Prepared by the Department of Roads, Ministry of Works and Human Settlement, Royal Government of Bhutan for the Asian Development Bank (ADB).

Transcription

1 Resettlement Planning Document Resettlement Plan Document Stage: Final Project Number: March 2007 BHU: Road Network Project Prepared by the Department of Roads, Ministry of Works and Human Settlement, Royal Government of Bhutan for the Asian Development Bank (ADB) 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

2 ROYAL GOVERNMENT OF BHUTAN MINISTRY OF WORKS AND HUMAN SETTLEMENT DEPARTMENT OF ROADS Road Network Project [ADB Loan No 2187-BHU] Consulting Services for Detailed Design and Procurement Assistance (Contract No: ADB 2187-BHU/RNP/CS/01) FINAL

3 EXECUTIVE SUMMARY TABLE OF CONTENTS 10 INTRODUCTION 5 11 PROJECT BACKGROUND5 12 CENSUS SURVEY AND CUT-OFF DATE5 13 SOCIO-ECONOMIC PROFILE OF THE AFFECTED HOUSEHOLDS 5 20 SCOPE AND APPROACH OF LAND ACQUISITION7 21 SCOPE OF LAND ACQUISITION AND COMPENSATION 7 22 LAND ACQUISITION 8 23 IMPACT OF LAND ACQUISITION8 24 PROPERTIES AFFECTED 9 25 OPTIONS OF RELOCATION 9 26 DIRECT IMPACTS 9 27 INDIRECT IMPACTS 9 30 ANALYSIS OF INCOME GENERATION AND IMPACT 9 40 OBJECTIVES, FRAMEWORK AND ENTITLEMENT OBJECTIVE12 42 ADB POLICY ON INVOLUNTARY RESETTLEMENT13 43 BHUTANESE LEGAL FRAMEWORK13 44 ADMINISTRATIVE RESPONSIBILITY FOR LAND ACQUISITION14 45 COMPARISON OF RGOB AND ADB POLICY14 46 ADB REQUIREMENTS ON COMPENSATION FOR LAND ACQUISITION AND RESETTLEMENT THE ENTITLEMENT MATRIX AS AGREED BY BOTH ADB AND BORROWER GENDER IMPACT AND MITIGATIVE MEASURES IDENTIFICATION OF SOCIO-ECONOMIC CONDITION, NEEDS AND PRIORITIES OF WOMEN WOMEN ACTIVITIES18 53 MITIGATION MEASURES INFORMATION DISSEMINATION, CONSULTATION, PARTICIPATORY APPROACH AND DISCLOSURE REQUIREMENTS CONSULTATION DISCLOSURE OF PROJECT INFORMATION MECHANISMS FOR STAKEHOLDERS PARTICIPATION IN PLANNING, MANAGEMENT, MONITORING AND EVALUATION DISCLOSURE OF RP TO AFFECTED PEOPLE GRIEVANCE REDRESSAL MECHANISMS MECHANISMS FOR RESOLUTION OF CONFLICTS AND APPEALS PROCEDURES PROCEDURES AND TIME FRAME FOR GRIEVANCE REDRESSAL COMPENSATION, RELOCATION, AND INCOME RESTORATION ARRANGEMENT FOR VALUING AND DISBURSING COMPENSATION INCOME RESTORATION MEASURES INSTITUTIONAL FRAMEWORK MAIN TASKS AND RESPONSIBILITIES21 92 WOMEN REPRESENTATION21 93 ROLE OF NON-GOVERNMENT ORGANIZATIONS (NGOS), WOMEN S GROUPS AND COMMUNITY-BASED ORGANIZATIONS (CBOS) RESETTLEMENT BUDGET AND FINANCING DISBURSEMENT TO APS22 1

4 110 IMPLEMENTATION SCHEDULE AFFECTED PERSONS IDENTITY CARD MONITORING AND EVALUATION 23 2

5 ACRONYMS ADB - Asian Development Bank APs - Affected Persons BHU - Basic Health Unit BSR - Bhutan Schedule of Rates CBOs - Community Based Organizations DE - District Engineer DYT - Dzongkhag Yargay Tshogchung (District Development Committee) DoR - Department of Roads DAO - District Agriculture Officer EA - Executing Agency FR - Farm Road FO - Forest Officer GYT - Geog Yargay Tshogchung (Block Development Committee) IR - Involuntary Resettlement LRO - Land Record Officer LAC - Land Acquisition Committee MoF - Ministry of Finance MoHA - Ministry of Home Affairs MoA - Ministry of Agriculture MoWHS - Ministry of Works and Human Settlement M&E - Monitoring and Evaluation Nu - Ngultrum NGOs - Non-government Organizations PM - Project Manager RGoB - Royal Government of Bhutan RF - Resettlement Framework RWSS - Rural Water Supply Scheme 3

6 ROAD NETWORK PROJECT, BHUTAN Short Resettlement Plan for Kharthungla-Kangpara (345 km) EXECUTIVE SUMMARY The Royal Government of Bhutan (RGoB), through the Department of Roads (DoR) of the Ministry of Works and Human Settlement, has proposed to implement the Road Network Project with the assistance of the Asian Development Bank (ADB) Project components involve the construction of four feeder roads of 1115 km This is a Short Resettlement Plan for Kharthungla-Kangpara feeder road (or sub project) covering 345 km which has been revised based on reduction of road corridor from 30 m to 12 m The Project will be guided by Resettlement Framework, which outlines the policy and the legal framework that applies to the involuntary resettlement issues of the Project and describes institutional arrangements including stakeholder consultation and disclosure of resettlement information It will guide the preparation of resettlement plans The Resettlement Framework takes into consideration the Bhutanese Legal Framework mainly the Land Act of 1979 and the Land Compensation Rate 1996, and the ADB principles on Involuntary Resettlement This resettlement plan has been based on a full census to register and document the status of the potentially affected population of the project area For the title holders, the cut off date is the date of land acquisition notification Based on the census, 101 households are being affected by the road alignment but not going to be physically displaced from housing and will not experience major impacts The APs are not loosing more than 10% of their productive assets, as there are no shops, houses to be affected by the alignment Concerning fruit trees that are affected, they are just meant for home consumption and will be compensated according to Land Compensation Rate (1996) Most importantly, 80% of the acquired lands are un-productive and kept fallow Only 20% of the lands are productive wherein APs produce vegetables mainly for home consumption and sale of surplus, which are in limited quantity, hence do not significantly contribute much to their annual income generation Therefore only marginal loss in income generation is expected, that too could be recovered through shifting vegetable farming in remaining land The construction of Kharthungla-Kangpara feeder road will lead to the acquisition of 2826 acre of land The private land to be acquired includes 21 acre land under shifting cultivation, 021 acre under fallow dry land (unproductive and kept fallow for many years) and 2595 acre dry land However, no wetland will be acquired by the proposed feeder road There are no any structures affected by the alignment The project will set up a Grievance Redressal Mechanism, in the existing mechanism of local committees (Gewog Yargay Tshogchung, Dzongkhag Yargay Tshogchung), and the Dzongkhag, which will hear complaints and facilitate solutions If the issue is not resolved, the individual/group may approach DoR through the office of the local Executive Engineer If the issue still remains unresolved, people would have the right to approach RGoB as per traditional practices All affected persons will be issued identity cards by the Department of Roads (DoR) The DoR will ensure that all the compensation and resettlement activities are completed prior to the start of civil works The total estimated budget for resettlement and land acquisition is Nu 601,34690 The DoR will conduct monitoring and evaluation of the project The results of this monitoring will be summarized in reports that will be submitted to the project authorities and the ADB on a biannual basis For external monitoring, the ADB will carry out review mission on a regular basis 4

7 10 INTRODUCTION 11 Project Background The Royal Government of Bhutan (RGoB), through the Department of Roads (DoR) of the Ministry of Works and Human Settlement, has proposed to implement the Road Network Project with the assistance of the Asian Development Bank (ADB) The project has two components: a Road Sector Development Component, and a Road Investment Component Land acquisition and resettlement issues are a concern only of the latter component The DoR is responsible for implementing the project The Resettlement Framework (RF) outlines the policy and legal framework that applies to the involuntary resettlement issues of the Project and describes institutional arrangements including stakeholder consultation and disclosure of resettlement information It will guide the preparation of resettlement plans Project components involve the construction of four feeder roads of 1115 km listed in the Table 11 These feeder roads will pass through more than 72 villages in different parts of the country and will benefit more than 2,300 households Table 10: Feeder Roads in the Road Network Project Road Name Length (km) Dzongkhag (District) Gewog (Block) Mirchim-Bongo 165 Chhukha Bongo Autsho-Garbagtang 540 Mongar Mongar Kharthungla-Kangpara 345 Khaling, Kangpara, Trashigang Thrimshing Tekizam-Bjena 65 Wangdue Phodrang Bjena Total: 1115 The construction of these feeder roads will require acquisition of private land While most of the land required is Government owned, it is estimated that less than 10 percent of required land is private property Given the sparse nature of settlements, it is possible to minimize the acquisition of private land 12 Census survey and cut-off date One hundred percent census of the project affected households and 20 percent socio-economic households interview survey was conducted to verify the type of socio-economic activities and land, fruit trees to be acquired The Census survey was conducted within 20 feet on either side of the centerline The pegging of the centerline was done by the DoR representative surveyor The census survey revealed that there were 101 Project affected households, losing land (Refer Tables 1 and 2 in Annex I) There were also persons loosing their fruit trees No non- titleholders were affected by the feeder road alignment 13 Socio-economic profile of the affected households The socio-economic profile of the 101 affected households is given below: The villages benefiting by Kharthungla - Kangpara feeder road are Dungchilu, Brekha, Korshing, Munung, Changphu, Thrimsing, Pasaphu, Gonpa-jore, Bedingphu, Sungmu, Lopokha and Jhordung The average number of person per household is 8 comprising of male and female and children but those actually residing in each household do not exceed more than 4 persons per household In an average of four persons were the record maintained for census record About 50% (4 members) are almost permanently outside villages working in construction sites, roads, monasteries, civil service, arm force and based on information gathered during field survey they go back to their respective villages very occasionally Therefore, all 8 members might not be considered as APs 5

8 Religion: Hundred percent of the people residing in this villages are Buddhist The overall settlement pattern of Khaling, Thrimsing and Kangpara gewogs are scattered in nature and not all villages are supplied with electricity The roofing type of all the houses is 60% wooden and bamboo thatch and 40% CGI tin sheet Health and Education: There are primary schools in each of the visited gewogs and the distance is sometimes 5 km from the actual settlement The average education levels in the villages are up-to middle school Apart from education, there is a heath care facility such as an ORC (Out-reached Clinic) and BHU (Basic Health Unit) provided by health division With regards to drinking water, the villagers have been facilitated with drinking water tap located just about 10 meters from their houses In contrary to this available facility, there are no public drainage systems or any toilets Socio-economic Activity: Ninety percent of the villagers occupation is related to agriculture production followed by 10% either in trade or employed in government The main cash crops are chilies, potatoes and vegetables The types of vegetables being sold are cabbages, beans, peas and radish in Thrimsing (Pakparey) 10 km, Wamrong 25 km and in Khaling 20 km The mode of transportation is head/back load and horse back The annual income generated by the villagers ranges from Nu to as high as Nu4,80000 The average size of land owned per family is acre and maize is leveled top ranking followed by chilies The vegetables are being sold mainly in Wamrong town, which is located about 2 hours from the center of the village Type of loss and ownership There are 101 households, which will be losing minimum part from their total land This includes both dry land and land under shifting agriculture Majority of the affected persons opted land for land compensation but the substitute land should be productive land or he/she will be endangered of becoming vulnerable and poverty and hunger might badly affect their livelihood Therefore, in such cases, DoR and other concerned dzongkhag should expedite in looking for a suitable land and cash compensation prior to initiation of civil work Income and occupational pattern The average income of the households varies from Nu to 4,80000 per year from the income generated through sale of agricultural produce such as potatoes, chilies and vegetables and animal products The main occupations pursued by the people in Influence-Area of the road remain almost entirely agriculture based, which is 92% of the total Eight percent of the villagers reported combining farming and other wage labour as their daily activities and a source of income There was one general shop observed in Bedingphu village under Kangpara gewog of Thrimsing dungkhag but not affected by the alignment The average land holding size is 40 acre, which consists of 90% dry lands and 10% land under shifting cultivation Owners normally cultivate their lands with occasional outside labour sharing The predominant resources for cultivation are: Oxen Labour sharing The farming activities in general in this gewogs are, helping each other by labour sharing Social Stratification From the interview survey, there are 8 APs having more than 100 acre of land and rest of the APs are having less than 50 acre of dry land There is no one among the APs whose land will be completely acquired and endangered of becoming landless Although there are 101 affected persons whose minimum land area will be acquired but this is not an indication that they are going to be physically displaced from housing 6

9 Households details The average family size among the affected family is 8 persons according to the census status but not all members are residing in their villages and thus not considered as affected persons The total areas of immovable property such as land are calculated in an average as 40 acre Basically, the land under dry land for agricultural production is 30 acre in an average and 10 acre land are kept fallow About 015 acre land are being utilized for backyard vegetable production The types of movable assets ownership of the gewogs in average include three cows owned by the villagers The dairy products such as milk, cheese, butter are consumed locally The oxen are used only for draught purpose There are also horses, which are mainly used for carrying agricultural products to market and bringing in goods from market Ninety percent of the villagers own radio and as a source of news receiving media Through radio, people can be reached with new agricultural technology knowhow Bhutanese people are in general subsistence agriculturist and some food items are bought from the market This pattern of buying food items is because of insufficient and inadequate production due to perhaps less land holdings and difficult terrain Cooking fuel such as fuel wood is not purchased and is abundantly available from the wilderness (forest areas) The villagers spent more money on educating their children followed by social functions There is no evident that the villagers purchase agriculture seeds nor purchase agriculture tools and implement Women Headed households Women headed households were also identified The ADB requirements as set in the Guidelines for Incorporation of Social Dimensions in Bank Operations, the household survey interview investigated women-specific households activities The objective of the interview survey focused mainly to identify the activities being carried out and constraints faced by the women and their role in participating in developmental activities The result of the investigation, which indicates that women spent more time on; purchasing household items from market (14-15 km) collection fuel wood (2 km) medical assistance and (5-10 km) child rearing Nevertheless, important decision makers of the houses are both male and female and, females often times does purchasing of household items and travel a considerable distant of 15 km in an average per month Women also actively participate in agricultural activities like transplanting upland paddies, broadcasting maize seeds, weeding and harvesting For medical assistance, women travel to Basic Health Unit (BHU) which is calculated and takes about 3 hours on foot to cover 5-10 km Other Vulnerable groups No any handicapped in surveyed households were observed during the household interview survey 20 SCOPE AND APPROACH OF LAND ACQUISITION 21 Scope of Land Acquisition and Compensation The RGoB acquires privately owned land for public purpose under the principles of eminent domain The Government will acquire privately owned land under the prevailing Land Act, 1979 (amended in 1991) for the purpose of construction of feeder roads Based on the road alignment, few privately owned land (dry land and some other land under shifting cultivation), and fruit trees having economical values will be affected which needs to compensated as per Land Compensation Rates 1996, Land Act of Bhutan 1996 and BSR 2005 Agricultural land: Wetland- Nu 35,00000 per acre Dry land Nu 20,00000 per acre Shifting cultivation Nu 5,00000 per acre Pasture land Nu per acre 7

10 The above rates are applicable for both sale and purchase to enable the people to purchase excess land at affordable rates Compensation on land will be based on entitlement matrix and laws of the Country The Land Act (1979) indicates that when private landholdings are acquired for public purposes, compensation is paid to the owner based on the area registered in the Tharm As far as possible, affected private landowners are entitled for substitute land even if they have other land recorded in his/her Tharm However, if small part of his/her land is affected (less than 005 acre) then cash compensation is more appropriate as replacement for a small piece of land will serve no purpose Currently, cash compensation is paid according to Land Compensation Rate 1996 In case the Government acquires a house/structure for public purpose, the compensation for any category of house whether built with RCC/brick/ stone masonry or in traditional style, shall be paid on the basis of valuation carried out in each case by a qualified engineer of DoR at the prevailing Bhutan Schedule of Rates (BSR 2005) The compensation for fruit trees are also worked out based on age wise compensation rate indicated in Annexure C and D of Land Compensation Rates Land Acquisition There are in total 101 affected persons and the total area to be acquired is 2826 acre Eighty seven percent of the APs opted land for land compensation and 13% cash for land Therefore, during the time of actual cash disbursement, the matter has to be crosschecked and revalidated Ninety percent lands are kept fallow and unproductive and are registered in their Tharm None of the APs appears to have land under wetland and, generally lands under shifting cultivation are called as Pangzhing and Tsheri This means people cultivate for one year and keep the land fallow for about three years and in case of Tsheri land, dry land are un-terraced and steep, cultivated once every 4-6 years There are no fruit trees affected under Khaling and Kangpara gewogs The types of land acquired are dry land where people grow maize, buckwheat, chilies, and some vegetables The Tsheri lands are all unproductive perhaps due to steep terrain and its location near to forest area where damage of crops by wild animals is obvious and a common issue During the time of survey, very negligible numbers of fruit trees were observed and affected by the alignment There was one unique fruit tree having some economical value apart from other known fruit trees The tree was more than 70 years old 23 Impact of Land Acquisition Efforts have been made to minimize impact of land acquisition The APs will be compensated at replacement costs for loss of land The immediate impacts of land acquisition foreseen in the construction of the Kharthungla-Kangpara feeder road are: loss of land loss of fruit trees having economical values Table 11: Extend of loss of land S No Extent of loss Number of Affected Households 1 <10% % % % 1 5 >75% - Total 101 8

11 Sl N o The type of fruit trees being affected are Sampharung (2 numbers), Peach (1 number), Pear (2 numbers), Plum (1 number) and Pomogranute (1 number) (refer Table 80 in annex 1) 24 Properties Affected Apart from land acquisition, there was one number water tap and two water tank affected by the alignment (Refer Table 5 in Annex I) As shops/structures are not affected there is no physical displacement of APs due to road alignment 25 Options of Relocation The entitlements for the directly affected person s are mainly for loss of land and loss of fruit trees The substitute land options made by the APs were recorded as land for land (87%) and cash for land (13%) and almost all the 87% APs have identified their substitute land near to their present settlement From the total 101 numbers of APs, 14 APs opted cash for land Upon inquiry, the reason was as follows; land not productive and located in difficult terrain; wild animal infestation; less manpower to work in the field; located far from their present dwelling; located near forest; want to establish shop near the road; maximum land holding; Note: 100% APs from Kangpara village, Kangpara gewog of Thrimsing dungkhag opted cash for land 26 Direct impacts The entitlement for the directly affected person s includes mainly for loss of land and loss of fruit trees loss of land (dry land, shifting cultivation) : Nu loss of fruit trees: Nu : Therefore, the amount payable to the APs stands as Nu3, (Refer Table 6, 7 &10 in Annex-I) 27 Indirect impacts During the survey, APs were asked about the existing wage labourers (both working in field and working as a porter), to find out about the indirect impacts, mainly the loss of livelihood of the wage labourers It is assumed that once the road is constructed there will be power tillers and tractors, which will affect the livelihood of the wage labourers, as there will be no field, work for them Even the horse owners, earning through porter, providing ponies would sustain a loss of their livelihood, as there will be taxis and other modes of transportation plying through the feeder road However, from the survey, no conclusion was reached about these impacts 30 ANALYSIS OF INCOME GENERATION AND IMPACT The annual income generation of the APs is mainly contributed by wage, agriculture, livestock and remittance as seen from Table 12 Although income from agriculture seems significant, however loss in income due to land acquisition will not be there as vegetables contributing to agriculture income could be easily grown in remaining lands Hence productive loss in income is not expected Table 12: Production loss Name Village Type of land acquired (wetland/ dry land/orch ard) Total land holding as per Tharm (acre) Total land acquire d (acre) 9 Total Land Acquire d (%) Wage (Nu) Type of Annual Income (Nu) Cereals (Nu) Agriculture Vegeta bles (Nu) Remittance VILLAGE: BREKHA, GEWOG: KHALING, DUNGKHAG: WAMRONG, DZONGKHAG: TRA-SHIGANG 1 Mr Wangpo Dungchilu Dryland None 2 Mr Sangay Brekha Dryland None Livestock Prod uct (Nu) % Loss

12 Tenzin 3 Mr Phurpa Brekha Dryland None 4 MrsTsherin g Pemo Brekha Dryland None 5 Mrs Chedon Brekha Dryland None 6 Mr Dungtu Dungchilu Dryland Fallow - None 7 Mr Sangay Pelzom Dungchilu Dryland Fallow - None 8 Mr Pelden Brekha Dryland None 9 Mrs Yeshey Pelzom 10 Mr Nima Tenzin 11 Mr Tenza Brekha Dryland No one None Brekha Dryland None Brekha Dryland None 12 Mr Shengay Dungchilu Dryland Fallow - None 13 Mr Lobzang Brekha Dryland None 14 Mr Neten Brekha Dryland None 15 Mr Pempa Dungchilu Shift cult Fallow - None 16 Mrs Chedan Brekha Dryland None 17 MrChomden Korshing Dryland None 18 Mr Tsheten 19 Mr Norbu 20 Mr Lungten Zamtsho 21 Mr Tashi Tshedup 22 Mr Kinlay Dorji 23 Mr Norbu Mr Langa Mr Lobzang Brekha Dryland None Brekha Dryland None Brekha Dryland Fallow - None Brekha Dryland None Brekha Goenpa Dryland Fallow - None Brekha Dryland None Brekha Goenpa Dundchilu Dzong Dryland None Dryland None 26 MrNgawang Lobzang Dungchilu Dzong Dryland None TOTAL LAND ACQUIRED: 1224 ACRE GEWOG: THRIMSING, DUNGKHAG: THRIMSING, DZONGKHAG: TRASHIG-ANG 1 MrKarchung Dungchilu Dryland Fallow - None 2 MrKarma Changphu Dryland None Choezey 3 Mr Duba Changphu Dryland Fallow - None 4 Mr Chhaza Changphu Dryland Fallow - None 5 Mr Tshejey Changphu Dryland Fallow - None Wangdi 6 Mr Shengay Changphu Dryland Fallow - None 7 MrsTshacha Munung Dryland Fallow - None Zangmo 8 Mr Dorji Thrimsing Dryland Fallow - None 9 Mr Thrimsing Dryland Fallow - None Peljor 10 Mr Sonam Thrimsing Dryland Fallow - None Dorji 11 Mr Sherab Thrimsing Dryland Fallow 1200 None Fallow Mr Pema Thrimsing Dryland Fallow 1800 None Dorji Tsheri (shifting cul) Mrs Pema Thrimsing Dryland Fallow - None Lhadon 14 Mr Sangay Thrimsing Dryland Fallow - None 15 Mr Sonam Thrimsing Dryland Fallow - None

13 16 Mr Sonam Thrimsing Dryland Fallow 3000 None Dorji 17 Mr Pelden Thrimsing Dryland Fallow 1200 None 18 MrTshewan Thrimsing Dryland Fallow - None g Gyeltshen 19 MrDawjey Thrimsing Dryland Fallow - None 20 MrPema Thrimsing Dryland Fallow 2400 None Wangdi 21 MrJhala Thrimsing Dryland Fallow - None 22 Mr Dhendup Thrimsing Dryland Fallow - None 23 Mrs Yanmu Thrimsing Dryland Fallow - None 24 MrJhanchuk Thrimsing Dryland Fallow - None Pelzang 25 MrsNgawan Thrimsing Dryland Fallow - None g Chedon 26 Mr Damche Brekha Dryland Fallow - None Wangdi 27 Mr Chenga Thrimsing Dryland Fallow - None 28 Mr Pempa Dunchilu Dryland Fallow - None 29 Mr Lham Pasaphu Dryland Fallow - None Wangchuk 30 Mr Dhendup Brekha Dryland Fallow 3000 None Merigjore 31 Mr Nangjey Gonpa- Dryland Fallow - None jore 32 MrDungtu Dunchilu Dryland Fallow 3000 None 33 Mr Sonam Gonpajore Dryland Fallow 3600 None 34 Mr Sonam Thrimsing Dryland Fallow - None Tashi 35 MrChamzan Thrimsing Dryland Fallow - None g 36 Mrs Lhaden Thrimsing Dryland Fallow - None 37 Mr Ugyen Goenpajore Dryland Fallow - None 38 Mr Langdar Changphu Dryland Fallow - None 39 MrKarchung Goenpajore Dryland Fallow - None 40 Mr Janga Bargen Dryland No one - - Fallow - None TOTAL LAND ACQUIRED: 902 ACRE GEWOG: KANGPARA, VILLAGE: BEDINGPHU, DUNGKHAG: THRIMSING, DZONGKHAG: TRASHIGANG 1 Mr Dawa Bedingphu Dryland None 2 Mr Sonam Bedingphu Dryland Fallow - None Wangdi 3 Mr Tenzin Bedingphu Dryland None Wangda 4 Mr Zamba Bedingphu Dryland Fallow - None Gyeltshen 5 Mr Kelzang Bedingphu Dryland None Kopi 6 Mr Jigme Bedingphu Dryland Fallow - None Wangchuck 7 Mr Ugyen Bedingphu Dryland Fallow - None Fallow Dryland Mr Late Sungmu Dryland None Tshewang Gyelponone 9 Mr Sengpa Sungmu Drlanad None Dorji 10 Mr Shacha Sungmu Dryland Fallow - None Dorji 11 Mr Tenzin Sungmu Dryland Fallow - None 12 MrSonampa Bedingphu Dryland None 11

14 Mr Tempa Bedingphu Dryland None Mr Sherab Bedingphu Dryland None (late) Mr Thinlay Bedingphu Dryland None MrPhuntsho Wangdi Lopokha Dryland Shifting Cult None Mr Chethrim Namgyel Bedingphu Dryland None Mrs Thinley Bedingphu Dryland None Zangmo Mr Karma Bedingphu Dryland None Mrs Sangay Dema Mr Kinzang Rabgye Mr Ugyen Dorji Bedingphu Dryland Shifting Cult None Bedingphu Dryland None Bedingphu Dryland Shifting Cult None 23 Mr Tenzin Dorji Bedingphu Dryland None TOTAL LAND ACQUIRED: 473 ACRE GEWOG: KANGPARA, DUNGKHAG: THRIMSING, DZONGKHAG: TRASHIGANG 1 Mr Thinlay Wangchuk Jhordung Shifting Cult Fallow - None 2 Mr Norbu Shingshu gpa Shifting cult None 3 Mr Sangay Jhordung Shifting None Wangdue Cult 4 Mr Dawa Jhordung Dryland None Choeden 5 Mr Kencho Barhungm Dryland None ani 6 Mr Tsheten Bedingph Dryland None Dorji u 7 Mr Jopa Jhordung Dryland None 8 Mr Pelden Jhordung Dryland Dorji None 9 Mr Norbu Korshing Dryland Fallow - None 10 Mr Khadeki Korshing Dryland Fallow - None 11 Late Chey Jhordung Dryland None Dorji 12 Mr Kinzang Jhordung Dryland Fallow - None TOTAL APs: 101 numbers, TOTAL LAND ACQUIRED: 2826 acre 40 OBJECTIVES, FRAMEWORK AND ENTITLEMENT 41 Objective The purpose of this document is to present a short resettlement plan indicating the extent of losses, the policies and legal framework, provision for compensation and assistance and responsibilities in delivering and monitoring the implementation measures Further, the purpose of this report is to provide a resettlement plan and strategy for the land to be acquired and likely resettlement and rehabilitation of the affected persons, in the proposed feeder road This report mainly explains approaches to be followed in minimizing and mitigating negative community and economic impacts caused by the construction of feeder road The most important element of the Resettlement Plan is to make sure that the affected persons are compensated well before the construction of the feeder road and to be provided with rehabilitation measures to improve or maintain their pre-project livelihood 12

15 42 ADB Policy on Involuntary Resettlement The ADB s policy guidelines on displacement and compensation are described in the Policy on Involuntary Resettlement (1995) and in the Handbook on Resettlement (1998) The aim and objective of the ADB Policy on Involuntary Resettlement is to minimize or avoid the impacts created on people households, business and others affected by the land acquisition required by the project The ADB s main policy guidelines are summarized below: Involuntary Resettlement (IR) should be avoided or reduced as much as possible by reviewing alternatives to the Project; Where IR is unavoidable, AP should be assisted to re-establish themselves and improve their quality of life; Gender equality and equity should be ensured and adhered to; AP should be fully involved in the selection of relocation sites, livelihood compensation and development options at the earliest opportunity RP should also be prepared in full consultation with APs, including disclosure of RP and project related information; Replacement land should be an option for compensation in the case of loss of land; in the absence of replacement land, cash-for- land compensation should be an option available to each AP; Compensation for loss of land, structures, other assets and income should be based on full replacement cost and should be paid promptly This should include transaction costs; All compensation payments and related activities should be completed prior to the commencement of civil works; RP should be planned and implemented with full participation of local authorities; In the event of necessary relocation, APs should be assisted to integrate into host communities; Common property resources and community/public services should be provided to AP; Resettlement should be planned as a development activity for the AP; AP who do not have documented title to land should receive fair and just treatment; Vulnerable groups (households below the recognized poverty line; disabled, elderly persons or female headed households) should be identified and given appropriate assistance to substantially improve their living standards 43 Bhutanese Legal Framework The primary legal instruments for Land Acquisition and Resettlement in Bhutan are the Land Act (1979 and amended in 1991) and the Land Compensated Rates (1996), which regulate ownership, sales and the compensation payable by the Royal Government when land is required The Land Act provides the acquisition mechanism for land and other property falling under the eminent domain whenever required for a public purpose, that is, for the benefit of the country The Government, based on laid down classification and regulations, will pay compensation for such land ( Land Act, Ka 68 and Land Compensation Rates, 1996) If the family loses land and become endangered, the government will compensate that family as per the law and also will provide substitute land free of cost ( Land Act, Ka 69) The major part of land in the country is Government owned The law indicates five acre as the minimum landholding for a family/household irrespective of its size This is the area considered to be the minimum for a family to live above the given poverty line To be legal, all land holdings must be registered in the Tharm and changes in the Tharm must be carried out according to the laid down Act No individuals are allowed to own more than 250 acre land comprising wetland, dry land, shifting cultivation, pastures lands, private forest land and cash crop gardens (Land Act, Ka 34) The law prohibits normal land sales transactions with family that possesses five or less acre of land (Land Act, Ka 56)- though one member family-titleholder-possessing less than five acre of cultivable land, can sell However, if he/she becomes landless due to this action, he/she will not be eligible for a new grant of land from the Government (Land Act, Ka 56) The law, however, nullifies this latter clause, 13

16 if a titleholder with 1 to 2 acre of land wishes to join the National Work Force (NWF) or the resettlement programme of the Government (Land Act Ka 56) In rural areas only, a family is also entitled to 05 acre for the construction of a house on land registered in their name without paying Annual Land Tax (Land Act Ka 47) 44 Administrative Responsibility for Land Acquisition The Dzongkhag (District) Administration of the RGoB issues notifications to the individual property owners for the acquisition of private land for any public purposes Land is acquired by a Land Acquisition Committee (LAC) instituted for the purpose, consisting of a representative each from the following Ministries Ministry of Finance (MoF) Ministry of Home Affairs (MoHA) Ministry of Agriculture (MoA) Ministry of Works and Human Settlement (MoWHS) The Concerned Municipality The DoR, (MoWHS) as the project proponent, is fully responsible for the implementation of the social safeguard measures proposed in this document as well as for making payment for compensation The DoR is mandated to send cheques to the respective Dzongkhags for disbursement of the compensation to affected persons in the given Dzongkhags The latter, on its part, then makes cash payment to the affected persons 45 Comparison of RGoB and ADB policy Table 13: Comparisons of RGoB and ADB Policies Bhutan Land Act and Land Compensation ADB Policy Rates Rural Areas Substitute land will usually be found Replacement land or full replacement value cash compensation according to owner s choice Cash compensation will be Nu 35,00000 per Full value cash compensation might be about 10% acre for wet land and Nu 20,00000 for an acre higher than government rates of dry land No compensation will be made if the land is not Compensation required for all occupiers registered in the Tharm No compensation will be entertained for illegal or temporary structures Full compensation for illegal or temporary structures 46 ADB Requirements on Compensation for Land Acquisition and Resettlement The ADB s Policy on displacement and compensation is described in the Policy on Involuntary Resettlement (1995) and in the Handbook on Resettlement (1998) It is important to note that ADB policy covers all categories of Affected Persons (APs) and requires the implementing agency (viz the DoR) to pay for all land and all other assets affected by the project and to implement measures for income restoration The Bank recognizes that Land Compensation and Resettlement Policies vary widely among its member countries and that each has its own framework for land acquisition In most countries, this framework defines procedures for land expropriation and for compensation When comparing these policies to those of the ADB, it is important to note that the ADB policy: does not distinguish between those who do and do not have formal legal title to their assets and emphasizes the need for replacement costs for lost assets, but also measures to restore living standards and livelihoods so that people are not disadvantaged by resettlement The ADB Handbook on Resettlement specifically notes the need to review: land compensation practices vis-à-vis replacement costs; compensation for structures, businesses or commercial premises and other immovable assets; compensation for crops and trees; assistance for impact on employment and incomes, including income restoration; 14

17 provisions for land and other income generating resources; house plots at resettlement sites and house building assistance; social services, amenities, transfer costs and subsistence allowances to allow re-establishment; and group specific income restoration plans, where appropriate 47 The Entitlement Matrix as agreed by both ADB and Borrower Table 14: Entitlement Matrix Type of Loss Application Definition of APs Entitlement Responsibility Remarks 1Agricultural land by titled owners (private property) Land on the project right of way (ROW) Titleholders Land-for-Land Compensation at replacement cost Dzongkhag, DoR and Agriculture Department 1 The difference between the compensation determined by the Dzongkhag and the replacement value determined by the Block Development Committees will be paid as a productive asset grant in kind by the project 2 If a portion from the total land holding of the individual is acquired by the project, the following options will be given: The AP keeps the remaining land and the compensation and assistance is paid to the AP for the land to be acquired If the AP is from a vulnerable 1 category, compensation for the entire land is by means of landfor-land if preferred by the AP, provided that land of equal or better productivity is available Land for land or cash compensation In case of developed land being acquired and substituted by an undeveloped land, the owner in such cases shall be compensated with half the cost land for land development purpose In case the owner is endangered of becoming landless, the affected owner will be compensated the cost of land as per the Land Compensation Rates as well as substitute land free of cost 2 Homestead and commercial land (private property) Land on ROW Titleholders Compensation at replacement cost Dzongkhag and DoR Cash compensation as per Land Compensation Rates approved by the National Assembly and any revision thereof The difference in the replacement value will be covered by assistance in kind by DoR 3 Residential and commercial structures by owners (private property) Structure within the ROW Owners of structures Compensation at replacement cost Dzongkhag and DoR 1 Cash compensation to be paid by the Dzongkhag 2 The amount of depreciation deducted by the Dzongkhag will be covered by way of assistance in kind by DoR 3 DoR will help in shifting and in rebuilding the structures of the owners 4 Tenant residential Affected by ROW Tenant Compensation Dzongkhag and DoR 1 The amount of deposit/advance paid to the landlord or the remaining amount at the time of acquisition (to be deducted from the payment to the landlord) is to be based on Tenancy Act of RGoB The tenant has the right to salvage material from the demolished structure 3 DoR will assist in shifting and in rebuilding the structures of the tenant 1 households below the recognised poverty line; disabled, elderly persons or female headed households 15

18 Type of Loss Application Definition of APs Entitlement Responsibility Remarks 5 Tenant - commercial Affected by ROW Tenant Compensation Dzongkhag and DoR 1 The amount of deposit/advance paid to the landlord or the remaining amount at the time of acquisition (to be deducted from the payment to the landlord) is to be based on Tenancy Act of RGoB The tenant has the right to salvage material from the demolished structure 3 DoR will assist in shifting and in rebuilding the structures of the tenant 6 Income from business or land through wages and other employment Households affected by ROW Individual Lump sum DoR 1 Persons directly affected by project will be given priority by DoR to reemploy during the implementation of project 2 One time economic rehabilitation grant (in the form of 3 months wages) for vulnerable groups per household 7 Annual / seasonal crops Households affected by ROW Household Notice to harvest standing crops Dzongkhag, DoR and Agriculture Department Compensation for lost crop will be paid as per the Land Compensation Rate The difference between the Land Compensation Rate and the market price for lost crop will be covered by providing free seeds and seedlings 8 Perennial cash crops Households affected by ROW Household Compensation following Govt procedures Dzongkhag, DoR, Agriculture Dept Compensation for tree cash crops will be based on Land Compensation Rate and the existing procedure of the Ministry of Agriculture which supports the compensation in cash for lost of income from the cash crops 9 Encroachers Households affected by ROW Household No compensation for land; assistance to vulnerable households Dzongkhag and DoR One time economic rehabilitation grant (in the form of 3 months wages) for vulnerable encroachers (eg, households below the poverty line) will be assisted 10 Structures by squatters and informal settlers Households affected by ROW Household No compensation for land; compensation for structure at replacement cost and other assistance Dzongkhag and DoR 1 The squatter has the right to salvage material from the demolished structure 2 DoR will assist in shifting and in rebuilding the structures for the squatters 3 One time economic rehabilitation grant (in the form of 3 months wages) for vulnerable groups per household 11 Primary source of income Households affected by ROW Individual Assistance for income restoration Dzongkhag and DoR 1 One time economic rehabilitation grant (in the form of 3 months wages) for vulnerable groups per household 2 Preferential employment in the project, especially for women and the poor 12 Community infrastructure and amenities Affected by ROW Community Replacement Dzonkhag and DoR 1 Cultural properties will be conserved by special measures such as relocation, replacement in consultation with the community 2 Compensatory afforestation will replace loss of trees 13 Other impacts not identified Households affected by ROW Individual Additional assistance Dzongkhag and DoR Unforeseen impacts will be documented and mitigated based on the principles agreed upon in this policy framework 50 GENDER IMPACT AND MITIGATIVE MEASURES 51 Identification of Socio-economic condition, Needs and Priorities of Women Brekha: The settlement pattern of Brekha gewog is scattered and falls under Khaling gewog There are 60 households and the total number of settlements in village is 224 out of which 5 households are 16

19 female-headed households The average household size is 8 persons per house but actually living in the households are in an average only 4 persons, which includes elderly and mostly minors The villages under Khaling gewog are supplied with electricity The roofing of the houses is 60% wooden and bamboo thatch and 40% CGI tin sheet Health and Education: There is one primary school, which is about 5 km away from the real settlement The average education level in the village is up-to middle school Apart from education, there is heath care facilities such as an ORC (Out reached Clinic) facility provided by health division in which sick people can be attended once a week or month by the health workers With regards to drinking water, the villagers have been facilitated with drinking tap water located just about 10 meters from their houses In contrary to this available facility, there are no public drainage systems or any toilets Ninety percent of the villagers occupation is related to agriculture production followed by 5% trade/shop keeping and 5% in government The main cash crops are chilies and vegetables The types of vegetables being sold are cabbages, beans, peas and radish The average size of land owned per family is 30 acre and maize is leveled top ranking followed by chilies The vegetables are being sold in Wamrong town, which is located about 2 hours from the center of the villages The mode of transportation is either back- load or on horse back Thrimsing: The settlement pattern of Thrimsing village is scattered and falls under Thrimsing gewog There are 85 households and the total number of settlements in village is 680 out of which 10 households are female-headed households The average household size is 8 persons per house but about four members from each household s are not living in the villages Many are working in various private sectors as in construction sites as labourers and goes back to their villages very occasionally The villages under Thrimsing gewog are supplied with electricity Health and Education: There is one primary school which is about 3 km away from the real settlement The average education level in the village is up-to primary school Apart from education, there is heath care facilities such as an ORC facility provided by health division in which sick people can be attended once a week or month by the health workers With regards to drinking water, the villagers have been facilitated with drinking tap water located just about 10 meters from their houses In contrary to this available facility, there are no public drainage systems or any toilets Socio-economic Activity: Eighty five percent of the villagers occupation is related to agriculture production followed by 15% employed in trade/government The only major cash crop is chili and it is being sold locally in Fakparey town (Thrimsing) and in more distant town of Samdrup-jongkhar The mode of transportation is either back-load or on horse back The types of vegetables being sold are cabbages, beans, peas and radish The average size of land owned per family is 40 acre and in terms of cereal, maize is leveled top ranking Kangpara: The settlement pattern of Kangpara village is scattered and falls under Kangpara gewog There are 447 households and the total number of settlements in village is 4300 persons out of which 16 households are female-headed households The average household size is 5 persons per house according to census record The villages under Kangpara gewog are not supplied with electricity but installation of electricity poles is on going Health and Education: There is one primary school, which is located very near to the real settlement The average education level in the village is up-to middle school Apart from education, there are heath care facilities such as BHU provided by health division in which sick people can be attended any time of the day 17

20 With regards to drinking water, the villagers have been facilitated with drinking tap water located just about 10 meters from their houses In contrary to this available facility, there are no public drainage systems or any toilets Socio-economic Activity: Eighty percent of the villagers occupation is related to agriculture production followed by 10% engaged in trade/shop keeping and 10% employed in government The only major cash crop is chilies and it is being sold locally in Fakparey town (Thrimsing) and in more distant town of Samdrup-jongkhar The mode of transportation is either back-load or on horseback up-to Thrimsing and thereafter by truck to Samdrup-jongkhar The types of vegetables being sold locally are cabbages, beans, peas and radish The average size of land owned per family is 25 acre and upland rice is a major cereal crop being grown by the villagers Apart from all these, there is one cottage industry located not far from proper Kangpara village wherein they sell bamboo related items 52 Women activities Women are involved in agriculture activities mainly, transplanting upland paddy, weeding and harvesting Women are also equally involved in tending cattle s Apart from these activities, women are also involved in vegetable and chili cultivation and their marketing Purchasing of need base household items are also being carried out by women Since 50% of the households are being headed by women, it is assumed that the decision makers pertaining to household s activities are equal or more by women 53 Mitigation measures The affected households will be compensated land for land, this may result in some substitute lands not being productive Therefore, the government will compensate by not only by providing substitute land but also half the value of land in cash to enable the affected person to restore their livelihood by converting the substitute land into productive land As stated in the entitlement matrix, assistance to be provided by the DoR includes distribution of free seedlings to the affected persons The women headed households will be provided with economic rehabilitation grant, according to the entitlement framework As a result of this, women in particular may not be adversely affected or disadvantaged 60 INFORMATION DISSEMINATION, CONSULTATION, PARTICIPATORY APPROACH AND DISCLOSURE REQUIREMENTS 61 Consultation The primary stakeholders of the project have been identified as those residing in and around the vicinity of the proposed feeder road Apart from the APs, the other stakeholders identified are; MoWHS (DoR), MoA, (Land and Survey Division) and Dzongkhag Administration (DAO, FO, Land Record Officer, Gup, Mangiap, Village Headmen) Focus group discussions were conducted with the stakeholders at village Brekha, Thrimsing and Bedingphu There were 20 participants in Brekha village comprised of 14 males and 6 females Similarly, in Thrimsing village, there were 21 participants out of which 13 males and 8 females present, while 23 participants comprising of 19 males and 4 females were present in Bedingphu village, The primary stakeholders identified are those benefiting from the project consist of those people residing in and around the vicinity of the proposed feeder road Apart from the APs, the other stakeholders are identified as; MoWHS (DoR), MoA (Land and Survey Division), Dzongkhag Administration (DAO, FO, Land Record Officer, Gup, Mangiap, Village Headmen) During the discussion the affected persons reported that the road will have an overall positive impact The details of the discussion are given in (Refer Tables 11, 12 & 13 in Annex I) The broad outcomes of the discussion were as follows: - Provide quicker and better access to the market-help transport agricultural products to the market, mainly potatoes, and for the purchase of household provisions; - Provide relief from burden of physically carrying goods back and forth; - Provide quicker access to medical facilities, and help save lives; - Provide employment; - People will loose their lands which is a source of living; 18