Nepal: Emergency Flood damage Rahabilitation Project

Transcription

1 ning Document Short Grant Number: 0150 December 2010 Nepal: Emergency Flood damage Rahabilitation Project Laukahi Water Supply and Sanitation Subproject, Sunsari Prepared by the Government of Nepal for the Asian Development Bank. This resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the terms of use section of this website. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

2 LaukahiOHT Subproject Government of Nepal Ministry of Physical Planning and Works Department of Water Supply and Sewerage Water Supply and Sanitation Division office Jute Bikas chowk, Itahari, Sunsari District EMERGENCY FLOOD DAMAGE REHABILITATION PROJECT Component C: Water Supply and Sanitation (Asian Development Bank, Grant No 0150-NEP (SF) SHORT RESETTLEMENT PLAN Laukahi Water Supply and Sanitation Sub- Project December

3 LaukahiOHT Subproject LIST OF ABBREVIATIONS ADB Asian Development Bank AP Affected Person BPL Below Poverty Level CDC Compensation Determination Committee CDO Chief District Officer DDC District Development Committee DOR Department of Roads DSC Design and Supervision Consultants EA Executing Agency GON Government of Nepal GRC Grievance Redress Committee HH Household IA Implementing Agency Km Kilo-meter lr Involuntary Resettlement MOPPW Ministry of Physical Planning and Works NGO Non Governmental Organization NRs Nepalese Rupees PAF Project Affected Family PAH Project Affected Household PAP Project Affected Person PCO Project Coordination Office PD Project Director PIU Project Implementation Unit RP Sq.m. Square Metres SRN Strategic Road Networks ToR Terms of Reference VDC Village Development Committee - 2 -

4 LaukahiOHT Subproject 1.0 INTRODUCTION Project Background Water Supply and Sanitation Component Sub-project Background Aims of Social Impact Assessment (SIA) IMPACT OF THE SUBPROJECT APPLICABLE LEGAL AND POLICY FRAMEWORK CUT-OFF DATE ASSESSMENT OF VOLUNTARY DONATION CRITERIA INFORMATION DISSEMINATION, CONSULATION AND DISCLOSURE Consultation and Participation Issues Raised in Public Consultation Disclosure 9 Table 2: Entitlement Policy Matrix GRIEVANCE REDRESS MECHANISM INCOME GENERATION AND VOCATIONAL TRAINING IMPLEMENTATION ARRANGEMENTS RESETTLEMENT BUDGET AND FINANCING MONITORING AND EVALUATION 13 ANNEX

5 LaukahiOHT Subproject 1.0 INTRODUCTION 1.1 Project Background 1. On 18 August 2008, Koshi River breached its left embankment and changed its course towards east and caused heavy damages to the four VDCs (Shreepur, Haripur, Laukahi and Paschim Kusaha) of the Sunsari district in the Esatern Develoment Region. The floods damaged/destroyed many private/public houses, standing crops and other infrastructures. About people had to be evacuated and settled in safer area in Sunsari district. Similarly heavy and incessant rainfall from 17 to 19 September, 2008 in the Far-Western Region of the country inundated considerable area of farmland in the Terai region of the Kalai and Kanchanpur districts and damaged/destroyed many infrastructures. The landslides caused by the rainfall also damaged the intake, transmission pipeline, river bed crossing of various water supply systems of both districts. 2. These two flood events of 2008 have directly or indirectly affected about 300,000 people and caused a loss equivalent to about US$ million in the three districts of Sunsari, Kailali and Kanchanpur. The present project (EFDRP) is designed to restore the livelihoods of people of these three districts through revival of agriculture and rehabilitation of infrastructure facilities damaged by the floods. The project design is based on the results of needs assessment studies of flood affected areas carried out jointly by the Government, ADB, and other UN agencies. The project Area is located in Sunsari district of Eastern development Region and Kailali and Knachanpur districts of Far-Western Development Region. 1.2 Water Supply and Sanitation Component 3. Expected benefits of this component is hygiene improvements in the flood affected areas, reduced pollution of ground water and surface water, and access to drinking water. This component has three activities; (i) water supply scheme; (ii) sanitation; and (iii) Community mobilization. The project will rehabilitate 28 gravity flow water supply systems in Kailali and Kanchanpur, and construct four small overhead water supply systems and install 3500 shallow tube wells in Sunsari to provide drinking water and sanitation facilities. The sanitation activity will cover health and hygiene education awareness program and support construction of house hold latrines for returnees in Sunsari district. In kailali and Kanchanpur districts, the project will focus on promoting hygiene and sanitation behavioral change through integrated community and school based program. Community mobilization will enhance and facilitate active participation of community to ensure equitable access to benefits, and long term sustainability of water supply and sanitation facilities. 1.3 Sub-project Background 4. The 2008 Koshi flood damaged 4 VDCs in Sunsari district. Water supply system is washed away by such flood completely in Sripur & Haripur VDC while partially in Paschim kusaha & Laukahi. Shallow tube wells and dug wells are the main source of water supply system in whole of terai area. Due to arsenic problem in the subproject area, 3 deep tube wells with small over head tanks have been proposed. Laukahi, Haripur and Bhantabari Water Supply and Sanitation Scheme are among four (4) anticipated schemes and identified for Small over head tank in the Sunsari flooded/ flood affected area. The Laukahi Water Supply and Sanitation Sub-Project is one of the among three OHT systems planned for - 4 -

6 LaukahiOHT Subproject implementation under the Grant assistance of the Asian Development Bank and Nepal Government. This Sub-project covers ward 1-9 of Laukahi VDC of Sunsari district. 1.4 Aims of 5. The aim for preparation of this (RP) is to provide policy and procedures of land acquisition, compensation and resettlement of affected persons. It has been prepared based on the findings of social impact assessment done during project design in April This assessment aimed to identify impact on property and income sources of affected persons with documentation of loss of land, houses, trees etc. within construction site. This RP particularly addresses adverse impacts associated with construction of overhead tank and pumping systems. The social considerations have been incorporated into design. However, geological and topographical factors, as well as land use and settlement patterns, make the acquisition of private property for construction inevitable. 1.5 Social Impact Assessment (SIA) 6. Social impact assessment was undertaken as a part of resettlement impact assessment. With leadership of cadastral surveyor from District Land Survey Office, Itahari, Sunsari, Cadastral survey identified only one household's land will be required for construction of OHT and related component, while pipelines and tap stands will be constructed using public land. Socio-economic survey of affected household was carried out to prepare profile of affected persons, assess incomes, identify productive activities and plan for income restoration. This survey also recorded demographic features and verification of lost assets ownership. 2.0 IMPACT OF THE SUBPROJECT 7. The SIA and Census Survey show that proposed subproject affects only one household, primarily through acquisition of land. Approximately ten people will be affected by the sub-project. None of houses, businesses and other minor structures will need relocating. A total of two katha ( sqm) of agricultural land will be acquired for the construction works. Required land is located at Ward No.4, Laukahi of Laukahi VDC. Sumitra Devi Shaha has provided required land (parcel number 269, 532 and 535) consisting total area sqm. Santosh Kumar Shah was head of household and Sumitra Shah is mother of household head. The household has total land holding sqm which forms loss 6.26% of total holding. 8. The social assessment has been carried out by the team of PIU in order to assess the resettlement works. During the focus group discussion a brief and initial assessment has been done for acquire of land, social issue and impacts. There is no effect or direct impact due to construction/rehabilitation of sub-projects. The subproject will have on one household and comes under category B of Resettlement Framework of the project. Therefore, a short resettlement plan has been prepared. 9. The land is primarily agricultural land but the flood has changed into barren. Wheat used to be main crop in these area followed by jute. Wage Labour, Farm Labour are the main other sources of income of affected people. Mr. Santosh Kumar Shah has business and is also an agriculturalist. Land requirement particularly for Laukahi Water Supply and Sanitation sub-project (for the construction of OHT) was determined by experts from ICON Consultant, who suggested possible location for OHT for sub-system. Table 1: Land holding and % loss of affected Household - 5 -

7 LaukahiOHT Subproject S. No. Name of Land Owner Area of land required (sqm) Total Land holding (sqm) 1 Ms. Sumitra Devi Shah % Loss Delineated Area East- Land of Anil Jha West- Musahari Tole North- Raod South- land of Bhola Shah 3.0 APPLICABLE LEGAL AND POLICY FRAMEWORK 10. This section reviews the policy framework that applies to the project. The RP follows Land Acquisition Act 1977, ADB involuntary resettlement policy, and the approved Resettlement framework for the project. This RP has been prepared based on project Involuntary Resettlement Framework, which is in harmony to GoN policies and ADB Policy on Involuntary Resettlement. Both ADB policy and GoN legislation emphasize avoiding or minimizing involuntary resettlement. Where the acquisition of private property is unavoidable, involuntary resettlement should be an integral part of project design and preparation. 11. The Interim Constitution of Nepal (2007) guarantees the fundamental rights of a citizen. Article 19(1) establishes the right to property for every citizen of Nepal, whereby every citizen is entitled to earn, use, sell and exercise their right to property under existing laws. Article 19(2) states that except for social welfare, the state will not acquire or exercise authority over individual property. Article 19(3) states that when the state acquires or establishes its right over private property, the state will compensate for loss of property and the basis and procedure for such compensation will be specified under relevant laws. 12. The Land Acquisition Act (1977) specifies procedures of land acquisition and compensation. The Act empowers the Government to acquire any land, on the payment of compensation, for public purposes or for the operation of any development project initiated by government institutions. There is a provision of Compensation Determination Committee (CDC) chaired by Chief District Officer (CDO)) to determine compensation rates for affected properties. Chief of Land Revenue Office, representative from District Development Committee (DDC) and concerned Project Manager are the member of committee and other relevant person can be invited as invitee. As per the Act, the compensation to be provided for affected asset is generally in cash based on recurrent market value. However, there is also a provision of land for land option in case of 100% loss of land under Clause 14 of the Act. 13. The Land Reform Act (1964) is also relevant. This Act establishes the tiller's right on the land which he is tilling. The land reform act additionally specifies the compensation entitlements of registered tenants on land sold by the owner or acquired for the development purposes. As per the Act, when state acquires land under tenancy, the tenant and the landlord will each be entitled to 50 percent of the total compensation amount. 14. The Public Roads Act, 2031 (1974) empowers the government to acquire any land on a temporary basis for storage facilities, construction camps and so on during construction and upgrading of roads. Any buildings and other structures such as houses, sheds, schools, and temples are to be avoided wherever possible. The government is required to pay compensation for any damages caused to buildings, standing crops and trees. Compensation rates are negotiated between the government and the landowners. 15. Land acquisition must also comply with the provisions set out in the Guthi Corporation Act The Section 42 of the Act states that Guthi (religious/trust) land acquired for a development must be replaced with other land

8 LaukahiOHT Subproject 16. The ADB's Policy on Involuntary Resettlement states that involuntary resettlement should be avoided where feasible. Where unavoidable, it should be minimized by exploring all viable options. Affected people/persons (APs) should be compensated and assisted, so that their economic and social future would be generally as favorable with the project as it would have been in the absence of the project. APs should be informed fully and consulted on resettlement and compensation options. The absence of formal legal title to land by some APs should not be a bar to compensation; particular attention should be paid to households headed by women and other vulnerable groups, such as indigenous peoples and ethnic minorities, and appropriate assistance provided to help them to improve their status. As far as possible, involuntary resettlement should be conceived in the presentation of project costs and benefits. 17. The Project's resettlement objectives are to (i) avoid land acquisition and involuntary resettlement wherever feasible; and (ii) minimize it where it is unavoidable, and ensure that APs receive assistance, so that they would be at least as well off as they would have been in the absence of the project. The key resettlement principles for the Project are as following: i. Involuntary land acquisition and resettlement impact will be avoided or minimized through careful planning and design of the project; ii. For any unavoidable involuntary land acquisition and resettlement, APs will be provided compensation at replacement cost and/or assistance so that they will be as well-off as without the project; iii. APs will be fully informed and consulted during project design and implementation, particularly on land acquisition and compensation options; iv. The absence of formal legal title to land will not be a bar to compensation for house, structures and trees/crops, and particular attention will be paid to vulnerable groups and appropriate assistance provided to help them improve their socio-economic status; v. Land compensation and resettlement assistance will be completed before award of civil works contracts, while other rehabilitation activities will continue during project construction; and vi. Land acquisition and resettlement will be conceived part of the project and the costs related to resettlement will be included in and financed out of the project cost. 18. Given that most local people are willing to voluntarily donate part of their land in building community and small-scale rural infrastructure that provide direct benefit to community, the Project has also accepted Nepal s tradition of land donation. However, adequate process and safeguards has been built in resettlement plan to ensure that the voluntary land donation is unforced and it doesn t lead to impoverishment of affected people, including: (i) (ii) (iii) (iv) Full consultation with affected persons and communities on selection of sites and appropriate design to avoid/minimize additional land take and resettlement effects; As a first principle, APs will be informed of their right to entitle compensation for any loss of their property (house, land, and trees) that might be caused by the project construction, and the land donation might be accepted only as a last option; No one will be forced to donate their land and APs will have the right to refuse land donation proposal from EA; In case APs are directly linked to project benefits and thus are willing to voluntarily donate their land after they are fully informed about their entitlement, the project will assess their socio-economic status and potential impact of land donation and accept land donation only from those APs who do not fall below the poverty line after the land donation and donation limited with 20% of total land holding; - 7 -

9 LaukahiOHT Subproject (v) (vi) (vii) Any voluntary land donation (after the process as mentioned above) will be confirmed through a written record, including a "no coercion" clause verified by an independent third party; The donation will be limited to only land and minor assets (houses and major assets will be excluded from donation); A grievance redress committees (GRC) will be set up in every road section and APs who are not satisfied with the land donation can file their complaint with GRC. If GRC found out that the above provisions were not complied with, APs will be excluded from the land donation. 4.0 CUT-OFF DATE 19. Any person directly affected by the project through the acquisition of assets belonging to him/her of his/her household or community are considered as Project Affected Person. This includes any person whose rights, standard of living, subsistence and income-generating capacity are adversely affected through the acquisition of assets, whether full/partial, or permanent/temporary. The groups of people residing in one house and operating as a single economic unit, who are adversely affected by the project, are defined as affected household. 20. The cut-off date for eligibility to compensation and assistance will be the date of the joint census of affected households and affected assets. For this subproject the cut-off date is fixed for 10 October ASSESSMENT OF VOLUNTARY DONATION CRITERIA 21. Total 10 People of a single joint family are affected by the project. All family members are literate and 8 have formal education and two are informally literate. Two family members are engaged in trade and business which is contributing major part of family income. Total annual income of this family is rupees and per capita annual income is which are higher than the district poverty level The land owner and household head arrived at conclusion that they will donate the required land in view of community benefit. The consultant project team assessed the voluntary donation criteria and found that the household was eligible for donation. Donation was made in public place and donation was witnessed by third party NGO. The verification letter provided by NGO on no coercion to affected household for donation has been attached as annex. 6.0 INFORMATION DISSEMINATION, CONSULATION AND DISCLOSURE 22. Both primary and secondary stakeholders are continuously consulted and requested to participate in each stage of project planning and implementation in line with ADB s policies on Involuntary Resettlement and Public Communication. The primary stakeholders are APs, beneficiaries, project staffs and district officials involved in the resettlement planning and implementation. 6.1 Consultation and Participation 23. This RP has been prepared in close consultation with stakeholders such as district level line agencies and community people. The study team has visited and consulted with different governmental organization, project affected people, key informants and other relevant people of the project area. The government organizations which were directly consulted within the field study period are: District Administration Office, District Land Survey Office, District Land Revenue Office, - 8 -

10 LaukahiOHT Subproject and District Agriculture Office. The team recorded information of affected assets of the affected household and other socio-economic information through household census and survey. 24. Individual consultations as well as group discussions were held in different places of the project area. The consultation process is a continuous process and will be continued till the completion of subproject implementation. Especially the local people and project affected population were focused to inform them about the nature of project and its activities. During the consultation information about the possibilities of acquisition of private assets by paying compensation was also shared. In addition, along with information dissemination the consultation also aimed at taking people s opinion and suggestions on the project and its impact Issues Raised in Public Consultation 25. Most issues are related to timely completion of construction work and sustainable availability of pure drinking water. People raised concern on delay of subproject implementation. They are committed to help necessary support for installation of pipeline, identification of public tap stand place and distribution system. Affected land owner was elected as WUSC and provided required land for OHT construction voluntarily in community meeting. 6.2 Disclosure 26. The information dissemination and consultation with APs is starting point for all activities concerning resettlement. Participation of APs as well as other stakeholders is continuously facilitated throughout the subproject cycle. To disseminate information about the Project to APs and local people public meetings were carried out in the subproject area. Further, project information was made available to the community concerned during the SIA and prior to preparation of RP. The draft RP has been disclosed to APs and concerned stakeholders prior to finalization. In addition, copies of RP have been placed at VDC and SPIU offices accessible to the public

11 .. Subproject Table 2: Entitlement Policy Matrix Type of Loss 1. Acquisition of private, tenancy, or Guthi land Application Entire or part of land to be acquired from owner of the land as recorded at cut-off date Definition of Entitled Persons Titleholder Tenants Policy/Entitlement Land with equivalent size and category, or cash compensation at replacement cost In case of vulnerable group, preference will be in replacing land for land. Any transfer costs, registration fees or charges Tenant will receive the 50% value of the land Non-titled persons will receive compensation/ allowance for one year crop, and provided with replacement land if ailani or Gov. land is available in the village. 2. Temporary loss of land Temporary land taken by the project Titleholder Tenants Compensation at replacement cost for net loss of income, damaged assets, crops and trees etc. An agreement between contractors and APs before entering the site. 3. Loss of residential, commercial, and other structure Structures, buildings including cattle shed, walls, toilets etc. affected by the project. Owner Tenants Non-titled Compensation at replacement cost without depreciation or deduction for salvaged material. Transportation allowance for residential and commercial structures to cover actual transact cost. Rental stipend equivalent of three months' rent for tenants who have to relocate from rented building. 4. Loss of community structures / resources Community facilities (e.g. irrigation, water.) affected by the project. The users of the facility or community or group Reconstruction by the project leaving such facilities in a better condition than they were before. or Cash compensation at full replacement cost without depreciation for salvaged material. Affected fruit/nut trees Owner of the affected fruit/nut trees Cash compensation based on annual value of the produce according to the Department of Agriculture norms. RPs to confirm that the DOA norms and techniques are sufficient and updated regularly. 5. Loss of trees and crops Affected timber and fodder trees Affected crops Owner of the affected timber and fodder trees Owner of the affected crops Sharecropper of the affected crops Cash compensation based on calculation of the production and calculated according to the District norms as decided by the Department of Forestry. Cash compensation based on the locally market prices for the produce of one year and calculated as per the norms of District Agriculture Development Office. 50% cash compensation of the lost crop for the sharecropper. 6. Loss of economic opportunity Economic opportunity lost as result of loss of livelihood base. Persons in the vicinity who may be adversely affected, although they do not lose assets as such Preferential involvement in project construction works. Skills training support for economic restoration Priority in poverty reduction/social development program

12 .. Subproject Type of Loss 7. Loss of time and travel expenses Application All expenses incurred in traveling to fill application and making claims and time lost. 8. Land donations Loss of land and other assets by means of voluntary donation Definition of Entitled Persons The entire project affected persons eligible for compensation. Voluntary donation is accepted only if AP: Is project beneficiary and is fully consulted and informed about their rights; Doesn t fall below poverty line after land donation; Donating up to 20% land holding, Unforced or freely willing to donate (with an agreement, including a "no coercion" verified by third party; Project facilitates transportation in official process Payment in the same day as other compensation. Policy/Entitlement No compensation for the donated land, but entitled for compensation of other assets such as house, structures etc. Transfer of land ownership by negotiation. Free/escape of any transfer costs, registration fees or charges. Preferential employment in wage labour in project construction work. 9. Additional Assistance 9.1 Preferential treatment in employment in project activities All APs Construction contracts include provision that APs will have priority in wage labor/employment on project construction during implementation. APs shall be given priority after construction for work as maintenance worker, mandated in local body agreement. 9.2 Skill training and income generation support One member of each PAF belonging to vulnerable group/below poverty line Skill training and income generation support financed by project RP to include a need assessment and skill training program for APs. 9.3 Priority in poverty reduction/social development programs All APs Participation of APs with priority in life skills, income generation, and other entrepreneurship facilitated by the Project

13 Emergency Flood Damage Rehabilitation Project Subproject 7.0 GRIEVANCE REDRESS MECHANISM 27. A committee has been formed to handle grievance received for immediate response at site. The SPIU head lead the committee with representation of APs and local leader. Representative from design and supervision consultant will present for facilitation of the process. Other than disputes relating to legal rights, it will review all grievances relating to land acquisition. Grievances will be redressed within two to four weeks from the date of lodging the complaints. 28. The key functions of the GRC are to (i) provide support for APs to lodge their complains; (i) record the complains, categories and prioritize them; (iii) settle the grievances in consultation with APs and IA staff; (v) report to the aggrieved parties about the decision/solution; and (vi) forward the unresolved cases to higher authorities. 29. Project affected people as well as local people can lodge their complaints at these offices related to assets acquisition and construction related activities either orally or in written. A register will be in SPIU for the grievance recording. The PAPs will be made fully aware of their rights and the procedures. Special project grievance mechanisms such as on site provision of complain hearings allows project affected persons to get fair treatment on time. There will be another system of appeal i.e. formal courts appeal. Under this system every PAP can appeal to the court if they feel that they are not compensated appropriately. They may appeal to appellate court within 35 days of the public notice given to them. PAPs will be exempt from all administrative fees incurred, pursuant to the grievance redress procedures except for cases filed in court. 8.0 INCOME GENERATION AND VOCATIONAL TRAINING 30. PAPs income will be enhanced by development of skills on village maintenance and sanitation workers training, Pre and Post Construction trainings. Pre & Post construction training cost for individuals will be about NRs and VMSW training cost will be NRs. 3000/ head. One member of the PAP will be provided with Village Maintenance and Sanitation Workers (VMSW) Training. He/she will be involved in pre and post construction trainings for skill development. 9.0 IMPLEMENTATION ARRANGEMENTS 31. This section outlines the implementation arrangements to be adopted for the timely completion of resettlement activities as recommended by RP. The EA has overall coordination responsibility and IA has planning and implementation responsibilities. The resettlement officer/supervisor of Works from design consultants will be engaged to assist APs and IA to implement the RP. The consultants will also liaise with IAs and the contractor to assist the affected persons, especially women and other vulnerable persons to obtain jobs in construction during the construction period. The IA will ensure that funds are delivered on time to the SPIU for timely implementation of resettlement plan RESETTLEMENT BUDGET AND FINANCING 32. This section provides cost estimates, budgets, and cash flows for meeting the objectives of the RP, according to the established schedules. The costs required for RP implementation (including

14 Emergency Flood Damage Rehabilitation Project Subproject any land compensation) will be financed out of sub-project grant provided to the district. These costs include (i) compensation for acquired assets; (ii) costs for rehabilitation of APs; and (iii) administrative costs for RP implementation and capacity building of the project agencies. 33. Entire land required for the construction of OHT has been donated by affected household free of cost. Budget requires for vocational training proposed for affected person and land registration fees is a part of resettlement cost. Total budget required for mentioned item is The cost is already available in project account and will be available as required MONITORING AND EVALUATION 34. The project has the objective to ensure that the economic condition of affected households shall not be worse than that of their situation without the project intervention. Regular monitoring will be carried out. Implementing Aagency will be responsible for monitoring of the resettlement planning and implementation throughout the sub-project cycle. A performance data sheet will be developed to monitor the project at the field level. Quarterly reports will be received from the SPIUs and Resettlement Officer will monitor the RP implementation and will report on a quarterly basis to DWSS and ADB on the progress of all aspects of resettlement activities. 35. The satisfactory implementation of RP including completion of land compensation is a condition for contract award and commencement of civil works. A verification report in this regard will be prepared by IA assisted by resettlement specialist/construction Supervisor and submitted to ADB along with proposal to award the contract(s)

15 Emergency Flood Damage Rehabilitation Project Subproject ANNEX Involuntary resettlement Categorization Check list WUSC registration certificate Agreement Copy Land ownership certification Recommendation Letter from NGO( Maa Bhagwati Mahila Sewa Sanstha)

16

17

18

19

20

21