31 - 40 1 5,56 5 5,81 11 4,91 4 0,63 21 2,18Between $41 - 50 0 0,00 14 16,28 17 7,59 14 2,20 45 4,66Between $51 - 60 2 11,11 4 4,65 17 7,59 22 3,45 45 4,66Between $61 - 70 0 0,00 6 6,98 6 2,68 11 1,73 23 2,38Between $71 - 80 4 22,22 8 9,30 30 13,39 92 14,44 134 13,89Between $81 - 100 1 5,56 11 12,79 28 12,50 63 9,89 103 10,67Between $101 - 200 6 33,33 17 19,77 51 22,77 195 30,61 269 27,88More than 200 3 16,67 7 8,14 51 22,77 215 33,75 276 28,60N/A 0 0,00 4 4,65 1 0,45 13 2,04 18 1,87Group Total 18 100,00 86 100,00 224 100,00 637 100,00 965 100,00

Average poverty line per HH

3.1.2 Land Ownership/Claims Outside of the Project Area

According to Prakas No. 6 issued by the Royal Government of Cambodia, the ROW (see section 2.1) identified along the railway belongs to the Government. Therefore, the affected

5 Ministry of Planning (2006) Monetary values of the overall poverty line varies by different region in the country: $0.59 per person per day ($17 per person per month) in Phnom Penh, $0.49 per person per day ($14 per person per month) in other urban centers, and $0.45 per person per day ($13 per month) in rural areas.

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persons (APs) identified within the railway COI and living inside the railway stations cannot have any legal documents to claim for land. All 965 affected households and shop owners were asked if they have any other land outside of the project area. The majority (86% or 833) of them claimed that they do not have any other land outside of the project area; 14% (132) said that they have other land outside of the project area.

• In Poipet or Missing Link area, 565 out of the total 637 affected claimed that they have no land outside of the project while the other 72 said they have land outside of the project area.

• In the Northern Line area, 175 out of the total 224 affected claimed that they have no land outside of the project area.

• In Phnom Penh, 16 out of the total 18 affected claimed that they have no land outside of the project area.

• In the Southern Line area, 77 out of the total 86 affected claimed that they have no land outside of the project area.

3.1.3 Type of Vulnerability of Affected Households

Of the 965 affected households with houses and business owners, 50% are landless, 22% are female-headed, 5% are severely poor/low income (those whose monthly household income is below US$15). Only one percent belongs to both landless and female-headed and headed by elderly females. Thirty two percent stated that they do not belong to any vulnerable groups. In Poipet/Missing Line area, among the 637 affected households 58% are landless, 23% are female-headed, 4% are severely poor/low income, and 3% are both landless and female headed. A few others are disabled, elderly, have many children, and headed by elderly women.

3.1.4 Gender of Household Head

Seventy eight percent (78%) of the heads of the 965 affected households and shops are male while 22% are female. In Poipet/Missing Link are, 77% are male-headed households while 23% are female-headed. In the Northern Line areas, 85% are male-headed households while 15% are female-headed.

Table 30: Gender of Head of HH

Severely affected Partially affected Total Gender of Household Head Nb % Nb % Nb %

Male 632 76,9 118 82,5 750 77,7Female 190 23,1 25 17,5 215 22,3Total 822 100,0 143 100,0 965 100,0

3.1.5 Age of the Household Head (in years)

Thirty percent (30%) of the HH heads are 30 to 39 years old, 28% are 40 to 49 years old, 20% are 20 to 29 years old, 15% are 50 to 59 years old, and 6% are 60 to 69 years of age.

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In Poipet/Missing Link area, 33% are 30 to 39 years old, 25% are 40 to 49, 22% are 20 to 29, 13% are 50 to 59, and 6% are 60 to 69 years of age. Seven (7) household heads are 70 years old and above. In the Northern Line area, 1/3 or 33% of the household heads are 40 to 49 years old, 22% are 30 to 39 years old, 21% are 50 to 59, 14% are 20 to 29, while 7% are 60 to 69 years of age. There are 6 household heads who are 70 years old and above.

3.1.6 Ethnicity of the Household Head

Ninety nine percent (99%) of the household heads are Khmer and the remaining 1% is Vietnamese and Chinese. Of the 637 household heads in PoipPet/Missing Link area, 630 are Khmer, 2 are Vietnamese, and 3 are Chinese.

3.1.7 Monthly Income of Affected Households and Shop Owners (in US dollars)

Monthly household incomes are spread out in the different income brackets. Around 1/3 or 32% have incomes between US$51 to US$100, 29% earn more than US$200, 28% earn US$101 to US$200, 5% - US$41 to US$50, 3% - US$21 to US$30, 2% between US$31 to US$40, and less than 1% of them earn between US$11 to US$20 monthly. Male-headed households and male shop owners tend to earn more monthly incomes than female-headed households and female shop owners. A higher percentage of male-headed tend to cluster around the US$101 to more than US$200 income categories while the female-headed have monthly incomes in the vicinity of the US$51 to US$200 per month. For the affected households in Poipet/Missing Link area, 34% earn more than US$200 per month, 31% from US$101 to US$200, 30% - US$51 to US$100, 2% - US$41 to US$50, 1% - US$21 to US$30 and less than 1% earn between US$31 to US$40. Comparing the male-headed and male shop owners to the female-headed and female shop owners in the said location, most female-headed are earning in the US$101 to US$200 bracket while most male-headed have monthly incomes of more than US$200.

3.1.8 Job/Employment/Source of Income

The employment/income source for most or 41% of the affected households is work from hired labor. Less than 1/3 or 30% of them claim to be business owners or self-employed in the non-transport sector, 9% are moto-dup drivers, 6% are engaged in farming and livestock while 4% are NGO workers. Looking at the employment of female household heads, 42% of them earn incomes from work as hired helpers or laborers, a close second or 37% is having income source as business owners in the non-transport sector, 5% earn from farming and livestock tending, another 5% work as NGO staff, and close of 5% of the female household heads are market sellers and petty traders. In the whole project area, 42,8% of men are hired labourers. It is by far the main male source of income. A large part of the men are working in Poipet near the border and are transporting goods through the border. It also one of the main source of income for women (21,0%). Business (12,9%) and moto-dup driver (10,4%) are the other main men source of income

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Of note is the high proportion of women who are not working outside their home (20,1%); they are mainly housewives. As is common in Cambodia, 14,9% women are also involved in trade activities (petty trader, market seller). The following table indicates the gender distribution of occupation in the project area.

Table 31: Occupation of Members of Household in Working Age Disaggregated per Gender

Male Female TOTAL Main Source of Income Nb % Nb % Nb %

1 Farming/livestock/agricultural products 79 7,0 48 3,7 127 5,32 Business owner / self-employed - non-transport 145 12,9 118 9,1 263 10,93 Trucking business - owner / self-employed 11 1,0 43 3,3 54 2,24 Moto-dup driver 117 10,4 10 0,8 127 5,35 Market seller / petty trader 98 8,7 262 20,2 360 14,96 Employee - private sector business 25 2,2 51 3,9 76 3,17 Hired laborer 481 42,8 272 21,0 753 31,18 Government employee 28 2,5 2 0,2 30 1,29 Professional - teacher, health worker, etc. 8 0,7 6 0,5 14 0,6

10 Unemployed; looking for work 37 3,3 67 5,2 104 4,311 Does not work: retired, housewife, etc. 75 6,7 411 31,7 486 20,112 Police/Security Guard 14 1,2 0 0,0 14 0,613 Money Lender 1 0,1 0 0,0 1 0,014 NGOs Staff 5 0,4 5 0,4 10 0,4 Total 1 124 100,0 1 295 100,0 2 419 100,0 Primary occupation of affected households in Poipet are: hired laborer – 47%, business owner and self-employed in the non-transport sector- 26%, moto-dup driver – 10%, NGO worker- 5%, market seller/petty trader – 4%, and trucking business owner- 2%. Other occupation or source of income mentioned are farming and livestock growing, private employee, government employee, teacher, health worker, and police/security guard. More than 90% of the employed female household heads in Poipet/Missing Line earn incomes as hired helpers, business owners in the non-transport sector, NGO staff/worker, and market sellers and petty traders.

3.1.9 Education of the Household Head

Around one third of female household heads and shop owners never had formal education compared to the male headed households and male shop owners where only about 8% never had any formal education. More than half or 52% of the females reached primary school education. More than 70% of the male heads however reached primary and junior high school education. Similarly for the Poipet/Missing Link households and shop owners, more female heads than male did not have any formal education. While close to 66% of the female heads studied in primary and junior high school, a bigger 74% of the male heads reached the said education levels.

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3.1.10 Distance of Work Place (in kilometers)

Around 21% of the 965 affected households are working at home, 20% are working in a location less than a kilometer away from their house while 18% are working more than 4 kms. away. Less than 20% of the households work in a location between 2 to 4 kms and 1 to km at 16% and 13% respectively. The remaining 12% did not state distance of work place. One third of the female-headed households and female shop owners work at home compared to only 17% of the male heads who work at home. Data shows that the male heads tend to have farther (from their present residences) work places than the female heads. Most men (39%) have work places from 2 kms to more than 4 kms away from their homes while majority (53%) of the women either work at home or have work places less than 1 km away from their homes. In Poipet/Missing Link area, 22% of the affected households and shop owners work places are from 2 to 4 kms away from their house, 18% - from 1 to 2 kms, 17% work less than a kilometer away, 16% work at home, 15% work more than 4 kms. away from their homes while 11% gave no answer. More female heads in Poipet work at home and less than 1 km away while the male heads tend to work between 1 km. to 4 kms away from their respective houses.

3.1.11 Preferred Relocation Option

More than half (54%) of the affected households and shop owners prefer to be relocated within the same village, 198 (21%) of them would want to be near the market place, 131 (14%) in the nearby village, 36 (4%)just wants to shift back in the remaining ROW. Responses of male- and female-headed households and male and female shop owners in all 4 areas including Poipet/Missing Link are not much different with regard to preferred relocation.

3.1.12 Type of Relocation Assistance

Almost half or 965 affected would like self-relocation (individual household) with project assistance, 34% said they want to be in a government-assisted resettlement site, 16% said group relocation with project assistance while the remaining 4% said that they will leave to the project the type of relocation assistance it would extend. There is no difference between the kind of responses of male-headed and female headed households in the 4 areas including those of the Poipet/Missing Link AP-households and shop owners.

3.1.13 Assistance for Livelihood and Income Restoration

When the household and shop owners were asked about the type of assistance for livelihood and income restoration they would like to have, 51% said they would like to have cash assistance to buy replacement land and house reconstruction, 40% said replacement land, while 5% of them said they will leave it to project authorities on what assistance they can give. The nature of responses of male headed and female headed households and shops across the 4 project areas of Poipet/Missing Link, Northern and Southern Lines as well as Phnom Penh do not differ much.

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3.1.14 How Compensation Money is Going to Be Utilized

About two-thirds said that if compensation money is going to be provided, they will use it to buy land and house, 13% said they will use the money to do business, 4% will repair or rebuild their house, while 3% will use the money to rent a house. The nature of responses of male headed and female headed households and shops across the 4 project areas of do not differ much.

3.2 FINDINGS OF THE SOCIO-ECONOMIC SURVEY

In addition to the socio-economic conditions gathered from the 965 households whose main houses and shops will be affected by the railway rehabilitation, a separate socio-economic survey of 20% of the total AP households was carried out, including households with secondary structures and owners of trees. A total of 591 were surveyed. 212 (36%) of the total 591 respondents are males representing households or businesses that responded to the survey while 379 (64%) females responded for the households or businesses that they represented. From the total 591 units surveyed, 363 (61%) are homestead/households, 73 (12%) are businesses cum residences, 45 (8%) are business establishments mostly composed of small shop owners while 110 (almost 19%) are respondents from institutions and offices who stand to be affected by the proposed project. The Missing Link and the Southern Line areas have the biggest percentages of affected homestead/household respondents with each having 74% of the said respondent type. More than half or 54% of those who actually responded to the survey are the household head herself/himself, 32% who responded are other earning member of the household and the remaining 15% are dependent members who are at least 18 years of age who have sufficient knowledge on household circumstances. Southern Line area has the highest percentage (66%) of the household head as the actual respondents to the survey.

3.3 EXPENDITURE

Respondents were asked about their monthly expenses on basic necessities. Expectedly, food gets the highest average monthly expense at US$72.60. Education is a far second with an average monthly expense of US$32. Travel and communication, health, and festival/ entertainment are 3 separate monthly expense items with an average of US$24 each. Clothes are purchased with an average monthly expense of almost US$20. Push cart rental likewise take a portion of income of the households where they spend an average of US$18 for the service per month. Households spend an average of US$14 each for water and electricity per month. Use of toilet facility takes an average monthly expense of US$11. Respondents from Phnom Penh did not declare expenses for use of toilet facility. It may be interesting to note that respondents from the Missing Link have the highest average monthly expenses for food with US$85, travel and communication US$27, water US$15, and push cart rental with US$20 compared with the respondents from the 3 other survey areas. However, the same set of respondents from the Missing Link has among the lowest average monthly expense for education at US$26.80.

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When asked about the sex of person controlling household income and expenditure, 87% said that a female household member usually the spouse controls the income and expenditure for the entire household. The remaining 13% said that a male household member controls the income and expenditure. Among the 3 other areas, the highest proportion (92%) of respondents who said that a female member controls household income and expenditure come from the Missing Line area.

3.4 BASIC FACILITIES

Toilet Facility. More than half or 52% of those surveyed have no toilet facility in the house and most of those households can be found in the Southern Line (82% have no toilet facility) and Northern Line (61% have no toilet facility). Almost 46% of all of the households said they have water-sealed and sanitary latrine, and 2% have open pit latrine. Sixty (60 or close to 28%) out of the 217 respondents from the Missing Link have no toilet facility. Sanitation issues due to lack of toilet facilities may need to be addressed during consultations and training aspect of social support for the project-affected persons. Source of Drinking Water. Households surveyed in all areas have varied sources of drinking water and majority of them appear to obtain drinking water from unsafe sources. Of the 591 respondents, 28% get drinking water from piped water source, another 28% obtain drinking water from not piped water source, 24% from dug wells, 14% from ponds, and 5% of them have tube well as source of drinking water. Respondents from Phnom Penh (86%) are those that get drinking water mostly from piped water source while a big majority (74%) of respondents from Missing Link obtains drinking water from not piped water sources. Power/Lighting Source. A little over 50% of the households obtain power/lighting facility from power grid line. Missing Link/Line has the biggest proportion of households (91%) enjoying power/lighting facility from the grid line. Other significant power/lighting sources of the households are oil/kerosene lamp, battery, and local power generators. Source of Information/News. Television is the source of information/news for 48%) of the households surveyed, friends/relatives/neighbors for 28%, while radio broadcast is information source for 19% of the households. Majority or 58% of the households from Missing Link get information/news from television while 38% of them rely on their friends/relatives/neighbors.

3.5 ACCESS TO BASIC SERVICES

Distance to Health Center. Distance to health center for almost half of the households (40%) is more than 2 kilometers from their place of residence. One third (33%) of them are from 1 km to 2 km away from the nearest health center, 17% are less than 500 m away, while close to 10% are almost a kilometer away from the health center. Compared to the households surveyed in the 3 other areas, more households from the Missing Link (32%) area appear to be nearer the health center which is less than 500 km away from their homes. Distance to Primary School. Primary schools are for most households (41%) 1 to 2 kms. away from their houses, less than 0.5 km for 22%, 0.5 m to less than a kilometer for almost 23% and more than 2 km for 14% of the households surveyed. Distance of primary school for

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Missing Link respondents appears to be spread out in the different distance categories however clustering in the 0.5 m to 2 km distance of house to school site. Distance to Secondary School. Secondary schools seem to be farther from places of residence. Majority (58%) of the households claim that secondary school is more than 2 kms. from their house, 35% said it is 1 to 2 kms away, while almost 8% of them said that the secondary school is less than a kilometer away from their house. Almost 97% of 217 households from Missing Link said that primary school is either 1 to 2 kms. or more than 2 kms. away from their house. Distance to College. If for most of the households secondary school is more than 2 kms. away from their residences, college appears to be much farther for majority of them. Almost 73% of the households said that college is more than 2 kms. away from their place of residence. Bigger percentages of respondents from the Missing Link (83%) and Southern Line (83%) areas claimed that college is more than 2 kms. away from their respective residences. Distance to Market. Distance of market from the households’ current place of residence appears to be likewise spread out in the different distance categories. Close to 1/3 or 30% are more than 2 kms away, 27% are less than 0.5 km away, 26% are 1 km to 2 kms away from the market while 17% are 0.5 to a bit less than a kilometer away. Households from the Missing Link appear to be closest to the market with 51% of them claiming that the market is less than 0.5 km from their homes. Distance to Pagoda. The pagoda is at least 1 km to 2 kms away for more than 1/3 of the households (37%). It is 0.5 km or less than a kilometer for 26%, less than 0.5 km for 20% while more than 2 kms away for 17% of the surveyed households. Forty seven percent (47%) of the Missing Link respondents said that the pagoda is 0.5 km to a little less than a kilometer away; 30% claim that the pagoda is less than 0.5 km away from their house.

3.6 GOVERNMENT/NGO ASSISTANCE RECEIVED

If Received Assistance from GO/NGO in the Last 5 Years. Eighty eight percent (88%) claimed that they have not received any assistance from any government or non-government office in the last 5 years while 12% said that they have received some form of assistance in the last 5 years. Biggest percentage (at 98%) of households claiming they have not received assistance come from the Missing Link area; only 5 households claimed they have received assistance in the last 5 years. Name of GO/NGO That Provided Assistance. Most (37%) of the 70 households who said that they have received assistance in the last 5 years when asked what government office or NGO provided the assistance, said that they cannot remember what office or entity provided them the assistance. Offices or institutions that however merited mentions from the respondents are, among others: Cambodia People’s Party (CPP), JICA, ACIDDA, Cambodia Red Cross, CARE, Christian Foundation and Oxfam. Type of Assistance Received. Twenty three percent (23%) of the households received clothes as a form of assistance, 16% were provided with well and latrine, 13% got infrastructure improvement support, 11% received cash loans, another 11% received educational assistance, 10% received food assistance and 8% of the households benefited from construction of school

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facility. The 5 households from the Missing Line/Line benefited from well and latrine, educational and food assistance, and clothes.

3.7 PERCEPTION OF COMMUNITY PROBLEMS

Drugs. Almost 66% of the households said that drug problem in their community is not severe. It might be interesting to note however that the highest percentage of respondents - at 40%- who said that the drug problem is severe is those from the Missing Link area. Robbery. Majority of the households (56%) said that robbery is not a severe problem in their community. Among the 217 Missing Link respondents however, 39% said that robbery is a severe problem in their community followed by 34% who rated robbery as a moderate common problem in the community. Malnutrition. Malnutrition as a community problem was rated as moderate by 40% of the respondents, 37% rated it as severe while almost 24% rated malnutrition as not a severe problem. Southern Line has the highest percentage of respondents rating malnutrition as a severe community problem. Majority or 53% of the 217 Missing Link respondents, on the other hand, rated malnutrition as a moderate community problem while 38% of them rated malnutrition as severe. Illness. When asked to rate prevalence of illness in the community, almost half or 48% of the households rated illness as a moderate, 30% rated severe while 22% rated illness as not severe community concern. Sixty eight percent (68%) of Missing Link households rated illness as a community problem as moderate. No Security of Land Tenure. It appears that the issue of lack of security of tenure in their present residences is not a grave concern in the community for 74% of the households. More than half or 56% of the 217 Missing Link households rated lack of security of tenure as not severe, 19% rated moderate, while only 7% rated the said concern as severe. Sanitation. Sanitation indeed is a severe concern for 45% of the households. Thirty percent (30%) of them rated sanitation problem as a moderate problem in the community while ¼ or 25% rated it as not a severe problem. Highest percentage of respondents (at 68%) that rated sanitation problem as severe come from the Missing Link area. Solid waste. Similar to sanitation problem, solid waste problem was rated severe by 42% of the households surveyed. Twenty nine percent (29%) rated the problem as not severe while another 29% rated solid waste as a moderate community problem. Highest percentage of respondents at 68% that rated solid waste problem as severe come from the Missing Link area. Drainage. Forty percent (40%) of the households rated drainage problem as severe, 32% rated not severe, while 28% rated moderate. A high 70% of the Missing Link households rated drainage problem in the community as severe. The figure is highest compared to the percentage of households in the 3 other areas that rated drainage problem as severe (Phnom Penh 28%, Southern Line 42%, and Northern Line 16%). Water Supply. Forty five percent (45%) of the households rated water supply problem in the community as not severe, 35% rated it as a moderate problem, while 20% rated water supply

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problem as severe. A combined 80% of respondents from Missing Link area rated water supply problem in the community as moderate to severe.

3.8 AWARENESS AND OPINION OF THE PROPOSED PROJECT

Awareness of the Proposed Rehabilitation of the Railway in Cambodia. When the households were asked if they are aware of the proposed rehabilitation of the rail way in Cambodia, 81% of them said that they are aware of the proposed project while 19% said they are not aware. Male and female respondents do not differ much in terms of awareness of the proposed rail way rehabilitation project: 82% of males are aware and 80% of the females are aware of the project. Respondents from the Missing Link have the highest percentage - 95% - awareness of the project while respondents from the Southern Line areas have the lowest percentage of awareness at 61%. Comparing Missing Link male and female respondents, 96% males are aware while 94% females are aware of the project. Source of Information on the Proposed Project. Sixty six percent (66%) of them heard about the proposed project from neighbors, friends, and relatives, 12% from public meetings, 4% from rail way workers, 4% from rumors and hearsay, 3% from radio while another 3% of the households came to know about the project from local authorities. More than 80% of Missing Link respondents heard about the proposed project from their neighbors, friends, and relatives as well as from public meetings. For both male and female respondents, neighbors, friends, and relatives, rumors as well as public meetings are their sources of information about the project. Opinion on the Proposed Project. Respondents were then asked about their opinion of the proposed project. A big 73% said that the project is good, 13% said that the project is very good, 9% said that the project is bad while 6% of the households have no opinion of the project. Percentages of male (75%) and female (72%) respondents who rated the proposed project as “good” are not much different. More than 80% of the Missing Link households rated the proposed project as good and very good while 8% said that the project is bad. While the project was rated generally favorable by male and female respondents, lower percentage of females (73%) rated the project “good” compared to the percentage of males (82%) who rated the project “good”. Reasons Why Project is Very Good. Among the common reasons mentioned by the households why they think the proposed project is “very good” are (in order of most to least number of mentions): improve transportation of goods for export and import, provide safety and security in transportation, increase business opportunities for the people, help develop the country, and help decrease transportation cost. Reasons Why Project is Good. Among the common reasons mentioned by the households why they think the proposed project is “good” are (in order of most to least number of mentions): improve transportation of goods for export and import, provide safety and security in transportation, help develop the country, improve the economy, help decrease transportation cost, improve people’s standard of living and increase business opportunities for the people.

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Reasons Why Project is Bad. Eighty eight percent (88%) of the 51 respondents who said that the proposed project is bad said that they fear of losing their house and land because of the project while the rest mentioned that they might not have any place to live, loss of their property and income, and loss of place for doing business. All (18 respondents) of the Missing Link respondents who said that the project is bad fear of losing their house and land. Approval/Disapproval of the Project. When all of the households surveyed were asked if they approve of the project, 93% (548 household-APs) said they approve of the project, 5% (30 household-APs) did not approve of the project, while 2% have no answer. Females approving the project (91%) are about 4 percentage points lower than the approving males (95%). A big 88% of the Missing Link households approve of the proposed railway rehabilitation project. A higher percentage of males (92%) signified approval compared to that of females (86%). Of the 30 households and shop owners who disapprove the project, 14 are from Missing Link, 13 are from the Northern Line area, and 2 have no answer. Reasons for Disapproving the Project. Twenty three (23) of the 30 households who disapprove of the proposed project cited fear of losing their house and business while the remaining 7 said that they have no money for replacement land, house, and stall that may be affected by the project. Suggestions to Mitigate the Negative Impact of the Proposed Project. When those who disapprove were asked about their suggestion to mitigate the perceived negative effects of the proposed project, the following were cited: provision of alternative resettlement site for those who stand to be displaced, compensation for affected land and houses, cash compensation for affected property, and reduction of COI to minimize social impact. For Those Who Do Not Approve and Suggested Mitigating Measures. Those who disapprove of the proposed project were finally asked if they will approve of the project if mitigating measures for the perceived negative effects will be done, 24 out of the 30 who disapprove said they will already approve the proposed project while 6 said that they will still not approve even if mitigating measures will be implemented. Four (4) of the 6 are from the Northern Line area while 2 are from Missing Link. All of the 6 who still disapprove of the project despite implementation of mitigating measures are female respondents.

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4. LEGAL FRAMEWORK AND POLICIES

4.1 GOVERNMENT’S LEGAL FRAMEWORK

The Land Law of August 2001 is the current legislation governing land and property rights. The law states the ownership for non-movable properties in Cambodia which includes land, trees and structures. It is based on the provisions of the Constitution of 1993. There is no specific legislation regarding involuntary resettlement but the law regarding land or property acquisition for that resettlement by the State or other entities is indicated in Article 5 of the Land Law:

“No person may be deprived of his ownership unless it is in the public interest. An ownership deprivation shall be carried out in accordance with the forms and procedures provided by law and regulations and after the payment of fair and just compensation in advance.” Specific laws, decrees or directives setting out regulations on land or other property acquisition in the context of involuntary resettlement will be based on Article 5 and Article 11 that states: “The legal regime for ownership of immovable property varies in accordance with the requirements of Cambodian society, such as agricultural land, forests, waterways, lakes, reservoirs or expanses of water, seashores, riverbanks, urban immovable property, and land for construction of industrial development zones.” “Specific laws shall supplement the provisions of this law or shall derogate this la in order to meet socio-economic, land management, and urban planning exigencies.” “Regulations may, in compliance with legislative provisions, stipulate the details of these various property regimes.”

Article 6 of the Land Law also defines the legal basis on which transfers of ownership are based:

• “Only legal possession can lead to ownership.

• “The State may also provide to natural persons or legal entities of Khmer nationality ownership over immovable property belonging to the State within the strict limits set forth in this law.

• “All transfers or changes of the rights of ownership shall be carried out in accordance

with the required general rules for sales, succession, exchange, gift or by court decision.

• In Article 7, it states: “Any regime of ownership of immovable property prior to 1979

shall not be recognized.”

• On policies concerning land acquisition, Article 44 of the Cambodian Constitution of 1993 states the government’s right to confiscate properties from any person shall be

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exercised only in the public interest as provided by law and shall require fair and just compensation in advance.”

• Article 20 states that “nobody shall be forced to transfer his or her ownership, if forcing

is not necessary in the public interest and (if) no proper and just indemnity has been paid to the owner”.

• Article 19: "Any person having titles or real situation under the influence of Article 19 of

this law cannot claim any compensation or cost for maintenance or development made under immovable property which is illegally possessed. Any illegal and intentional or deceitful acquisition of the public domain of the State or public legal entity shall be punished as provided in Article 259 of this law. For possession of public domain that damages or delays word in favor of the common interest, especially the possession of land necessarily reserved for maintaining roads, the penalty shall be double. In all cases where the offender does not cease possession within the period of time determined by the competent authority, the authority can proceed to evict that offender."

• Article 259: "infringement upon the public domain shall be punished with a fine from

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

Royal Government of Cambodia's Proclamation No. 6 (September 27, 1999): an Order by RGC entitled "Measures to Crack Down on Anarchic Land Grabbing and Encroachment" prohibits private ownership on state lands. In particular, it required a cessation to encroachment on public and private properties as well as State lands, including public gardens, reserved lands for roads and rail sites. This order directs the municipal provincial authority, and the Royal Cambodian Armed Forces, National Police and Military Policy, and all relevant ministries and institutions, to participate in solving problem of anarchic land grabbing and encroachments. Land Registration The right to private occupation of land was re-established in 1989 before the passing of the 1992 and 2001 Land Laws, which ratified Cambodia government policy and common usage. This position has been reinforced by the system of land use and possession. Resettlement Policy in Cambodia Sub-Decree No. 19 ANK/BK dated 19 March 2003, for instance, provides the condition within which landless families displaced by public development projects may acquire land on which to shift (Article 3).

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There is, however, no formally established national policy for resettlement in Cambodia, and a draft policy and sub-decree are being prepared by the Inter-Ministerial Resettlement Committee (IRC) chaired by the Ministry of Economy and Finance (MEF), with technical assistance of ADB. A consultative report setting out the proposed Policy on Involuntary Resettlement has the following main provisions being reviewed:

• displacement will be reduced or avoided as much as possible by sensitive design of the civil engineering works

• the area to be cleared will be limited to the width required for the construction itself

and for construction to proceed

• land replacement for land is the preferred option and any replacement will be based on present market value plus a margin for loss of future earnings

• compensation for affected persons will not be reduced to reflect depreciation

• affected persons and host communities shall be encouraged to participate in the

design and implementation of resettlement plans

4.2 ADB’S POLICIES

The following summarizes the key ADB policies relevant to the preparation of the Resettlement Plan for the Project: ADB Policy on Involuntary Resettlement (1995). This aims to provide an effective opportunity for people who are dispossessed or displaced to achieve development benefits, particularly the poor and vulnerable, who may be disproportionately affected by resettlement losses. The four important elements of the policy are: (i) compensation to replace lost assets, livelihood and income; (ii) assistance for relocation by providing relocation sites with appropriate facilities and services; (iii) rehabilitation assistance to restore living standards of the affected people to levels equal to, if not better than, that which they had before the project; and (iv) assistance to the poor and vulnerable to improve their socio-economic status. The basic principles of the policy are as follows:

(i) Involuntary resettlement should be avoided where feasible. (ii) Where population displacement is unavoidable, it should be minimized by

exploring all viable project options. (iii) People losing all or part of their land, means of livelihood or social support

systems, should be compensated and assisted, in cash or kind, so that their economic and social future would be generally as favorable as it would have been in the absence of the Project. All compensation is based on the principle of replacement cost.

(iv) Involuntary resettlement should be conceived and executed as part of the project.

(v) The affected people should be informed fully and consulted in resettlement and compensation options.

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(vi) Existing social and cultural institutions of APs who must relocate should be supported and used to the greatest extent possible, and APs should be integrated economically and socially into host communities.

(vii) Lack of legal rights to the assets lost or adversely affected should not prevent APs from entitlement to compensation and rehabilitation measures. Those without legal title to land occupied or used by them (e.g., non-titled APs) should be entitled to various kinds of resettlement assistance to improve their socio-economic status.

(viii) All stages of resettlement identification, planning, and management should ensure that gender concerns are incorporated, including gender-specific consultation and information disclosure. This includes special attention to guarantee women’s assets, property, and land-use rights and to ensure the restoration of their income and living standards.

(ix) Particular attention must be paid to the needs of the poorest and other vulnerable groups that may be at high risk of impoverishment. This may include APs without legal title to land or other assets, households headed by females, the elderly or disabled and other vulnerable groups, particularly ethnic minority peoples. Appropriate assistance must be provided to help them improve their socio-economic status.

(x) The full costs of resettlement and compensation should be included in the presentation of project costs and benefits.

(xi) Cost of resettlement and compensation is financed by counterpart fund. ADB Policy on Indigenous Peoples (1998). This focuses on the participation of indigenous peoples in development and avoiding any undesired effects of development. Indigenous or ethnic minority peoples are defined as “those with a social or cultural identity distinct from the dominant or mainstream society, which makes them vulnerable to being disadvantaged in the processes of development”. The Policy recognizes the potential vulnerability of ethnic minorities in the development process; that ethnic minorities must be afforded opportunities to participate in and benefit from development equally with other segments of society; and, have a role and be able to participate in the design of development interventions that affect them. The impacts of a project on ethnic minorities are considered significant if they positively or negatively (i) affect their customary rights of use and access to land and natural resources; (ii) change their socioeconomic status; (iii) affect their cultural and communal integrity; (iv) affect their health, education, livelihood, and/or social security status; and/or (v) alter or undermine the recognition of indigenous knowledge. If the negative impacts of projects and programs are unavoidable, the policy ensures that the effects are mitigated and the affected indigenous peoples are properly compensated and that the necessary assistance and rehabilitation measures to be provided are consistent with the needs and aspirations of affected IP; compatible in substance and structure with affected IP's culture and social and economic indicators; conceived, planned and implemented with the informed participation of affected communities; equitable in terms of development efforts and impact; and do not impose the negative effects of development on ethnic minorities without appropriate and acceptable compensation. The ADB Policy on Gender and Development (1998) adopts gender mainstreaming as a key strategy for promoting gender equity, and for ensuring that women participate in and that their needs are explicitly addressed in the decision-making process for development activities. For projects that have the potential to have substantial gender impacts, a gender plan is prepared to

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identify strategies to address gender concerns and the involvement of women in the design, implementation and monitoring of the project. ADB Accountability Mechanism (2003). This serves to enhance the capacity of ADB to respond to, prevent and/or resolve problems associated with the implementation of its policies in ADB-funded project. It consists of two separate but complementary functions: (i) a consultation phase consisting of a special project facilitator (SPF) who will respond to specific problems of locally affected people in ADB-assisted projects through a range of informal and flexible methods; and, (ii) a compliance review phase consisting of a compliance review panel (CRP) to investigate and make recommendations to remediate alleged violations of ADB operational policies and procedures that have resulted or are likely to result in direct, adverse and material harm to project-affected people. The policy of the consultation phase is to assist project-affected people with specific problems caused by ADB-assisted projects through a number of informal, consensus-based methods with the consent and participation of all parties concerned. To this end, the consultation phase is designed to deal with complaints from any complainant who (i) is, or is likely to be, directly affected by an ADB-assisted project, and (ii) claims that the direct and material harm is, or will be, the result of the ADB-assisted project. The relevant operations department has the initial responsibility for responding to the concerns of affected communities. Complaints may be filed by (i) any group of people in the country where the ADB-assisted project is located or in a member country adjacent to the borrowing country; (ii) a local representative of the affected group; or (iii) a non-local representative, in exceptional cases where local representative cannot be found and the Special Projects Facilitator agrees. If a complaint is made through a representative, it must clearly identify the people on whose behalf it is made and provide evidence of authority to represent the project-affected people. ADB Public Communications Policy (2005). This seeks to encourage the participation and understanding of people affected by a project or intervention and other stakeholders to ADB-assisted activities. Information on ADB-funded projects should start early in the preparation phase and continue throughout all stages of project development, in order to facilitate dialogue with affected people and other stakeholders. The Executing Agency should, as necessary, develop a project communications plan and designate a focal point to maintain contact with affected people. With respect to land acquisition, compensation and resettlement, information should be distributed to APs and publicly in the following manner: (i) prior to loan appraisal, the draft RP; (ii) following completion of the final RP, the final RP; and, (iii) following any revisions, the revised RP. This information can be in the form of brochures, leaflets or booklets, in the local language(s) as well as English, the working language of the ADB. When APs include non-literate people, other appropriate methods of communications will be used.

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5. PROJECT PRINCIPLES The overall objective of the entitlement policy for the Project is to ensure that all people affected by the Project are able to maintain and, preferably, improve their pre-project living standards and income-earning capacity through compensation for the loss of physical and non-physical assets and, as required, other assistance and rehabilitation measures.

The following principles have been adopted for the Project to guide the entitlement policy:

(i) Acquisition of land and other assets, and resettlement of people will be avoided or minimized as much as possible by identifying possible alternative project designs and appropriate social, economic, operation and engineering solutions that have the least impact on populations in the project area.

(ii) All APs residing, working, doing business and cultivating land within the required project area as of the completion date of the updated census and detailed measurement survey will be entitled to be compensated for their lost assets, incomes and businesses at replacement cost and will be 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) Lack of legal rights to the assets lost or adversely affected, tenure status or social or economic status will not bar the AP from entitlements to such compensation and rehabilitation measures or resettlement objectives. Non-titled APs or those who have no recognizable rights or claims to the land that they are occupying, (e.g., squatters), are entitled to assistance for loss of land use, compensation for non-land assets and various options of resettlement assistance and restoration of income and living standards provided they cultivated/occupied the land before the eligibility cut-off date. The resettlement package includes measures to ensure that such APs are able to find alternative sites or income sources, depending on their losses.

(iv) APs that lose only part of their physical assets will not be left with a portion that will be inadequate to sustain their current standard of living.

(v) The minimum viable size of a remaining residential plot of land will not be less than 30 square meters; however, all APs occupying land within the Corridor of Impact have the option of moving out of the ROW if they so choose.

(vi) Temporarily affected land and communal infrastructure will be restored to pre-project conditions.

(vii) Income levels will be restored to pre-project conditions.

(viii) APs will be fully consulted and will participate in the preparation and implementation of the RP. The comments and suggestions of affected people and communities will be taken into account during the design and implementation phases of resettlement activities.

(ix) There shall be effective mechanisms for hearing and resolving grievances during implementation of the resettlement plan.

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(x) Existing cultural and religious practices shall be respected and, to the maximum extent possible, preserved.

(xi) Special measures will be incorporated in the RP and in complementary mitigation and enhancement activities to protect socially and economically vulnerable groups at high risk of impoverishment, such as ethnic minorities, women-headed families, disabled-headed households, landless households, children and elderly people without support structures, and people living below the poverty line. Appropriate assistance through asset building strategies will be provided to help them improve their socio-economic status such as land-for-land, replacement housing of minimum standard and increased security of tenure."

(xii) The Executing Agency (EA) will establish institutional arrangements to ensure effective and timely design, planning, consultation, and implementation of the land acquisition, compensation, resettlement, and rehabilitation program.

(xiii) Adequate resources will be identified and committed during resettlement planning for the Project. This includes adequate budgetary support fully committed and made available to cover the costs of land acquisition, compensation, resettlement and rehabilitation within the agreed implementation period for the Project; and, adequate human resources for supervision, liaison and monitoring of land acquisition, resettlement and rehabilitation activities.

(xiv) Appropriate reporting, monitoring and evaluation mechanisms will be identified and set in place as part of the resettlement management system. Monitoring and evaluation of the land acquisition, resettlement and rehabilitation processes and the final outcomes will be conducted by an independent monitoring agency.

(xv) The RP will be disclosed to APs through public meetings. It will also be translated into Khmer and distributed to APs and placed in the commune offices for the reference of APs as well as other interested groups.

(xvi) Construction works cannot commence on a particular section unless the IRC, of which MPWT is a member has satisfactorily completed all resettlement activities in that particular section and ensured that the required rehabilitation assistance is in place and the area required for civil works in that section is free of all encumbrances.

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6. PROJECT ENTITLEMENTS All compensation and assistance is based on the principle of Replacement Cost. It is to replace lost assets, livelihood and income, in cash or in kind so that the socio-economic conditions of the APs will be restored to pre-project level. Particular attention will also be given to the needs of the poorest and vulnerable AP households where the risk of impoverishment is high and that appropriate assistance will be provided to them to improve their social and economic conditions.

6.1 DEFINITION OF REPLACEMENT COST

Replacement cost is defined as the method of valuing assets sufficient to replace the lost assets at current market value plus any transaction costs. If the losses cannot be easily valued or in the absence of functioning markets, attempts are made to establish a structure that enables APs to restore their livelihoods to at least equivalent to pre-project conditions.

6.2 PROJECT ENTITLEMENTS

Considering that all APs identified within the railway COI and those within the station areas have no legal documents to claim for land, they are therefore considered by the Government as illegal settlers or squatters (non-titled APs), and the land that they are currently occupying cannot be compensated for. However, their non-legal status does not bar them from receiving Project entitlements. The Government will provide assistance to all APs (except renters), within in the ROW, for the loss of land use, at replacement cost. The Project will ensure that all APs, irrespective of tenure status, will be able to restore their pre-project socio-economic conditions. As mentioned in previous sections, the poorest and vulnerable APs will be given special attention to help them to improve their socio-economic conditions. Information gathered from the field�F

6 indicates that a number of AP households were provided with certifications from the village chiefs allowing them to stay in the area after the fall of the Khmer rouge in the early 1980s. The said certifications have been traded from one person to another similar to buying a piece of land. There were also claims that a number of households in Poipet who were previously awarded with a resettlement package by the Government and a Norwegian NGO (Norwegian People Aid) that facilitated the development of an off-site resettlement in the same commune in 1998. Furthermore, there were also claims that beneficiaries from previous projects have reclaimed the land within the ROW and rented it out to newcomers in Poipet. However, the information derived above cannot be taken at face value because the names of households who benefited in the said programs were not provided during data gathering and such claims require proper documentation and verification. Careful study will be done during project implementation, It is known that Cambodian officials have allowed households to use the ROW as these households derive their income from this area. For this Project, the Government has committed to continuing to allow the use of residual ROW area for a minimum of 5 years, or longer, until

6 Interview with local officials, some residents.

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the land is required for railway use, to minimize resettlement impacts provided that APs follow the conditions set out by the Government as indicated in the entitlement matrix below. APs (i.e. those within the COI) will be provided with the opportunity to relocate outside the ROW (Off-Site) to individual or group resettlement sites for more security of land tenure. Recognizing the need for APs to reside near their sources of livelihood, the Government will develop resettlement sites for landless APs within the vicinity (3 to 5km) of the current site to enable APs to continue their current forms of livelihoods.

Table 32. Entitlement Matrix

Type of Impacts

Entitled APs & Project Entitlements

Implementation Issues

A. Impacts on Land Used Within the COI and Station Area�F

7

A.1 For Agricultural Purposes Permanent Loss of Agricultural Land Use

Cash assistance for “Loss of Land Use” for agricultural land in the ROW.

AP households will be allowed to continue to cultivate in the residual ROW for agricultural purposes only.

“Loss of Land Use” has been costed at $0.50 per m2,.

AP Households will not be evicted from the residual area of the ROW without justifiable cause, i.e., relocation will not be done unless the land required in the future is for Government railway project purposes

�F

8.

A.2 For Residential and Commercial Purposes A2a) PARTIALLY AFFECTED MAIN HOUSE AND/OR SHOPS (small stalls, independent/ Family-owned)

Cash compensation for partially affected main house and/or shop at replacement cost (see Section B below). Cash assistance for loss of land use of affected land. Households will be permitted to remain in remaining ROW for at least 5 years provided that : (a) no new permanent structures will be constructed on residual ROW area (outside of the COI); (b) households accept the fact that they will in the future be removed by the Government entirely from the ROW in accordance with the Government’s legal framework and the standards of this RP. However APs will be provided a certificate from the Government ensuring that they will not be forced to move for a period of 5 years.

The minimum viable size to reorganize is 30 m2. Owners of partially affected house and/or shops have the option to move out of the ROW and will be entitled to receive compensation for loss of land use and compensation for the whole house and/or shop at replacement cost (see section B below). However, if the remaining land and structures are viable, the compensation for affected land and structure will be applied in lieu of immediate relocation, but they will still be eligible for relocation out of the ROW if and when the Government requires the ROW in the future..

7 Station area means Poipet Station bldg and area (3 ha) required for rehabilitation. 8 Future widening of Project’s established COI or expansion of station areas to meet safety and operational requirements of the railway.

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Type of Impacts

Entitled APs & Project Entitlements

Implementation Issues

By the end of the 5 years (or later depending on actual Government requirements), households will be resettled in accordance with this RP.

A2b) TOTALLY AFFECTED/ RELOCATING HOUSEHOLDS (ON-SITE RELOCATION).

Cash compensation for totally affected main house and/or shop at replacement cost (see Section B below), including the cost of building their houses on stilts and elevated walkways if they rebuild in flood-prone areas. Households with main house and shops affected within the COI will be permitted to construct main house and shops by shifting back in the residual ROW area or by moving to another site as close as possible to the original place of shops within the residual ROW area provided that: (a) No permanent materials will be used to built the structures on residual ROW area (outside of the COI); (b) Households accept the fact that they will in the future be removed by the Government entirely from the ROW in accordance with the Government’s legal framework. However APs will be provided a certificate from the Railway Company ensuring that they will not be forced to move for a period of 5 years. By the end of the 5 years, households that have no other land will be provided with alternate land in a serviced group resettlement site at a location that provides comparable opportunities for restoration/continuation of livelihood.

The minimum viable size to reorganize is 30 m2.

A2c) TOTALLY AFFECTED/ RELOCATING HOUSEHOLDS (OFF-SITE RELOCATION) TO RELOCATE OUTSIDE THE COI AND OUTSIDE THE RESIDUAL ROW LAND

Cash compensation for totally affected main house and/or shop at replacement cost (see Section B below). For loss of land use, AP Households will be provided with two options: (a) Replacement Land (as a priority). Households will be provided with an equally advantageous location either at individual/group site, or in a market place in the case of shops, with more security of tenure. The Government will provide landless APs with a substitute plot of land (individual or serviced group sites) at no cost to APs, with full title on land.

The replacement land will be developed by the Project such as land filling, provision of basic facilities and infrastructure. Households will get their land title certificates (in the names of both husband and wife, if married) as soon as possible if the plots are given at no cost to APs or at the completion of payment of property.

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Type of Impacts

Entitled APs & Project Entitlements

Implementation Issues

OR (b) Cash assistance for Loss of Land Use and make their own relocation arrangements.

Land use unit rate of $0.50/m2 for agricultural land in the ROW will also be applied to residential and commercial land use in the ROW.

A2d) PARTIALLY AFFECTED LARGE BUSINESS ESTABLISHMENTS (Company-owned/ Registered)

All partially affected structures will be compensated at replacement cost as indicated in Item B below. Business owners that will be partially affected will be allowed by the Government to remain in remaining ROW for 5 years provided that : (a) no new permanent structures will be constructed on residual ROW area (outside of the COI);

Business owners will not be evicted from the residual area of the ROW without justifiable cause, i.e., relocation will not be done until the land required in the future is for Government railway project purposes. However, if the remaining land and structures are viable, the compensation for affected land and structure will be applied in lieu of immediate relocation but they will still be eligible for relocation out of the ROW if and when the Government requires the ROW in the future..

A2e) TOTALLY AFFECTED/ RELOCATING LARGE BUSINESSES (OFF-SITE) TO RELOCATE OUTSIDE THE COI AND OUTSIDE THE RESIDUAL ROW LAND

All totally affected structures will be compensated at replacement cost as indicated in Item B below). For loss of land use, (a) Assistance in Finding Replacement Land (As a Priority) OR (b) Cash assistance for Loss of Land Use Land use unit rate of $0.50/m2 for agricultural ROW will be applied to residential and commercial in the ROW.

At the request of relocating business, the local government will assist in finding suitable commercial sites for relocating business wherein large businesses have to purchase the land themselves.

B. Impacts on Non-Land Assets (irrespective of tenure status)

B1) Partially Affected: Main Houses and Shops, Big Business Establishments, Private and Public Infrastructure, and Secondary Structures (fence, walls)

If partially affected, compensation at replacement cost based on current market prices of affected materials plus provision of current labor cost for repair. If totally affected, compensation at replacement cost based on current market prices of materials and labor without depreciation or deductions for salvageable materials.

The viability (stability and proportion) of remaining unaffected structures will be determined by APs and local officials at the time of detailed measurement survey. The whole structure will be compensated if found that it is no longer viable for continued use. If the structure is found not viable, APs will be entitled to compensation and resettlement as per entitlement indicated in section A2c or A2e above.

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Type of Impacts

Entitled APs & Project Entitlements

Implementation Issues

B2) Crops and Trees

Crops will be compensated at replacement cost based on current market prices in the area (based on average market value of crops for the previous three years) Fruit trees will be calculated as follows: yield x number of harvesting x current market price x number of years to mature. During implementation, compensation for trees will be adjusted based on their age: • From 1-3 years old- 1/3 of it’s full

price (as it can be replanted) • From 3-5 years old- 2/3 of full price • More than 5 years old- will get full

compensation

All fruit trees in this study are in full yield giving age i.e. 5 to 15 years old. Mature trees will be replaced with seedlings (10 seedlings to one mature tree) and assistance provided to plant.

C. Impacts During Relocation and Loss of Income or Source of Livelihood

C1) Relocation of Main House

(a) Transportation Allowance Cash payment of $20 per market stall;

$40 for houses being relocated on same plot; $60 for houses relocated to another plot in same village area; and, $70 for houses relocated to another village or commune. AND (b) Living Allowance • For HH moving back (on-site):

- 20 kg of rice/person/month for one month for house with light material and wooden houses (Types 1A to 2D) under 5 x 12m

- 20 kg of rice/person/month for three months for house with concrete and brick and for large wooden house (Types 2E to 4B) or larger than 5m x 12 m

• For HH moving to another location (off-site)

- 20 kg of rice/person/month for three months for house with light material and wooden houses (Types 1A to 2D) under 5 x 12 m

- 20 kg of rice/person/month for six months for house with concrete and brick and for large wooden house (Types 2E to 4B) or larger than 5m x 12 m

Ambulant vendors (push carts, umbrella types). No payment for structures, allowances, and loss of land use due to their mobility. Owners of all secondary structures only (no main house and/or shops) affected will not be entitled to any allowances because there will be no disruption to their place of residence or business (minor impacts only). All owners of houses and house cum shops are entitled to only one-time transportation allowance.

C2) Relocation of Renters due to Loss of House and/or Shops that Renters are Occupying

(a) Rental Allowance equivalent to three months’ rent allowance ; AND (b) Transportation Allowance as indicated above (See C1a above) AND (c) Living Allowance (See C1b) above), (d) Assistance to find alternative,

Renters/ business renters will be entitled to only one-time transportation allowance.

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Type of Impacts

Entitled APs & Project Entitlements

Implementation Issues

affordable accommodation; and If renter has shop, entitled to lump sum allowance for lost income as indicated in C3 below)

C3) Relocating Businesses Owners/Renters losing income during transition period until business re-established

Unregistered business a) Cash compensation for actual amount

of income if it can be confirmed, or equivalent to a living allowance of 20 kg of rice per 5 person for one to two months( $25 to $50).

b) Transportation Allowance as indicated above (See C1a above),

Registered business a) Cash compensation equivalent to their

daily net income (as reflected in tax receipts) multiplied by the days of business disruption.

b) Transportation Allowance as indicated above (See C1a above),

Businesses owners who cannot show any tax receipt and cannot otherwise confirm income amount will be provided a one-time cash assistance of $25 to $50. If the disruption last less or more than two months, the living allowance will be less than two months or more than 2 months or longer until disruption is finished and business can be re-established. This includes permanent vendors inside the private market if affected.

C4) Relocating Employees of Affected Businesses

Cash compensation for lost wages or salary equal to current wages or salary for each day they cannot work while business is re-establishing.

C5) Bamboo rail transport operators (BRTOs) that will stop their operation: 165 BRTOs with motor attached to bamboo platform + 24 BRTOs with motor bike attached to bamboo platform (105 out of total 189 will be severely affected)

BRTOs severely affected (main income is from operating bamboo train – current estimate is 105 BRTOs) will be entitled to: a) Cash compensation for each severely

affected BRTO of $200 AND b) Cash Compensation for lost income is

equivalent to a 1 to 3-month living allowance ($25 to $75) during the transition period while selling bamboo platform and motor and buying motorbike .

BRTOs who are dependent on bicycle/motorbike lane being built, will be provided with compensation for lost income until lane is built by contractor.

BRTOs not severely affected (main source of income is not from operating bamboo train) will be entitled to: a) Cash compensation for their

investment in bamboo platform ($200); AND

b) Compensation for one month’s lost income of $25, (equivalent to a 1 month living allowance).

BRTOs with motor attached to bamboo platform invested average of $350 for motor and platform, but can re-use motor valued at $150. BRTO income is summarized in Table 13 (average $20-80 per month) BRTOs for whom operating a bamboo train is not the main income have lower monthly income than BRTOs having bamboo train as main income

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Type of Impacts

Entitled APs & Project Entitlements

Implementation Issues

C6) Impacts on vulnerable households

In addition to the above compensation and living allowance to be provided, vulnerable APs will : (a) receive special assistance allowance equivalent to 20 kg of rice per family member per month for six months.

Vulnerable APs (female-headed households, the elderly, the disabled, Income less than US$20/month per person, and indigenous APs). As mentioned in Item B above, relocating landless APs will be entitled to a substitute plot with title at no cost to APs.

D. Impacts on Land for Development of Individual/Group Resettlement Site D1) Private Land (for Resettlement Site Development or Individual Plots)

Legal owners or owners with acceptable (recognized) proof of ownership will be entitled to: (a) compensation for land at replacement cost, i.e., current market value based on recent land sales, productive value, transaction costs, and similar location attributes, AND (b) Compensation for non-Land assets on Land as indicated in B and C above.

Private Land (for Resettlement Site Development or Individual Plots) As much as possible, vacant public or private land will be chosen.

To ensure that temporary impacts during construction will be avoided, if not minimized, the civil works contracts will have the following requirements: (a) contractor to pay rent for any land required for construction working space; (b) for the contractor working space, to the extent possible, only unused land will be used to avoid disruption to households and business establishments, use of residential land will not require any impacts on houses and structures and will not disrupt access to households; and (c) temporary use of land will be restored or improved in its pre-project condition. The contractors will submit to MPWT and IRC-MEF the working space requirements including duration of use. MPWT and IRC-MEF, will undertake the DMS and apply the corresponding payments for all losses based on the the approved RP, and make all payments directly to APs. The contractor will finance all temporary impact costs.

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7. CONSULTATION, PARTICIPATION AND DISCLOSURE Media used for information and education campaign (IEC) is a very important aspect of disclosure activities. While community meetings usually employ the lecture type, this must be complemented by visual aids to help ensure more comprehension as well as attention among the audience. Maps to show the project site, leaflets or primers that contain information about the project and the resettlement component, among others, can help in the appreciation of the benefits of the project and resettlement itself vis-a-vis negative impacts of a controversial and highly sensitive issue of relocation. This is not to “sugar-coat” the negative impacts but would rather promote the clarity of purpose as well as to set the facts right. It is therefore important to give attention and detail to the different means of communication by utilizing the known effective means – both popular and familiar.

7.1 DURING RP PLANNING

Consultation meetings and focus group discussions were carried out during RP planning. The said meetings were attended by both men and women villagers. Information provided to the participants were as follows: project information, project requirements in terms of COI, ADB policies, RP planning activities, schedule, mitigation measures, relocation options, compensation issues, and availability replacement land. Participants were also encouraged to express their views and opinion towards the project, potential impacts and other project related issues. Issues raised by participants during the project are as follows: Participants’ approval of the Project due to the following reasons:

• Improved railway will provide faster means of transportation • Better railway is an indication of the country’s development • Road travel is good but travel via train is more comfortable • Riding trains gives them more security and therefore less worries • Train fares are expected to be cheaper than other land transportation

Concerns:

• May lose their homes especially those near the tracks • May not be properly compensated if impacts cannot be avoided • May affect their businesses if they are to be relocated • Households do not have land certificates and claim that they are landless • Residual ROW land may not be available to some households, and therefore cannot

shift back • Type of Assistance to poor renters and if they will also be given housing and other

forms of assistance • May take time to relocate and re-establish themselves in a new location, hence, may

disrupt their time for making a living • May take time to integrate with host communities if moved to another location • Women and other vulnerable households may experience more difficulty. They said

female-headed households and disabled may need to pay more money to help them relocate and rebuild their houses

• The new relocation site may be too far from school

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Participants’ suggestions/requests:

• Willing to shift back provided that it is near their place of residence (in Battambang and Sihanoukville, households prefer to relocate on-site)

• In Poipet, majority of the participants who attended the FGDs preferred off-site to have more security of tenure if the distance from present site is not too far. Those who opted to relocate on-site should at least be given five years to stay

• Households should be properly compensated • If residual ROW land not available, they request for an alternative place to live and

that it will not be too far from their businesses or place of work • Design measures to mitigate resettlement impacts as much as possible • Poor and vulnerable APs should be given special assistance because they cannot

afford to buy land and build their own house • To inform them of further developments in terms of project schedule, clearer project

entitlements and assistance • To consider also long term renters and tenants to receive entitlements such as land. • Relocation sites should be provided with basic services such as water, roads and

electricity. The table below shows the schedule of consultation activities carried out. Annex 1a presents the minutes of meetings and FGDs.

Table 33. Schedule of Consultation Activities

Schedule of Project

Phase

Consultation for/ Disclosure of RP

Schedule of

Consultation/Disclosure

Public consultation in Poipet – 2 half day sessions for villages Kbal Speaen, Baleley, and Kilometer 4

3 April 2006

Village discussions with census and inventory team members in Poi Pet

4 - 12 April 2006

Public consultation for Environmental and Social Impacts held in Phnom Penh – with attendees from Poipet/Banteay Meanchey, Northern Line and Southern Line AP’s and local officials, national agency, NGO, and international development organization representatives

24 April 2006

Discussion with Ms. Tundra Tan, village chief of Domnak Smach village, Northern Line

17 May 2006

Community meeting in Battambang affected village near the rail way station

19 May 2006

Community meeting in Veal Rinh village in Sihanoukville, a Southern Line affected village

20 May 2006

Community meeting in Phum Bei village in Sihanoukville, a Southern Line affected village

20 May 2006

January to June 2006

Community meeting in Beaung Saloung village, a Phnom Penh affected village

25 May 2006

Village discussions with census, inventory, and socio-economic survey team supervisors and members for “missing link”, Northern Line, Phnom Penh, and

22 May - 20 June

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Schedule of Project

Phase

Consultation for/ Disclosure of RP

Schedule of

Consultation/Disclosure

Southern Line 2006

7.2 DURING RP UPDATING AND IMPLEMENTATION

During RP, key informant interviews, individual and public meetings, focus group discussions, and separate consultations with severely affected and vulnerable APs will be carried out. Consultation and participation activities will continue throughout project implementation to ensure that information about the overall project and resettlement-related information are properly understood and accepted by the affected communities. Detailed consultations individually and/or in small groups with severely affected, female household heads and other vulnerable households will be carried out in order to determine their specific needs, requirements and preferences for rehabilitation assistance and, as required, relocation. To facilitate these consultations: (a) separate consultations will be held with women and other vulnerable groups to encourage their participation in resettlement planning and implementation and (b) Consultations will take into consideration the following issues -- timing of consultations to accord with people’s daily and seasonal responsibilities and availability and communications methods appropriate to people’s literacy levels and or ethnic minority language (Vietnamese and Chinese).

7.3 DISCLOSURE

Consultation meetings will again be carried out to disclose the draft RP. An information booklet in Khmer language and script (please see Annex 2 for the draft information booklet in English) has been prepared by to be distributed to all the affected persons before loan appraisal. The booklet shall be able to:

• Explain the relevant details of the Project scope • Explain the RP and different levels of impacts • Provide details of entitlements including unit rates • Explain the relocation and resettlement site development operations and options • Explain the implementation schedule with a timetable for the delivery of entitlements • Explain the compensation process and compensation rates • Provide a detailed explanation of the grievance process • Enlist the help of village leaders and other influential community officials in encouraging

participation of affected persons • Try to ensure that members of vulnerable groups understand the process and their

needs are considered In line with ADB’s new public communications policy (OM Section L3/OP), ADB will upload this resettlement plan on ADB resettlement website as follows:

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• before the end of October 2006 - draft resettlement plan; • upon receipt of final resettlement plan – the final resettlement plan; and • upon receipt of a revised resettlement plan – the revised resettlement plan

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8. GRIEVANCE MECHANISM Grievances of APs in connection with the implementation of the RP will be handled through negotiation with the aim of achieving consensus. Complaints will pass through two stages before they may be elevated to a court of law as a last resort. The Executing Agency will shoulder all administrative and legal fees that will be incurred in the resolution of grievances and complaints if APs win their case. Other costs incurred by legitimate complaints will be also refunded by the project if APs win their case. The IRC does not involve in the judgment of the complaints, the eligible APs will be accepted under mutual satisfaction at each stage. The process of grievances will be in four stages:

• First Stage. APs will present their complaints and grievances to the Village or Commune Resettlement Sub-committee or IRC working group and, if he or she wishes, to the nominated NGO working on the GRC. The NGO will record the complaint in writing and accompany the AP to the Village or Commune Resettlement Sub-Committee. The Sub-Committee will be obliged to provide immediate written confirmation of receiving the complaint. If after 15 days the aggrieved AP does not hear from, or if the AP is not satisfied with the decision taken by the first stage, the complaint may be brought to District Office.

• Second Stage. The District office has 15 days within which to resolve the complaint to

the satisfaction of all concerned. If the complaints cannot be solved in this stage, the district office will bring the cases to Provincial Grievance Committee.

• Third Stage. The Provincial Grievance Redress Committee meets with the aggrieved

party and tries to resolve the situation. The Committee may ask for a review of the DMS by the IMA. Within 30 days of the submission of the grievance the Committee must make a written decision and submit copies to MPWT, the IMA, the IRC and the AP.

• Final stage, the Court of Law Arbitrates. If the aggrieved AP does not hear from the

Grievance Committee or is not satisfied, he/she will bring the case to Provincial Court. This is final stage for judging the complaints. If any party is still unsatisfied with the provincial court judgment he/she can bring the case to other higher level of court.

If efforts to resolve disputes at the village and project level are still unresolved and unsatisfactory, APs have the right to directly discuss their concerns or problems with ADB’s Operations Department, i.e., Infrastructure Division, Southeast Asia Department or SEID, through the ADB Cambodia Resident Mission office in Phnom Penh. If APs are still not satisfied with the responses of SEID, they can directly contact the ADB's Office of the Special Project Facilitator (OSPF) as outlined in the attached "Information Guide to the Consultation Phase of the ADB Accountability Mechanism" (Annex 4).

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9. RELOCATION STRATEGY

9.1 SCOPE OF RELOCATION

The following table indicates the number of totally and partially affected houses and shops. On a total of 822 totally affected HH, and who will have to move back or to be relocated, 609 (74%) are located in Poipet, mainly near the Cambodia-Thailand border; it is mainly a slum area. Most of the affected households are houses only.

Table 34. Scope of Relocation

Phnom Penh Southern Line Northern Line Missing Line Partially affected

Totally affected

Partially affected

Totally affected

Partially affected

Totally affected

Partially affected

Totally affected

Nb Nb Nb Nb Nb Nb Nb Nb House Affected

5 10 56 19 10 103 23 598House cum Shop Affected 0 0 4 1 2 13 4 7Shop Affected 3 0 3 3 32 64 1 4Total 8 10 63 23 44 180 28 609

9.2 MAIN PRINCIPLES

This section sets out the Resettlement Strategy for affected households and establishment owners who need to be relocated out of the defined COI for the rail way lines to be rehabilitated under the proposed project. This is mainly based on the following:

• consultations and meetings in communities of the Missing Link Area, Northern and Southern Lines where there is concentration of households and establishment owners that need to be resettled

• discussions with concerned national government representatives from Ministry of

Public Works and Transportation (MPWT), Royal Rail Ways of Cambodia (RRC), Ministry of Land Management, Urban Planning and Construction (MLMUPC), and the IRC...

• Discussions and consultations with local government units such as Vice-Governor of

Banteay Meanchey and Governor of Ou chrov District where the Poi Pet commune is located

• Results of the May to June 2006 census of affected households and establishment

owners conducted in the 4 sections of the rehabilitation work namely: Missing Link (Cambodian-Thai border in Poi Pet), Northern Line (Sisophon to Phnom Penh), Phnom Penh, and Southern Line.

The information gathered indicates:

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• Characteristics of the affected households and establishment owners are varied such that no single resettlement or compensation approach will be able to address the differing needs of segments of the affected

• Those who need to be relocated are generally willing to move out of the COI to give

way to the project because of the perception that a rehabilitated rail way is going to be beneficial for them in anticipation of development in the area from a revitalized rail way system.

• The possibility of an off-site relocation as part of RCG consideration should as much

as possible be not too far from their present housing and business areas.

• Affected people who need to be relocated have expressed willingness to pay for the replacement land in an off-site relocation to gain security of tenure.

• RCG needs to enforce the ROW but may allow people the use of the remaining

ROW realizing the need of the people having business in the ROW to continue their livelihood activities however temporary. With current government law, private individual land titles cannot be granted to government-owned public lands including those of the ROWs.

9.3 RESETTLEMENT STRATEGY

The Resettlement Strategy will therefore consist of:

1. On-site resettlement in the remaining ROW will be provided for APs who will be displaced. They will be provided residential and/or business spaces in the ROW. However specific location will still be determined after more consultations and engineering studies to be done. Construction of permanent structures in the ROW will not be allowed. The Government will issue a certificate to APs relocated On-site indicating that they will be permitted to stay in the remaining ROW for a period of 5 years. APs will be provided with sufficient materials to be able to build their houses, shops and other structures on stilts and to build elevated walkways if they relocate within the remaining ROW, which is prone to flooding.

2. Off-Site relocation for households who wish to have a more security of tenure. Landless

households will be provided with substitute plots with title free of charge. Off-site resettlement will be jointly explored by IRC, Provincial Resettlement Subcommittee (PRS) and MPWT for those who will opt to own land for residential and/or business purposes and if implemented, priority will be given to the landless, low-income, and to APs who signify interest to pay for off-site relocation. Consideration will be given that this assistance is a government long term investment because AP’s will have to amortize to the government until the land is paid in full. Several sites have been already surveyed and are presented in section 9.5.

Aside from engineering studies (to determine availability of spaces in the ROW for on-site resettlement), more public consultations, discussions with national and local government officials and technical experts, and a Detailed Measurement Survey (DMS) cum final AP identification census, an exploratory study of a housing materials credit program will be done.

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9.4 PREFERRED OPTION BY APS

APs have expressed their preferred options for relocation during consultation. In Poipet which is the most affected area, a majority of the 70 participants (82%) prefer to be relocated Off-site, as they want to have security of tenure (in ROW, land titles cannot be issued). However, the distance from their present location to the new location should not exceed 6 km. Otherwise, they prefer to stay at present location as they could not afford for transport. Most of them are hired workers and are working through the border. A minority of participants chose to be relocated On-site with condition that they should be allowed to stay for at least five years. In Battambang, the participants said that they would agree to shift back to open spaces (at the back of their present houses) on the remaining ROW in order to keep their present sources of livelihood. Most of them have small businesses (retail) in the area; men are mostly construction workers or motor taxi driver. In Sihanoukville, APs prefer to be relocated Off-site, if the resettlement site is not too far from their present location, in order to stay near their actual place of work. In Phnom Penh APs also want to be relocated Off-site. More information on the consultation of APs is presented in Annex 1a, 1b and 1c.

9.5 RESETTLEMENT SITES

Possible resettlement sites were identified. These are privately owned open lands that need to be acquired and developed. No secondary APs are present. The sites will be developed with all the basic infrastructures: access roads, water supply, electricity, drainage and toilets facilities (pit latrines). The sites will be fully developed before APs have to move onto them. The following tables indicate the main characteristics of all potential resettlement sites.

Table 35. Possible Relocation Sites

Poipet

Village Prey Kob village Kilometer Lekh (4) Andong Thmar Toul Pongro

Land Owner Several private land owners (5)

Private individuals

Private individuals

Contact C/o Kaosambo 012 508715

Size 5 to 10 ha 10 ha

Cost of Land 5-10$/sqm 3.5$/sqm 6$/sqm 2 to 3$/sqm

Work Opportunity

Village with small commercial activities

Benefit from the proximity of the highway

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Public services Along the highway Near hospital,

school Near hospital, school

Distance from present location 5 km

3 to 4 km 6km 6km

Land use Agriculture land/ vacant land

Grass land Grass land

Phnom Penh

Village Veal Village, Trapang

Krasang, Dangkor, Trapang Andong Village,

Dangkor, Krasang Paem Village, Chom Chao, Dangkor,

Land Owner Mr. Tith Mr. Suy Mr. Long

Contact c/o Mr. Kamsan 012 964

470 011 211 378 c/o Mr. Kamsan012 964

470

Size 9000 sqm 8000 sqm 3.5 ha

Cost of Land 6.50$/ sqm 15$/ sqm 45$/sqm

Work Opportunity

Market and commercial activities within 1.5 to 3

kilometers

Market and commercial activities within 1.5 to 3 km

Along national road no.4; in an urban area with

commercial activities and other work places

Public services

Pagoda, hospital, school, private electricity, and

others within 2km

Pagoda, hospital, school, private electricity, and

others within 2km Easily access to all social

infrastructure

Distance from present location 15 km 10-15 km 7 km

Land use vacant land vacant land vacant land

Sihanouk Ville

Village O Trav Village, Commune 4, Mittapheap O 1 Village, Mittapheap

Land Owner Mr. Chan Thon Mr. Ket

Contact 016 909 539 c/o 016 909 539

Size 2 ha 2ha

Cost of Land 6.00$/ sqm 7.5$/sqm

Work Opportunity Agriculture activity; 5km from market

and urban center Half km from market; located in urban

area

Public services

No water supply and public electricity but easy access to urban area

Access to all services

Distance from present location 5 km 4km

Land use vacant land vacant land

Battambang

Village O Tambang commune, Sangke Kor Village, Battambang

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Land Owner C/o Mr. Kim Koeng C/o Mr. Kim Koeng

Contact 012 430 902 012 430 902

Size 1000m x 1000m 200m x 200m

Cost of Land 7$/sqm 14$/sqm

Work Opportunity Village with small commercial activities Near market

Public services Easy access to all social infrastructures Easy access to all social infrastructures

Distance from present location 9km 1km

Land use vacant land vacant land

9.6 PREVIOUS EXPERIENCE OF RELOCATION IN THE POIPET AREA

In September 1998, a Norwegian NGO, Norwegian People Aid, (NPA), together with ZOA (a Netherlands NGO) developed a plan to move the poorest of the inhabitants from the slum areas in Poipet, along the former railway line, near the border, to a new resettlement site (Prachea Thom Village). This project involved the same type of population than the one affected by the railway project in Poipet. In addition some families, according to NPA, have actually a land in the NPA’ RS and are renting house in the affected area along the railway line in Poipet and are therefore included in the number of APs under the railway project.

9.6.1 Characteristics of the Project

The district authorities provided 116 hectares of land (4km away from Poipet town). 1,998 families (13,011 persons, 7902 women and 5109 men), in 10 clusters, were resettled. The site had all the basic infrastructures (water, drainage, electricity). A school, health facilities (now an hospital) and a pagoda were also built. A Village Development Council (VDC) was also created. The families were selected based on the following criteria:

- Landless poor families who had lived in the area for at least 3 years; - Poor families with over 5 dependents; - Families whose daily income was less than $2.5; - Families with disabled, widow and elderly people.

To be able to receive land title, the families have to commit to the following:

- Not selling, pawning or renting their plot of land or allow other family to live on their plots, or leave the land for long periods of time without permission from the RWG

- Should live in the area for 5 years; - Contribute $1.25/month for 3 years to create a community fund for the maintenance of

the RS, payment of volunteer teachers, administrative costs of the VDC.

9.6.2 Situation of the Resettlement Site in 2003

In 2003, an evaluation of the project was conducted. The main findings were as follow: - Houses are deteriorated and poorly maintained due to lack of funds;

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- Land is not enough for HH with large families to plant garden crops or to generate; income. Land size did not take into account family growth ;

- Current land situation 831 families (42%) lived permanently for 5 years 560 families (28%) had pawned their land 447 families (22%) lived non permanently; worked in and out of Thailand and asked

friends or relatives to look after the plot 132 families (7%) sold the land 28 families (1%) abandoned the land

- Mismanagement of community fund, therefore lot of distrust. The main reasons for selling, pawning, and abandoning the land were the following:

- Increase of transportation costs; because it is farther from work, the site does not provide the same job opportunities, therefore, they went back to their original, unsanitary places that they had moved from or returned to the railroad temporarily but with the intention to return to the RS;

- Lack of natural resources (wood to make charcoal); - During the riot, the border was closed for few weeks and some pawned their temporary

titles because they have no income; - Due to health problems/sickness, HH use money for medical treatment; - Due to market pressure (money lenders who charge 30-40% interest and business-

minded people) with the cooperation of local chiefs and VDC; - Due to rumors that the Government will take back the land; - Due to social problems (human trafficking, drugs, gambling, alcoholism, AIDS).

832 families remained in the site for the following reasons: - Have slightly better wages, more family members working, and few family dependents,

therefore have more savings to address illness/family problems; - Managed to cultivate some garden crops (some were able to sell produce); - No alternative land to go to; - Elderly not wanting to continue a transient lifestyle; - Because local business were set up and members were able to find work in

warehouses, sewing hats, sorting second hand clothes; - They value their land and it is considered as an asset that they can sell in the future;

It was also indicated that NPA’s active and dominating role made local authorities relinquish their responsibilities. NPA withdrawal left a management void. A poor follow-up from NPA was also pointed.

9.6.3 Lessons Learned

Based on this evaluation, NPA identified lessons that can be learnt from this experience: - Resettlement should be carefully considered based on the following factors:

Whether resettlement really address the roots of the problem; Whether people will be able to find work and be able to balance income and

expenses; Whether local authorities are prepared to take full responsibility (administrative and

management); Whether people are really looking for “resettlement” or simply for economic

opportunities.

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- Plot does not guarantee livelihood security; - Plot does provide poor family with assets that they can sell or pawn; - Livelihood security is also affected by political and economic factors that cannot be

predicted in advance; - Vulnerable families has difficulty following strict rules due to the instability of their

condition; - Vocational trainings, product marketing and job networks are important intervention; - Low interest credit or small-scale savings schemes may also reduce the need for

people to borrow from private money lenders at high interest rates; - Good provision of information to poor families of their rights and entitlements is

important; - NGOs can assist in setting up local networks for people to be able to state grievances

and concerns. The development of RS in Poipet especially but also in the whole project area should gain experience from this project. Two reports have been published on this experience.�F

9

9 Norwegian People’s Aid Cambodia (2004) A Study of Population Movement in Prachea Thom Village, Poipet Commune, O’Chrou District, Banteay Meanchey Province. Researched and written by Theam Rithy. Norwegian People’s Aid Cambodia (2005) A Study of the Community Fund in Prachea Thom Village, Poipet Commune, O’Chrou District, Banteay Meanchey Province. Researched and written by Chak Sakhoeun.

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10. INCOME RESTORATION STRATEGY

It is considered that livelihood of the people that will be displaced from the railway COI may be affected and, if affected, must therefore be restored to their pre-project conditions or better. On-site relocation has been proposed to minimize the numbers of APs who might have to move away from their sources of livelihood in the immediate future. For those who choose on-site relocation, eventual relocation out of the ROW will be delayed for at least 5 years. Off-site relocation will be to sites within close proximity (3 to 5 km) of current locations, wherever possible, to minimize distance from current livelihood activities and to enable continuation of current livelihood activities.

If, under exceptional circumstances off-site relocation sites cannot be found within 3 to 5 km of current sites, careful consideration will be given to how such APs would be assisted to restore their income levels. Lessons learned from the NPA experience show that providing a plot of land will all services doesn’t guarantee livelihood security. Vulnerable people will also be entitled to such programs.

The compensation given to BRTO will enable them to purchase replacement motorbikes to enable them to continue their transport businesses, and thereby restore their livelihoods.

The detailed income restoration strategy will be finalized during implementation, according to the actual need of APs. It will be based on the following factors: APs’ preferences, level of preparedness of the AP to participate in such programs, and economic viability. Sample TOR for income restoration program design and implementation is presented in Annex 3. However some possible income restoration measures are presented below.

10.1 SEVERELY AFFECTED HOUSEHOLDS, POOR AND VULNERABLE APS

10.1.1 Vocational Training

NPA resettlement experience in Poipet shows that vocational training is considered as an important intervention. Low interest credit or small-scale savings schemes may also reduce the need for people to borrow from private money lenders at high interest rates. However credit is difficult to implement in Cambodia.

In Poipet and in the large cities (Phnom Penh, Pursat, Battambang, Sihanoukville) job opportunities are present for APs. It is also in these areas that we can found the higher number of severely affected APs. In Poipet especially, after being devastated by years of war, this town has become increasingly busy since the reopening of the international border crossing. Most travel by land to the ancient temples of Angkor, Cambodia's main tourist attraction, goes through Poipet. In recent years Poipet has also become famous among Thai gamblers for it's Casinos. The Ministry of Social Affairs, Labor, Vocational Training and Youth Rehabilitation (MSALVTY) is in charge of vocational training in Cambodia. The Ministry is present in each provinces and districts and is managing training centers.

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Each Provincial Resettlement Sub-Committee Working Group (PRSC-WG) and the project supervision consultant will have to work closely with the MSALVTY at different levels, The office of job placement of the MSALVTY should be also coordinated for job placement of AP household members as well, if they wish, following their training. This office can also coordinate for job placement of AP household members during RP implementation too. Several NGOs specialized in vocational training are also present in all the provinces located along the railway line. They could also be involved in the training program. For example in Poipet, according to NPA, NGOs like : Women Crisis Center, Field Research Agency and Don Bosco are providing vocational training. One member in each severely affected and vulnerablde household will be entitled to vocational training. Trainees will be entitled to a subsistence allowance during the training period, which may last from three to six months on average. The unit costs of the skills training will be $300 USD per trainee. Since skills training alone cannot guarantee post-training employment, skills training will be linked to post-training job placement or self-employment.

10.1.2 Project-related employment

Severely affected and vulnerable APs will be prioritized in gaining employment 1) in project construction work during construction and 2) in Railway Company during operation. However, since approximately 600 Railway Company employees may be retrenched as part of the railway restructuring, APs will be competing with them for jobs, so this may not be a feasible income restoration measure for APs. Several jobs opportunities are present in the railway company. For example, due to the rehabilitation of the railway and the increased number of trains along the northern and southern lines, the Royal Railways of Cambodia will have to hire new workers, especially level crossing guards. Currently, due to the small number of trains and their low speed, the cross levels are not guarded. It is anticipated that a level crossing will be present at each station. In addition, in big cities (Phnom Penh, Sihanoukville, Pursat, Battambang, etc.), more level crossings will be necessary. This type of work don’t require specific skills. For each level crossing, at least three guards will be needed (each guard will work eight hours). The number of level crossings is anticipated to be between 80 and 100. If we count three guards per level crossing, 300 jobs could be available. Along the missing line, new stations will be built and will also require new staff. In each severely affected family, one person of working age will be prioritized in gaining employment during the construction phase. The opportunity to be hired permanently by RRC will also be presented to APs according to the availability of permanent jobs. The family will decide which person will benefit from these measures. The cost of training will be assumed by the RRC. The Project will include this provision in the contractors’ contract. The contractors’ contract will include specifications on labor: not to hire children as laborers, no discrimination against employment, and no differential wages paid for work for equal value for women, ethnic minorities, and poor households.

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10.1.3 Subsistence Allowance During Transition Period Until Incomes are Restored

Severely APs will receive a subsistence allowance equivalent to 20 kg of rice per family member per month for six months.

10.1.4 Special Assistance for Vulnerable Groups During Transition Period Until Incomes are Restored

Those APs who are more at risk to impoverishment will receive additional assistance equivalent to 20 kg of rice per family member per month for six months.

10.2 BAMBOO RAILWAY TRAIN OPERATORS

10.2.1 Demands from BRTOs

During the SES, the BRTOs were asked a question about the kind of assistance they will require from the project. Cash assistance was the first demand of 44.9% BRTOs. They invest in their vehicle and the project will take away their source of income. They want cash to start new activities. Another 20.1% of BRTOs asked the project to provide them with a job. A significant number of BRTOs have no agricultural land and, if they lose their jobs, they will have to find non-land-based activities. Other assistance requested includes providing agriculture extension services (12.1%), building a road (5.8%) and providing land (4.7%).

Table 36 Type of Assistance Required from Project

Assistance required Southern line Northern line TOTAL No. % No. % No. % None, because it will not have any impact on family 6 18.75% 17 10.83% 23 12.17%Depends on the project 0 0.00% 16 10.19% 16 8.47%Cash 14 43.75% 52 33.12% 66 34.92%Land 1 3.13% 8 5.10% 9 4.76%A new job 11 34.38% 27 17.20% 38 20.11%Agricultural extension services 0 0.00% 23 14.65% 23 12.17%Building a road 0 0.00% 11 7.01% 11 5.82%Unknown 0 0.00% 3 1.91% 3 1.59%Total 32 100.00% 157 100.00% 189 100.00%

10.2.2 Income Restoration Strategy

The income restoration strategy will be different according to the level of dependence of families on bamboo train operation. The main objective will be for alternative livelihoods to be in place before the BRTOs have to stop being BRTOs.

– Families relying completely on bamboo train operation (105 HH)

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For 105 BRTO HHs, operating a bamboo train is the main source of income. These families will therefore lose their main income. They will be entitled to: Assistance to maintain transporting occupation by changing from transporting on

the railway to transporting by road BRTOs have invested in their vehicle. According to SES, they invested an average of $350 per bamboo train. The main part of the vehicle, the motor, represents an investment of around $150. Because the motor can be reused, it has been agreed that every BRTO will be entitled to cash compensation of $200 ($350 total investment minus $150 for the re-sellable motor) for the investment they made in the bamboo platform. The building of a small road along the railway line, would give the opportunity to BRTOs to keep the same occupation (transportation of goods and persons along the railway) if they could afford a motorbike for example. The price of a second hand motorbike in Cambodia is around $350. With the cash compensation of $200 for investment they will need around $150 to buy a motorbike. OR

Project-related employment (permanent job) in the Railway Company BRTOs will be entitled to project-related employment as described in section 10.1.2. We should note that cross level guards could be a job is well adapted for BRTOs. It doesn’t require specific skills and, because BRTOs know the railway very well and are used to dealing with the train schedule, they are well prepared for this job. In addition, the levels crossings are scattered all along the railway and should not be too far from their home. However, with the retrenchment of approximately 600 railway workers as part of the railway restructuring program, those 600 laid off workers will also have priority to compete for the railway jobs. AND

Compensation for lost income during the transition period BRTOs’ incomes range between $20 and $160 per month, with the majority earning on average between $20 to $80 per month, and can earn as much as $10 per day during harvest season (IOL data in RP Table 13). However, since it is difficult to validate each BRTO’s actual income as claimed during the IOL, each BRTO will be entitled to 1 to 3-month living allowance ($25 to $75) to cover loss of income during the transition period (until they find a new job). or until they are able to re-establish their transport operation along the to-be-built motorbike land.. This amount is equivalent to a 3 months subsistence allowance.

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11. ETHNICITY, GENDER AND VULNERABILITY ISSUES Based on the census activities carried out, almost all APs are Khmer and that only 5 AP households are Vietnamese and Chinese. During RP updating, special attention will be given to ensure that their needs and priority are heard and properly addressed. This will also apply to women households and other vulnerable groups. Women households participated during the consultation process and IOL activities and will continue to participate during implementation and monitoring. The following points will be part of the gender strategy for the project:

– Ensure women’s participation in all consultation meetings, implementation and monitoring.

– Separate consultations will be held with the women from the affected households and female-headed households to determine the level of impacts, issues related to relocation of housing, selection of replacement land, and special assistance required addressing their specific needs for them to be able to restore or improve their livelihoods.

– Involvement of women in the choice and design of the resettlement site will be particularly important. Women will be closely consulted to solicit their views on such sensitive issues such as toilets, sanitation, water and house plan and their needs during relocation and transition.

– The DMS will ensure that women members of the affected households participate in the activities.

– Joint registration of land-use rights in the names of both husband and wife in instances where households are allocated alternative forestry, agriculture and/or residential land.

– Specific measures to ensure those women, specifically women-headed households, will have access to the income restoration programs in the Resettlement Plan.

– Presence of women at the time of compensation payment. Husband and wife will jointly receive compensation payment.

– Attention to complaints and grievances made by women.

– Women as well as men from severely affected and vulnerable households will be given priority for employment-related civil works and permanent employment for the Royal Railway of Cambodia.

– Disaggregated monitoring indicators by gender and for various ethnic groups will be developed for the centralized resettlement/social management system.

– In the squatter settlement and in the affected communes/villages, separate consultation workshops on resettlement planning related to resettlement sites, compensation, improvement of livelihood will be conducted for men and women from affected households with specific emphasis on participation of women headed households and ethnic minority group to identify specific issues related to women’s income earning activities which will be affected by relocation and land acquisition.

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– During preparation of the detailed measurement survey of losses (DMS), men and women from the households will participate in the discussion of DMS. The district resettlement working groups will include district women officials. The commune level resettlement committees will include women representatives from the affected households.

– At the inception phase of the Project, capacity building training program on resettlement activities will be designed for the women and men from the affected households. Emphasis will be given to including trainees from women headed households and ethnic minority households. The training will include commune and district level women officials, district and commune resettlement committee members. The objective of the training is to provide detailed information on resettlement activities such as proposed sites, APs’ entitlements, livelihood strategies for income restoration or improvement, grievance procedures, etc.

– Relocation of squatter settlement in the resettlement sites will take into account women’s work in informal sector economic activities. Compensation plan, livelihood restoration or improvement strategies will ensure that women can maintain their present income earning activities and access to market. Similarly, relocation of women entrepreneurs will take into account access to market, road, etc.

– In relocation, compensation and livelihood improvement activities, special consideration will be made to address poor women headed households, and ethnic minority households.

– Allocation of land will include joint registration of land rights in the names of husband and wife for replacement land.

– Specific attention will be paid to complaints and grievances made by women, ethnic minorities, and poor households.

A national consultant on gender and development (12 months) will be included in the consulting services for the implementation of the gender strategy. He/she will be hired prior to the DMS. The organization to be selected in the design and implementation of income restoration programs will ensure that there are female staffs and gender specialist on the team, must have gender and development experience in Cambodia, and must have gender perspective and experience to deal with women and other vulnerable groups.

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12. INSTITUTIONAL ARRANGEMENTS

12.1 MINISTRY OF PUBLIC WORKS AND TRANSPORT – PROJECT MANAGEMENT UNIT

MPWT, under the general guidance from the IRC-MEF, will be responsible for updating, implementing and internal monitoring of resettlement activities in accordance with ADB’s policies and requirements.

The Resettlement Unit at the Project Management Unit (PMU/RU) and Resettlement Unit of the MEF (RU-MEF) will be the lead arm in the updating, implementation, and monitoring of the RP. The PMU/RU will be responsible for the following resettlement activities:

• Secure IRC’s approval of the RP; • Spearhead the selection of relocation sites; conducting feasibility study, as needed;

preparing technical designs and calculating the budget needed for the acquisition and development of relocation sites; flesh-out in terms of specific activities, timeframe, responsibility, and needed resources the details of carrying out the acquisition and development of the relocation sites and the shifting of APs;

• Orient, as needed, the PRSC and its working group (PRSC-WG) on their tasks

relative to RP implementation; • Together with the PRSC-WG, spearhead field activities in connection with the

implementation of the RP; and • Prepare progress reports on RP implementation for submission to MPWT, the IRC,

and the ADB.

12.2 PROVINCIAL RESETTLEMENT SUB-COMMITTEE (PRSC)

The Provincial Resettlement Sub-Committee (PRSC) is a collegial body at the provincial level.�F

10 Headed by the Provincial Deputy Governor, the members of the PRSC are provincial department directors of line ministries represented in the IRC, and also the District Governors, and the Chiefs of communes and villages traversed by the Project road. The technical arm of the PRSC is the Working Group (PRSC-WG). The PRSC-WG is headed by the Director (or a representative) of the Provincial Department of Public Works and Transport (PDPWT). The regular members (i.e., not changing within the province) come from the Provincial Government, Provincial Department of Economy and Finance (DEF), and the Ministry of Interior. In an effort to make the whole process of resettlement effective, participatory and transparent, the chiefs of the affected communes and villages, and representatives of the APs in each affected village will sit in the PRSC-WG in matters concerning their respective areas of

10 Set up for the first time in 1997 per the Prime Ministers’ Decision No. 13 in connection with Loan 1659-CAM.

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jurisdiction. AP representatives will be recommended by the APs prior to the commencement of RP implementation. The PRSC, through the PRSC-WG, will have the following functions:

• Facilitate a sustained public information campaign, ensuring that the public, especially the APs, are updated on any developments regarding the Project and resettlement activities;

• As needed, assist the PMU/RU and MEF/RU in the confirmation of the identities of

APs, in the validation of impacts, and in the computation of compensation and other entitlements of APs;

• Assist the PMU/RU and MEF/RU in the selection, acquisition, and development of

relocation sites or substitute plots;

• Assist the PMU/RU and MEF/RU in the delivery of compensation and other entitlements of APs;

• Receive and act on the complaints and grievance of APs in accordance with the

Project Resettlement Policy; and

• Maintain a record of all public meetings, grievances, and actions taken to address complaints and grievances.

12.3 PROJECT SUPERVISION CONSULTANTS

The project supervision consultants will comprise an international resettlement specialist (6 months), national resettlement specialist (12 months), and national community development/livelihood specialist (18 months).Project Supervision Consultants will be engaged for the purposes of both supervision and capacity building so as to ensure the effective updating and implementation of resettlement activities. The Project Supervision Consultants will comprise of one international resettlement specialist, one domestic resettlement specialist, and one domestic gender specialist. Detailed tasks include:

• To assist in the updating of resettlement plan;

• To assist in the design and implementation of a centralized resettlement/social management system;

• To assist and support PMU, RU-MEF and PRSC in the implementation of all resettlement activities;

• To carry out formal and on-the job training on resettlement, ethnic minorities development, social preparation, and social impact assessment;

• To assist in the needs and demand assessments for income restoration measures and to then assist in the design of the most effective programs

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12.4 NGO

An NGO, specialized in community development and/or vocational training will be hired to help to design and implement the income restoration program.

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13. IMPLEMENTATION SCHEDULE Consultants and external monitoring agency will be engaged and mobilized prior to any resettlement-related activities. The RP will be updated on a length-by-length basis following detailed design. It will be disclosed to APs prior to submission to ADB for review and approval.

For sections where there will be no land acquisition and resettlement, the civil works contractors will not be issued a notice of possession of sites of a particular section until the project management office, together with the Project’s resettlement consultants and IMA, confirm that the area for the said section will not cause any resettlement impacts and that the land is free of any encumbrances, dispute or controversy.

For sections where resettlement impacts cannot be avoided, civil works contractors will not be issued a notice of possession of a particular section until (a) compensation payment and relocation to new sites have been satisfactorily completed in that particular section, (b) agreed rehabilitation assistance is in place, and (c) and that particular section is free of all encumbrances.

Land acquisition, compensation and relocation of APs cannot commence until the updated RP has been approved by ADB.

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Table 37. Implementation Schedule

Activities 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12Selection of engineering consultant Selection of contractorMobilize project supervision consultant incl.resettlement and gender and developmentspecialists & EMAEstablish of IRC and PRSC-WGInternal MonitoringContinue consultation, information Establish of Grievance Redress CommitteeConduct DMS (based on preliminary designupdated by the Contractor), replacementcost surveyIdentification of Resettlement SitesDevelopment of individual and groupresettlement sitesDesign appropriate livelihood stabilizationand income restoration programsPrepare Updated RP per section and upatedresettlement planDisclose section resettlement plans /updated resettlement plan to APs andsubmit to ADB for review and uploading ▼ADB approval and uploading of resettlementplan on ADB website ▼Effect compensation payments andimplement land transfer procedures,relocation of APsImplement income restoration programs Ensure appropriate advance evacuationnotification (notice to clear construction area)Issue Notices of possession of sitesCivil works

2006 2007 2008

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14. MONITORING AND EVALUATION

14.1 INTERNAL MONITORING

MPWT, under the guidance of IRC-Resettlement Unit, will conduct regular monitoring and evaluation of the implementation of the RP. Said monitoring and evaluation are intended to help ensure that the RP is implemented as planned and that the mitigating measures designed to address the adverse social impacts of the Project road are adequate and effective. The following indicators will be monitored periodically and quarterly progress reports will be prepared and submitted to ADB:

• Public information dissemination and consultation procedures; • Payment of compensation and allowances to APs in various categories, according to

the compensation policy described in the resettlement plan; with no discrimination according to gender, membership of ethnic group or any other factor;

• Delivery of income restoration programs and special assistance to poor and vulnerable APs;

• Timely delivery of substitute plots (on-site /off site) and relocation of APs • Adherence to grievance procedures and outstanding issues requiring management’s

attention and equality of access; • Public facilities and infrastructure affected by the Project are restored promptly; and • The transition between resettlement and civil works.

14.2 INDEPENDENT MONITORING

14.2.1 Objectives

The general objective of the external monitor is to provide an independent periodic review and assessment of a) achievement of resettlement objectives, b) the changes in living standards and livelihoods, c) restoration of the economic and social base of the affected people, d) the effectiveness, impact and sustainability of entitlements, e) the need for further mitigation measures if any, and f) to identify strategic lessons for future policy formulation and planning.

14.2.2 Agency Responsibilities

The Government will hire an independent institution or group to carry out external monitoring and post-implementation evaluation. The IRC will prepare the terms of reference (TOR) for the engagement of the independent monitoring agency (IMA). The TOR for the IMA and the selection of the monitor will require the prior consent of ADB. The IMA will provide the EA, IRC, and ADB a copy of its quarterly monitoring reports. The IMA will likewise conduct a Post-RP Implementation Evaluation Study one (1) year following the completion of resettlement. The IMA will be mobilized before commencement of any resettlement activities including DMS.

14.2.3 Monitoring and Evaluation Indicators

The following indicators will be monitored and evaluated by the IMA: - Payment of compensation;

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- Co-ordination of resettlement activities with construction schedule, and provision for technical assistance for house construction;

- Process of providing allowances to all entitled APs; - Facilitation of access to income restoration program, where relevant, according to the

policies of the Project; - Public consultation and awareness of compensation policy; - Restoration of productive activities; - The level of satisfaction of APs with various aspects of the resettlement plan; and - Trends in living standards.

14.2.4 Methodology

The methodology for conducting monitoring and evaluation of implementation of the resettlement plan will include the following activities:

14.2.4.1 Review Detailed Measurement Survey Database

The detailed measurement survey (DMS) i.e. the land acquisition and census survey based on detailed design, is to provide data on 100 percent of APs. The census will help to create a database for each AP in terms of his/her social-economic status, the nature and extent of losses suffered, compensation and entitlements etc. This database will become the basis for compensation and for monitoring the benefits as well as entitlements the AP receives during the process of implementation. As soon as the detailed design is finalized and marked on the ground and the cut-off date is established, the RCs and implementing agencies will carry out the DMS for all APs. The data will be made available to the IMA to enable them to create their initial database.

14.2.4.2 Conduct Follow-Up Sample Socio-Economic Survey

A socio-economic survey will be required before, during and after resettlement implementation so as to provide a clear comparison of success/failure of the resettlement action plan. The survey will be conducted among a sample of 20% of APs. A baseline socio-economic survey will be conducted and then every year a follow up will be conducted.

14.2.4.3 Participatory Rapid Appraisals

Periodic participatory rapid appraisals will allow the IMA to consult with the various stakeholders (local government, PRSC-WGs, IRC, RRC, MPWT, implementing agencies, social organizations, community leaders and APs). Participatory Rapid appraisals will involve obtaining information, identifying problems and finding solutions through participatory means, which will include the following:

– Key informant interviews with selected local leaders, PRSC-WGs members;

– Focus group discussions on specific topics such as compensation payment, income restoration and relocation;

– Focus groups with BRTOs and shop owners to assess income restoration issues.

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– Community public meetings to discuss community losses and impacts and construction work employment;

– Structured direct field observations on the status of resettlement implementation in addition to individual and groups interview for cross-checking purposes;

– Informal surveys and interviews of APs, host communities, special interest or vulnerable groups and women; and

– In-depth case studies of problems that have arisen during internal or external monitoring requiring special efforts for resolution.

14.2.4.4 Database Management and Storage

The IMA will maintain a database of resettlement monitoring information that will be updated every 3 months.

14.2.4.5 Reporting

The IMA will be required to submit the findings of the periodic monitoring at intervals to be agreed (but between three and four times a year). These monitoring reports will be directly submitted at the end of each quarter of monitoring activity to the principal Implementing Agency and the ADB.

14.2.4.6 Monitoring Report Follow-up

The monitoring reports will be discussed in a meeting between the IMA, IRC and implementing agencies held immediately after submission of the report. Necessary follow-up action will be taken based on the problems and issues identified in the reports and follow-up discussions.

14.2.5 Post-Evaluation

The external monitor will conduct resettlement process and impact evaluation 6-12 months after completion of all resettlement activities, using the same survey questionnaire and sample as used during the monitoring activities.

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15. RP BUDGET

15.1 ESTABLISHMENT OF UNIT RATES

To establish the costs for resettlement and replacements of lost assets, the prices have been derived from the Replacement Cost Study conducted for this RP in third week of June 2006. Used as reference is the Approved Resettlement Plan of the GMS Cambodia Road Improvement Project conducted in 2005 by the MPWT in agreement between the IRC and MPWT with the participation of the MEF. Compensation adopted for agricultural land use is USD0.50 per square meter. Replacement Cost Study A Replacement Cost Study was undertaken of all structures, land and other assets for purposes of arriving at the valuation of assets impacted by the project. The study was undertaken by the local resettlement consultant. The Replacement Cost Study follows the categorization of houses and other structures established for National Road 5��F

11. The category for low cost thatch houses had been replaced by four sub-categories; the second main category of more solid timber houses is sub-divided into six sub-categories; the third and fourth categories of more permanent timber and masonry houses are each sub-divided into sub-categories – making a total of fourteen categories for the classification and unit price valuation of houses. The same set of categories is applied to shops and stalls. Land prices for privately owned or occupied land outside of the ROW are costed at replacement cost at market rates, agreed with IRC, and will be informed to APs. Land use in the right-of-way is costed at a single price of $0.5 per m2 ($5,000 per ha) throughout the project areas. This price represents slightly more than 10 years’ gross value of rice production, at a yield of 3 tons per ha at the June 2005 market price for rice (US$0.125 per kg), plus a further production increment of 33% for fish or other products. It is applied to all land use, whether agricultural, residential (in practice land occupied in the ROW as front yards and gardens) and commercial (land occupied in the ROW as yards). The application of this price to residential and commercial land use reflects discussions with APs and local leaders which took account of the fact that house, shop and stall sites are being replaced under the Relocation Strategy of the Project.

The main reason for establishing a single uniform price for loss of ROW land use, regardless of differences in the market price of unencumbered land outside the ROW in these vicinities, is that this is regarded by both APs and Government as adequate and fair for their loss of promissory land use, given that they cannot be “compensated” for loss of public land. In accordance with ADB Policy, they will be compensated for loss of non-land assets (structures) and loss of income. They will be resettled to locations within the vicinity of the current location so that they will not lose their jobs or other livelihood base. The landless will be provided with replacement land. All will be assisted to restore pre-project conditions. The poor and vulnerable will be assisted to improve pre-project conditions. The compensation costs for houses, shops and stalls are as follows: 11 ADB Loan 1945-CAM: GMS Road Improvement Project.

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Table 38. Segment 1: Phnom Penh City

Type

Wall

Column

Floor

No. of Floor

Unit Cost (US$/m2)

1A No Pole Soil Single 5.00

1B No Pole/ Wood Wood/bamboo Single/ Less than 1.5 meters high from ground level

6.50

1C Thatch/ Leaves/ Rough Wood or used wood/Plastic

Pole/ Wood Soil Single 12.50

1D Thatch/ Leaves/ Rough Wood or used wood/ Plastic/ other non permanent materials

Pole/ Wood Wood/Bamboo/Lean Concrete

Single/ Less than 1.5 meters high from ground level

13.50

I Th

atch

/ Lea

ves/

Pla

stic

1E Thatch/ Leaves/ Rough Wood or used wood/ Plastic

Pole/ Wood Wood/Bamboo/Lean Concrete

Single/ more than 1.5 meters high from ground level

15.00

2A No Pole/ Wood Soil Single 8.50

2B No Pole/ Wood Wood/used wood/ Bamboo/ Lean Concrete

Single/Less than 1.5 meters high from ground level

13.50

2 C Thatch/ Leaves/ Rough Wood or used wood/ other non permanent

Pole/ Wood Soil/used wood/bamboo

Single/Less than 1.5 meters high from ground level

20.00

2D Metal/ Fiber Cement Pole/ Wood Soil/used wood/bamboo

Single/Less than 1.5 meters high from ground level

22.00

2E Metal/ Fiber Cement Pole/ Wood Wood/ Lean Concrete Single/Less than 1.5 meters high from ground level

27.00

2F Thatch/ Leaves/ Wood Pole/ Wood Wood/ Lean Concrete Single/Less than 1.5 meters high from ground level

25.00

2G Wood Wood Lean Concrete/ Wood Single/Less than 1.5 meters high from ground level

39.50

2H Brick Wood/ Concrete

Concrete/ Tile Single/Less than 1.5 meters high from ground level

44.50

2I Wood Wood/ Concrete

Wood House on still (more than 1.5 meters high from ground level)

65.00

II M

etal

She

et/ F

iber

cem

ent

2J Brick/Wood Wood/ Concrete

Wood/ Concrete/ Tile Ground Floor and First floor

93.50

3A Wood/ Brick Wood/ Concrete

Wood/ Concrete/ Tile Single 69.50

3B Wood Wood/ Concrete

Wood House on still/more than 1.5meters high from ground level

79.50

3C Wood/ Brick Wood/ Concrete

Wood/ Concrete/ Tile Brick for ground floor and Wood for first floor

103.50

III

Tile

3D Brick Concrete Concrete/ Tile and concrete slab

Brick ground floor and brick first floor

149.00

I V C o 4A Brick Concrete Concrete/ Tile Single 143.00

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Type

Wall

Column

Floor

No. of Floor

Unit Cost (US$/m2)

4B Brick Concrete Concrete/ Tile Ground Floor, First Floor and Second Floor or more than 2 stories

119.50

For every affected floor

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Table 39. Segment 2: Phnom Penh - Sihanouk Ville

Type

Wall

Column

Floor

No. of Floor

Unit Cost (US$/m2)

1A No Pole Soil Single 2

1B No Pole/ Wood Wood/bamboo Single/ Less than 1.5 meters high from ground level

3.5

1C Thatch/ Leaves/ Rough Wood or used wood/Plastic

Pole/ Wood Soil Single 12

1D Thatch/ Leaves/ Rough Wood or used wood/ Plastic/ other non permanent materials

Pole/ Wood Wood/Bamboo/Lean Concrete

Single/ Less than 1.5 meters high from ground level

12.5

I Th

atch

/ Lea

ves/

Pla

stic

1E Thatch/ Leaves/ Rough Wood or used wood/ Plastic

Pole/ Wood Wood/Bamboo/Lean Concrete

Single/ more than 1.5 meters high from ground level

13.00

2A No Pole/ Wood Soil Single 9.50

2B No Pole/ Wood Wood/used wood/ Bamboo/ Lean Concrete

Single/Less than 1.5 meters high from ground level

14.00

2 C Thatch/ Leaves/ Rough Wood or used wood/ other non permanent

Pole/ Wood Soil/used wood/bamboo

Single/Less than 1.5 meters high from ground level

19.00

2D Metal/ Fiber Cement Pole/ Wood Soil/used wood/bamboo

Single/Less than 1.5 meters high from ground level

28.00

2E Metal/ Fiber Cement Pole/ Wood Wood/ Lean Concrete

Single/Less than 1.5 meters high from ground level

31.50

2F Thatch/ Leaves/ Wood Pole/ Wood Wood/ Lean Concrete

Single/Less than 1.5 meters high from ground level

23.50

2G Wood Wood Lean Concrete/ Wood

Single/Less than 1.5 meters high from ground level

38.50

2H Brick Wood/ Concrete

Concrete/ Tile Single/Less than 1.5 meters high from ground level

42.00

2I Wood Wood/ Concrete

Wood House on still (more than 1.5 meters high from ground level)

61.00

II M

etal

She

et/ F

iber

cem

ent

2J Brick/Wood Wood/ Concrete

Wood/ Concrete/ Tile

Ground Floor and First floor 88.00

3A Wood/ Brick Wood/ Concrete

Wood/ Concrete/ Tile

Single 61.50

3B Wood Wood/ Concrete

Wood House on still/more than 1.5meters high from ground level

74.00

3C Wood/ Brick Wood/ Concrete

Wood/ Concrete/ Tile

Brick for ground floor and Wood for first floor

97.00

III

Tile

3D Brick Concrete Concrete/ Tile and concrete slab

Brick ground floor and brick first floor

147.00

IV

C o nc re

4A Brick Concrete Concrete/ Tile Single 143.00

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Type

Wall

Column

Floor

No. of Floor

Unit Cost (US$/m2)

4B Brick Concrete Concrete/ Tile Ground Floor, First Floor and Second Floor or more than 2 stories

126.00

For every affected

floor

Table 40. Segment 3: Phnom Penh - Battambang Provincial Town

Type

Wall

Column

Floor

No. of Floor

Unit Cost (US$/m2)

1A No Pole Soil Single 2.50

1B No Pole/ Wood Wood/bamboo Single/ Less than 1.5 meters high from ground level

4.00

1C Thatch/ Leaves/ Rough Wood or used wood/Plastic

Pole/ Wood Soil Single 11.50

1D Thatch/ Leaves/ Rough Wood or used wood/ Plastic/ other non permanent materials

Pole/ Wood Wood/Bamboo/Lean Concrete

Single/ Less than 1.5 meters high from ground level

11.50

I Th

atch

/ Lea

ves/

Pla

stic

1E Thatch/ Leaves/ Rough Wood or used wood/ Plastic

Pole/ Wood Wood/Bamboo/Lean Concrete

Single/ more than 1.5 meters high from ground level

12.00

2A No Pole/ Wood Soil Single 9.00

2B No Pole/ Wood Wood/used wood/ Bamboo/ Lean Concrete

Single/Less than 1.5 meters high from ground level

13.50

2 C Thatch/ Leaves/ Rough Wood or used wood/ other non permanent

Pole/ Wood Soil/used wood/bamboo

Single/Less than 1.5 meters high from ground level

18.00

2D Metal/ Fiber Cement Pole/ Wood Soil/used wood/bamboo

Single/Less than 1.5 meters high from ground level

26.50

2E Metal/ Fiber Cement Pole/ Wood Wood/ Lean Concrete

Single/Less than 1.5 meters high from ground level

30.00

2F Thatch/ Leaves/ Wood Pole/ Wood Wood/ Lean Concrete

Single/Less than 1.5 meters high from ground level

22.50

2G Wood Wood Lean Concrete/ Wood

Single/Less than 1.5 meters high from ground level

37.50

2H Brick Wood/ Concrete

Concrete/ Tile Single/Less than 1.5 meters high from ground level

40.50

2I Wood Wood/ Concrete

Wood House on still (more than 1.5 meters high from ground level)

59.50

II M

etal

She

et/ F

iber

cem

ent

2J Brick/Wood Wood/ Concrete

Wood/ Concrete/ Tile

Ground Floor and First floor

86.50

3A Wood/ Brick Wood/ Concrete

Wood/ Concrete/ Tile

Single 59.50

III

Tile

3B Wood Wood/ Concrete

Wood House on still/more than 1.5meters high from ground level

72.00

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Type

Wall

Column

Floor

No. of Floor

Unit Cost (US$/m2)

3C Wood/ Brick Wood/ Concrete

Wood/ Concrete/ Tile

Brick for ground floor and Wood for first floor

95.50

3D Brick Concrete Concrete/ Tile and concrete slab

Brick ground floor and brick first floor

144.00

4A Brick Concrete Concrete/ Tile Single 140.00

IV

Con

cret

e

4B Brick Concrete Concrete/ Tile Ground Floor, First Floor and Second Floor or more than 2 stories

120.00

For every affected

floor

Table 41. Segment 4: Battambang – Poipet

Type

Wall

Column

Floor

No. of Floor

Unit Cost (US$/m2)

1A No Pole Soil Single 3.00

1B No Pole/ Wood Wood/bamboo Single/ Less than 1.5 meters high from ground level

4.50

1C Thatch/ Leaves/ Rough Wood or used wood/Plastic

Pole/ Wood Soil Single 8

1D Thatch/ Leaves/ Rough Wood or used wood/ Plastic/ other non permanent materials

Pole/ Wood Wood/Bamboo/Lean Concrete

Single/ Less than 1.5 meters high from ground level

11

I Th

atch

/ Lea

ves/

Pla

stic

1E Thatch/ Leaves/ Rough Wood or used wood/ Plastic

Pole/ Wood Wood/Bamboo/Lean Concrete

Single/ more than 1.5 meters high from ground level

13

2A No Pole/ Wood Soil Single 9.50

2B No Pole/ Wood Wood/used wood/ Bamboo/ Lean Concrete

Single/Less than 1.5 meters high from ground level

14.00

2 C

Thatch/ Leaves/ Rough Wood or used wood/ other non permanent

Pole/ Wood Soil/used wood/bamboo

Single/Less than 1.5 meters high from ground level

15,5

2D Metal/ Fiber Cement Pole/ Wood Soil/used wood/bamboo

Single/Less than 1.5 meters high from ground level

20

2E Metal/ Fiber Cement Pole/ Wood Wood/ Lean Concrete

Single/Less than 1.5 meters high from ground level

26

2F Thatch/ Leaves/ Wood Pole/ Wood Wood/ Lean Concrete

Single/Less than 1.5 meters high from ground level

37

2G Wood Wood Lean Concrete/ Wood

Single/Less than 1.5 meters high from ground level

37

2H Brick Wood/ Concrete

Concrete/ Tile Single/Less than 1.5 meters high from ground level

55

2I Wood Wood/ Concrete

Wood House on still (more than 1.5 meters high from ground level)

55

II M

etal

She

et/ F

iber

cem

ent

2J Brick/Wood Wood/ Concrete

Wood/ Concrete/ Tile

Ground Floor and First floor 93,5

III

Til e 3A Wood/ Brick Wood/

Concrete Wood/ Concrete/ Tile

Single 55

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Resettlement Plan

Rehabilitation of Railway in Cambodia 79 ADB T.A No. 6251-REG

Type

Wall

Column

Floor

No. of Floor

Unit Cost (US$/m2)

3B Wood Wood/ Concrete

Wood House on still/more than 1.5meters high from ground level

74

3C Wood/ Brick Wood/ Concrete

Wood/ Concrete/ Tile

Brick for ground floor and Wood for first floor

81

3D Brick Concrete Concrete/ Tile and concrete slab

Brick ground floor and brick first floor

127

4A Brick Concrete Concrete/ Tile Single 190

IV

Con

cret

e

4B Brick Concrete Concrete/ Tile Ground Floor, First Floor and Second Floor or more than 2 stories

127

Costs of other structures were also calculated based on market price of construction material survey in the study areas.

Table 42. Cost of Other Structures

No. Other structure Unit Unit Cost (US$)1 Dug Well (diameter of 800mm and 6-10 meters dept) 1 120.002 Dug Well; soil/ no concrete pipe 1 50.003 Pumped well 1 170.004 Grave (earth) 1 50.005 Grave (concrete) 1 1,250.006 Chedey/stupa (2x2m) 1 1,840.007 Forecourt or patio/ Concrete 1m2 6.508 Concrete block/ Terracotta 1m2 4.509 Culvert (diameter of 600mm) 1 11.0010 Culvert (diameter of 800mm) 1 20.0011 Dug pond 1m2 9.00

Labor cost to move structure1 Labor to remove wooden passage into house ls 1.502 Labor cost to remove wooden bridge (3-5 meters wide) ls 75.003 Labor cost to move stall away from COI ls 5.004 Labor cost to move house from COI (Less than 10 meters) ls 52.005 Labor cost to move house from COI (More than 10 meters) ls 150.006 Labor to move gate (wood, steel, other wood or steel post) ls 6.50

Fence and Gate1 Weak fence/ Loose fence (bamboo or wood) 1 LM 0.172 Bamboo/ round wood post with bamboo bar 1 LM 0.803 Wood post with wire or bamboo bar/ wood bar 1 LM 1.004 Wood post with no bar (less than 1 meter space) 1 LM 2.005 Wood post with no bar (1-2 meters space) 1 LM 1.106 Wood post with wood bar and grille/ Bamboo grille 1 LM 3.007 Concrete post with wire bar 1 LM 3.208 Brick of 100mm; concrete/brick column; wooden grille 1 LM 8.509 Brick of 100 or 200mm; concrete/brick column; steel grille 1 LM 14.5010 Metal sheet/ Wood plank 1 LM 5.5011 Brick of 100mm; plastering both sides 1 LM 17.0012 Pagoda fence 1 LM 25.0013 Gate of brick column and steel doors Set 95.00

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Resettlement Plan

Rehabilitation of Railway in Cambodia 80 ADB T.A No. 6251-REG

Crops and trees were priced as follows:

Table 43. Cost of Crops and Trees

No. Crop type Unit Yield/ Q.ty Havesting Price ($) Duration(Yrs) Cost (US$)Average

Cost (US$)1 5yrs old Mango tree fruit 1600 1 0,02 5 120,00 60,002 Coconut fruit 12 10 0,13 5 75,00 37,503 Tamarin kg 50 1 0,25 5 62,50 31,254 Jack fruit 20 1 0,75 5 75,00 37,505 Custard apple fruit 160 1 0,03 2 8,00 4,006 Sugar cane tree 1 1 0,13 2 0,25 0,137 Palm tree tree 1 11 4,00 25 1 100,00 44,008 Teuk Doh Kor fruit 200 1 0,05 7 70,00 35,009 Papaya fruit 15 4 0,25 0,3 4,50 2,25

10 Banana 12fruits 5 4 0,18 0,5 1,75 0,8811 Guava fruit 350 2 10Riels 4 7,00 3,5012 Plum can 200 1 0,13 5 125,00 25,0013 Cashew kg 10 1 0,50 4 20,00 10,0014 Bamboo tree 15 1 1,00 10 150,00 15,0015 Eucalyptus/ Acacia tree 1 1 5,00 5 25,00 5,0016 Ampil Teuk fruit 40 1 0,05 7 14,00 7,0017 Chan Kiri tree 1 1 1,25 15 18,75 9,3818 Krasang fruit 60 4 50Riels 7 21,00 10,5019 Kantuort can 50 4 0,05 3 7,50 3,7523 Jujube can 100 2 0,05 3 7,50 3,7527 Others tree 4.00 - 15.00 4.00 to 15.00

For allowances, rates established are based on the following:

Table 44. Rate of Allowances

Special Allowance for Vulnerable APs

US$150 = 20 kg of rice per family (average 5 members) for 6 months

Living allowance for relocated HH moving back (on-site) house with light material and wooden houses (Types 1A to 2D) under 5 m x 12 m:

US$25 = 20 kg of rice per family (average 5 members) for 1 month

Living allowance for relocated HH moving back (on-site) for house with concrete and brick for large wooden house (Types 2E to 4B) or larger than 5m x 12 m

US$75 = 20 kg of rice per family (average 5 members) for 3 months

Living allowance for HH relocated (off-site) house with light material and wooden houses (Types 1A to 2D) under 5 m x 12 m:

US$75 = 20 kg of rice per family (average 5 members) for 3 months

Living allowance for HH relocated (off-site) for house with concrete and brick for large wooden house (Types 2E to 4B) or larger than 5m x 12 m

US$150 = 20 kg of rice per family (average 5 members) for 6 months

Transport/removal of structures

US$ $20 per market stall, $40 for houses being relocated on same plot and $60 for houses relocated to another plot in same village area; and $70 for houses moving out of the village

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Resettlement Plan

Rehabilitation of Railway in Cambodia 81 ADB T.A No. 6251-REG

A price study of open lands was likewise conducted by the census and assets inventory team in Poipet and nearby communes for the costing of a possible off-site resettlement. The following are the prices of land in US dollars per square meter:

Table 45: Land Value of Open Spaces

Area

Price per square meter in US dollars

Andong Thmar village, Poipet

6.00

Toul Pongro village, Poipet

2.0 to 3.0

Kilometer 4 village, Poipet

3.50

To have better understanding of land values/costs in three other urban areas along railways were investigated. Table below shows results of discussion with people who just bought land and also from interviews with village chiefs.

Table 46. Land Value of Urban Areas along Railway

Item Study Area (along railway) Average Price (US$) per m2

1 Phnom Penh (small house with no land/ small land) 10.00 - 20.002 Sihanouk Ville 7.00 - 15.003 Battambang 5.00 - 15.00

The cost estimates for the compensation and the income restoration strategy for Bamboo Railway Transport Operators are presented in the table below.

Table 47 Cost Estimates for BRTOs

Unit Rate Nb Total Nb Total Nb TotalSeverely affected BRTOCompensation for investment HH 200 18 3600 87 17400 105 21000Compensation for loss income HH 75 18 1350 87 6525 105 7875Related railway job training HH 0 0 0 55 0Sub-total 4950 23925 28875Partially affected BRTOCompensation for investment HH 200 14 2800 70 14000 84 16800Compensation for loss income HH 25 14 350 70 1750 84 2100Sub-total 3150 15750 18900TOTAL 8100 39675 47775

Southern line Northern Line Total

15.2 RP BUDGET ESTIMATES

The RP estimated budget for this Project has two sets of cost estimates based on the following strategies: (a) all APs opted to relocate on-site (US$3.1 million) and (b) all APs opted to relocate off-site (US$4.1

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Resettlement Plan

Rehabilitation of Railway in Cambodia 82 ADB T.A No. 6251-REG

million) for more security of tenure. During implementation, a combination of on-site/off-site relocation will be carried out based on the final decisions of APs. It should be noted that off-site relocation does not necessarily mean that the Government will shoulder all the costs incurred for the development of the replacement land. As mentioned above, the Government has the option to provide substitute plots at no cost to APs or may require payments based on capacity-to-pay of each AP household (e.g. low-cost long-term payment schedule). Landless APs will receive substitute plots with title from the Government at no cost to APs. Individual plots off-site will be 105 sq.m. per AP household. The cost estimates also included a budget for the design and implementation of income restoration programs for bamboo rail transport operators affected due to their discontinued use of the railway line due to the Project. Administrative costs (10%) include the payment of salaries, per diem, logistics, etc., for IRC-MEF and PRSC-WG, the other implementing agencies and various resettlement committees. This will also include costs for internal monitoring. For external monitoring, a budget (2%) has been added. A specific budget (2%) has also been included for a NGO or a consultant to design and implement the income restoration program. The cost are just estimates only and may change upon completion of DMS to determine actual impacts, appropriate mitigation measures, unit rates established to meet the principle of replacement cost, and resettlement options of APs. The Government will ensure timely provision of counterpart funds for resettlement and will meet any unforeseen obligations in excess of the RP budget estimates in order to satisfy resettlement objectives.

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Resettlement Plan

Rehabilitation of Railway in Cambodia 83 ADB T.A No. 6251-REG

Table 48. RP Budget Estimates Phnom Penh Southern line Northern line Missing link Total On-site Off-site On-site Off-site On-site Off-site On-site Off-site On-site Off-site Main structure 10 121 10 121 17 479 17 479 76 275 76 275 1 164 724 1 071 714 1 268 599 1 175 589 Other structures 7 714 7 714 17 096 17 096 168 201 168 201 105 138 105 138 298 149 298 149 Trees & crops 438 438 1 725 1 725 113 547 113 547 1 931 1 931 117 641 117 641 Allowances 4 500 4 500 16 340 16 340 48 200 48 200 149 920 154 520 218 960 223 560 Relocation 2 000 38 870 2 760 57 066 36 000 199 457 127 400 658 960 168 160 954 354 Income rest. prog. 9 700 9 700 109 175 109 175 156 285 156 285 275 160 275 160 Sub-Total 24 773 61 643 65 100 119 406 551 398 714 856 1 705 399 2 148 548 2 346 669 3 044 453 Admin. Costs (10%) 2 477 6 164 6 510 11 941 55 140 71 486 170 540 214 855 234 667 304 445 NGO/Income rest. (2%) 495 1 233 1 302 2 388 11 028 14 297 34 108 42 971 46 933 60 889 External monitoring (2%) 495 1 233 1 302 2 388 11 028 14 297 34 108 42 971 46 933 60 889 Contingencies (20%) 4 955 12 329 13 020 23 881 110 280 142 971 341 080 429 710 469 334 608 891 TOTAL 33 195 82 601 87 233 160 004 738 874 957 907 2 285 234 2 879 055 3 144 537 4 079 567 Details of cost estimates by section are shown in the following tables below.

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Resettlement Plan - Annex 1a

Rehabilitation of Railway in Cambodia 1 ADB T.A No. 6251-REG

Table 49. Cost Estimates - Phnom Penh Area

PHNOM PENH AREADescription Unit Rate Quantity Amount Unit Rate Quantity Amount

1 MAIN STRUCTURE (House, House cum shop and stall/shop)2 Type 1 (A to E) sqm varied 4 1 156,62 sqm varied 4 1 156,62 3 Type 2 (A to J) sqm varied 11 8 936,45 sqm varied 11 8 936,45 4 Stall/shop sqm varied 3 28,14 sqm varied 3 28,14 5 SUB-TOTAL 18 10 121,21 18 10 121,21 6 OTHER FIXED STRUCTURES7 Forecourt or patio / concrete sqm 6,5 739,82 4 808,83 sqm 6,5 739,82 4 808,83 8 Culvert (ø 0.8m x 1m) set 11 1 11,00 set 11 1 11,00 9 Pond (V=60m3) sqm 9 66,5 598,50 sqm 9 66,5 598,50

10 Kitchens (7 units) sqm varied 2,25 100,70 sqm varied 2,25 100,70 11 Toilets (12 units) sqm varied 27,6 1 094,00 sqm varied 27,6 1 094,00 12 Fence with timber post with bamboo bar lm 0,8 289,2 231,36 lm 0,8 289,2 231,36 13 Fence with timber post with wire lm 1 352,9 352,90 lm 1 352,9 352,90 14 Fence with concrete post with wire lm 3,2 136,32 436,22 lm 3,2 136,32 436,22 15 Other 80,00 80,00 16 SUB-TOTAL 7 713,51 7 713,51 17 TREES AND CROPS18 Coconut Tree 37,5 4 150,00 Tree 37,5 4 150,00 19 Tamarind Tree 31,25 1 31,25 Tree 31,25 1 31,25 20 Sour sop Tree 3,75 1 3,75 Tree 3,75 1 3,75 21 Sugarcane Cane 0,13 20 2,60 Cane 0,13 20 2,60 22 Sugar Palm Tree 44 1 44,00 Tree 44 1 44,00 23 Papaya Tree 2,25 3 6,75 Tree 2,25 3 6,75 24 Banana Tree 0,88 2 1,76 Tree 0,88 2 1,76 25 Guava (Tro Bek) Tree 3,5 8 28,00 Tree 3,5 8 28,00 26 Deum Pring Tree 10,4 4 41,60 Tree 10,4 4 41,60 27 Bamboo Thicket 15 5 75,00 Thicket 15 5 75,00 28 Others Tree 10 4 40,00 Tree 10 4 40,00

Seedling Unit 0,25 53 13,25 Unit 0,25 53 13,25 29 SUB-TOTAL 53 437,96 53 437,96 30 ALLOWANCES31 Subsistence Allowance HH varied 18 1 800,00 HH varied 18 1 800,00 32 Transport and Hauling Allowance HH varied 10 300,00 HH varied 10 300,00 33 Vulnerable APs (based on Census Data) HH 150 16 2 400,00 HH 150 16 2 400,00 34 SUB-TOTAL 4 500,00 4 500,00 35 RELOCATION36 Land for Substitute Plots (100 sqm/HH) sqm 30 10 31 500,00 37 Water connection (per HH) set 80 10 800,00 38 Pit latrine set 150 10 1 500,00 39 Program implementation (5%) 1 690,00 40 Contingency (10%) 3 380,00 41 Cost for Land Filling (On-Site Only) sq.m 2 10 2 000,00 42 SUB-TOTAL 2 000,00 38 870,00 43 TOTAL PROJECT COST 24 772,68 61 642,68 44 ADMINISTRATIVE COSTS (10%) 2 477,27 - - - 6 164,27

NGO/Income restoration (2%) 495,45 1 232,85 External monitoring (2%) 495,45 1 232,85

45 CONTINGENCY (20%) 4 954,54 - - - 12 328,54 46 GRAND TOTAL 33 195,40 82 601,20

* item 36 to 40 is off site relocation

ON-SITE OFF-SITE

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Resettlement Plan - Annex 1a

Rehabilitation of Railway in Cambodia 2 ADB T.A No. 6251-REG

Table 50.Cost Estimates – Northern Line NORTHERN LINE

Description Unit Rate Quantity Amount Unit Rate Quantity Amount 1 MAIN STRUCTURE (House, House cum shop and stall/shop)2 Type 1 (A to E) sqm varied 60 8 307,79 sqm varied 60 8 307,79 3 Type 2 (A to J) sqm varied 68 53 805,23 sqm varied 68 53 805,23 4 Stall/shop and other establishment sqm varied 96 14 162,03 sqm varied 96 14 162,03 5 SUB-TOTAL 224 76 275,05 224 76 275,05 6 OTHER FIXED STRUCTURES7 Dug well set 50 4 200,00 set 50 4 200,00 8 Concrete well set 120 4 480,00 set 120 4 480,00 9 Pumped well set 170 6 1 020,00 set 170 6 1 020,00

10 Forecourt or patio / concrete sqm 6,5 3 310,00 21 515,00 sqm 6,5 3 310,00 21 515,00 11 Culvert (ø 0.8m x 1m) set 11 14 154,00 set 11 14 154,00 12 Pond sqm 9 354,1 3 186,90 sqm 9 354,1 3 186,90 13 Kitchens (7 units) sqm varied 413,5 9 427,00 sqm varied 413,5 9 427,00 14 Toilets (12 units) sqm varied 308,1 10 249,90 sqm varied 308,1 10 249,90 15 Bathroom (14 units) sqm varied 83,52 1 044,86 sqm varied 83,52 1 044,86 16 Animal hut (1 unit) sqm varied 1 234,00 20 649,69 sqm varied 1 234,00 20 649,69 17 Advertisement board unit 50 32 1 600,00 unit 50 32 1 600,00 18 Fence with timber post with bamboo ba lm 0,8 23 514,26 18 811,41 lm 0,8 23 514,26 18 811,41 19 Fence with timber post with wire lm 1 6 380,20 6 380,20 lm 1 6 380,20 6 380,20 20 Fence with concrete post with wire lm 3,2 1 826,28 5 844,08 lm 3,2 1 826,28 5 844,08 21 Fence with brick Wall, 100mm lm 14,5 1 266,50 18 364,25 lm 14,5 1 266,50 18 364,25 22 Fence with brick Wall, 200mm lm 17 2 671,77 45 420,09 lm 17 2 671,77 45 420,09 23 Others LS varied 111,7 3 853,85 LS varied 111,7 3 853,85 24 SUB-TOTAL 168 201,23 168 201,23 25 TREES AND CROPS26 Mango Tree 60 588 35 280,00 Tree 60 588 35 280,00 27 Coconut Tree 37,5 705 26 437,50 Tree 37,5 705 26 437,50 28 Tamarind Tree 31,25 111 3 468,75 Tree 31,25 111 3 468,75 29 Jackfruit Tree 37,5 293 10 987,50 Tree 37,5 293 10 987,50 30 Lemon Tree 5 123 615,00 Tree 5 123 615,00 31 Custard-apple Tree 4 257 1 028,00 Tree 4 257 1 028,00 32 Sour sop Tree 3,75 72 270,00 Tree 3,75 72 270,00 33 Sugarcane Cane 0,13 126 16,38 Cane 0,13 126 16,38 34 Sugar Palm Tree 44 288 12 672,00 Tree 44 288 12 672,00 35 Deum Mean (longan) Tree 40 25 1 000,00 Tree 40 25 1 000,00 36 Orange Tree 20 70 1 400,00 Tree 20 70 1 400,00 37 Deum Teuk Doh Kor Tree 35 24 840,00 Tree 35 24 840,00 38 Papaya Tree 2,25 662 1 489,50 Tree 2,25 662 1 489,50 39 Banana Tree 0,88 3 011 2 649,68 Tree 0,88 3 011 2 649,68 40 Guava (Tro Bek) Tree 3,5 407 1 424,50 Tree 3,5 407 1 424,50 41 Deum Pring Tree 10,4 48 499,20 Tree 10,4 48 499,20 42 Cashew Tree 10 440 4 400,00 Tree 10 440 4 400,00 43 Bamboo Thicket 15 22 330,00 Thicket 15 22 330,00 44 Sour Fruit (Krasang) Tree 10,5 36 378,00 Tree 10,5 36 378,00 45 Eucalyptus / Acacia Tree 5 49 245,00 Tree 5 49 245,00 46 Others Tree varied 1 330 5 944,19 Tree varied 1 330 5 944,19

Seedling Unit 0,25 8 687 2 171,75 Unit 0,25 8 687 2 171,75 47 SUB-TOTAL 8 687 113 546,95 8 687 113 546,95 48 ALLOWANCES49 Subsistence Allowance HH varied 224 22 400,00 HH varied 224 22 400,00 50 Transport and Hauling Allowance HH varied 180 5 400,00 HH varied 180 5 400,00 51 Vulnerable APs (based on Census DatHH (est.) 150 136 20 400,00 HH (est.) 150 136 20 400,00 52 SUB-TOTAL 48 200,00 48 200,00 53 RELOCATION54 Land for Substitute Plots (100 sqm/HH) sqm 7 180 132 300,0055 Land for Road Network & Construction sqm 7 19 845,00 56 Water well (one every 10hhs) set 250 20 5 000,00 57 Pit latrine set 150 180 27 000,00 58 Program implementation (5%) 9 207,25 59 Contingency (10%) 6 105,23 60 Cost for Landfilling (For On-Site Only) sq.m 2 36 000,00 61 SUB-TOTAL 36 000,00 199 457,48 62 INCOME RESTORATION PROGRAM63 Income restoration allowances/credit HH (est.) 300 180 54 000,00 HH (est.) 300 180 54 000,00

BRTOs 47 075,00 47 075,00 64 Program implementation (15%) 8 100,00 8 100,00 65 SUB-TOTAL 109 175,00 109 175,00 66 TOTAL PROJECT COST 551 398,23 714 855,71 67 ADMINISTRATIVE COSTS (10%) 55 139,82 - - - 71 485,57

NGO/income restoration (2%) 11 027,96 - - - 14 297,11 External monitoring (2%) 11 027,96 14 297,11

68 CONTINGENCY (20%) 110 279,65 - - - 142 971,14 69 GRAND TOTAL 738 873,63 - - - 957 906,64

* Items 54-59 is off-site relocation

ON-SITE OFF-SITE

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Resettlement Plan - Annex 1a

Rehabilitation of Railway in Cambodia 3 ADB T.A No. 6251-REG

Table 51.Cost Estimates – SouthernLine SOUTHERN LINE

Description Unit Rate Quantity Amount Unit Rate Quantity Amount 1 MAIN STRUCTURE (HOUSES)2 Type 1 (A to E) sqm varied 21 1,023.10 sqm varied 21 1,023.10

3 Type 2 (A to J) sqm varied 59 16,267.75 sqm varied 59 16,267.75

4 Stalls and Shops sqm varied 17 188.00 sqm varied 17 188.00

5 SUB-TOTAL 97 17,478.85 97 17,478.85 6 OTHER FIXED STRUCTURES7 Forecourt or patio / concrete sqm 6.50 578 3,757.00 sqm 6.50 578 3,757.00

8 Culvert/drain (ø 0.6m x 1m) set 11.00 8 88.00 set 11.00 8 88.00

9 Toilets sqm varied 2.54 158.50 sqm varied 2.54 158.50

10 Kitchens sqm varied 146.2 3,896.00 sqm varied 146.2 3,896.00

11 Bathroom sqm varied 7.94 108.00 sqm varied 7.94 108.00

12 Animal hut sqm varied 47 757.00 sqm varied 47 757.00

13 Others LS varied 16 102.00 LS varied 16 102.00

14 Fence with timber post with bamboo bar lm 0.80 1836.5 1,469.20 lm 0.80 1836.5 1,469.20

15 Fence with timber post with wire lm 1.00 4445 4,445.00 lm 1.00 4445 4,445.00

16 Fence with concrete post with wire lm 3.20 231.5 740.80 lm 3.20 231.5 740.80

17 Fence with brick Wall, 100mm lm 14.50 108.6 1,574.70 lm 14.50 108.6 1,574.70

18 SUB-TOTAL 17,096.20 17,096.20 19 TREES AND CROPS20 Mango Tree 60.00 6 360.00 Tree 60.00 6 360.00

21 Coconut Tree 37.50 9 337.50 Tree 37.50 9 337.50

22 Tamarind Tree 31.25 3 93.75 Tree 31.25 3 93.75

23 Jackfruit Tree 37.50 13 487.50 Tree 37.50 13 487.50

24 Custard-apple Tree 4.00 21 84.00 Tree 4.00 21 84.00

25 Sour sop Tree 9.00 1 9.00 Tree 9.00 1 9.00

26 Orange/Kamping Reach Tree 20.00 1 20.00 Tree 20.00 1 20.00

27 Deum Teuk Doh Kor Tree 35.00 1 35.00 Tree 35.00 1 35.00

28 Papaya Tree 2.25 9 20.25 Tree 2.25 9 20.25

29 Banana Tree 0.88 77 67.76 Tree 0.88 77 67.76

30 Guava (Tro Bek) Tree 3.50 15 52.50 Tree 3.50 15 52.50

31 Eucalyptus / Cassia Tree 5.00 4 20.00 Tree 5.00 4 20.00

32 Other (2nd quality) Tree 5 96.00 Tree 5 96.00 Seedling Unit 0.25 165 41.25 Unit 0.25 165 41.25

33 SUB-TOTAL 165 1,724.51 165 1,724.51 34 ALLOWANCES35 Subsistence Allowance HH varied 86 8,600.00 HH varied 86 8,600.00

36 Transport and Hauling Allowance HH varied 23 690.00 HH varied 23 690.00

37 Vulnerable APs (based on Census Data) HH 150.00 47 7,050.00 HH 150.00 47 7,050.00

38 SUB-TOTAL 16,340.00 16,340.00 INCOME RESTORATION PROGRAMBRTOs 32.00 9,700.00 9,700.00

39 RELOCATION40 Land for Substitute Plots (100 sqm/HH) sqm 20.00 23 48,300.00

41 Water well (per HH) set 80.00 23 1,840.00

42 Pit latrine set 150.00 23 3,450.00

43 Program implementation (5%) 2,679.50

44 Contingency (10%) 796.95

45 Cost for Land Filling (On-Site Only) sq.m 2.00 2,760.00

46 SUB-TOTAL 2,760.00 57,066.45 47 TOTAL PROJECT COST 65,099.56 119,406.01 48 ADMINISTRATIVE COSTS (10%) 6,509.96 - - - 11,940.60

NGO/Income restoration (2%) 1,301.99 2,388.12

External monitoring (2%) 1,301.99 2,388.12

49 CONTINGENCY (20%) 13,019.91 - - - 23,881.20

50 GRAND TOTAL 87,233.41 160,004.05

** Items 40-44 is off-site relocation

ON-SITE OFF-SITE

* No road network because plots will be individual or small groups (less 10 HHs)

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Resettlement Plan - Annex 1a

Rehabilitation of Railway in Cambodia 4 ADB T.A No. 6251-REG

Table 52. Cost Estimates - Missing Line MISSING LINE

Description Unit Rate Quantity Amount Unit Rate Quantity Amount 1 MAIN STRUCTURE (House, House cum shop and stall/shop)2 Type 1 (A to E) sqm varied 226,00 102 385,48 sqm varied 226,00 45 490,00 3 Type 2 (A to J) sqm varied 402,00 382 562,67 sqm varied 402,00 344 920,00 4 Type 3 (A&D) sqm varied 2,00 10 494,50 sqm varied 2,00 8 305,00 5 Type 4 (A&B) sqm varied 2,00 11 311,30 sqm varied 2,00 15 029,00 6 Private market (3,011.25sqm) sqm 93,00 1,00 280 046,25 sqm 93,00 1,00 280 046,25 7 Shop Buildings (2,650sqm) sqm 50,00 1,00 132 500,00 sqm 50,00 1,00 132 500,00 8 Anco Office (380.25sqm) sqm 120,00 1,00 45 630,00 sqm 120,00 1,00 45 630,00 9 Crown Club (1,755sqm) sqm 93,00 1,00 163 215,00 sqm 93,00 1,00 163 215,00 10 Telecom Buildings (154sqm) sqm 93,00 1,00 14 322,00 sqm 93,00 1,00 14 322,00 11 Stall/shop and other establishment sqm varied 5,00 22 257,09 sqm varied 5,00 22 257,09 12 SUB-TOTAL 642,00 1 164 724,29 642,00 1 071 714,34 13 OTHER FIXED STRUCTURES14 Concrete well set 140,00 1,00 140,00 set 140,00 1,00 140,00 15 Pumped well set 80,00 1,00 80,00 set 80,00 1,00 80,00 16 Forecourt or patio / concrete sqm 8,00 2771,40 22 171,19 sqm 8,00 2771,40 22 171,19 17 Culvert (ø 0.8m x 1m) set 11,00 87,00 957,00 set 11,00 87,00 957,00 18 Pond sqm 9,00 6,00 54,00 sqm 9,00 6,00 54,00 19 Kitchens sqm varied 41,16 9 833,07 sqm varied 41,16 9 833,07 20 Toilets sqm varied 18,91 14 332,36 sqm varied 18,91 14 332,36 21 Bathroom sqm varied 12,55 3 786,98 sqm varied 12,55 3 786,98 22 Animal hut sqm varied 219,50 5 847,05 sqm varied 219,50 5 847,05 23 Fence with timber post with bamboo bar lm 0,70 127,00 88,90 lm 0,70 127,00 88,90 24 Fence with timber post with wire lm 0,90 117,33 105,60 lm 0,90 117,33 105,60 25 Fence with concrete post with wire lm 2,50 572,67 1 431,67 lm 2,50 572,67 1 431,67 26 Fence with brick Wall, 100mm lm 13,00 1315,67 17 103,67 lm 13,00 1315,67 17 103,67 27 Fence with brick Wall, 200mm lm 20,00 1315,67 26 313,33 lm 20,00 1315,67 26 313,33 28 Others LS varied 2 893,33 LS varied 2 893,33 29 SUB-TOTAL 105 138,15 105 138,15 30 TREES AND CROPS31 Mango Tree 50,00 5,00 250,00 Tree 50,00 5,00 250,00 32 Coconut Tree 25,00 19,00 475,00 Tree 25,00 19,00 475,00 33 Tamarind Tree 25,00 7,00 175,00 Tree 25,00 7,00 175,00 34 Jackfruit Tree 27,00 4,00 108,00 Tree 27,00 4,00 108,00 35 Custard-apple Tree 5,00 7,00 35,00 Tree 5,00 7,00 35,00 36 Sugarcane Cane 0,02 5,00 0,10 Cane 0,02 5,00 0,10 37 Deum Mean (longan) Tree 40,00 2,00 80,00 Tree 40,00 2,00 80,00 38 Deum Teuk Doh Kor Tree 35,00 2,00 70,00 Tree 35,00 2,00 70,00 39 Papaya Tree 2,50 14,00 35,00 Tree 2,50 14,00 35,00 40 Banana Tree 0,60 42,00 25,20 Tree 0,60 42,00 25,20 41 Guava (Tro Bek) Tree 3,00 11,00 33,00 Tree 3,00 11,00 33,00 42 Deum Pring Tree 10,40 5,00 52,00 Tree 10,40 5,00 52,00 43 Cashew Tree 13,50 1,00 13,50 Tree 13,50 1,00 13,50 44 Bamboo Thicket 15,00 4,00 60,00 Thicket 15,00 4,00 60,00 45 Eucalyptus / Acacia Tree 5,00 15,00 75,00 Tree 5,00 15,00 75,00 46 Others Tree varied 118,00 379,17 Tree varied 118,00 379,17

Seedling Unit 0,25 261,00 65,25 Unit 0,25 261,00 65,25 47 SUB-TOTAL 522,00 1 931,22 261,00 1 931,22 48 ALLOWANCES49 Subsistence Allowance HH varied 637,00 63 700,00 HH 125,00 637,00 79 625,00 50 Transport and Hauling Allowance HH 30,00 609,00 18 270,00 HH 30,00 609,00 18 270,00 51 Vulnerable APs (based on Census Data) HH 150,00 453,00 67 950,00 HH (est.) 125,00 453,00 56 625,00 52 SUB-TOTAL 149 920,00 154 520,00 53 RELOCATION 54 Land for Substitute Plots 6,00 63 945,00 383 670,00 55 Land for Road & Drainage Network & Constn sqm 6,00 19 183,50 115 101,00 57 Water well (one every 10 HHs) hh 250 65,00 16 250,00 58 Pit latrine hh 150 609,00 91 350,00 60 Program implementation (5%) 30 318,55 61 Contingency (10%) 22 270,10 62 Cost for Filling Land (On-Site Only) 127 400,00 63 SUB-TOTAL 127 400,00 658 959,65 64 INCOME RESTORATION PROGRAM65 Various Income Restoration Programs HH 300,00 453,00 135 900,00 HH 300,00 453,00 135 900,00 66 Program implementation (15%) 20 385,00 20 385,00 67 SUB-TOTAL 156 285,00 156 285,00 6869 TOTAL PROJECT COST 1 705 398,66 2 148 548,36 70 ADMINISTRATIVE COSTS (10%) 170 539,87 - - - 214 854,84

NGO/inocme restoration (2%) 34 107,97 42 970,97 External monitoring (2%) 34 107,97 42 970,97

71 CONTINGENCY (20%) 341 079,73 - - - 429 709,67 72 GRAND TOTAL 2 285 234,20 - - - 2 879 054,80

Notes:54 Substitute Plots at 105 sq.m. per HH5762

54-61 is for offsite relocationContingencies will include:Provision for Assistance for Vendors in the Public Market that may be displaced. Market relocation Study to be prepared during RP updating.Provision of Electricity at the Relocation Site (Off-Site)

Land Fill at 60 sq.m. / HH / 2.00 land fill costs. Includes place for pushcarts

OFF-SITEON-SITE

If relocation site will be individual sites or less than 10 HHs per group site, each HH will receive a lumpsum of $80 (prices from $50-120 each)

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Resettlement Plan - Annex 1a

Rehabilitation of Railway in Cambodia 5 ADB T.A No. 6251-REG

ANNEX 1a COMMUNITY MEETINGS Community Meeting, Battambang (For Northern Line) 11:00 am, 19 May 2006, Battambang Railway Station Conference Room The meeting was attended by 17 residents/household heads of a village near the Battambang railway station. Also in attendance were Mr. Lay Buntek, Royal Railways of Cambodia (RRC) Station Manager in Battambang and Mr. Samrangdy Namo, Coordinating Engineer for the PPTA of GMS Rehabilitation of the Railways in Cambodia Project ADB TA 6251-REG, who likewise acted as the interpreter. Ms. Maria Lyra S. Estaris, Resettlement and Social Impact Consultant of the PPTA and Mr. Samrangdy composed the facilitating team. The participants were asked to introduce themselves after which the facilitator, interpreter, and RRC representative likewise made the necessary introductions and briefing on the project. The participants were first asked what they think of the project. Based from the responses, there was a general approval of the project. The following reasons were mentioned:

1. Improved railway will provide faster means of transportation 2. Better railway is an indication of the country’s development 3. Road travel is good but travel via train is more comfortable 4. Riding trains gives them more security and therefore less worries 5. Train fares are expected to be cheaper than other land transportation

The women participants, who were the more active speakers in the group, themselves expressed worries that they might lose their homes should the railway be rehabilitated as their houses are near the tracks. They asked how much space will the rehabilitation works require on the side of the existing tracks. The facilitator with the help of Mr. Samrangdy explained that all the structures land, trees and crops falling within the 3.5 m corridor of impact (COI) (for a total of 7 m COI) from each side of the existing track centerline will be affected. It was also explained that the government according to the law has a total of 40 m right of way (ROW) for railway infrastructure but for the rehabilitation project a 7 m COI is planned to be taken to minimize the impact the project can possibly have to residents and property near the railway. Both men and women participants acknowledged the ROW claimed by the government but still expressed concern on the extent of impact of the COI and if the affected people will be compensated for any damage that the project will cause. The team responded that census, inventory of land and structures, and socio-economic survey will be conducted in their area to determine who will be affected and what the extent of the impact will be to those affected. As for the matter of compensation, those who will be affected will be compensated under the guidelines of the ADB – the source of funds to be borrowed for the project. As to the exact amount of compensation, Ms. Estaris said that this is still being studied and will be a subject for future discussions between the government and the affected people. One participant said that the ADB lower the interest rate for the funds that will be borrowed for the project so as not to burden the government and people with so much loan repayments. The participants said that they would agree to shift back to open spaces (at the back of their present houses) to give way to the defined COI and if needed, to relocate but preferably in available land on-site so as not to dislocate them from their present sources of livelihood. Most of them have small businesses (retail) in the area as well as construction work and motor taxi driving for men. One male participant, who is a retired RRC employee said that the 3.5 m COI may not be enough for the project and asked the schedule of project implementation. The team said that the 3.5 m COI is the advice

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Rehabilitation of Railway in Cambodia 6 ADB T.A No. 6251-REG

that the engineering team of the project has provided the resettlement study team and assured the participant that his opinion will be communicated to the PPTA engineering team. As to the schedule of the implementation, loan negotiations are expected to commence this year and if agreements will be reached, the mobilization will start next year. Ms. Estaris said that proper information dissemination will be conducted among the residents especially those who will be affected by the project and according to ADB guidelines, no household will be left homeless as a result of the project. Toward the end of the meeting, the participants said that they like and approve of the project but the implementers have to make sure that those affected will be properly compensated. They also said that the government should speed up the implementation so that the benefits from the improved railway will be enjoyed sooner by the people. The facilitating team requested for the full cooperation of the village should the research team conduct the data gathering in the area. They stressed that the PPTA needs to produce a comprehensive report that will help the project and its stakeholders. Community Meeting, Veal Rinh Village, Sihanoukville (For Southern Line) 10:00 am, 20 May 2006, Veal Rinh Village (community center) The meeting was attended by 18 residents/household heads of Veal Rinh a village adjacent to a portion of the railway in the Sihanoukville province. The village is located right at the crossing of the NR4 and railway in Sihanoukville province. Also in attendance were Mr. Sun Dydaro, Royal Railways of Cambodia (RRC) Regional Chief in Sihanoukville and Mr. Samrangdy Namo, Coordinating Engineer for the PPTA of GMS Rehabilitation of the Railways in Cambodia Project ADB TA 6251-REG, who acted as the interpreter. Ms. Maria Lyra S. Estaris, Resettlement and Social Impact Consultant of the PPTA and Mr. Samrangdy composed the facilitating team. Mr. Samrangdy Namo gave an orientation on the planned railway rehabilitation. Ms. Estaris then told the participants of the possible impact of the project to the residents with property within the 3.5 m corridor of impact (COI) from the track centerline (for a total of 7 m COI). She said that the space is needed to be able to construct the railway infrastructure and clearance for the passing trains. The participants, composed of men and women residents, including the village chief said they approved of the planned railway rehabilitation but those affected (if a substantial portion of their houses will be affected) should be provided an alternative place to live. They said that many of them lived in the area since 1980 after the fall of the Khmer Rouge and themselves cleared the area – it used to be a pond that they filled up to be habitable. They however, have no documents to prove claims on the land they presently occupy. They settled in the village to be near the market (some 150 m away) where they do business. Most of the income earners in the village are woodcutters, small business owners and laborers. A few are farming at nearby rice lands. They said that they are happy about the project because improved railway transport is expected to result to more trade and therefore more income opportunities for them. However, they are worried about the impact to the structures within the COI because families who will be affected will have no where else to live. They do not have other lands to move into and are too poor to buy their own. They said that the affected families should be provided with land to live in. If possible, they also agreed to move back affected parts of their houses and other structures to give way to the COI. This they said, will be more convenient for them rather than be resettled in another area which is far from their present work place. The team inquired about any available open land that they know of near the village and the corresponding land price. One participant said that there is open land about 1 km from the village but it is privately owned and the price is about 1.2 US dollars per square meter.

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Rehabilitation of Railway in Cambodia 7 ADB T.A No. 6251-REG

Ms. Estaris and Mr. Samrangdy said that under the law, the railway has the right of way (ROW) of 20 m from the track centerline therefore claiming a total of 40 m width of the ROW. However, because the PPTA realizes that many households and structures will be affected if the whole ROW will be enforced, it is currently studying a maximum of 7 m COI to minimize the adverse impact to adjacent communities. Ms. Estaris with the help of Mr. Samrangdy said that a census, property inventory and socio-economic survey team is currently doing field work to determine the extent of project impact and the result of which will help identify who will be affected. She said that under ADB guidelines, affected households and other entities will be provided compensation should they experience adverse project impact. However, she requested the residents to cooperate with the said team by giving time for interviews and providing the information that will make the PPTA come up with a report that will help the various stakeholders come up with a project that will maximize benefits for all. Community Meeting, Phum Bei Village, Sihanoukville (For Southern Line) 1:30 pm, 20 May 2006, Phum Bei Village, Sangkat Muy Commune The meeting was attended by residents/household heads of Phum Bei a village near the end of the railway towards the port in Sihanoukville proper. Upon an ocular survey, the part of the village that is expected to be affected by the project is a row of wooden houses facing an asphalted access road to the port and at the back of this row of houses is the railway. Also in the meeting were Mr. Sun Dydaro, Royal Railways of Cambodia (RRC) Regional Chief in Sihanoukville and Mr. Samrangdy Namo, Coordinating Engineer for the PPTA of GMS Rehabilitation of the Railways in Cambodia Project ADB TA 6251-REG, who acted as the interpreter. Ms. Maria Lyra S. Estaris, Resettlement and Social Impact Consultant of the PPTA and Mr. Samrangdy composed the facilitating team. Mr. Samrangdy Namo gave an orientation on the planned railway rehabilitation. Ms. Estaris then told the participants of the possible impact of the project to the residents with property within the 3.5 m corridor of impact (COI) from the track centerline (for a total of 7 m COI). She said that the space is needed to be able to construct the railway infrastructure and clearance for the passing trains. The participants said that considering the 3.5 m COI, there seems to be only minor impact of the project to their houses. However, they said that a number of houses further down nearer the port could experience more adverse impacts because major parts of their houses can possibly be within the 3.5 m COI. They, however said that they approve of the planned railway rehabilitation. They are willing to voluntarily move back some minor structures to give way to the COI. Those who will experience major impacts, they said should be provided compensation. If households will need to be moved away from the project site, they said that alternative housing should be provided because the people have no where else to go being landless. If ever, resettlement should be near the present site as they will have difficulty accessing their place of work should they live far from the present site. The common employment/source of income of the people is fishing, woodcutting, small business, and motor taxi driving. It was related that around 50 families in 1989 started to settle in the area having been asked to leave another land they have informally occupied in the Tomnub Rolark commune (also in Sihanoukville proper) to give way to a government project. The then officials of local/provincial government of Sihanoukville have verbally permitted them to settle in the present premises (in Phum Bei) on the side of the railway. There are no written certificates or documents however that they hold on to prove land ownership, occupancy rights or claims. The present residents chose to settle in the present site because it is near a seafood processing plant/cold storage facility where many people work. Now there are at least 400 families, they said, who live in Phum Bei village.

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Rehabilitation of Railway in Cambodia 8 ADB T.A No. 6251-REG

The women present in the meeting said that they generally approve of the project if there will just be minor impact to their houses but stressed that those who will experience major effects to the houses should be compensated. When asked if they know of any available open land for possible resettlement, one participant said that there is privately-owned open land less than a kilometer from Phum Bei village and from what he has heard, the price is 10 US dollars per square meter. Ms. Estaris and Mr. Samrangdy said that the under the law, the railway has the right of way (ROW) of 20 m from the track centerline therefore claiming a total of 40 m width of the ROW. However, because the PPTA realizes that many households and structures will be affected if the whole ROW will be enforced, it is currently studying a maximum of 7 m COI to minimize the adverse impact to adjacent communities. Ms. Estaris with the help of Mr. Samrangdy said that a census, property inventory and socio-economic survey team is currently doing field work to determine the extent of project impact and the result of which will help identify who will be affected. She said that under ADB guidelines, affected households and other entities will be provided compensation should they experience adverse project impact. However, she requested the residents to cooperate with the said team by giving time for interviews and providing the information that will make the PPTA come up with a report that will help the various stakeholders come up with a project that will maximize benefits for all. The participants promised to cooperate with the census, inventory and survey team by providing requested information. They said that they will prevent further encroachments in the project site. Group Meeting, Beaung Saloung village, Phnom Penh (for Phnom Penh – included in Northern Line) 9:30 am, 25 May 2006, Beaung Saloung village, house of village chief The meeting was attended by 12 residents/household heads including the village chief Mr. Nhim Sophat of Beaung Saloung a village near the railway in the vicinity of Sokimex complex and the Phnom Penh Dry Port. Upon an ocular survey, the whole stretch of the village appears to be lined alongside the tracks and therefore it is likely that many people (even majority) will be affected by the planned railway rehabilitation. Also in the meeting were Mr. Chan Sophin, Royal Railways of Cambodia (RRC) District Chief in Phnom Penh and Mr. Samrangdy Namo, Coordinating Engineer for the PPTA of GMS Rehabilitation of the Railways in Cambodia Project ADB TA 6251-REG, who acted as the interpreter. Ms. Maria Lyra S. Estaris, Resettlement and Social Impact Consultant of the PPTA and Mr. Samrangdy composed the facilitating team. Mr. Samrangdy Namo gave an orientation on the planned railway rehabilitation. Ms. Estaris then told the participants of the possible impact of the project to the residents with property within the 3.5 m corridor of impact (COI) from the track centerline (for a total of 7 m COI). She said that the space is needed to be able to construct the railway infrastructure and clearance for the passing trains. The participants, composed of an equal number of men and women, said that they might have a problem if they will be asked to move back because there is generally no available space for them to move. They said that from what they have heard, the COI which will be implemented is 10 m from the centerline and they fear that with this width, many will lose their homes. If the COI is 3.5 m, they say that the project will have minor effect for most of the houses. One participant said that the families who will be severely affected have no other land to build their homes. The families who are presently living in the village came in the area sometime 1979 during the fall of the Pol Pot regime. The land along the tracks was a forested area which they themselves cleared and where they eventually settled. They have no documents to

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Rehabilitation of Railway in Cambodia 9 ADB T.A No. 6251-REG

prove that they own or have legal claims in their respective house plots. However, houses and lots in the area are freely bought and sold. Houses and lots in the village cost from USD3,000 to USD10,000, they said. Those who rent for a place to live in the village pay from USD15 to USD30 per month. The participants have expressed willingness to shift/move back when requested to give way to the clearance needed. However, for those who will lose homes, they inquired about compensation in the form of relocation. They prefer a relocation site that is near to Beaung Saloung – about 1 to 2 kms away they said would be ideal for them. Within the village (right in the middle of 2 sets of rail way tracks) is a small wet market where many do small business. Most people living in the village earn income as motorbike taxi drivers and construction and garments factory workers. They were likewise asked by Ms. Estaris about their idea of a low cost housing project – where they have to pay for houses and lots that would provide them security of tenure, if ever. The participants said that it is a good idea however, they are concerned about the affordability. When asked if they know a vacant land near the village where it will be good to settle, they said that there could possibly be available private land nearby and the cost would be around USD80 per square meter. Ms. Estaris said that the Study Team under the ADB is studying the impact of a 3.5 m centerline anticipating that a wider COI will have more negative impact to the village. If the RRC is claiming a wider COI, it may be because of the legal ROW which is 10 m from the centerline. Studies are still being conducted, she said. People will have to be informed as well as consulted about impacts of projects that will be funded by ADB. She then, with the help of Mr. Samrangdy said that a census, property inventory and socio-economic survey team will be conducting data gathering in the village soon to determine the extent of project impact and the result of which will help identify who will be affected. She said that under ADB guidelines, affected households and other entities will be provided compensation should they experience adverse project impact. She requested the residents to cooperate with the said team by giving time for interviews and providing useful information for the railway rehabilitation project. Interview with Mrs. Tan Tundra, village chief of Domnak Smach village, Veal Pong commune (For Northern Line) 17 May 2006, 10 am Others in attendance: Mr. Dok Virak – census and survey supervisor, Green Goal Mr. Lay Buntek – Battambang station manager, RRC Ms. Maria Lyra S. Estaris – consultant, Resettlement and Social Impact When asked what is her opinion of the project, Mrs. Tan Tundra welcomes the planned rehabilitation of the Cambodian Railway. She is said that it will be good for the people in her village of Domnak Smach because more train schedules would mean more opportunities for the village residents to earn a living by selling/trading. She said that the village is a station where cargo is loaded and unloaded and passengers board and disembark. However, people living near the tracks are worried about the possible loss of houses and property because they heard that the corridor of impact (COI) that will be implemented by the government is 30 m from the centerline of the tracks. Also, she said that the people worry on the schedule of dismantling of structures and that they might end up homeless. She said that the people wants to be clear on the compensation that the government is providing the affected persons as well as the schedule of rehabilitation/construction. Ms. Estaris said that the extent of impact and compensation is still understudy with the current census, land inventory and survey conducted as well as with community and public consultations held by the Study Team. She also added that no movements or dismantling work will be done unless government has sufficiently informed and encouraged the people to participate in planning and has compensated those who are affected. She said that there will be more

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Rehabilitation of Railway in Cambodia 10 ADB T.A No. 6251-REG

data gathering and information campaign activities in the village where future actions will be based on agreements between the government and affected persons. Mrs. Tan was asked to provide general information on Domnak Smach village. Domnak Smach village has a total population of 966 (latest figure) divided among 187 households. Common income source of the people is rice farming during the rainy season and vegetable and watermelon planting during summer months. Many people settled in the village in 1980 after the fall of Khmer Rouge. Like her and her family, “land permission” documents were distributed by the then village chief allowing people to settle in the village with parcels of land. She said that until now, it is that document held by her and many people in the village as proof of “ownership”. Mr. Dok said that this form of land distribution falls under the Social Land Concession Law. Mrs. Tan originally comes from a village – Sdok Kroal – that is 3 km way from the present village. She and her husband do business in the village by providing electricity to nearby houses by their private generator. People also come to their house to recharge batteries for a fee (the village is not connected to a power gridline). She also has a business that rents out party furniture. When asked about what kind of social/community problems that were brought to her attention, she said that she has mediated in a few cases of domestic violence due to infidelity of the husband. Also recently, there was a case of land dispute between 2 brothers who eventually have to elevate the case in court. The Study Team members after the discussions thanked Mrs. Tan for the time and information she provided and said that the government will continue to be in touch with community residents about the project.

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Resettlement Plan – Annex 1B

Rehabilitation of Railway in Cambodia 1 ADB T.A No. 6251-REG

ANNEX 1b

PUBLIC CONSULTATIONS IN POI PET COMMUNE

Public Consultations in Poi Pet Commune, Ou chrov District (For Northern Line, “Missing Link”) 3 April 2006, AM session, Balilei Pagoda and PM session, Mong Chen Pagoda

Introduction Two public consultation sessions were held in two different places in Poi Pet on 3 April 2006. The first session was held in the morning at Balilei Pagoda. The participants numbering to 80 are from Kbal Spean village, one of the affected villages in the Poi Pet commune. Participants said that other residents in communities affected by the project were unable to attend because they work as market sellers/vendors in the morning. The afternoon session was held in Mong Chen Pagoda with participants coming from Baleylay and Kilometr Lekh Boun villages in Poi Pet commune. This was a bigger group composed of 300 participants. Background of the project study area (Poi Pet commune/Ou Chrov district) Poi Pet commune before 1990 was a battle field between the alliance of Cambodian and Vietnamese governments versus the Khmer Rouge forces. Road networks and structures, (possibly including the railway) were destroyed. The thousands of land mines planted in the area wrecked havoc in the villages then and still cause so much concern up to this time. After national reconciliation and the elections in 1993, the new Royal Government of Cambodia started de-mining and converting the land mine field into rice fields. However, remnants of Khmer Rouge factions still assault the villages until 1997. Migrants from other provinces including refugees from Cambodian-Thai borders came to settle in Poi Pet. On their own, they helped in de-mining the land after which they built their own houses, started businesses, while others cultivated crops in the open land. Spontaneous settlements have also been happening in NR5 around this time with the stable peace and order conditions that have started to descend in the area. Most of the plots of land that present residents occupy along the railway were bought from families of the members of the armed forces that earlier subdivided and encroached on government land. As the railway has to be revitalized and reconstructed, buffer clearance is needed necessitating the resettlement of squatters and encroachers in the railway’s right of way (ROW). The Royal Government of Cambodia and the Asian Development Bank (ADB) have to deal therefore with the issue of resettlement of the informal settlers. Summary of consultation meetings Members of the PPTA Team for the GMS Rehabilitation of the Railway in Cambodia Project ADB-TA 6251-REG presented the planned project to the participants. Presenters focused on the possibility of resettlement for project-affected persons. The discussions included

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Resettlement Plan – Annex 1B

Rehabilitation of Railway in Cambodia 2 ADB T.A No. 6251-REG

compensation, government and ADB principles, policies and procedures on resettlement, its implementation and monitoring as well as the options that are open for the people to mitigate the negative impacts. The Team then gave the participants the opportunity to ask questions and seek clarifications regarding their concerns about the project. The team encouraged the participants to ask questions. In the two consultation meetings, similar issues have been raised – resettlement area, actual relocation, compensation of affected land and property as well as possibility of more assistance to be given to vulnerable households. Concerns of people from Kbal Spean village (morning session): Residents of Kbal Spean present said that they have already lived in the area for a long time. Many are renters because they cannot afford to buy land and build their own houses. They were interested to know when the project will actually be implemented, what kind of compensation will be given the poor renters, and if government will provide lot for housing as well as other forms of assistance. Concerns of people from Baleylay and Kilometer Lekh Boun villages (afternoon session): A female participant who was a refugee from the Thai side of the border asked what kind of compensation she is set to receive, given that she has been a resident of the area for a long time and will not return to Thailand anymore. She said she has opted to stay near the railway track because of the dangers posed by the land mines in open land elsewhere. She asked for the government policy that will deal with her particular case. Another female participant said that she is living on the present affected land because a powerful person has grabbed her own land and evicted her and her family by bulldozing their house. She claimed that she has been occupying the present land since the past regime and she has her neighbour to vouch for her long occupancy. She also asked how she will be compensated. Another participant raised the matter regarding the schedule of implementation of the railway rehabilitation. He has expressed hopes that it will really be implemented this time because there were already surveys done in the past time but the project has never been started. Summary of Response from the PPTA Team Team members responded by informing that census and inventory of affected assets will be done in the subsequent days to determine the just compensation for affected properties. Also, the studies will be done to include options for forms of compensation that will most effectively respond to and mitigate social and environmental impacts of the project. The Team believes that the consultation sessions would build good rapport among national and local governments, local people and other project stakeholders.

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Resettlement Plan – Annex 1C

Rehabilitation of Railway in Cambodia 1 ADB T.A No. 6251-REG

ANNEX 1c

REPORT ON POI PET CONSULTATION MEETINGS Venue: Kbal Spean, Palilay, Kilomet 4 villages, Paoy Paet Commune Date and Time: 15-17 June 2006 Moderator: Chea Sarin, Resettlement Specialist, PPTA for ADB RETA6251-REG Observer: Lay Buntek, RRC official 1. Demographic Information The following are demographic information of APs in the three villages who attended the FGDs.

GROUP 1: FEMALE HEADED HOUSEHOLDS IN KBAL SPEAN VILLAGE AP Name Sex Age Occupation Education Land tenure Yr of

stay Place of origin

1 Oung Men F 60 Vegetable seller, water vendor and house rentee

None Claimed 1991 Takeo

2 Kim Chenda

F 51 Water vendor and food seller

None Claimed 1995 BTbang

3 Keo Kunnary

F 37 Tailor Completed primary

Purchased 1995 BTbang

4 Soon Burin F 55 Tailor Incomplete primary

Claimed 1992 BTbang

5 Thou Pol F 62 None None Purchased 1996 Takeo 6 Som Vy F 54 Food seller Incomplete

primary Purchased 1995 P Veng

7 Malis Eang F 74 Aged None Purchased 1997 BM Chey 8 Deng Huy F 51 None Incomplete

primary Purchased 1997 BTbang

9 Poeung Vorleak

F 32 Grocer (blind) Completed primary

Purchased 1999 BTbang

GROUP 2: HOMESTEAD BUSINESS ESTABLISHMENT AND LIVESTOCK IN KBAL SPEAN VILLAGE AP Name Sex Age Occupation Education Land tenure Yr of

stay Place of origin

10 Keo Sambo F 46 Grocer Incomplete primary

Purchased 1997 DK

11 Say Nhen M 34 Grocer Complete secondary

Claimed 1991 P Veng

12 Chantha F 52 Ice seller Incomplete primary

Renting 1991 Kandal

13 Bao Sor F 32 Game shopkeeper

Incomplete primary

Renting 2001 S Reap

14 Nhem Lanh F 45 Grocer Incomplete primary

DK 1996 BM Chey

15 Tim Roeun F 51 Seller Incomplete primary

DK 1994 BT Bang

16 Tak Yinn M 42 Livestock DK Claimed 1994 BT Bang 17 Soon R

Mony M 44 Livestock DK Claimed 2001 BT Bang

18 Sann M 28 Livestock, DK Claimed 2000 P Penh

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AP Name Sex Age Occupation Education Land tenure Yr of stay

Place of origin

Socheat motodob

GROUP 3: BORDER-BASED WORKERS IN KBAL SPEAN VILLAGE AP Name Sex Age Occupation Education Land tenure Yr of

stay Place of origin

19 Kong Phoeun

M 37 Cargo broker Incomplete primary

Renting 1992 K Cham

20 Se Chan M 36 Cart pusher Incomplete primary

Renting 1993 P Veng

21 Thon Don M 33 Guide DK Purchased 1993 P Veng 22 Te Neang M 36 Cargo broker Incomplete

primary Purchased 1991 DK

23 Suy Leap F 44 Worker None Claimed 1990 DK 24 Deng Nhep M 57 Temple priest Incomplete

primary Claimed 1999 BM Chey

25 Long Savann

M 40 Cart pusher Incomplete primary

Claimed 1993 BT Bang

26 Phem Pouch

M 56 Cart pusher Incomplete primary

Claimed 1993 S Reang

27 La Veng M 56 Cart pusher DK Claimed 1994 S Reang 28 Kean

Chamroeun M 40 Cart pusher DK Claimed 2000 BT Bang

GROUP 4: VULNERABLE GROUP IN PALILEY VILLAGE AP Name Sex Age Occupation Education Land tenure Yr of

stay Place of origin

29 Uy Hoeun F 58 Fruit seller Incomplete primary

Purchased 1998 BT Bang

30 Mom Ratt F 46 Mobile seller None Purchased 2000 Pursat 31 Yang

Sophan F 55 Fish seller None Purchased 1993 Camp

32 Tab Ry F 53 Babysitter Studied at pagoda

Purchased 1993 Camp

33 Khiev Vanna

F 46 None Incomplete primary

Purchased 1990 Kratie

34 Nhim Chann

M 42 Cart puller Incomplete Purchased 1992 Pursat

35 Suy Seik F 51 Grocery Seller Purchased 1990 BT Bang 36 Teang

Sokha M 67 Fish cleaner Incomplete

primary Purchased 1994 BT Bang

37 Keo Chantho

F 37 None Incomplete primary

Purchased 2003 Camp

38 Bou Phlok F 32 None Incomplete primary

Claimed 1996 Camp

39 Lay Hem F 36 None (Disable) Incomplete primary

Staying with permission

1992 Camp

GROUP 5: FEMALE GROUP IN PALILEY VILLAGE AP Name Sex Age Occupation Education Land tenure Yr of

stay Place of origin

40 Chhoeun Kimten

F 18 Living with parents

None Purchased DK Kg Cham

41 Sruoy F 57 Fried banana Incomplete Claimed 1993 Kg Cham

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Sream primary 42 Sun Phorn F 63 Babysitter None Renting 1992 Kg Cham 43 Chea

Sophan F 55 Cake selling None Claimed 1992 Kg Speu

44 Khim Ton F 80 Old age/ living with nephew/niece

None Purchased DK Kg Speu

45 Srey Youn F 69 Old age None Claimed 1992 Kandal 46 Yang Lim F 37 Construction

worker None Purchased 1993 Camp

47 Uch Vanny F 41 Cake seller Incomplete primary

Renting 1996 Takeo

48 Hon Sophean

F 46 Construction worker

None Purchased 2000 Prey Veng

49 Pouch Heng

F 46 Laundry worker

Incomplete primary

Renting 2003 Kg Cham

50 Sok Sruol F 60 Beggar (Disable)

Incomplete primary

Renting 1998 Kandal

GROUP 6: MIXED APS IN KILOMET LEK BOUN VILLAGE AP Name Sex Age Occupation Education Land tenure Yr of

stay Place of origin

51 Rem Doum F 48 Traditional medicine maker

None Claimed 2001 BT Bang

52 Hov Bun M 52 None (Disable) None Claimed 1997 Siem Reap

53 Chuon Mov M 37 Cement carrier Incomplete Secondary school

Claimed 2001 Takeo

54 Keo Yeub F 53 Living with nephew/niece

None Claimed 2001 BT Bang

55 Horm Sam Ol

F 69 Living with grand children

None Claimed 2001 Takeo

56 Rith Kim F 45 None None Claimed 2001 BT Bang 57 Yos Chan F 47 Cement carrier Incomplete

primary Claimed 2001 BT Bang

58 Hay Hann M 40 Cement carrier Incomplete secondary school

Claimed 2001 Svay Rieng

59 Sin Sovanny

M 38 None (Disable) Incomplete secondary school

Claimed 1996 BT Bang

60 So Hay F 69 None None Claimed 2005 BT Bang 61 Tith Ty M 40 Carrier None Claimed 1996 Siem

Reap 62 Sin Narong M 65 None Incomplete

primary Claimed 1996 BT Bang

63 Kak Chanthul

M 52 Construction worker

Incomplete primary

Claimed 1991 Phnom Penh

GROUP 7: FEMALE APS IN KILOMET LEK BOUN VILLAGE AP Name Sex Age Occupation Education Land tenure Yr of

stay Place of origin

64 Bou Phat F 31 Mobile seller Incomplete primary

Claimed 1995 Kg Cham

65 Lim F 43 None None Claimed 1995 Kg Thom

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AP Name Sex Age Occupation Education Land tenure Yr of stay

Place of origin

Sopheap 66 Hak Eng F 56 None Completed

primary Claimed 1996 BT Bang

67 Kim Lay F 52 None Incomplete primary

Purchased 1993 BT Bang

68 Sok Ruom F 51 Grocery seller None Purchased 1994 BT Bang 69 Pao Thean F 62 Steel carrier Incomplete

primary Claimed 1996 BT Bang

70 Taing Deang

F 76 None None Purchased and claimed

1996 BT Bang

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Resettlement Plan – Annex 1C

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2. Proceeding of the Session Mr. Chea Sarin, the Project Consultant, is the moderator of the session and Mr. Lay Buntek, the RRC official, is the observer. To begin with, the participants are informed about the objective of the discussion and followed by Q&A session where many issues are arisen and discussed. This report combined together the 7 FGDs conducted in the three villages of Poipet commune. 3. General Description Participants in the meeting are households residing within the old station and COI of 15m��F

12 of the Kbal Spean, Paliley and Kilomet Lek Boun villages. They are female, elder and disabled headed households, homestead business establishment, workers and sellers whose income based on border activities, labor-force workers and general APs.

Participants of Group 1 are basically the house owners and all are female-headed household (widow); Group 2 combines of those who are now operating their business at home; Group 3 are those whose income based on cross border activities; Group 4 is mixed vulnerable households; Group 5 female-headed household; Group 6 is mixed APs; and Group 7 is female APs.

All participants migrated from various parts of the country and majority of them were originated from Battambang province. All of them have settled in the affected land for more than 5 years. See demographic information of each AP in section 1 above.

Majority of participants reported that they faced forced eviction at least one time since they came to settle in Poipet.

4. Results of the Discussion Affected Lands and Status of Tenure and Year of Stay

About 49% (or 34) of the participants (total 70) have stayed in the affected land since 1995 and longer, 31% settled during 1996 to 2000 and 17% settled after 2000. Majority of participants reported that they migrated to Poipet during 1990 to 1995. During the wartime, Poipet was covered by landmine and UXOs and people were highly at risk when they cleared the land in order to resettle. About 49% (or 34) of the participants (total 70) reported that they cleared, claimed and occupied the affected lands, 35% purchased the affected land from others, 12% is renting and the rest is staying with their relatives.

I was here since 1991. At that time there was still fighting. Not many people were living in Poipet at that time. All lands were covered by mine and UXOs. My family and few others encroached the land and de-mined in risk of our life. AP1 in Kbal Spean. Most of people came to live in this area (the affected land) because it is safer than other place at that time (during 1990-93), less mine suspected, less bomb and artillery shell and robbery. AP11 in Kbal Spean

12 Households in the 15 m COI attended the meeting although 7m COI has been established for the Project.

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I purchased my land in 1992 from another person. Because I dared not encroach the vacant land as there were lots of mine and UXOs. AP22 in Kbal Spean My family came to claim and occupy the land since 1991. In 1995 three of my family members were killed in road accident thus I sold the land. Now I am renting it. AP12 in Kbal Spean. I hired a soldier to de-mine my land and I claimed it for my own since 1991. AP23 in Kbal Spean We are the victims of forced eviction during 2000 by a powerful general. In the past we have proper land to stay. Just in 2000 a powerful general claimed that he owned the land and forced us to move out of the land. We have nowhere to stay after the eviction. Therefore, we ended up settling in the railway. AP53 to 58 in Kilomet Lek Boun

Most participants are aware that the lands they are now residing belongs to Royal Railway of Cambodia (RRC) and have no objection if the land is taken for the railway project. On contrary, they will not leave the area if the land is taken for other purpose rather than for railway development. Few numbers of participants said they purchased land from other without knowing that it belongs to RRC.

I purchased land from other knowing that it belonged to RRC. As matter of the fact, it is cheaper and close to the market where I can do business. AP3 in Kbal Spean I also purchased the land from other. I knew the land belongs to the State (government). If they want the land back I have not choice but to give them. It is up to the State to help me. AP6 in Kbal Spean If my land is taken for the railway development I agree to give but if it is later giving to the businessperson to build casino or other business establishment I will not agree as I have cleared this land and lived since 1991. AP1 in Kbal Spean We all are aware that the land we are settling now is the railway embankment but we have no other land. AP53 in Kilmet Lek Boun I bought this portion of land from other without knowing that it is belong to railway. AP67 in Kilomet Lek Boun

Income vs Expenditure

Majority of participants are low-income earners. Most of their income relies upon cross border and local activities. Their occupation are primarily local service providers and retail/food sellers. Average household gross income ranges from Thai Baht 100��F

13 to 200 per day. However, the net income is less than Baht 100 per day. They have no or little saving from what they earn per day. Main items for their expenditure are food, water, electricity and child schooling.

I am a tailor at home. I can earn Baht 200 per day. I have to spend Baht 100 for daily consumption. I have two children who are in school. PA3 in Kbal Spean I am selling banana-fried cake. I can earn about Baht 200 per day from which I spend Baht 100 per day for food and ingredients. I have 5 children who four of them are in school. One of

13 US$1 = Bath 38.2 (exchange rate on 15 June 2006)

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my daughters is worker in Thai market. Her wage is Baht 3,000 per month. She has to travel everyday from home to the market. AP6 PA3 in Kbal Spean I am grocer at home. I can earn about Baht 50 per day (net profit). Apart from this I can earn another Baht 20 from my house rental. I have four brothers and sisters who are in school. From my daily income I spend Baht 20 for food and other Baht 30 for my brother and sister schooling and other necessary expenditure. Blind AP9 PA3 in Kbal Spean My family has 10 members and I am the only one regular income earner. My daughter affected by HIV and she can go to work only when her health condition is good. I am selling fish and can make Baht 250 in average per day. We don’t have any saving as we have big family. AP31 in Paliley I am a laundry worker and I can make Bath 20-50 per day. I am widow with two children who are now in school. AP49 in Paliley I am cement porter and I can make about Baht 150 per working day. I have 4 children who are now in school. I spend about Baht 100 per day for food and child schooling. AP53 in Kilomet Lek Boun

Resettlement Impacts

The moderator asked participants about the potential impact on their household and livelihood if they were removed from the present location. All participants expressed same concern over the loss of business and income if they are moved far away from present location.

Income and livelihood: All participants express concern that they will lose their business and consequently their livelihood will be significantly affected. They also expressed that at new relocation their household expenditure will be higher compare to here, however, on contrary, the income will be much lower.

If we are removed out of this area we will definitely lose our present business. Here it is very easy to earn for living although it is less but better than nothing. AP1 in Kbal Spean It will consume much of our time during the removal, as we have to spend time for dismantled our house and other affected assets, transport it to new location and rebuild the house. It also takes sometime to well settle at the new relocation site. Thus, we will lose our income during this period. AP4 in Kbal Spean At new site, everything will be more expensive i.e. food, water and electricity because it will it is imported from Poipet. AP6 in Kbal Spean

Disruption: All participants expressed that it will spend lots of time to remove and resettle in the new location. Thus, they will lose time for making living. They also state that it will take sometime for their families to well settle and integrate into the host community. Other issues include far away from school, health center, no proper water and electricity service in the new relocation and improper road access to Poipet.

It is obvious that removal and resettlement of house will take lots of time. Thus we will lose time for making money. AP68 in Kilomet Lek Boun

We (APs who are raising pig) will have difficult time to resettle in the new location as we have plenty of things to ship away, including house, household assets and animals (pig and chicken). AP16-18 in Kbal Spean

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Gender issue: All female participants expressed that resettlement will impact on male and female headed household differently. Female, elder and disabled headed household will have more impact than male in terms of time and money.

Woman is physically weaker than man. Therefore, we cannot bear with heavy work i.e. dismantle the house and rebuilt it by ourselves. In this case, we have to hire someone by paying money. Household that has man force will be much easier as they can do many things without hire someone. AP3 in Kbal Spean I have only one leg and I cannot do any heavy work or claim up high. Thus, I have to hire people to remove and rebuild my house. AP34 in Paliley

Relocation Options

The moderator raises two resettlement options for participants to choose, including Option 1 is on-site relocation and Option 2 is new relocation site. It appears that majority of participants (or 82%) choose Option 2, as they want to have security tenure. They said that they have no other land than this one. Therefore, they need land that is more secure for their children. However, the distance from present location to the new location will not exceed 6km. Otherwise, they prefer to stay at present location as they could not afford for transport. All participants in Kbal Spean and majority of participants in Paliley chose Option 2.

We want land that has secure tenure as we have no other land. However, it shall not be located very far away from this present location, as it will affect to our business. APs in Kbal Spean Members of my family work in Paoy Paet town. The further the location for more expenditure will be particularly the transport cost. I prefer to stay at present location if the new location exceeds 6km. AP3 in Kbal Spean The new site shall have other basic service and public facilities i.e. water, electricity, toilet, school, health center and market. AP6 in Kbal Spean I have big family and I want secure land for my children. AP31 in Paliley

On the contrary, minority of participants chose Option 1 with condition that they should be allowed to stay for at least five years.

We all have business here and we don’t want to lose it. Thus, we decide to stay with the ROW. However, the government should allow us to stay at least for five years. AP in FGD7

Relocation Funding

The moderator asked the participants about the credit for land purchasing as the government is supposed not to compensate for land. The view expressed below is for participants from Paliley and Kilomet Lek Boun only. The moderator missed to ask this question to participants from Kbal Spean village.

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All participants from Paliley and Kilomet Lek Boun agree to accept loan for land. However, the repayment period should be long enough and the amount of repayment should reflect their income level. The regular repayment amount should not cause any hardship to their livelihood. Eligibility and entitlement

Land claimant/owner refers to household who is freely occupying land or purchased land from others. Long-term tenant refers to household who is continuously renting land an/or house from other for at least one year. Short-term tenant refers to household who is temporarily renting land and/or house from other for less than one year. In Paoy Paet there are households who are settling for many years but they are not permanently stay in one place for longer period. They always move to rent different place very often say every few months. During our full survey we found that many tenants/renters conducted census in the first survey were disappeared and many new tenants/renters turn out. In this case it is very difficult to develop a proper resettlement policy especially for their entitlement. The moderator asked who should have entitled to what? They all��F

14 agreed that land claimants/owners should be entitled for replacement land and compensation for other affected asset. Likewise, tenants/renters who are continuously renting the land for five years and more should have same entitlement as the land claimants/owners. Those tenant who rent the house for less than five years will be classified as short-term tenant and they will at least received assistance from the Project for their lost of income during the removal and other assistance for resettlement at any form.

5. Conclusion and Recommendations The railway rehabilitation is obviously affected the livelihood of the people who are now residing within the old station and COI. Majority of participants of the FGDs wanted replacement land, as it is more secure in terms of titling. However, the replacement land should be as close as to the Poipet town. The new relocation site should have basic physical and social infrastructure i.e. road access to National Road No.5, on-site road network, water and electricity, sanitation facility, school and health center. On contrary, some APs wanted to remain in the ROW.

Therefore, it is suggested that:

- Resettlement and relocation should not be limited to one option. There should be menu of options for APs to choose.

- There should be a well-defined entitlement and compensation policy for claimants and tenants.

14 The question is asked to participants from Kbal Spean village only. The moderator did not ask this question to participants from other two villages as it seem not so relevant.

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- During resettlement implementation there should be a proper and strict investigation regarding the status of tenure in order to avoid any speculation and unjust compensation. It has to be clearly identified who is the real landless and need land.

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Resettlement Plan Annex 2 – Public information Booklet

Rehabilitation of Railway in Cambodia 1 ADB T.A No. 6251-REG

1. QUESTION: What is the Rehabilitation Project of the Railway in Cambodia? ANSWER: The Royal Government of Cambodia (RGC) proposes to rehabilitate its railway system composed of the Northern and Southern Lines including the re-construction of the “missing link” from Sisophon to the Cambodian-Thai border in Poi Pet. The project will using loan funds from the Asian Development Bank.

2. QUESTION: How will we know if we will be affected by the Project ? ANSWER: Based on the preliminary design using a 3.5 m from centerline as the corridor-of-impact (total of 7m to be permanently cleared) for whole railway line and reducing the Poipet station from 6 has to 3 hectares to meet the Project’s objective to avoid, if not, minimize resettlement impacts, a preliminary census and inventory of losses (IOL) has been conducted to determine the potentially affected persons (APs) and severity of impacts on their properties. However, please note that the list of potential APs and impacts on assets are preliminary only and that once the detailed design will be finalized, a detailed measurement survey (DMS) will be conducted and the final affected households will be identified. The list of APs and IOL results for each household are available in your respective commune office.

3. QUESTION: Do we need to have a land title in order to be compensated and assisted? ANSWER: All APs found within the Government ROW are considered non-legal users and therefore cannot be compensated for the land. However, lack of formal legal rights to land does not prevent any APs from receiving compensation for “loss of land use within the COI” and for non-land assets (example, houses and trees) and rehabilitation assistance for them to be able to restore or improve their pre-project conditions.

4. QUESTION: Could we stay within the remaining ROW? ANSWER: All APs will be given an option to move off-site (outside the ROW) for a more secured tenure or on-site (within the remaining ROW). If you opted for on-site relocation, no new permanent structures will be constructed and you have to accept the fact that you may in the future be removed by the government for justifiable cause (for eventual railway expansion). However you will receive a certificate form the Railway company indicating that you will not be forced to move for a period of 5 years.

5. QUESTION: How much will we receive and when will we be paid?

ANSWER: The compensation rate for each asset (land, houses, trees, crops etc.) is available in your commune office. Like the list of APs and IOL results, the rates in your commune office are preliminary estimates only. The final compensation rates will be available after the realization of the DMS. The payment will be done around 6 months after the completion of the DMS.

6. QUESTION: How will we be compensated for our affected assets? ANSWER: The following table below presents the main entitlement for each type of loss. More information on these entitlements is available at the commune office. You will not be required to move until payment for your losses and necessary assistance are provided to you. An advance evacuation notice will be provided to you prior to relocation.

Type of loss Entitled APs & Project Entitlements Permanent Loss of Land Use

- Cash compensation ($0,5 per square meter)

Main house and/or shops partially affected

- Cash compensation at replacement cost. Households/shops will be permitted to remain in remaining ROW with some conditions (no new structures built, HH/shops could be moved again)

- Transportation allowance: Cash payment of $20 per market stall; $40 for houses being relocated on same plot; $60 for houses relocated to another plot in same village area; and, $70 for houses relocated to another village or commune

Totally affected house or shop with relocation within the ROW (on-site)

- Cash compensation at replacement cost; - Reorganization in the remaining ROW with some conditions

(no new structures built, HH could be moved again) - Transportation allowance of $20 per market stall; $40 for

houses being relocated on same plot; - Living Allowance equivalent to 20kg of rice/person for 1 month

(small light house) or for 3 months (large strong house – larger than 5m x 12m)

Totally affected house or business with relocation outside the ROW (off-site)

- Cash compensation at replacement cost AND (a) Replacement Land (as a priority). OR (b) Cash Compensation for Loss of Land Use.

- Landless will be provided land outside the ROW - Full title on land - Transportation allowance: Cash payment of $20 per market

stall; $40 for houses being relocated on same plot; $60 for houses relocated to another plot in same village area; and,

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Type of loss Entitled APs & Project Entitlements $70 for houses relocated to another village or commune.

Crops and Trees

- Crops will be compensated based on current market prices - Compensation for trees will be adjusted based on their age

Renters

- Rental Allowance equivalent to 3 months’ rent allowance - Transportation allowance: Cash payment of $20 per market

stall; $40 for houses being relocated on same plot; $60 for houses relocated to another plot in same village area; and, $70 for houses relocated to another village or commune

- Living allowance equivalent to 20kg of rice/pers. for 1 month - Assistance to find alternative, affordable accommodation;

Relocating Businesses Owners/Renters

- Allowance ($50) to unregistered businesses - Compensation according to their daily net income for

registered business Bamboo Railway Train Operator

BRTO losing their main income - Cash compensation: 200$ for lost investment; AND - Cash Compensation for lost income : $75 (equivalent to 3-

month living allowance); AND - Project related job opportunities BRTO has other main source of income - Cash compensation: 200$ for lost investment; AND - Cash Compensation for lost income :$25 (equivalent to 1

month subsistence allowance) Severely APs, HH Vulnerable , women head of HH, poor, elderly without support)

- Allowance equivalent to 20kg of rice per person for 6 months - Entitled to income restoration program

7. QUESTION: When will the detailed measurement survey (DMS) be conducted? ANSWER: The DMS will be conducted after the final detailed design has been identified and the COI marked on the ground. You will be notified by the Project team on the date of the DMS activities. Please make sure that you or your representatives are present at the time of DMS. 8. QUESTION: If I have questions, disagreements or problems that arise during project implementation such as compensation, technical

and general project-related disputes, do I have the right to voice my complaint? ANSWER: Yes. If you have questions or disagreement on compensation and relocation options, you may present your questions or complaints to your concerned local administrative officials and grievance committees verbally or in writing. If you are still not satisfied with the resolution, you can take your complaint to the project management office (PMO) of MPWT in writing. All attempts will be made to settle the issues at the village level through community consultation. If efforts to resolve disputes at the village level and project level are still left unresolved or unsatisfactory, you have the right to directly contact the Asian Development Bank, Infrastructure Division, Southeast Asia Department (SEID-ADB) through the ADB office in Phnom Penh. If you are still not satisfied with the responses of SEID, they can directly contact the ADB's Office of the Special Project Facilitator (OSPF) of ADB (OSPF-ADB). 9. QUESTION: How will you know if these undertakings are kept and the objectives of this Project are met? ANSWER: All project activities will be monitored by the Working Group, Provincial Sub-Committee, SEU Ministry of Public Works and Transport, and the PMO. Quarterly Reports will be prepared and submitted to ADB. A post-resettlement impact evaluation will also be undertaken to assess whether impacts of the Project have been mitigated adequately and the pre-project standard of living of APs have been restored as a result of the resettlement and project. The ADB will also monitor these activities in its regular supervision missions during the period of project implementation. 10. QUESTION: Are there any other documents available to know more about the Project and resettlement issues? ANSWER: The Resettlement Plan prepared during the preliminary study can be obtained from the commune, district and provincial offices. Following detailed design and after the conduct of the DMS, the Resettlement Plan will be updated and finalized and this will be made publicly available again. If you have further queries and suggestions, please contact us at: Provincial Department of Public Works, Provincial Resettlement Subcommittee and Royal Railways of Cambodia (RRC) offices in the provinces of: Banteay Meanchey, Battambang, Pursat, Kampong Chhnang, Kampong Spueu, Kampot, Kandal, Takaev, Krong Preah Sihanouk

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Resettlement Plan Annex 2 – Public information Booklet

Rehabilitation of Railway in Cambodia 3 ADB T.A No. 6251-REG

Ministry of Public Works and Transport (Phnom Penh) - Inter-Ministerial Resettlement Committee, Resettlement Unit, Ministry of Economy and Finance (Phnom Penh) - Asian Development Bank Resident Mission - Phnom Penh (023) 215-807 Asian Development Bank, Manila (+63-2) 632-6128

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SAMPLE TERMS OF REFERENCE DESIGN AND IMPLEMENTATION OF INCOME RESTORATION PROGRAM

1. Objectives To restore or improve the socio-economic conditions, of the severely affected and poor and vulnerable households affected by the rehabilitation of the railway. 2. Activities a. Carry out Situational and Needs Analysis

• Analyze existing sources of income of severely affected and poor and vulnerable APs. To establish a baseline to gauge the success of income restoration program, estimate current actual income of APs,

• Assess the economic activities of APs by gender, age, group, education, skills, income, household size, preference, options to assess their needs.

• Identify the major socio-economic situations and problems of the APs and it must be understood in the context of the basic profile and culture and the concrete descriptions of their way of life and livelihoods.

• Determine specific needs of the poorest and most vulnerable APs

b. Identify existing or planned programs of the Government, NGOs, and other agencies within the project area to design appropriate strategies to link up with or expand such program.

c. Prepare a gender strategy to include enhancement of opportunities for women’s participation,

and to provide women increased opportunities to learn new skills and participate in the decision-making process, and take advantage of new employment and income-generating opportunities.

d. Carry out test training and income-generating programs with selected APs on a trial basis. 3. Requirements for Reporting

The Training and Income Restoration Program must include concrete actions for income restoration, including budget, timetables, responsibility for implementation, economic assumptions and risks and contingency arrangements. The Reports will include, but not limited, to the following: Inception Report:

• A review of current socioeconomic conditions of the AP including income baseline, if existing data is not sufficient, carry out supplementary socio-economic survey

• A summary of APs’ preferences for training and income restoration (indicating description of methods used to elicit APs’ views)

• A summary of potential training and income restoration programs (based on identified economic activities and opportunities prevalent in the area) and options available to APs and of the process of matching APs to particular programs or activities

• A gender strategy

Training and Income Restoration Program Plan

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• Detailed feasibility studies of the technical, economic, financial and institutional viability of the proposed income restoration programs��F

15, including realistic estimation of incomes to be received by participating APs and the number of APs that can participate in each activity

• A time-bound plan on specific programs for poor and vulnerable APs • A time-bound plan for development of human capital (appropriate trainings which have an

established employment demand) • A time-bound plan on job creation and provision of access to capital (example for small

enterprise, small agricultural, and agro-industrial credit) • Arrangements and indicators for monitoring the effectiveness of training and income

restoration programs and for modifying plans found to be ineffective • Implementation Arrangements including specific tasks and responsibilities of local

authorities and concerned agencies to be involved in the program • Budget and Implementation Schedule

Progress Reports (Quarterly)

• The content will include progress based on arrangements and monitoring indicators as set out in the income restoration plan report. It will also include satisfaction of APs, problems encountered and strategies or resolutions agreed on.

Completion Report

• It will include concise history of the program, evaluation of the implementation, including financial audit statements.

Post-Evaluation Report

• It will include post-evaluation of the implementation, case studies, conclusion and lessons learned.

Selection of the NGO/Consultants

• Should have experience in preparing and implementing (i) income restoration and (ii) gender and development programs in Cambodia

• Should have a gender specialist included on the team, • Should have the necessary gender perspective and experience to deal with the poor and

vulnerable groups, and • Should have female staff

Reporting

• Interim Report, one month after mobilization • Training and Income Restoration Plan, within two months after submission of Interim

report (contents as indicated above), • Quarterly progress reports

15 Can be existing or planned programs of the Government, NGOs, and other agencies within the project area with appropriate strategies to link up with or expand such programs.

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• Completion Report • Post-Evaluation Report

Schedule The program will be for a period of two years with possible extension for intermittent monitoring. Post-evaluation will be carried one year after completion of the program.

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Resettlement Plan Annex 4

Rehabilitation of Railway in Cambodia 4 ADB T.A No. 6251-REG

An Information Guide to the Consultation Phase of the ADB Accountability Mechanism