Greater Mekong Subregion Southern Economic Corridor Towns ... · (South Earth Canal 2,277m Trapezoidal Earth Canal - Additional Scope) Prepared by the Ministry of Public Works and

Resettlement Plan

Project Number: 43319-033 Loan 2983-CAM (SF), Loan 8265-CAM (SCF) Grant 0334-CAM (UEIF), Grant 0335-CAM (SCF) July 2019

CAM: Greater Mekong Subregion Southern

Economic Corridor Towns Development Project

Battambang Wastewater Treatment Subproject: Storm Drainage

(South Earth Canal 2,277m Trapezoidal Earth Canal - Additional

Scope)

Prepared by the Ministry of Public Works and Transport 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 on ADB’s 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.

Resettlement Plan

CAM: GMS Southern Economic Corridor

Towns Development Project

Battambang Storm Drainage Subproject

South Earth Canal, 2 277m trapezoidal earth canal (additional scope of the Subproject)

JULY 2019

TABLE OF CONTENTS

EXECUTIVE SUMMARY ....................................................................................................... iv

A. Project Description ................................................................................................................. iv B. Subproject Description ........................................................................................................... iv

C. Summary of Land Acquisition and Resettlement (LAR) Impact ............................................... iv D. Socio-Economic Information and Profile .................................................................................v

E. Information Disclosure, Consultation and Participation ..........................................................v F. Grievance Redress Mechanism (GRM) .....................................................................................v

G. Legal Framework .................................................................................................................... vi H. Entitlement, Assistance and Benefits ..................................................................................... vi

I. Resettlement Budget .............................................................................................................. vi J. Institutional Arrangements ................................................................................................... vii K. Implementation Schedule...................................................................................................... vii

L. Monitoring and Reporting ..................................................................................................... vii

I. DESCRIPTION OF THE PROJECT AND SUBPROJECT ........................................................ 1

A. Project Overview .................................................................................................................... 1 B. Subproject Description ........................................................................................................... 1 C. Existing Site and Detailed Engineering Design ........................................................................ 2

II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT (LAR) ............................................ 4

A. Detailed Measurement Survey and Socio-Economic Survey Methodology ............................. 4 B. Summary of LAR Impacts ........................................................................................................ 4

1. Total Affected Land, Affected Structures, Affected Households (AHs) and Affected Persons

(APs) 4

2. Impact on Structures ................................................................................................................ 5 3. Impact on Crops and Trees ...................................................................................................... 5

4. Impact on Livelihoods .............................................................................................................. 6 5. Impact on Vulnerable Groups .................................................................................................. 6 6. Indigenous Peoples/ Ethnic Minorities .................................................................................... 6

III. SOCIO-ECONOMIC INFORMATION AND PROFILE ...................................................... 7

A. Profile of AH Respondents ...................................................................................................... 7

1. Gender and Civil Status of AH Respondents ............................................................................ 7 2. Age of AH Respondents ........................................................................................................... 7 3. Employment and Income Sources ........................................................................................... 7

B. Profile of Affected Persons (APs) ............................................................................................ 8 1. Total Affected Persons, Gender, Age and AH Size ................................................................... 8

2. Affected Persons' Work Engagement by Gender .................................................................... 8 C. Household Income and Expenditures ..................................................................................... 9

IV. INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION ....................... 10

A. Public Consultation and Participation ................................................................................... 10 B. Planned Consultation and Information Disclosure during RP Implementation ..................... 10

C. Information Disclosure ......................................................................................................... 11

V. GRIEVANCE REDRESS MECHANISH (GRM) .................................................................. 11

D. Stages in the GRM Process ................................................................................................... 11

VI. LEGAL FRAMEWORK .............................................................................................. 13

A. National Legal and Regulatory Framework on Land Acquisition and Resettlement .............. 13 B. Other Relevant Policies ........................................................................................................ 15

C. ADB Safeguard Policy Statement (SPS, 2009) ................................................................... 16 D. Mainstreaming of Gender Concerns ..................................................................................... 17 E. Reconciliation of Government and ADB Policy on Resettlement ....................................... 18

VII. ENTITLEMENTS, ASSISTANCE AND BENEFITS .......................................................... 20

A. Project Policies and Principles .............................................................................................. 20 B. Principles for Valuation ........................................................................................................ 21 C. Cut–off Date for Eligibility .................................................................................................... 21

D. Determining Replacement Cost ............................................................................................ 22

VIII. RP BUDGET ............................................................................................................ 23

A. Resettlement Budget .......................................................................................................... 23

IX. INSTITUTIONAL ARRANGEMENTS .......................................................................... 24

A. Executing Agency .................................................................................................................. 24 B. Project Management Unit .................................................................................................... 25

C. Inter-Ministerial Resettlement Committee (IRC) .................................................................. 25 D. General Department of Resettlement .................................................................................. 25

E. IRC-Working Group (IRC-WG) ............................................................................................... 26 F. Provincial Resettlement Sub-Committee (PRSC) ................................................................... 26

G. PRSC Working Group (PRSC-WG) .......................................................................................... 27 H. Project Implementation Support Capacity Development (PISCD) Consultants ..................... 27

X. IMPLEMENTATION SCHEDULE ................................................................................... 29

A. Implementation Schedule of RP ........................................................................................... 29

XI. MONITORING AND REPORTING ............................................................................. 30

A. Internal Monitoring .............................................................................................................. 30 B. External Monitoring.............................................................................................................. 30

APPENDICES Appendix A. Replacement Cost Study for Battambang ............................................................ 31 Appendix B: Public Information Booklet .................................................................................... 38 B.1 English version .................................................................................................................... 38 B.1 Khmer version ...................................................................................................................... 44 Appendix C. Minutes of public consultation .............................................................................. 50 Appendix D. Public Consultation List of Participants ................................................................ 52 Appendix E. Organization Chart on Institutional Arrangements................................................ 54

TABLES Table 2-1: Summary of Impacts ................................................................................................... 5 Table 2-2: Affected Secondary Structures ................................................................................... 5 Table 2-3: Summary of Impact on Trees ..................................................................................... 5 Table 3-1: Civil Status of Respondents ....................................................................................... 7 Table 3-2: Age of AH Respondents ............................................................................................. 7 Table 3-3: Occupation of AH Respondents ................................................................................. 8 Table 3-4: Total Affected Persons by Gender ............................................................................. 8 Table 3-5: Age of Affected Persons by Gender ........................................................................... 8 Table 3-6: Work Engagement of Affected Persons ..................................................................... 9 Table 3-7: Monthly Income of Affected Households ................................................................... 9 Table 3-8: Monthly Expenditures of Affected Households .......................................................... 9 Table 6-1: Road and Railway ROW Dimensions ...................................................................... 15 Table 6-2: GAPs between the RGC Laws and ADB Policies and Project Principles ................ 18 Table 7-1: Entitlement Matrix ..................................................................................................... 22 Table 8-1: Resettlement Budget –Additional component: South Earth Canal 2,277m Section,

Battambang Storm Drainage of WWT Subproject .............................................................. 23 Table 9-1: Composition of IRC-WG for WWT Storm Drainage Subproject .............................. 26 Table 9-2: Composition of PRSC for WWT Storm Drainage Subproject .................................. 26 Table 9-3: Composition of PRSC-WG for WWT Storm Drainage Subproject .......................... 27 Table 10-1: Resettlement Plan Implementation Schedule ........................................................ 29

FIGURES Figure 1. Map of the Battambang Storm Drainage Component of Wastewater Treatment

Subproject .............................................................................................................................. 2 Figure 2. Location of South Earth Canal from PK0+750 to PK0+3027....................................... 3 Figure 3. Cross Section Trapezoidal Earth Canal ....................................................................... 3

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CURRENCY EQUIVALENTS

Currency Unit = riel (KHR) KHR1.00 = 0.0002469 USD1.00 = KHR 4050.1634

ABBREVIATIONS

ADB - Asian Development Bank AHs - Affected Households CARM - Cambodia Resident Mission COI - Corridor of Impact DED - Detailed Engineering Design DDR - Due Diligence Report DIMDM - Department of Internal Monitoring and Data Management DMS - Detailed Measurement Survey DPs - Displaced Persons EA - Executing Agency EM - Ethnic Minority EMP - Environmental Management Plan FHH - Female Headed Household GDR - General Department of Resettlement GRC - Grievance Resettlement Committee GRM - Grievance Redress Mechanism HHs - Households LAR - Land Acquisition and Involuntary Resettlement LAR SOP - Land Acquisition and Involuntary Resettlement Standard Operating Procedures IOL - Inventory of Losses IRC - Inter-Ministerial Resettlement Committee MPWT - Ministry of Public Works and Transport MRF - Materials Recovery Facility NGO - Non-government organization PDPWT - Provincial Department of Public Works and Transport PIB - Project Information Booklet PISCD - Project Implementation Support Capacity Development PIU - Project Implementing Unit PMU - Project Management Unit PPTA - Project Preparation Technical Assistance PRSC - Provincial Resettlement Sub-Committee RCS - Replacement Cost Study RGC - Royal Government of Cambodia ROW - Right of Way URP - Updated Resettlement Plan SECTDP - Southern Economic Corridor Towns Development Project SES - Socio-Economic Survey SPS - Safeguard Policy Statement USD - United States Dollar

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GLOSSARY

Affected Household (AH) Affected Persons

- -

In the case of affected households, it includes all displaced persons residing under one roof and operating as a single economic unit, who are adversely affected by a project or any of its components.

In the context of involuntary resettlement, affected persons are those who are physically displaced (relocation, loss of residential land, or loss of shelter) and/or economically displaced (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (I) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. (ADB SPS 2009)

Cut-off Date for Eligibility

- This refers to the date after which people will not be eligible for compensation or assistance. Those persons occupying or using the project prior to the identified date are eligible to be categorized as AHs and to receive compensation and/or assistance. Persons not covered in the census are not eligible for compensation and other entitlements unless they can show proof that (I) they have been inadvertently missed out during the census and the inventory of losses (IOL); or (ii) they have lawfully acquired the affected assets subsequent to the completion of the census and the IOL and before the conduct of the detailed measurement survey (DMS).

Detailed Measurement Survey (DMS)

- With the aid of the approved detailed engineering design, this activity involves the finalization and/or validation of the results of the IOL, severity of impacts, and list of AHs conducted during the project’s feasibility studies. The final cost of resettlement for the subproject will be determined following completion of the DMS.

Displaced Persons - physically displaced (relocation, loss of residential land, or loss of shelter) and/or economically affected (loss of land, assets, access to assets, income sources, or means of livelihood) as a result of (I) involuntary acquisition of land; and/ or (ii) involuntary restrictions on land use or on access to common property resources, legally designated parks and protected areas.

Entitlement - Resettlement entitlements with respect to a particular eligibility category are the sum total of compensation and other forms of assistance provided to displaced persons in the respective eligibility category. It comprises compensation, income restoration support, transfer assistance, income substitution, relocation support, etc.

Income Restoration

- This is the re-establishment of productive livelihood of the displaced persons to enable income generation equal to or, if possible, better than that earned by the displaced persons before the resettlement.

Involuntary Resettlement

- This involves the displacement of people from their land, homes, assets, sources of income and employment on account of the project. Involuntary resettlement in the context of the present project is extremely unlikely.

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Land Acquisition - Refers to the process whereby an individual, household, firm or private institution is compelled by a public agency to alienate all or part of the landed owns or possesses to the ownership and possession of that agency for public purposes in return for compensation at replacement costs.

Severely Affected Households

- Refers to AHs who will (i) lose 10% or more of their productive land and/or assets and (ii) have to relocate.

Relocation - This is the physical relocation of a displaced person from her/his pre-project place of residence and/or business to another location.

Replacement Cost - Replacement cost involves replacing an asset at a cost prevailing at the time of its acquisition. This includes fair market value, transaction costs, interest accrued, transitional and restoration costs, and other applicable payments, if any. Where there are no active market conditions, replacement cost is equivalent to delivered cost of all building materials, labor cost for construction, and any transaction or relocation cost. In applying this method of valuation, depreciation of structures and assets should not be taken into account.

Replacement Cost

Study

- This refers to the process involved in determining replacement costs of affected land and assets based on empirical data.

Resettlement Plan - This is a time-bound action plan with budget, setting out the resettlement objectives and strategies, entitlements, activities and responsibilities, resettlement monitoring and resettlement evaluation.

Vulnerable Group - These are distinct groups of displaced persons who are likely to be more adversely affected than others and who are likely to have limited ability to re-establish their livelihoods or improve their status and specifically include: (i) households falling under the Cambodia’s national poverty line, (ii) female headed households with dependents, living below the national poverty line, (iii) disabled household heads with no other means of support, (iv) elderly households, with no other means of support, (v) landless living below the national poverty line, and (vi) indigenous people or ethnic minorities.

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EXECUTIVE SUMMARY

A. Project Description

1. The Southern Economic Corridor Towns Development Project (SECTDP) will enhance the competitiveness of towns along the Southern Economic Corridor (SEC). The project will transform the corridor towns of Battambang, Bavet, Neak Loeung, and Poipet in Cambodia into economic hubs by improving urban-environmental infrastructure and strengthening institutional capacities of provincial and local authorities. The project will finance 10 subprojects in these towns.

2. This Project is Phase one of a long-term engagement in towns of the GMS economic corridors and is concurrent with the strategic framework of the Greater Mekong Sub Region Economic Cooperation Program 2012-2022, which was approved by the 4th GMS Summit on 19-20 December 2011 in Nya Pi Taw, Myanmar. It is also in line with the Cambodia Country Partnership Strategy (CPS) and supports the ADB Urban Operational Plan (2012-2020) (UOP) which addresses the environmental (green), equity (inclusiveness), and economic (competitiveness) issues, and sets out future direction toward efficient, sustainable, and equitable development of cities.

3. The SECTDP as covers four towns and 10 subprojects. Eight (8) of these subprojects have been prioritized for implementation, and two (2) subprojects will be implemented in Battambang which include:

i. Wastewater Treatment (Urban Storm Drainage)

ii. Material Recovery Facility

B. Subproject Description

4. Battambang Drainage System (CW-06) entails construction of a storm drainage system at East side of the town, located at Rattanak and Preak Preah Sdach Communes. Total length of the Storm Drain is approximately 13.50 Km, consisting of Pipe culvert diameter from 400mm to 1,500 mm and box culvert sizes from 1.75 m with x 1.50 m depth to 2.25 m with x 1.75 m depth, catch basin, manholes etc. The designed storm drain is to be laid along unimproved large walkway road to minimize the impact and reduce the construction cost.

5. Additional scope for South Earth Canal in BTB: This new scope for storm drainage is proposed with the total length of 3,027 meters to connect the southern drainage to the northern part of the storm drain constructed under CW-06, to sufficiently discharge water out of the Battambang town. The canal is of critical importance during the rainy season as it will channel out the stormwater collected in the southern part of the town thereby preventing waterlogging and flooding. A separate Due Diligence (DD) has been prepared for the first 750-m section of the Canal with no involuntary resettlement impacts. This Resettlement Plan (RP) is for the second 2,277-m section of the subproject component.

C. Summary of Land Acquisition and Resettlement (LAR) Impact

6. A total of 11 households (HHs) with an average household size of 4.0 persons and 44 affected persons (APs) will be affected by the construction of the second section of the South Earth Canal. Only secondary structures, crops and trees will be affected by the project. Totally 10 secondary structures of 3 AHs will be affected, and 46 trees of different type belonging to 9 AHs will be affected. Two AHs will lose totally 1,550 m2 (0.155 ha) paddy land, which is located within the established ROW and the AHs are therefore illegally encroaching public land.

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D. Socio-Economic Information and Profile

7. A total of 11 AHs representing 100% of total AHs were interviewed as SES respondents. They were household heads and wives to household heads. There were 10 male AHs’ heads and 1 female. 9 of the respondents were married and the rest 2 were widows/widowers. It appears from the over-all data on age of the respondents that majority is in the economically productive age and engaged in various types of employment. As to the types of occupation, majority of the respondents are engaged in farming, followed by trading and working at home/ being retired.

8. According to the SES data, there are 44 APs, the average AH size is 4.0 persons, and there are slightly more females than males among the APs. More than half of the APs are in an economically productive age of 17–65 years, about 30% are children 0–16 years, and the rest are elder persons over 65 years. 2/3 of the APs are working, most of them full time.

9. In terms of monthly income, majority of the AHs have a household monthly income over 200 USD, and almost half the AHs have an income of more than 400 USD per month. There are no poverty AHs, but one AH has a low monthly HH income of under 100USD. Recorded data on AHs expenses shows that one AH has an expenditure level under 100 USD, all the other AHs reported 150 USD or higher per month. More than half the AHs reported an expenditure level of over 350 USD per month. There are no vulnerable HHs among the 11 AHs.

E. Information Disclosure, Consultation and Participation

10. The first public consultation took place 5. June 2018 in a meeting along the entire planned distance of 3.027km of the South Earth Canal to inform local authorities and residents of the planned subproject component.

11. For the 2,277-meter-long section of the canal, another public consultation meeting was arranged in Beng Village on 10. May 2019 with totally nine (9) villagers living along the road with the canal, Beng Village head, Sangkae District Governor and a District officer, and with two IRC-WG staff. All the meeting participants were male, except for one female villager. The Project Information Booklet was distributed to the participants, and villagers’ questions were answered by GDR representatives and the local authorities.

F. Grievance Redress Mechanism (GRM)

12. A well-defined grievance redress and resolution mechanism has been established for the subproject to address APs’ grievances and complaints regarding land acquisition, compensation and resettlement in a timely and satisfactory manner. The APs have received information of their rights and of the procedures for filing grievances and an appeal process on the public consultation meeting conducted by the IRC working group with the APs on 5. June, 2018 in Anlong Vil commune and 10. May 2019 in Beng Village, and also during the DMS/SES that took place after the consultation 10–12 May 2019. The GRM, the GRC’s address and contact numbers were also included as part of the updated PIB discussed with the APs. Hard copies of the updated PIB were distributed to the APs during the public consultation in May 2019.

13. The handling of GRM and the procedures will follow the 3-stage process outlined in the updated subproject RP and will also apply to the South Earth Canal component. The three-stage process will start at village or commune level and end at provincial level. At provincial level grievance redress committee (PGRC) was established on 4 June, 2013 in Battambang Province to handle grievances for the all subprojects. All costs involved in resolving the complaints (e.g. meetings, consultations, communication and reporting/information dissemination) of the Grievance Committee will be borne by Battambang Province but cost for court litigation is shouldered by the complainant AH/AP.

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G. Legal Framework

14. This RP addresses land acquisition and resettlement for the SECTDP, consistent with ADB’s Safeguard Policy Statement (June 2009) and relevant laws and regulations of the RGC, notably the 1993 Constitution, the 2001 Land Law, 2010 Expropriation Law, and Prakas (Government Order) No. 6, dated 27 September 1999. The LARP also includes the provisions of Sub-Decree ANK/BK No 22 approved on 22 February 2018 on RGC’s SOP for Land Acquisition and Involuntary Resettlement for Externally Financed Projects that sets out the policies, regulations and procedures for land acquisition and involuntary resettlement (LAR) in projects that are financed by Development Partners (DPs). The SOP provides for the use of DPs Safeguard Policy and for gap-filling measures where the provisions of the SOP conflict with the DPs mandatory safeguard requirements.

H. Entitlement, Assistance and Benefits

15. To achieve the RP objectives, the project will adhere to the policies and principles set forth in the RP where compensation will be based on the principle of replacement cost. Replacement cost is the amount calculated before displacement which is needed to replace an affected asset without deduction for taxes and/or costs of transaction as follows:

a) Houses and other structures based on actual current market prices, as per agreed RCS, of materials and labor without depreciation or deduction for salvaged building materials.

b) Annual crops equivalent to current market value of crops as per agreed RCS.

c) Fruit and timber trees equivalent to current market price based on productive ages as per agreed RCS.

16. The replacement cost study (RCS) was conducted by an independent firm, Research for Development Cambodia (REDECAM) Group hired by GDR. The resettlement cost study (RCS) is based on the market prices and values of affected structures and their materials, costs of fruit and timber trees based on their productive ages and prevailing cost of rice crop per square meter of agricultural land in May-June 2018. RCS results formed the bases for establishing compensation for affected assets (secondary structures, trees and rice crop) at full replacement cost which are sufficient for AHs/APs to acquire or purchase replacements for assets lost to the project, without deductions for taxes, and other transaction costs.

17. The subproject entitlements have been defined in accordance with the impacts identified based on the results of the DMS and socio-economic survey (SES). The eligibility on entitlements applies to all AHs by the subproject which is categorized in the Entitlement Matrix for the South Earth Canal component of the subproject.

I. Resettlement Budget

18. The resettlement cost has been estimated based on results of the DMS and the RCS at full replacement cost. The cost for all compensation under the Storm Drainage South Earth Canal Section II of the Wastewater Treatment Subproject will be financed from the national budget and no financing will be required from the ADB loans and grants. The resettlement budget is estimated USD 9,727.44, which includes: (i) USD 7,205.50 as direct cost of

compensation for secondary structures, crops and trees; (ii) external monitoring and internal monitoring reports cost of five percent (5%) of the direct cost equal to USD 360.28; (iii) administrative cost of fifteen percent (15%) the direct cost equal to USD 1,080.83 and (iv) contingency cost of fifteen percent (15%)of the direct cost equal to USD 1,080.83.

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J. Institutional Arrangements

19. The Ministry of Public Works and Transport (MPWT) is the executing agency (EA) for the SECTDP, the General Department of Resettlement (GDR) is the lead agency directly responsible for all LAR activities, and the Provincial Department of Public Works and Transport is the implementing agency for the subproject civil works. The Department of Resettlement No.2 (DR2) of GDR will implement the LARP assisted by the IRC-WG and

PRSC-WG. The role of MPWT and PMU and Project Implementation Support Capacity Development (PISCD) consultants is minimal and is only related to the compilation of the reporting required for the SECTDP and reporting to GDR of any bottlenecks posed by resettlement during the construction phase of the Wastewater Treatment Subproject.

K. Implementation Schedule

20. All resettlement activities will be coordinated with the civil works schedule. The RP will be implemented after the approval of the RP and the budget. The compensation payments will be carried out for all the 11 AHs within two (2) months. Demolition and shifting back of affected secondary structures of AHs/APs cannot commence until the RP has been reviewed, approved by RGC and ADB and implemented. MPWT will not allow construction activities in affected sites until all resettlement activities have been satisfactorily completed and that the site is free of all encumbrances. However, construction that is confined to the ROW and where there are no AHs, construction can proceed based on agreement between MPWT and ADB. In case of any AH that rejects the compensation package, the construction will commence in the areas where there are no LAR impacts while the complaint is being processed through the GRM. Table 10-1 shows the detailed activities and their schedule in implementing the RP for the construction of the storm drains of the WWT subproject.

L. Monitoring and Reporting

21. Internal Monitoring. The Department of Internal Monitoring and Data Management (DIMDM) of the GDR will undertake regular internal monitoring. The objective of internal monitoring is to (i) measure and report on the progress in the preparation and implementation of the RP; (ii) identify problems and risks, if any and the measures to mitigate them; and (iii) assess if the compensation and rehabilitation assistance are in accordance with the provisions under the URP.

22. The IRC-WG and PRSC-WG will submit monthly progress reports to the DR2. The DR2 will compile the field reports and prepare a consolidated report on the implementation of RP on monthly basis. The report will be submitted to the DIMDM for internal monitoring. The DIMDM will (i) review the monthly progress reports, including fielding its own missions to verify the progress and the validity of the data and information, if deemed necessary; and (ii) compile quarterly monitoring report for submission to the Director General of GDR. After the quarterly monitoring report is endorsed by the GDR, it will be submitted to ADB, where required.

23. External Monitoring. Given that this subproject is classified as category B for involuntary impacts, no separate external monitoring will be required. However, the External Monitoring Organization (EMO) hired for the Project will cover this subproject. The external monitoring reports will include the URP implementation compliance status.

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I. DESCRIPTION OF THE PROJECT AND SUBPROJECT

A. Project Overview

24. The Southern Economic Corridor Towns Development Project (SECTDP) will enhance the competitiveness of towns along the Southern Economic Corridor (SEC). The project will transform the corridor towns of Battambang, Bavet, Neak Loeung, and Poipet in Cambodia into economic hubs by improving urban-environmental infrastructure and strengthening institutional capacities of provincial and local authorities. The project will finance 10 subprojects in these towns.

25. This Project is the Phase one of a long-term engagement in towns of the GMS economic corridors and is concurrent with the strategic framework of the Greater Mekong Sub-Region Economic Cooperation Program 2012-2022, which was approved by the 4th GMS Summit on 19 -20 December 2011 in Nya Pi Taw, Myanmar. The project is also in line with the Cambodia Country Partnership Strategy (CPS) and supports the ADB Urban Operational Plan (UOP) which addresses the environmental (green), equity (inclusiveness), and economic (competitiveness) issues, and sets out future direction toward efficient, sustainable, and equitable development of cities. The Project is classified as category A for involuntary resettlement as one of the subprojects (flood control in Neak Loeung) has significant resettlement impacts and has been classified as IR category “A”.

B. Subproject Description

26. The SECTDP as envisaged covers four towns and 10 subprojects. Eight (8) of these subprojects have been prioritized for implementation, of which two (2) subprojects will be implemented in Battambang. These include:

i. Wastewater Treatment (Storm Drainage)

ii. Material Recovery Facility

27. Battambang Drainage System (CW-06) entails construction of a storm drainage system at East side of the town, located at Rattanak and Preak Preah Sdach Communes. Total length of the Storm Drain is approximately 13.50 Km, consisting of Pipe culvert diameter from 400mm to 1,500 mm and box culvert sizes from 1.75 m with x 1.50 m depth to 2.25 m with x 1.75 m depth, catch basin, manholes etc. The designed storm drain is to be laid along unimproved large walkway road to minimize the impact and reduce the construction cost. The alignment of the storm drain is within the ROW. The project will also construct an open earth canal approximately 3 Km long, pipe culvert and box culvert. A Resettlement Plan (RP) is being finalized for this sub-project, covering the scope of work under CW-06.

28. Additional scope for South earth canal in BTB: This new scope for storm drainage is proposed with the total length of 3,027 meters to connect the southern drainage to the northern part of the storm drain constructed under CW-06, to sufficiently discharge water out of the Battambang town. The canal is of critical importance during the rainy season as it will channel out the stormwater collected in the southern part of the town thereby preventing waterlogging and flooding. MPWT requested prioritize preparation of this additional scope during ADB mission in April-May 2019 to ensure construction of this canal section is finished before the rainy season 2019.

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0 +1 00

0+ 150

0+2 00

0 +2 50

0+ 30 0

0+ 35 0

0+4 00

0 +4 50

0 +5 00

0+000

0+05

0

0+10 0

0+1 50

0 +2 00

0 +2 50

0 +3 00

0+ 35 0

0+ 400

0+4 50

0 +50

0

0+55

0

0 +6

0 0

0 +6 5

0

0+7

00

0+ 7

50

0 +80

0

0+ 850

0+9 00

0+ 95 0

1+0 00

1 +05 0

1+1 00

1+150

1+200

1+207

0+250

0+30

0

0+35

0

0+400

0+421

0+ 000

0 +0 50

0 +10 0

0+1 50

0+2 00

0+2 50

0+ 300

0+ 350

0 +4 00

0+4 50

0+5 00

0+550

0 +60 0

0+ 65 0

0 +70 0

0+7 50

0+ 800

0+ 85 0

0+9 00

0+9 50

1+ 000

1 +05 0

1 +10 0

1+1 50

1+ 200

1 +25 0

1 +30 0

1 +3 50

1+ 400

1+ 450

1+ 500

1 +5 50

1 +6 00

1+6 50

1+ 700

1 +7 50

1+ 800

1+ 850

1 +90 0

1+ 950

2 +00 0

2 +05 0

2+ 100

2 +15 0

2+2 00

2+2 50

2 +300

2+35 0

2+4 00

2+ 450

2+50 0

2+ 550

2+6 00

2+6 50

2+7 50

2+ 800

2 +85 0

3 +00 0

2+9 00

2+ 950

3+0 50

3+1 00

3 +15 0

3+2 50

3 +20 0

3+ 300

3+ 3503+ 40 0

3+ 4 5 0

3+50 0

3+55

03

+5 66

0+ 0

00

0 +0 5

0

0+10

0

0 +1

50

0+20

0

0 +2 5

0

0 +3 0

0

0+3 5

0

0+4 0

0

0 +4 4

8

0+00

0

0+0

50

0+25

0

0+1

00

0+1

50

0+2

00

0+3

50

0+30

0

0+40

0

0 +0

0 0

0+4

50

0+4

90

0+0

50

0+10

0

0 +2

0 0

0 +15

0

0+25

0

0+30

0

0+3

5 0

0+3

96

0+05

0

0+00

0

0+1

50

0+ 1

0 0

0+2

0 0

0+25

0

0+3

0 0

0+3

50

0 +40

0

1+8

00

1 +6 5

0

1 +7 0

0

1+75

0

1+85

0

1+90

0

1 +9 5

0

2+03

2

2+0

00

0+ 000

0+100

0+20 0

0+300

0+400

0+5 00

0 +600

0+700

0+800

0+900

1+000

1+100

1+200

1+300

1+400

1+500

1+600

1+700

1+800

1+900

2+000

2+100

2+200

2+300

2+400

2+500

2+600

2+700

2+800

0+000

0+100

0+ 200

0 +300

0+400

0+50 0

0+60

0

0+7

00

0+80

0

0+90

0

1+00

0

1+10

0

1+200

1+30

0

1+4

00

1+424

1.20 dia.

206 1.50 dia.

224 1.50 dia.

202

1.75X1.50 BC

273

2.0x1.5 BC

533

2.25x1.75 BC

1224

1.20 dia.

3871.50 dia.

105

1.20 dia.

178 1.50 dia.

285

1.75x1.25 BC

297

1.00 dia.

312

1.00 dia.

1401.20 dia.

1771.50 dia.

284

2x1.75 BC

533

North Earth

1.50 dia.378

1.75x1.5 BC

67

1.20 dia.

461

1.20 dia.

400

1.20 dia.

395

1.20 dia.

490

1.00 dia.

268

1.75x1.50 BC

972

0.40 dia.

166

0.40 dia.

270

0.80 dia.

124

2.0x1.50 BC

320

0.80 dia.

208

0.80 dia.

158

L1-1

L1-1

L1-1

L1-1

L2-1

L1-1

L1-1

L1-4

L1-4

L1-4

L1-4

L1-4

L1-4a

L1-3

L1-3

L1-1

L1-1

L1-2

L1-3

L2-1

L2-2

L2-3

L2-4

L2-5

1.50 dia.

487

L2-1

L2-1

L2-1

L2-1

0.40 dia.

208

END OF BC

2.0x1.50 BC

179

L2-1

South Earth Canal

1.75x1.25 BC

504

0.80 dia.

200

0.80 dia.

100

0.80 dia.

200

0.80 dia.140

0.40 dia.

143

0.40 dia.

166

0.40 dia.

110

0.40 dia.

167

0.80 dia.

192

2x1.75 BC

237

END OF BC

N

WASTEWATER TREATMENT

SUB-PROJECR LAYOUT

NTS

A3

-

EXHIBIT 03

MINISTRY OF PUBLIC WORKS AND TRANSPORT

K I N G D O M O F C A M B O D I AREVIEWED

DESIGNED

CHECKED

DRAWN

DATEPROJECT TITLE/LOCATION

GMS: SOUTHERN ECONOMIC

CORRIDOR TOWNS

DEVELOPMENT PROJECT

I N JOINT VENTURE WITH ;

REVISIONS:ENDORSED BY:

H.E. VONG PISITHMPWT / PROJECT DIRECTOR

DATE :

PROJECT IMPLEMENTATION SUPPORT & CAPACITY DEVELOPMENT CONSULTANTS (PISCD)

ADB Loan 2983-CAM (SF)/ 8265-CAM (SF),

Grant No. 0334-CAM (UEIF)/ 0335-CAM (SCF)

SHEET No.:DRAWING No.:KEY CONSULTANTS CAMBODIA CO., LTD.

PAPER SIZE

SCALE

BATTAMBANG, BATTAMBANG PROVINCE, KINGDOM OF CAMBODIA

:

:

:

:

:

SHEET CONTENTS:BATTAMBANG WASTEWATER

TREATMENT SUB-PROJECT

( STORM DRAINAGE SYSTEMS )

G C H

B P F

L L F

May 02, 2018

SOM KOSALCivil Engineer/Deputy Team Leader

May, 2018

REV 2 02/03/18

REV 3 14/05/18

Figure 1. Map of the Battambang Storm Drainage Component of Wastewater Treatment Subproject

Source: PISCD and PMU, MPWT

29. The field visit and due diligence conducted in April–May 2019 along the planned South Earth Canal confirmed that the first, 750-meter long section with construction of a box culvert in the middle of an existing road will not entail any impact on land or assets. Therefore, it was agreed that this section will need to be included into a separate variation order of the existing civil works contract to ensure water evacuation from the southern part of the town during the rainy season. A separate DDR has been prepared for this section.

30. The remaining 2,277-meter section will replace an existing canal running along an existing road, and the COI will remain within the edge of the road. The subproject component will entail impact on land, secondary structures and trees. This RP is prepared as an addendum to the current updated RP of the Battambang Drainage System to address the specific impacts along the 2,277-meter section (Section II) of the South Earth Canal.

C. Existing Site and Detailed Engineering Design

31. Based on the detailed engineering design (DED), the additional works will involve construction of a trapezoidal earth canal. The proposed 2,277-meter long drainage will be constructed along an existing soil road with the width varying from 4 to 6 meters, located in Beng Village, Anglong Vil Commune, Sangkae District. See Figure 2.

32. There is an existing 3-meter wide open canal on the right side of the entire road length within the road right-of-way. The project will entail reconstruction of the existing canal into a trapezoidal earth canal with an upper width of 4.0m and a bottom width of 1.0m. The right boundary of the canal will be 1.0m so the total COI will be 5 meters. See Figure 3.

33. Measures to minimise resettlement impacts. Detailed engineering design (DED) of the subproject was prepared carefully to ensure that resettlement impacts to people and their physical and economic assets are minimized, if not avoided. Measures include the technical approach in the construction of the storm drainage system limiting the construction works within the corridor of impact (COI). The South Canal component technical design entails a

3

new canal replacing an existing one which is running at the edge of an existing road. Therefore impacts will be minimal, limited to civil works construction activities and the widening of the canal.

Figure 2. Location of South Earth Canal from PK0+750 to PK0+3027

Source: Google Earth imagery 2019

Figure 3. Cross Section Trapezoidal Earth Canal

endorsed by PMU March 2019. Source: PISCD and PMU, March 2019

4

II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT (LAR)

A. Detailed Measurement Survey and Socio-Economic Survey Methodology

34. Inter-Ministerial Resettlement Committee Technical Working Group (IRC-WG) conducted the detailed measurement survey (DMS) and the Socio-Economic Survey (SES) on AHs/APs 10–12 May 2019 to determine the potential impacts on land and other physical and economic assets of the AHs/APs. The SES methodology employed was the administration of a survey questionnaire which contained questions on demographic and socio-economic profiles of SES respondents, affected households and household members. There were 11 SES respondents which represented 100% of the AHs.

35. In the onset of the survey activities, Inter-Ministerial Resettlement Committee (IRC)-Working Group (WG) team supported by the Project Implementation Unit (PIU), the Department of Planning at Ministry of Public Works and Transport (MWPT) conducted a public consultation with municipal and commune officials of Anlong Vil commune and villagers (APs) in Beng Village on 10. May 2019.

36. In order to determine the scale of impact on land and other physical assets, the IRC-WG survey team conducted the DMS through a walk-through in the entire stretch of the storm drainage canal within the 5 meters COI. The survey team used a meter stick to measure the areas of affected land and structures, identified the types of materials of affected secondary structures. They likewise identified the types of trees to be impacted and established the productive ages of these.

37. During the course of the survey, the data gathered from the DMS and SES were encoded and processed using Statistical Package for the Social Sciences (SPSS) software generated in tabular format.

B. Summary of LAR Impacts

1. Total Affected Land, Affected Structures, Affected Households (AHs) and Affected Persons (APs)

38. The second 2,277m long section of the South Earth Canal will impact eleven (11) households (AHs) with 44 affected persons (APs), of them 20 male and 24 female. One (1) of the 11 AH heads is female. All the affected people are of Khmer ethnicity and there are no vulnerable households among the AHs. Three (3) AHs will be affected by more than one type of loss.

39. Of the eleven AHs, two (2) will lose totally 1,550 m2 (0.155 ha) paddy land. The land is located within the established ROW and the AHs are illegally encroaching the public land. They are therefore not eligible for compensation for the land but will be compensated for the rice yield for one year.

40. Totally ten (10) secondary structures of three (3) AHs will be affected. Compensation for each type of structure follows the market prices in May-June 2018 as stated in the Replacement Cost Study (RCS) of June 20181.

1 Replacement Cost Study, the Corridor Towns Development Project (CTDP), Battambang, Bavet and Poipet City.

Submitted to General Department of Resettlement (GDR) Inter-Ministerial Resettlement Committee (IRC) by REDECAM Group, Research for Development in Cambodia. June 2018.

5

41. 46 trees of different type belonging to nine (9) AHs will be affected. Compensation for each type of tree will be paid based on the prices in May-June 2018 as stated in the RCS. Table 2-1 summarizes the impacts.

Table 2-1: Summary of Impacts

Type No. of AHs

No. of

affected

units

Total area

(m2)

Total

affected

area in m2

Total

affected

area in LM

Secondary structure 3 10 184.25 133.80

Paddy land 2 - 20,401 1,550.00

Tree 9 46 - -

Total 11 56 20,401

2. Impact on Structures

42. There will be no impacts on main houses or stores. Ten (10) units of nine (9) types of secondary structures will be affected by resettlement. The total affected floor area is 194.25m2

and the total length of the affected structures is 133.80 meters; additionally, two small spirit houses will be affected. See Table 2-2 for details on affected secondary structures.

Table 2-2: Affected Secondary Structures

Structure Unit No. of

Structures Total affected areas

Awning / Extended eave m2 1 62.00

Cement mortar m2 1 76.25

Concrete post with net/barbed wire m2 1 46.00

Zinc wood with wood column m2 1 10.50

Total affected floor area m2 194.75

Pole post with net/barbed wire LM 1 58.00

Manhole (Regear) 100mm LM 1 4.80

Ring culvert 100mm LM 1 65.00

Zinc fence with wood column LM 1 6.00

Total affected length in meters 133.80

Spirit house (small) Count 2 2

Total other structures 2

Total 10

3. Impact on Crops and Trees

43. 1,550 m2 (0.155ha) of rice land located within the ROW is affected. The public land is utilized by two (2) AHs that will lose 7.6% of their total paddy land of 20,401 m2, leaving them with 18,851 m2 (1.89 ha) of land for rice cultivation. They will be compensated with the rice yield market price for one year.

44. Twelve (12) types of fruit bearing and timber trees, a total of 46 trees owned by nine (9) AHs will be cut. These AHs will be compensated at full replacement cost as per the entitlement policy. The affected trees are used for domestic consumption and do not generate income for the AHs. Of the 12 types of trees, 10 are fruit trees with 44 total units whereas timber trees are of 2 types and 2 total units. Table 2-3 shows the types and quantities of affected trees.

Table 2-3: Summary of Impact on Trees

No. Type of tree Unit Quantity

6

1. Banana Bunch 17

2. Coconut Tree 2

3. Custard apple Tree 1

4. Jackfruit Tree 3

5. Phyllanthus Tree 1

6. Jujube Tree 1

7. Ambarella (Makak) Tree 1

8. Mango Tree 9

9. Palm Tree 4

10 Dragon fruit (Sraka Naek) Tree 5

11. Jambolan plum Tree 1

12. Neem tree (Sdao) Tree 1

Total 46

4. Impact on Livelihoods

45. DMS of Section II of the South Earth Canal shows that there will not be any impact on households’ livelihoods.

5. Impact on Vulnerable Groups

46. There are no vulnerable groups among the AHs of Section II of the South Earth Canal. The DMS confirms that there are no landless or poor AHs, no female-headed AHs with dependents, no AHs with elderly HH head without support and no AHs with disabled members.

6. Indigenous Peoples/ Ethnic Minorities

47. The subproject extension component will not affect any Indigenous Peoples or Ethnic Minorities. The results of the DMS show that all the AHs are Khmer.

7

III. SOCIO-ECONOMIC INFORMATION AND PROFILE

48. A socio-economic survey (SES) of 100% of the AHs was conducted simultaneously with the DMS by the IRC-WG as part of the RP preparation process. SES respondents consisted of household heads and wives to HH heads. A questionnaire was used as the survey instrument to collect data on the eleven (11) AHs. The questionnaire contained variables like demographics (age, marital status), employment and gender of respondents, employment status of the affected persons (APs), households’ monthly income and expenditures, vulnerable groups and gender issues in terms of impacts to women among others.

49. The SES results present the baseline information on the socio-economic situation of the households to be affected due to the construction of the South Earth Canal Section II of the Storm Drainage component extension of the Wastewater Treatment Subproject.

A. Profile of AH Respondents

1. Gender and Civil Status of AH Respondents

50. Of the eleven AH respondent six (6, 54.5%) were male and five (5, 45.5%) female. Of the respondents nine (9) are married, one (1) is a widow and one (1) a widower. See Table 3-1 for the civil status of the respondents. Ten (10) of the AH heads are male and one (1) is female.

Table 3-1: Civil Status of Respondents

Commune, Village Married Widow (M) Widower (F) Total

N % N % N % N %

Anlong Vil, Beng 9 81.80 1 9.10 1 9.10 11 100

2. Age of AH Respondents

51. SES data on age of AH respondents indicates an even spread into different age groups. Of the eleven respondents, three (3, 27.27%) each fall into the age group 20-30 years, 31-45 years and 46-65 years of age. Two (2, 18.18%) respondents are older than 65 years. It appears that the respondents mainly belong to the economically productive group. See Table 3-2.

Table 3-2: Age of AH Respondents

Commune, Village

Age in years Total

20–30 31–45 46–65 > 65

N % N % N % N % N %

Anlong Vil, Beng 3 27.27 3 27.27 3 27.27 2 18.18 11 100

3. Employment and Income Sources

52. 45.5% (5 individuals, 2 female, 3 male) of the AH respondents are farmers while 18.2% (2 respondents, 1 male and 1 female) are traders, Further two (2, 18.2%), one male and one female are retired/supported by family, and the rest are one (1) public/private employed female and one (1) male service provider. See Table 3-3 for details.

8

Table 3-3: Occupation of AH Respondents

Occupation Male Female Total

No. % No. % No. %

Children Support/ House Wife/ Retired 1 9.10 1 9.10 2 18.20

Farmer 3 27.30 2 18.20 5 45.50

Private / Public Staff 0 00 1 9.10 1 9.10

Seller 1 9.10 1 9.10 2 18.20

Service Provider 1 9.10 0 00 1 9.10

TOTAL 6 54.50 5 45.50 11 100

B. Profile of Affected Persons (APs)

1. Total Affected Persons, Gender, Age and AH Size

53. In the context of resettlement, affected household members are referred to as Affected Persons (APs). There are totally 44 APs in the 11 AHs, making an average household size of 4.0 persons. 20 APs (45.45%) are male and 24 (54.55%) are female. See Table 3-4.

Table 3-4: Total Affected Persons by Gender

Commune, Village Male Female Total

No. % No. % No. %

Anlong Vil, Beng 20 45,45 24 54,55 44 100

54. Of the 44 APs, 52% (23 individuals, 9 male and 14 female), are in the productive age span of 17 to 65 years of age. 30% (13 individuals, 6 boys and 7 girls) are children up to 16 years of age, while the elder persons over 65 years of age make up 18% (8 individuals, 5 male and 3 female) of the total APs. See Table 3-5 below.

Table 3-5: Age of Affected Persons by Gender

Years

<5 5-16 17-25 26-45 46-65 >65 Total

% N % N % N % N % N % N %

Male 1 2.27 5 11.36 2 4.55 4 9.09 3 6.82 5 11.36 20 45.45

Female 1 2.27 6 13.64 4 9.09 6 13.64 4 9.09 3 6.82 24 54.55

Total 2 4.55 11 25.0 6 13.64 10 22.73 7 15.91 8 18.18 44 100

Total age

span 13 30 23 52 8 18

2. Affected Persons' Work Engagement by Gender

55. Of the totally 44 APs, 29 (66%) are engaged in some type of employment or work. 18 of them (62%) are working full time, 8 (44%) are male and 10 (56%) are female. 11 APs, 38% of all the working APs, are working part-time, of them 6 (54.5%) male and 5 (45.5%) female. 15 APs (34% of the total) are not engaged in working, of them 6 (40%) are male and 9 (60%) are female. Table 3-6 summarizes the work engagement of the APs.

9

Table 3-6: Work Engagement of Affected Persons

Work engagement Male Female Total

No. % No. No. No. %

Full-time 8 44 10 18 18 41

Part-time 6 54.5 5 11 11 25

Total working APs 14 48 15 52 29 66

Not working 6 40 9 15 15 34

Total APs 20 45.5 24 44 44 100

C. Household Income and Expenditures

56. According to the SES results, there are no affected households that are classified as poor. One AH reported a low monthly income between 200,000 and 400,000 KHR (50–100USD). 3 AHs have a monthly income from 600,000 to 1.2 million KHR (150–300 USD), 2 AHs from 1.4 to 1.6 million KHR and 5 AHs over 1.6 million KHR (over 400 USD). In terms of reported monthly income, 82% of the AHs earn more than 800,000 KHR (200 USD) per month, and 63% have a monthly income of 1.4 million KHR (350 USD) or more. See Table 3-7 for details.

Table 3-7: Monthly Income of Affected Households

Income Range

KHR USD No. %

< 200,000 < 50 0 0

200,000–400,000 50–100 1 9

400,000–600,000 100–150 0 0

600,000–800,000 150–200 1 9

800,000–1,200,000 200–300 2 18

1,200,000–1,400,000 300–350 0 0

1,400,000–1,600,000 350–400 2 18

1,600,000 < 400< 5 46

Total 11 100

57. Data on AHs’ expenditures shows that one AH has a low monthly expenditure level at the most 400,000 KHR (100 USD), and all the other APs reported an expenditure level 600,000 KHR (150 USD) or higher: 4 AHs (36% of all the AHs) have an expenditure level from 600,000 to 1.4 million KHR (150–350 USD) and 6 AHs (55% of all the AHs) have an expenditure level over 1.4 million KHR (350 USD). See Table 3-8 for details.

Table 3-8: Monthly Expenditures of Affected Households

Expenditure Range

KHR USD No. %

< 200,000 < 50 0 0

200,000–400,000 50–100 1 9

400,000–600,000 100–150 0 0

600,000–800,000 150–200 1 9

800,000–1,200,000 200–300 2 18

1,200,000–1,400,000 300–350 1 9

10

1,400,000–1,600,000 350–400 2 18

1,600,000 < 400< 4 37

Total 11 100

IV. INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION

A. Public Consultation and Participation

58. The first public consultation took place 5. June 2018 in a meeting combined for the two villages of Chrab Veal and Beng along the entire planned distance of 3.027km of the South Earth Canal to inform local authorities and residents of the planned subproject component.

59. For the 2,277-meter-long section of the canal, another public consultation meeting was arranged in Beng Village on 10. May 2019 with totally nine (9) villagers living along the road with the canal, Beng Village head, Sangkae District Governor and a District officer, and with two IRC-WG staff. All the meeting participants were male, except for one female villager. The Project Information Booklet (PIB, enclosed in Appendix B) was distributed to the participants.

60. The issue content of the public consultation was the following:

Project and subproject overview, including the additional scope of works and the proposed 2,277-meter long trapezoidal earth canal part of the South Earth Canal;

Previous Detailed Engineering Design and the update for the additional works;

DMS and types of losses to be compensated;

Resettlement, compensation and payment process;

Cut-off date of 10. May 2019;

Discussion on mitigation measures during the construction to minimize impacts on APs’ domestic and economic activities and to ensure transportation accessibility;

Discussion on compensation costs;

Another public consultation to be arranged for disclosure of the RP, for information of the construction schedule and compensation payments.

61. The participating ten (10) Beng village residents had a good understanding about the subproject and its land acquisition related aspects. They showed interest in the subproject and acknowledged that this canal has a high importance for both their village and the commune.

62. Minutes of the public consultation meeting of 10. May 2019 are enclosed in Appendix C and the list of participants is enclosed in Appendix D.

B. Planned Consultation and Information Disclosure during RP Implementation

63. To comply with ADB’s SPS (2009) requirements on meaningful consultation, public consultation with AHs/APs, will be conducted during the RP implementation. This will provide an opportunity to the APs to share their views and opinions as well as their potential grievances. It will ensure efficient and transparent process of compensation payments and prompt resolution of any grievances.

64. IRC-WG will conduct another public consultation with the AHs for disclosure of the RP and information of the construction schedule and compensation payments. The meeting will

11

be arranged before compensation contract offer and signing, and provide the APs an opportunity to discuss the compensation details.

65. One-on-one consultations will be conducted with individual AHs (husband and wife together) to discuss their compensation contract. In addition to discussions and agreements reached for the signing of the contract, the AHs will also have an opportunity to raise any grievances regarding the inventory of losses and measurements and/or entitlements.

C. Information Disclosure

66. The AHs are informed that (i) the RP approved by IRC and ADB will be translated into Khmer and distributed to the commune authorities and posted at the commune office; and (ii) the RP will be uploaded on the ADB and MPWT websites.

67. Relevant information from Social Monitoring Reports will also be disclosed to affected persons.

V. GRIEVANCE REDRESS MECHANISH (GRM)

68. A well-defined grievance redress and resolution mechanism was established for the project to address APs’ grievances and complaints regarding land acquisition, compensation and resettlement in a timely and satisfactory manner. The APs have received information of their rights and of the procedures for filing grievances and an appeal process on the public consultation meeting conducted by the IRC working group with the APs on 5. June, 2018 in Anlong Vil commune and 10. May 2019 in Beng Village, and also during the DMS/SES that took place after the consultation 10–12 May 2019. The GRM, the GRC’s address and contact numbers were also included as part of the updated PIB discussed with the APs. Hard copies of the updated PIB were distributed to the APs during the public consultation in May 2019.

69. The AHs’ complaints can be verbally expressed or in written form. In the case of verbal complaints, the committee on grievance at any stage in the GRM process will be responsible to document this during the first meeting with the AHs and keep this in its file.

70. Grievance redress committee was established at provincial level on 4 June, 2013 following stages which began at commune level. The commune level grievance committee is comprised of commune officials and village leaders. However, NGO support can be tapped if the complainant AH/AP have difficulty in preparing the written complaints or in assisting APs who cannot read and write. NGO support is also solicited in the filing of the complaints to the Commune level grievance committee. The designated commune officials shall exercise all efforts to settle AP’s issues at the commune level through appropriate community consultation and meetings with complainants. All meetings on the grievance process shall be recorded by concerned level of grievance committee and copies shall be provided to AHs/APs complainants. A copy of the minutes of meetings and actions undertaken shall be provided to IRC. The GRM and complaints status will be summarized and reflected in semi-annual monitoring reports submitted to ADB.

D. Stages in the GRM Process

71. The procedures for grievance redress are the following:

Stage 1: Affected Household (AH), will file a letter of complaint/request to the Village or Commune Resettlement Sub-committee or IRC-working group. The Sub-committee will acknowledge receipt of the complaint and enter this into its logbook. The commune/village grievance committee will convene within 15 days to act and deliberate on the complaint. If after 15 days, the aggrieved AH/AP does not hear from the Village or Commune grievance

12

committee, or if the AH is not satisfied with the decision reached in the first stage, the complainant may elevate his/her complaint to the District Resettlement sub-committee acting as the Grievance Redress Committee (GRC). Stage 2: The complaint is filed at the District Resettlement Sub-committee level acting as District Grievance Committee and it is recorded in their logbook to acknowledge its receipt. The District office has 15 days to deliberate and resolve the complaint to the satisfaction of all concerned particularly the complainant. If and when the complaint is not acted upon after 15 days or if the complainant is dissatisfied with the results, this will be elevated to the Provincial Grievance Redress Committee (PGRC). Stage 3: Upon receipt of the complaint, the Provincial Grievance Redress Committee meets the aggrieved party and acts to resolve the complaint within 30 days. Within 30days of the submission of the complaint the Committee must make a written decision and submit a copy of the same to MPWT, the IRC through GDR and the AH. Note: GDR conducted the training on GRM to GRC members on 03 December 2018. 72. If and when the complainant AP is still dissatisfied with the decision of the PGRC, the complaint will be elevated to a local court, which is now out of subproject’s authority, for litigation following the rules of court. If the issue is on compensation and the court’s verdict is advantageous to the complainant, the subproject will compensate the AP with the amount set by the court. However, if the court’s verdict favors the subproject, then the compensation amounts set by the IRC as recommended by GDR will be paid. During the litigation of the case, Royal Government of Cambodia (RGC) will request from the court that the subproject implementation proceeds without any disruption while the case is being heard. RGC shall implement the decision of the court. However, the mechanism should not impede access to the country’s jurisdiction or administrative remedies.

73. All cost involved in resolving the complaints (meeting, communication and reporting/ information) will be borne by the executing agency.

74. In cases where AHs do not have the writing skills or are unable to verbally express their grievances, it is a customary that AHs are allowed to seek assistance from any recognized local groups, NGO’s, other family members, village heads or community chiefs to have their complaints or grievances written for them and affix their signature to the letter of complaint. AHs will be allowed to have access to the DMS or contract document to ensure that when disputes occur, all the details have been accurately documented enabling all parties to fair treatment and impartiality. Throughout the grievance redress process, the responsible grievance committee will ensure that the concerned AHs are provided with copies of complaints and decisions or resolutions reached.

75. If the AH/AP is still not satisfied with the resolution of their complaints at the project and central level, they may also (or permit representatives to on their behalf) raise their concern or complaint with the ADB Cambodia Resident Mission (CARM). If AHs are still not satisfied with the responses of CARM, they can directly contact the ADB Office of the Special Project Facilitator.

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VI. LEGAL FRAMEWORK

A. National Legal and Regulatory Framework on Land Acquisition and Resettlement

76. There are existing laws that govern land acquisition and resettlement in Cambodia. Some of these laws are cited below. These laws, along with the ADBs SPS, shall govern the procedures for land acquisition and resettlement for the Project.

1) 1993 Constitution

77. The 1993 Constitution of Cambodia has established governing principles pertaining to land acquisition. Article 44 states that

All persons, individually or collectively, shall have the right to ownership. Only Khmer legal entities and citizens of Khmer nationality shall have the right to own land.

Legal private ownership shall be protected by law.

The right to confiscate properties from any persons shall be exercised only in the public interest as provided for under the law and shall require fair and just compensation in advance.

2) 2001 Land Law

78. The rights to land and property in Cambodia are governed by the 2001 Land Law which is primarily based on the provisions of the 1993 Constitution. The law defines the scope of ownership of immovable properties, such as land, trees and fixed structures.

79. The Article 5 of the Land Law states that

No person may be deprived of his ownership, unless it is in the public interest. Land acquisition shall be carried out in accordance with the governing procedures provided by law and regulations, and after the payment of fair and just compensation in advance.

80. Other provisions of the Land Law that are relevant to land acquisition, compensation and resettlement include:

1) Only legal possession as provided by law can be transformed to landownership. (Article 6)

2) Any regime of ownership of immovable property prior to 1979 shall not be recognized. (Article7)

3) Article 15 states that "the following properties are included as public properties of state and public legal entities: a) any property that has a natural origin, such as forests, courses and banks of navigable and floatable rivers or natural lakes and seashores; b) that is made available for public use such as quays of harbors, port, railways, railways station and airports; or, c) any property which is made available, either in its natural state or after development, for public use such as roads, tracks, oxcart ways, pathways, gardens or public parks and reserved lands.

4) Article 18 states that "the following are null and void and cannot be made legal in any form whatever: a) any entering into possession of public properties of State and public legal entities and any transformation of possession of private properties of State into ownership rights that was not pursuant to the legal formalities and procedures that have been stipulated prior to that time, irrespective of the date of creation of possession or transformation; e) any entering into possession of

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private properties of State, through any means, that occurs after this law comes into effect".

5) Article 19 states that "any persons whose land title or factual circumstance fall within the scope of article 18 of this law shall not have the right to claim compensation or reimbursement of expenses paid for the maintenance or management of immovable property that was illegally occupied. Any illegal and intentional of fraudulent acquisition of public properties of state or of public legal entities shall be penalized pursuant to article 259 of this law. The penalties shall be doubled where any occupation of public properties cause damages or delay to works undertaken in the general interest, especially the occupation of roadway reserved land".

6) Ownership of immovable properties described in Article 25 is granted by the state to indigenous minorities 2 as collective ownership. This collective ownership includes all of the rights and protections as enjoyed by private owners. The exercise of collective ownership rights shall be subject to the responsibility of the traditional authorities and decision-making mechanisms of the indigenous community, according to their customs and subject to the laws of general enforcement related to immovable property such as the law on environmental protection. (Article26)

7) Persons with legally valid possession of land for five years (at the time the law came into effect) are allowed to be registered as the owner of the land (Article30). Persons who (at the time the law came into effect) held legal possession but had not yet completed the five years were allowed to remaining possession until they were eligible to be registered as the owner. (Article31)

8) Any beginning of occupation for possession shall cease when this law comes into effect (article 29). After this law comes into force, any new occupant with title to an immovable property belonging to the public bodies or private persons shall be considered as illegal occupant and shall be subject to the penalties provided in Article 259 of this Law. (Article 34)

9) Article 38 states that "in order to transform in to ownership of immovable property, the possession shall be unambiguous, non-violent, notorious to the public, continuous and in good faith".

10) Landless people may apply for land for residential and subsistence farming purposes at no cost, as part of a social land concessions scheme. The concessionaire may obtain ownership of this land after fulfilling conditions set out in a separate Sub-Decree on Social Land Concessions. (Articles 50,51)

3) Expropriation Law 2010 details the procedures for acquiring private properties for national or public interest. Some key provisions are summarized below:

a) Article 2: The law has the following purposes: (i) ensure reasonable and just deprivation of a legal right to ownership of private property; (ii) ensure payment of reasonable and just prior compensation; (iii) serve the public and national interests; and (iv) development of public physical infrastructure.

b) Article 7: Only the state may carry out an expropriation for use in the public and national interests.

c) Article 8: The state shall accept the purchase of the remaining part of the real property left over from an expropriation at a reasonable and just price at the request of the

2 As per Article 23 of the Land Law, “An indigenous community is a group of people that resides in Cambodia

whose members manifest ethnic, social, cultural and economic unity and who practice a traditional lifestyle, and who cultivate the lands in their possession according to the customary rules of collective use.

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owner of and/or the holder of rights in the expropriated real property, if he is no longer able to live near the expropriated scheme or build a residence or conduct any business.

d) Article 22: Stipulates the amount of compensation to be paid to the owner of and/or holder of rights in the real property, which is based on the market value of the real property or the replacement cost as of the date of the issuance of the Prakas on the expropriation scheme. The market value or the replacement cost shall be determined by an independent commission or agent appointed by the expropriation committee.

B. Other Relevant Policies

81. The private ownership of land was re-established in 1989 and confirmed in the 2001. According to the Land Law (Article 4), Cambodians are able to register the land they occupy with the local Cadastral Administration Office, whereupon a certificate of land title is granted. Issuing land titles is a lengthy process and most offices have a major backlog of applications. People are given a receipt and until the official title deed is issued, this receipt is accepted as a proof of real occupant of the land for land purpose or sale.

82. The present legal status of land use in Cambodia can be classified as follows:

a) Privately owned land with title: The owner has official title to land, and both owner and the Cadastral Administration Office have a copy of the deed.

b) Privately owned land without title: The owner has made an application for title to land and is waiting for the issuance of a title deed. The Cadastral Administration Office recognizes the owner.

c) Land use rights certified by the Government: In this case, a receipt for long- term land use has been issued. This land use right is recognized by the Cadastral Administration Office.

d) Lease land: The Government or private owners lease the land, usually for a short period. There is provision for the owner to reclaim land if it is needed for development.

e) Non-legal occupation: The user has no land use rights to State land that occupies or uses. The Cadastral Administration Office does not recognize the use of this land.

83. Sub-Decree on Social Land Concession, March 2003, provides for allocations of free private state land to landless people of residential or family farming, including the replacement of land lost in the context of involuntary resettlement.

84. Prakas No. 6, entitled “Measures to Crack Down on Anarchic Land Grabbing and Encroachments”, sets ROW for road and railway. In support of this Prakas, MEF on 6 April 2000 issued Decree No. 961 prohibiting compensation for structures and other assets located in the ROWs indicated in Table 6-1.

Table 6-1: Road and Railway ROW Dimensions

Road Category ROW Dimensions under

Prakas No. 06

ROW Dimensions under

Sub-Decree No. 197

NR 1, 4, and 5 30 m from the centerline

Other 1-digit NRs 25 m from the centerline 30 m from the centerline

2-digitNRs 25 m from the centerline 25 m from the centerline

Provincial roads 20 m from the centerline Not specified

Commune roads 15 m from the centerline Not specified

Railway outside city, province

and crowned place

30 m from the centerline

30 m from the centerline

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Railways in forest area 100 m from the centerline 100 m from the centerline

85. Sub-Decree No.115 dated 26. May 2016, regarding the upgrading of the Resettlement Department to the General Department on Resettlement (GDR). This is more of a procedural instrument which outlines the roles and responsibilities of the GDR in respect of the preparation and implementation of Land Acquisition and Resettlement Plans and in coordinating the Inter-Ministerial Resettlement Committee (IRC).

86. Sub Decree No. 22 ANK/BK promulgated on 22. February 2018 on the SOP for Land Acquisition and Involuntary Resettlement for Externally Financed Projects sets out the policies, regulations and procedures for carrying out LAR. The SOP provides for the use of Development Partners Safeguard Policy and for gap filling measures where the provisions of the SOP conflict with the Development Partners mandatory safeguard requirements.

C. ADB Safeguard Policy Statement (SPS, 2009)

87. The objectives of the ADB SPS (2009) are to: (i) avoid involuntary resettlement, wherever possible; (ii) minimize involuntary resettlement by exploring project and design alternatives; (iii) enhance or at least restore the livelihoods of all APs in real terms relative to pre-project levels; and (iv) improved the standards of living of the displaced poor and other vulnerable groups.

88. The involuntary resettlement safeguard covers physical displacement (relocation, loss of residential land, or loss of shelter) and economic displacement (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of: (i) involuntary acquisition of land or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. It also covers whether such losses and involuntary restrictions are full or partial, permanent or temporary.

89. ADB’s Involuntary Resettlement Policy principles include:

1) Screen the project early on to identify past, present, and future involuntary resettlement impacts and risks. Determine the scope of resettlement planning through a survey and/or census of affected persons, including a gender analysis, specifically related to resettlement impacts and risks.

2) Carry out meaningful consultations with affected persons, host communities, and concerned nongovernment organizations. Inform all affected persons of their entitlements and resettlement options. Ensure their participation in planning, implementation, and monitoring and evaluation of resettlement programs. Pay particular attention to the needs of vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, and Indigenous Peoples, and those without legal title to land, and ensure their participation in consultations. Establish a grievance redress mechanism to receive and facilitate resolution of the affected persons’ concerns. Support the social and cultural institutions of affected persons and their host population

3) Where involuntary resettlement impacts and risks are highly complex and sensitive, compensation and resettlement decisions should be preceded by a social preparation phase.

4) Improve, or at least restore, the livelihoods of all affected persons through (i) land-based resettlement strategies when affected livelihoods are land based where possible or cash compensation at replacement value for land when the loss of land does not undermine livelihoods, (ii) prompt replacement of assets with access to assets of equal or higher value, (iii) prompt compensation at full replacement cost for assets that cannot be restored, and (iv) additional revenues and services through benefit sharing schemes where possible.

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5) Provide physically and economically affected persons with needed assistance, including the following: (i) if there is relocation, secured tenure to relocation land, better housing at resettlement sites with comparable access to employment and production opportunities, integration of resettled persons economically and socially into their host communities, and extension of project benefits to host communities; (ii) transitional support and development assistance, such as land development, credit facilities, training, or employment opportunities; and(iii) civic infrastructure and community services, as required.

6) Improve the standards of living of the affected poor and other vulnerable groups, including women, to at least national minimum standards. In rural areas provide them with legal and affordable access to land and resources, and in urban areas provide them with appropriate income sources and legal and affordable access to adequate housing.

7) Develop procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlement to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihood status.

8) Ensure those affected persons without titles to land or any recognizable legal rights to and are eligible for resettlement assistance and compensation for loss of non-land assets.

9) Prepare a resettlement plan elaborating on affected persons’ entitlements, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time-bound implementation schedule.

10) Disclose a draft resettlement plan, including documentation of the consultation process in a timely manner, before project appraisal, in an accessible place and a form and language(s) understandable to affected persons and other stakeholders. Disclose the final resettlement plan and its updates to affected persons and other stakeholders.

11) Conceive and execute involuntary resettlement as part of a development project or program. Include the full costs of resettlement in the presentation of project’s costs and benefits. For a project with significant involuntary resettlement impacts, consider implementing the involuntary resettlement component of the project as a stand-alone operation.

12) Pay compensation and provide other resettlement entitlements before physical or economic displacement. Implement the resettlement plan under close supervision throughout project implementation.

13) Monitor and assess resettlement outcomes, their impacts on the standards of living of affected persons, and whether the objectives of the resettlement plan have been achieved by taking into account the baseline conditions and the results of resettlement monitoring. Disclose monitoring reports.

D. Mainstreaming of Gender Concerns

90. 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. The ADB SPS also reiterates the importance of including gender issues in the preparation of safeguards documents at all stages to 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 restoration/improvement of their living standards; and to ensure that women will receive project benefits.

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91. The following specific actions were undertaken to address gender issues in the Battambang Wastewater Treatment subproject South Earth Canal Component Section II during the preparation of the RP and will be undertaken in the remaining stages of project implementation.

(i) Prior to DMS updating for the Battambang Storm Drainage Subproject, the IRC working group acting as the DMS team were oriented on the gender issues and concerns that may arise during the public consultation and the DMS/SES process.

(ii) During the DMS, both male and female APs participated in the SES and IOL survey.

(iii) payments for affected assets will be given to both men and women as per entitlement policy and matrix and cost of affected assets as per RCS results;

(iv) Grievances and complaints of FHHs will be equally prioritized for resolution/action alongside complaints and grievances of men-headed households;

(v) Internal monitoring indicators on status of RP implementation will be sex-disaggregated. Also, sex-disaggregation of monitoring reports on capacity development and training programs, livelihood programs and participation of project stakeholders during project implementation.

E. Reconciliation of Government and ADB Policy on Resettlement

92. In general, the main principles of the government policies on land acquisition, compensation, assistance and resettlement reflect those provided in ADB’s SPS 2009. The differences as well as compatibilities between the RGC Laws and Decrees and ADB Policy with regard to resettlement and compensation are provided in Table 6-2. For the proposed Storm Drainage subproject, the provisions and principles adopted in this resettlement plan shall supersede the provisions of the relevant government decrees particularly if such policy is not consistent with the ADB’s SPS.

Table 6-2: GAPs between the RGC Laws and ADB Policies and Project Principles

Key Issues State Legislation ADB Policy Project Policy

Eligibility for

compensation &

assistance does not

include APs without

land title.

Illegal occupants are not

entitled to compensation

due to violation on

declared land use plan;

or if they have

constructed without

permit or have

encroached on

demarcated land for

ROW.

Those without titles to

land or any recognizable

legal rights to land are

eligible for resettlement

assistance and

compensation for loss of

non-land assets.

Improve the standards of

living of the affected

poor and other

vulnerable groups,

particularly women.

All AHs without any

discrimination whether or

not land is owned are

eligible for resettlement

assistance and


non- land-based assets.

Particular focus is on

improving the standards of

living of the affected poor

and other vulnerable

groups, including women.

No compensation

for those illegally

settled on the ROW

The MEF Prakas is

consonant with the

position of the 2001

Land Law that individuals

who have illegally

occupied the ROW or

public properties are not

entitled to any

compensation or social

support, regardless of

their being an DP or

Compensation for

Loss on non-land-based

assets.

All APs, including those

without titles to land or any

recognizable legal rights to

land are eligible for

resettlement assistance and


non- land-based assets.

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belonging to vulnerable

groups.

Immovable Assets Any regime of ownership

of immovable property

prior to 1979 shall not be

recognized. (Article 7)

All affected persons shall

be entitled for

resettlement assistance

and compensation for

non-land-based assets.

All APs, including those

without land titles or are

within the ROW are eligible

for resettlement assistance

and compensation for loss of

non-land –based assets.

Imprisonment on

failure to vacate land

according to

schedule.

Failure to vacate illegally

occupied land in a timely

manner is subject to fines

and/or imprisonment.

(Article 19)

Protection and

improvement on the

quality of life of APs.

Sufficient time and

resettlement support given

to APs during transfer such

as transportation and

demolition assistance,

including food allowance

during transfer and

settlement for a specified

period approved by the IRC.

Voluntary Deed of

Donation

Not compensated for

portion of land donated

for the subproject

Not covered in ADB’s SPS a. Donation of land shall

not exceed 300m2 and

should not affect the living

standard of AHs.

b. Vulnerable households

shall be excluded from

donating land.

c. Land for donation shall

apply only to households

whose affected lands do

not exceed 10% of land

holdings.

d. Vulnerable households

such as poor, households

headed by women shall be

exempted from donating

land.

e. The execution of the

voluntary deed of donation

will be further strengthened

by the witness of the act to

firm up the transaction, and

observance of the protocol

requirement.

Unregistered

Businesses

Recognizes businesses or

economic entities only if

they hold a business if

they hold a business

certificate (i.e. excludes

non- registered

businesses)

Inclusion of APs in

assistance to livelihood

restoration and

compensate for loss of

income

Inclusion of those who are

economically affected, even

registered (e.g. unregistered

businesses, employees

without labor contracts)

they will be assisted to

ensure that their income

sources are restored to at

least pre-project levels.

Entitlements on

severity of losses and

Land Valuation

No specific legislation on

severity of losses on

productive land

ADB policy includes losses

incurred to APs from at

least 10 per cent or more

of productive assets

(physical like. land and

income-generating)

APs who lose over 10%-30%

of their agricultural land

whose primary source of

household income is

dependent on productive

land will be provided with

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additional assistance.

The price for land

compensation is

calculated based on the

prevailing cost of land at

the time of land

acquisition which is

defined by the IRC. Land

payment is usually based

on negotiated price

between land owner and

the government “willing

buyer-willing seller”

approach.

Bank’s policy requires an

Independent Land

Appraiser (ILA) who has

working knowledge on

property valuation and

the methodology that the

ILA will use is consistent

with international

standards.

An independent land

appraiser (ILA) will be

engaged to conduct

replacement cost studies

(RCS) if DMS results indicate

that there will be affected

land to be acquired. Land

appraisal result will be used

as basis for compensation of

acquired lands to be

included in the entitlement

matrix in the RP. This will be

approved by IRC based on

GDR’s recommendation.

VII. ENTITLEMENTS, ASSISTANCE AND BENEFITS

A. Project Policies and Principles

93. In order to achieve the IR objectives, the project will adhere to the policies and principles of the RP as set forth:

a) Involuntary resettlement and impacts on land, structures and other fixed assets will be minimized where possible by exploring all alternative options.

b) Cash compensation at full replacement cost for lost land and structures, adequate compensation for partially damaged structures and relocation assistance to type (i) and (ii) APs prior to their relocation. Type (iii) APs will be compensated for loss of their assets other than land at full replacement cost, provided if they occupied the land and structures in the subproject area prior to the cut-off date for eligibility.

c) All the affected households (without any discrimination such as household headed by women, disabled, elderly, landless and people living below the national poverty line) confirmed to be residing in, doing business, or cultivating land or having right over resources within the sub project affected area or land to be acquired or used for sub project during the conduct of IOL and census of AH (Cut-off Date for Eligibility) are eligible for resettlement assistance and compensation for non-land assets at replacement cost as mentioned in the entitlement matrix.

d) Meaningful consultation will be carried out with the AHs/APs, and vulnerable groups in a timely, transparent and non-coercive manner using the local language understandable and spoken by all AHs/APs. The comments and suggestions of AHs/APs will be taken into account and considered in decision-making in resettlement planning and implementation as well as in project implementation.

e) The draft, final and any updates on the RP will be disclosed to AHs households in a form and language(s) understandable to them in compliance with disclosure requirements.

f) Resettlement identification, planning and management will ensure that gender concerns are incorporated and that female headed households with dependents, elderly, ethnic minority women will not be disproportionately at risk from the effects of resettlement; gender responsive mitigating measures are to be identified and agreed with affected women during separate consultations with them.

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g) Provide all affected households requiring relocation with needed assistance including the following; assistance and allowances, secure tenure to the relocated land, and better living conditions at resettlement sites.

h) Special measures will be incorporated in the resettlement plan to protect socially and economically vulnerable groups such as indigenous households, households headed by women, children, disabled, the elderly, landless and people living below the generally accepted poverty line.

i) Existing cultural and religious practices will be respected and, to the maximum extent practical, preserved.

j) Culturally appropriate and gender-sensitive social impact assessment and monitoring will be carried out in various stages of the project.

k) Adequate resources will be identified and committed during the preparation of the RP, which shall include sufficient budgetary support and made available to cover resettlement costs within the agreed implementation period.

l) There will be no civil works that shall take place for any segment of the sub-project, until (i) compensation has been fully paid to AHs; (ii) agreed rehabilitation measures are in place (iii) the acquired land is free from all encumbrances.

m) After payment of compensation and entitlements for respective sections is completed and land is vacated, GDR-IRC will send a Land Handover Letter to MPWT with a copy to ADB to confirm progress of compensation payment and other resettlement activities.

B. Principles for Valuation

94. All compensation will be based on the principle of replacement cost. Replacement cost is the amount calculated before displacement which is needed to replace an affected asset without deduction for taxes and/or costs of transaction as follows:

d) Houses and other structures based on actual current market prices, as per agreed RCS, of materials and labor without depreciation or deduction for salvaged building materials.

e) Annual crops equivalent to current market value of crops as per agreed RCS.

f) Fruit and timber trees equivalent to current market price based on productive ages as per agreed RCS.

95. All 11 AHs validated during the DMS are entitled for the following as relevant:

Compensation at full replacement cost of all affected secondary structures without depreciation whether these are made of salvageable or non-salvageable materials as per RCS;

Compensation at full replacement cost for affected fruit and timber trees based on RCS;

Compensation for loss of paddy crop for 2 AHs encroaching into the ROW.

C. Cut–off Date for Eligibility

96. The team containing the IRC-working group from the GDR-MEF and other ministries conducted the DMS and SES for Battambang South Earth Canal Section II during 10–12 May 2019. The cut-off date for eligibility 10. May 2019 was agreed during the Public Consultation Meeting on 10. May 2019 prior to the initiation of the DMS and SES.

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97. Only persons with land, fixed assets and sources of income in the subproject ROW at the time of the cut-off date are eligible to receive project entitlements agreed between RGC and ADB. Those who encroach into the subproject area and build any structure after the cut-off date will not be entitled to compensation or any other forms of assistance.

D. Determining Replacement Cost

98. The replacement cost study (RCS) was conducted by an independent firm, Research for Development Cambodia (REDECAM) Group hired by GDR. The group commenced its contracted works on 26-30 April, 2018 for the identification of affected communes and on 15th May-25th June, 2018 for the actual field survey, data processing and analysis. The objective of the resettlement cost study (RCS) was to gather current market prices and values of affected structures and their materials; also costs of fruit and timber trees based on their productive ages and prevailing cost of rice crop per square meter of agricultural land. RCS results formed the bases for establishing compensation for affected assets (secondary structures, trees and rice crop) at full replacement cost which are sufficient for AHs/APs to acquire or purchase replacements for assets lost to the project, without deductions for taxes, and other transaction costs. Results of the RCS are indicated in Appendix A of this RP.

99. Entitlements. The subproject entitlements have been defined in accordance with the impacts identified based on the results of the DMS and socio-economic survey (SES). The eligibility on entitlements applies to all AHs by the subproject which is categorized in the Entitlement Matrix. The updated Entitlement Matrix is presented in the Table 7-1 indicating each type of loss and degree of impact with corresponding benefits applicable to the specific condition and impacts on AHs. The standards set in the original entitlement matrix of the 2012 approved draft Battambang Wastewater Treatment RP disclosed on ADB website are not lowered in this to subproject component-specific Entitlement Matrix.

Table 7-1: Entitlement Matrix

Item Type of loss Entitled persons Compensation policy Implementation

issues

A. Loss of Structures

1 Residential/commercial

structure and any other

assets (Partial or full)

10 units of Secondary

Structures owned by

3 AHs

1) Compensation in

cash for all affected

structures at 100% of

the full replacement

cost for materials and

Labor. The amount will

be sufficient to rebuild

the structure at

current market prices;

2) Compensation and

assistance will be

provided in the form of

cash without any

deductions for

depreciation or

salvageable materials.

The calculation of rates

will be based on the

actual affected area

and not the useable

area.

If the head of

household is

married,

compensation

will be paid at

the presence of

both husband

and wife.

B. Loss of Productive Trees and Crops

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Item Type of loss Entitled persons Compensation policy Implementation

issues

2 Fruit trees Legal owners of

crops or trees

(whether with legal

or customary title to

land or not)

44 units of 10 types

of fruit trees of 9

AHs

Loss of rice crop of 2

AHs located in

1,550m2 of public

land (ROW)

2 units of 2 types of

timber trees of 2

AHs

Compensation for

affected fruit/nut trees

at full replacement

cost, which shall be

based on average

annual value of the

produce multiplied by

five years.

Compensation

for standing

crops and

productive trees.

3 Standing crops Compensation for

annual crops at

replacement cost,

which shall be based

on the locally

prevailing current

market prices for the

produce.

Advance notice

to harvest at

least three

months before

civil works.

4 Standing timber trees Compensation for

affected tree at full

replacement cost

based on RCS

VIII. RP BUDGET

A. Resettlement Budget

100. The resettlement cost has been estimated based on results of the DMS and the RCS at full replacement cost. The cost for all compensation under the Storm Drainage South Earth Canal Section II of the Wastewater Treatment Subproject will be financed from the national budget and no financing will be required from the ADB loans and grants. The resettlement budget is estimated USD 9,727.44, which includes: (i) USD 7,205.50 as direct cost of

compensation for secondary structures, crops and trees; (ii) external monitoring and internal monitoring reports cost of five percent (5%) of the direct cost equal to USD 360.28; (iii) administrative cost of fifteen percent (15%) the direct cost equal to USD 1,080.83 and (iv) contingency cost of fifteen percent (15%)of the direct cost equal to USD 1,080.83.

Table 8-1: Resettlement Budget –Additional component: South Earth Canal 2,277m Section, Battambang Storm Drainage of WWT Subproject

No. Description Unit Rate in

USD Quantity Amount

A Land Affected

A Productive Rice Land inside ROW m2 0,15 1550 232,5

Sub-total A 1550 232,5

B Secondary Structures

1 Awning / Extended eaves AW4 m2 22,00 62 1364

2 Cement mortar m2 8,00 76,25 610

3 Concrete post with net/barbed wire m2 5,00 46 230

4 Pole post with net/barbed wire LM 5,00 58 290

24

5 Manhole (Regear) 100mm* LM 30,00 4,8 144

6 Concrete Culvert 100mm LM 45 65 2925

7 Spirit House (Small) Count 35,00 2 70

8 Zinc Fence with wood column LM 10,00 6 60

9 Zinc wood with wood column m2 10,00 10,5 105

Sub-total B 330,55 5798

C Crops and Trees

C.1 C.1 Timber Trees

1 Jambolan plum Tree 30,5 1 30,5

1 Neem tree (Sdao) Tree 5 1 5

Sub-total C.1 2 35,5

C.2 C.2 Fruit Trees

1 Banana Bunch 5,5 17 93,5

2 Cococut Tree 45,5 2 91

3 Custard apple Tree 9,5 1 9,5

4 Jackfruit Tree 48,5 3 145,5

5 Jujube Tree 9,5 1 9,5

6 Amborella (Makak)* Tree 40,5 1 40,5

7 Mango Tree 51 9 459

8 Palm tree Tree 64,5 4 258

9 Phyllanthus Tree 8 1 8

10 Dragon fruit (Sraka Naek)* Tree 5 5 25

Sub-total C.2 44 1139,5

Sub-total C 46 1175

D Total Direct Cost (A+B+C) 7205,5

E External monitoring and internal monitoring reports (5%) 360,28

F Administrative cost (15%) 1080,83

G Contingencies (15%) 1080,83

GRAND TOTAL 9727,44

IX. INSTITUTIONAL ARRANGEMENTS

A. Executing Agency

101. The project’s Executing Agency (EA) is the Ministry of Public Works and Transport (MPWT) and the Implementing Agency (IA) is the Provincial Public Works and Transport (PPWT). The Project Management Unit (PMU) will support the EA to undertake overall oversight and management of the Project. It will be supported by consultants to ensure that procedures are followed and that the implementation schedules are kept on track.

25

B. Project Management Unit

102. The project management unit (PMU) was established by the EA to coordinate all project activities and carry out the day-to-day tasks during project implementation. However, it is not mandated to carry out resettlement activities but assumes some tasks in coordination with GDR which is the lead agency directly responsible for all LAR activities in the ROW. The PMU designated a focal person on resettlement and tasked to undertake specific PMU responsibilities with regards to LAR and coordinate with GDR, the PRSC and the PIU in all matters concerning LAR planning and implementation. Specific tasks of the PMU related to LAR include the following:

conduct social impact assessment of the project/subproject;

prepare the draft basic resettlement plan based on pre-detailed design alignments/demarcation of subproject site for GDR’s review and endorsement;

Set out the demarcation of the land requirement along the final alignment within a month after completion of the DED in coordination with GDR;

Provide GDR with the proposed construction schedule identifying the completion schedule of LAR and handover of sites by sections to the contractor before planned contract award date;

Inform GDR in a timely manner if progress of construction is hampered by LAR issues or any anticipated bottleneck;

assist and cooperate with GDR in seeking solutions to problems encountered during project/subproject implementation;

Invite GDR to participate in supervision missions and wrap-up meetings with APsand ensure that GDR’s comments on LAR issues are incorporated in Aide Memoires (AMs), Memorandum of Understanding (MOU) and Minutes of Discussions (MOD);

ensures that no further encroachment on the ROW after handover by GDR of the land for the project/subproject.

C. Inter-Ministerial Resettlement Committee (IRC)

103. The IRC is the decision making and oversight body for LAR. The IRC has the mandate to review and evaluate the resettlement impact of land acquisition for public infrastructure development projects in the Kingdom of Cambodia. The IRC is established by the MEF and led by the Permanent Chairman from MEF (currently at Under Secretary level). The IRC carries out its function through a working group (IRC-WG) which has been established for this Storm Drain, WWT Subproject. Key responsibilities of IRC include:

● Provide effective oversight and ensure LAR complies with the laws and implementing rules and regulations;

● Ensure effective coordination between line ministries, provincial/local authorities and GDR-MEF in carrying out the LAR;

● Approve the RP and endorsing RP for the approval of ADB;

● Initiate the establishment Provincial Grievance Redress Committee (PGRC);

● Provide overall guidance on implementing rules and regulations for LAR and propose updates as necessary.

D. General Department of Resettlement

104. The GDR is the permanent technical secretariat of the IRC and is the lead agency for the planning, implementation, monitoring and reporting of RP in accordance with LAR-related laws and implementing rules and procedures. The GDR has assigned the responsibility for the

26

implementation of RP to Department of Resettlement No. 2 (DR2). The monitoring of the implementation of the RP and the management of the GRM will be carried out by the Department of Internal Monitoring and Data Management (DIMDM). In addition, the DIMDM will record and review all complaints and grievances submitted by the APs, investigate them and make recommendations on compliance to the Director General of GDR.

E. IRC-Working Group (IRC-WG)

105. The IRC-WG will carry out the day to day LAR activities under the RP which will be led by the Deputy Director of DR2 of the GDR and comprise of technical PMU staff of the MPWT/PDMPWT, staff of the DR2, and staff of the Ministry of Land Management, Urban Planning and Construction. The IRC-WG is responsible for all the field work under the supervision of the Director of the DR2 and overall guidance and direction of the Director General of the GDR. The composition of the IRC-WG for this RP is in Table 9-1 below.

Table 9-1: Composition of IRC-WG for WWT Storm Drainage Subproject

No. Name Position Agency

1 SUN Sokny Deputy Director DR2, GDR

2 SENG Hay Team Leader DR2, GDR

3 KEN Sovathara Vice Team Leader DR2, GDR

4 CHANN Kok Uong Working Group MLMUPC

5 MIN Synaka Working Group MLMUPC

6 Try Vann Tho Working Group MLMUPC

7 VONG Rada Working Group MPWT

8 POU Manith Working Group MPWT

9 LY Sokthong Working Group MPWT

10 PAL Piseth Working Group MPWT

11 CHEA Sophanet Working Group MPWT

12 CHANN Rith Working Group MPWT

F. Provincial Resettlement Sub-Committee (PRSC)

106. The PRSC has been established by the Provincial Governor at the request of the IRC for the storm drains subproject. The composition of the PRSC is shown in the Table 9-2 below.

Table 9-2: Composition of PRSC for WWT Storm Drainage Subproject

No. Position/Title Name of Representative

1 Head (Vice Governor) Some Bunrith

2 Director of PDEF Portry Doeurn

3 Deputy Director of DPWT Khan Manne

4 Director of LMUPC Ou Dary

5 Provincial Police Heng Chantha

6 Provincial Military Police Orn Chri Sao Mondul

107. Key responsibilities of PRSC include:

(i) Provide the coordination and supporting role to the GDR, IRC and IRC-WG for the preparation, implementation and monitoring of the resettlement plans in the field and at the local level;

(ii) Ensure all relevant provincial and local government authorities provide the necessary support for LAR;

(iii) Manage the public consultation meetings at Provincial Level;

(iv) Responsible and accountable for the disbursements of the compensation

27

payments at the provincial level.

G. PRSC Working Group (PRSC-WG)

108. The technical arm of the PRSC is the PRSC-WG. The PRSC-WG has been established by the Provincial Governor and is responsible for carrying out the technical functions of the PRSC and works with the IRC-WG in carrying out LAR activities at the provincial level. The composition of PRSC-WG is in Table 9-3 below.

Table 9-3: Composition of PRSC-WG for WWT Storm Drainage Subproject

No. Position/Title Name of Representative

1 Provincial Hall Teng Kim Sean

2 Battambang Hall Tout Chanrotana

3 PDEF Chhoeng Borin

4 DPWT Pronh Ritha

5 Development Construction Sam Sophal

6 PLMUPC Nhornh Sokhara

7 Relevant Commune Chief Yous Soen

8 Relevant Commune Chief Chhean Kimchhoun

109. The PRSC, through the provincial and district working groups is responsible for the following functions:

● Facilitate public information campaign, ensuring that the public, especially the AHs, are updated on any developments regarding the project and resettlement activities;

● Participate in the DMS and updating of the census of AHs, including the updating of the entitlements;

● Spearhead the selection, acquisition, and preparation of replacement plots, including the preparation of a coordinated schedule of delivery of compensation and other entitlements, the relocation of people, harvesting of standing crops, and the start of civil works in a particular section of the Project road sections;

● Spearhead the delivery of compensation and other entitlements to the AHs;

● Receive and act on the complaints and grievances of AHs in accordance with the project resettlement policy;

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

H. Project Implementation Support Capacity Development (PISCD) Consultants

110. The Project Implementation Support Capacity Development Consultants’ (PISCD) role is minimal in the implementation of RP and is only related to the compilation of the reporting required for the SECTDP and reporting to GDR of any bottlenecks posed by resettlement during the construction phase of the project/subproject.

111. EA through PMU and technically supported by PISCD hired a Construction Supervision Consultant (CSC) tasked to monitor contractors’ adherence with the terms of their contract relative to avoiding and/or minimizing resettlement impacts, in addition to ensuring that contractors provide the necessary compensation and/or assistance to the AHs prior to and/or during construction activities. PMU assisted by PISCD will monitor and supervise the works of the CSC to ensure its strict compliance with its contract responsibilities. An

28

organizational chart showing the institutional arrangements in the project is attached as Appendix E of this RP.

29

X. IMPLEMENTATION SCHEDULE

A. Implementation Schedule of RP

112. All resettlement activities will be coordinated with the civil works schedule. The RP will be implemented after the approval of the RP and the budget. The compensation payments will be carried out for all the 11 AHs within two (2) months. Demolition and shifting back of affected secondary structures of AHs/APs cannot commence until the RP has been reviewed, approved by RGC and ADB and implemented. MPWT will not allow construction activities in affected sites until all resettlement activities have been satisfactorily completed and that the site is free of all encumbrances. However, construction that is confined to the ROW and where there are no AHs, construction can proceed based on agreement between MPWT and ADB. In case of any AH that rejects the compensation package, the construction will commence in the areas where there are no LAR impacts while the complaint is being processed through the GRM. Table 10-1 shows the detailed activities and their schedule in implementing the RP for the construction of the storm drains of the WWT subproject.

113. The RP will be implemented from beginning of July 2019 to July 2020.

Table 10-1: Resettlement Plan Implementation Schedule

DED preparation until 15. March 2019

ADB approval of DED pending, submitted in April

2019

DMS May 2019

RP preparation June 2019

Approval of RP by IRC June 2019

Submission and ADB approval of RP June 2019

Disclosure of RP on ADB and MPWT Websites July 2019

Approval of Budget by IRC and MEF July 2019

Contract Offer and Contract Signing July 2019

Disbursement of Compensation to the AHs August 2019

Land Handover Letter by IRC to MPWT with a copy to ADB for "No Objection

to civil works" September 2019

ADB's No Objection to Civil Works September 2019

Submission of quarterly Internal Monitoring reports from October 2019

Submission of Semi-annual External Monitoring Reports January 2020

30

XI. MONITORING AND REPORTING

A. Internal Monitoring

114. All internal monitoring and reporting on the implementation of the RP will be carried out by the GDR in accordance with the principles agreed in this RP. DIMDM of the GDR will perform routine internal monitoring. The objective of internal monitoring is to: (i) measure and report on the progress in the preparation and implementation of the URP; (ii) identify problems and risks, if any and the measures to mitigate them; and (iii) assess if the compensation and rehabilitation assistance are in accordance with the provisions under the RP. Internal monitoring with results will be reported to IRC and MPWT/PMU on a quarterly basis. The IRC-WG and the PRSC-WG will gather data and information on the progress of the LAR from the field and will submit monthly reports to the responsible DR2. The DR2 will compile the field reports and prepare a consolidated report for the on the implementation of URP on monthly basis. The report will be submitted to the DIMDM for internal monitoring. The DIMDM will: (i) review the monthly progress reports, including fielding its own missions to verify the progress and the validity of the data and information, if deemed necessary; and (ii) compile quarterly monitoring report for submission to the Director General of GDR. After the quarterly monitoring report is endorsed by the GDR, it will be submitted to the MPWT for inclusion in the Project quarterly progress report to be submitted to ADB.

115. For the RP quarterly monitoring report, the DIMDM may engage a national consultant to carry out RP quarterly reviews of URP implementation and prepare quarterly monitoring reports for GDR. The quarterly monitoring reports will be reviewed and endorsed by GDR before submission to ADB.

116. GDR has established a database for resettlement monitoring data. It has also established procedures for data collection on a monthly basis and shall regularly update the database.

117. The internal monitoring report summarizes progress on resettlement activities and notifies ADB of approval by IRC GDR’s of any changes, as required, to the implementation of the RP. The contents of the report include the status of the following:

(i) Set up of Institutional Arrangements (ii) Compensation Payments for Entitlements (iii) Development of Resettlement Sites and Relocation, if any (iv) Grievance Redress (v) Public Consultations (vi) Budget Expenditures (vii) Livelihood Support Program, where applicable (viii) Overall Progress against agreed Implementation Schedule (ix) Major Problems and Issues (x) Proposed remedial actions

B. External Monitoring

118. Given that the Battambang Storm Drainage Subproject South Earth Canal Component Section II is classified as category B for involuntary resettlement impacts, no separate external monitoring will be required. However, the External Monitoring Organization (EMO) hired for the project will cover this subproject component. The external monitoring reports will include the RP implementation compliance status.

31

APPENDICES APPENDIX A. REPLACEMENT COST STUDY FOR BATTAMBANG

THE STUDY RESULT FOR BATTAMBANG CITY

5.1 HOUSE/ STRUCTURE 5.1.1 House/Structure category and price

10. It is noted that compensation rates will be adjusted based on actual structures of affected households, for example, one structure categorized 1A, if there are some deficits such as not full wall, compensation rates will be adjusted with particular categories which calculated based on actual market prices.

Table 5.1: House/Structure categories and prices in May-June 2018

Roof ��ប�

Wall ជ�� ង

Floor ក��

Column ��

Story ច�ន!ន"ន#

Type �ប'ភទ

Structure Cost ,-ម/��0ង# USD/M2

Zn/Fibro �9ង:�;/ <=;�ប>

Bamboo @�A ;

Tile Floor �BB� C�

Timber/steel 'ឈE/F�ក

Single ម!យ"ន#

A 50.00

Zn/Fibro �ង9:�;/<=;�ប>

Wood/Mortar BN �/Oក#Pប

Timber/Steel 'ឈE/F�ក

Single ម!យ"ន#

B 50.00



Timber/steel 'ឈE/F�ក

Single ម!យ"ន#

C 56.00

Zn + Brick �ង9:�;+T�U

None/Soil WX ន/�;

Concrete/Steel 'ប,Yង/F�ក

Single ម!យ"ន#

D 60.00

Zn + Brick �ង9:�;+T�U

Mortar Oក#Pប

Concrete/Steel 'ប,Yង/F�ក

Single ម!យ"ន#

E 68.00



Timber/Concrete 'ឈE/'ប,Yង

Ground/First "ន#]̂#�;/ "ន#ទ;

_ F 75.50

Wood BN �


Timber 'ឈE

Single ម!យ"ន#

G 91.00

Brick T�U


Timber/Concrete 'ឈE/'ប,Yង

Single ម!យ"ន#

H 142.00

Table 5.2: Separated Shelter prices in May-June 2018

Roof ��ប�

Wall ជ�� ង

Floor ក��

Column ��


Type �ប'ភទ


Separated Shelter (,�ប @ 'gង ក#��)

Thatch/ Plastic

None WX ន

None/soil WX ន/�;

Timber 'ឈE

Single ម!យ"ន#

SH1 7.50

32

Roof ��ប�

Wall ជ�� ង

Floor ក��

Column ��


Type �ប'ភទ


Separated Shelter (,�ប @ 'gង ក#��)

�/jក/'k�l� Bamboo @�A ;

Timber 'ឈE

Single ម!យ"ន#

SH2 12.50


Timber 'ឈE

Single ម!យ"ន#

SH3 15.50

Zn/Fibro �9ង:�;/ <=;�ប>

None WX ន


Timber/Iron/Concrete 'ឈE/F�ក/'ប,Yង

Single ម!យ"ន#

SH4 17.00

Zn/Fibro �9ង:�;/ <=;�ប>

Mortar Oក#Pប


Single ម!យ"ន#

SH5 25.00

Zn/Fibro �9ង:�;/<=;�ប>



Single ម!យ"ន#

SH6 26.00

Mortar Oក#Pប


Single ម!យ"ន#

SH7 34.00

Zn/�9ង:�; Brick/T�U



Single ម!យ"ន#

SH8 52.00



Single ម!យ"ន#

SH9 60.00

Barrier steel/ �o/ច�មjងF�ក



Single ម!យ"ន#

SH10 32.00

Mortar Oក#Pប


Single ម!យ"ន#

SH11 40.00

Table 5.3: Awning/Extended eaves and Veranda prices in May-June 2018

Roof ��ប�

Wall ជ�� ង

Floor ក��

Frame '�Wង


Type �ប'ភទ


Awning/Extended eaves (��sC ប)

Thatch/ Plastic �/jក/,ង#

None WX ន


Timber/Iron 'ឈE/F�ក

Single ម!យ"ន#

AW1 6.00

Mortar Oក#Pប

Timber 'ឈE

Single ម!យ"ន#

AW2 14.00

Zn/Fibro �9ង:�;/ <=;�ប>

None WX ន



Single ម!យ"ន#

AW3 14.00

None WX ន

Mortar Oក#Pប


Single ម!យ"ន#

AW4 22.00

5.1.2 Other structures

33

11. The compensation rate of other structures, such as well and fence, etc..., are based on market price. The results of specific rates of other structures are listed in table 5.4 as following.

Table 5.4: Other structure prices in May-June 2018

No. TYPE OF ASSETS UNIT Unit Cost, USD

1 Concrete well (deep about 6m)/GRM0N� ង�'ប,Yង (ជ'�wxម) Set 180.0

2 Pumping well (Normal)/y0N� ង�zប##ធមX| Set 250.0

3 Pumping well (Afridev)/y0N� ង�zប## �C ក (Afridev) Set 350.0

4 Cement mortar (Pប�Y;មCង#,}) m2 8.0

5 Concrete block/Brick floor (ក�� B� C�~/T�UកFនAង) m2 12.0

6 Tile floor (ក��T�UB� C�) m2 14.0

7 Bamboo concrete mortar (Pប'ប,Yង '�Wង@�A ;) m2 15.0

8 Reinforced concrete mortar (Pប'ប,Yង '�Wង�-�F�ក) m2 17.0

9 Wood board ceiling/ព��នBN �កYងo/ ក'ក m2 7.0

10 Plastering ceiling/ព��ន�z ង�� m2 10.0

11 Smart board ceiling/ព��នPX ,បl, m2 12.0

12 Concrete veranda (flat)/'� C� Cង#�'ប,Yង (ផ̂�F=ង) m2 50.0

13 Brick shelf (h:0.7m)/'ធzE��ប#ក#�� (ក�ព�#�.�ម) m2 45.0

14 Concrete Kitchen/ច��: ន'ប,Yង m2 55.0

15 Concrete spirit house (0.43x0.61x1.1)/�ព�ភ�ម�ថX'ប,Yង �z ,,�ច Set 35.0

16 Concrete spirit house (0.48x0.68x1.3)/�ព�ភ�ម�ថX'ប,Yង �z ,ក�N Set 50.0

17 Concrete spirit house (0.68x0.88x1.5)/�ព�ភ�ម�ថX'ប,Yង �z ,ធ� Set 100.0

SEPARATED LATRINE/បង�ន��ច��ចញព�ផ �

18 Separated toilet with brick wall/បង�ន#'�kផ^�ជ�� ងT�U (S≤3m2) Set 250.0

19 Separated toilet with wooden wall/បង�ន#'�kផ^�ជ�� ង'ឈE (S≤3m2) Set 160.0

20 Separated toilet with zinc wall/បង�ន#'�kផ̂�ជ�� ង�9ង:�; (S≤3m2) Set 120.0

21 Separated toilet with plastic wall/បង�ន#'�kផ̂�ជ�� ង'k�l� (S≤3m2) Set 80.0 CULVERT, BRIDGE AND BASIN/� � �� ន ន�ង�ងទ�ក

22 Cement culvert (w/t installation)/��Y;មCង#,} (Ø 0.30m x 1m) m 6.5

23 Concrete culvert (w/t installation)/�'ប,Yង (Ø 0.40m x 1m) m 8.5


34

No. TYPE OF ASSETS UNIT Unit Cost, USD




28 Wooden bridge/P� ន'ឈE m2 28.0

29 Concrete bridge/P� ន'ប,Yង m2 55.0

30 Basin/�ងទjក (brick wall with 200mm) m3 65.0 FENCE, GATE AND BEAM/�បង ន�ងធ��ម

31 Pole post with bamboo strip/�បងប'�� 'ឈE "ម!យ�o@�A ; Lm 3.0 32 Pole post with net/barbed wire/�បងប'�� 'ឈE gយ!�ប�/ /��ញ# Lm 5.0

33 Concrete post with net/barbed wire

�បងប'�� 'ប,Yង gយ!�ប�/ @!��ញ# Lm 8.0

34 Zinc fence/�បង�9ង:�; m2 10.0

35 Steel barrier fence/�បងច�មjងF�ក m2 15.0

36 Normal brick fence (h:0.8m) with steel barrier/

�បងT�U_�(h:0.8m) �នច�មjងF�ក m2 23.0

37 Normal brick fence, no cover (100mm) /�បងT�U_�ធមX|y,#ប�ក m2 18.0

38 Normal brick fence (100mm) /�បងT�U_�ធមX|ប�ក�� ង m2 25.0

39 Normal brick fence (200mm) /�បងT�U��ធមX|ប�ក�� ង m2 30.0 40 Concrete column or beam (0.2m x 0.2m)/�� @ធzjម'ប,Yង m 14.0 41 Steel fence door/�= ��បងF�ក m2 25.0 42 Column of fence gate/��'B/ ង�= ��បង(0.4mx0.4m) m 26.0

LOGO AND ADVERTISED BOARD/�� ក� ! ន�ង� "ង#$ %� 43 Totem pole for fuel station/]/ ក�� P� ន;យ'�បងTន̂ន� Set 1,200.0 44 Advertised board/]̂�ងផAព=ផ�យ 0� ជ¡កមX Set 80.0 45 Small Cement Lion Status/��បច�/ ក#ក�ន'|�Y;មCង#,} Couple 10.0

5.2 CROP AND TREE 5.2.1 Crop

12. According to the survey, the details of crop prices in the project area are detailed in table 5.5 below:

Table 5.5: Crop prices in May-June 2018

35

Item Description

Yield per year per 100 m2 (one time per year) Year for

Compensation

Unit Cost

USD/ m2 Unit Qty. USD /

Unit Total USD

1 Rice/!"#$ Kg 50 0.300 15.00 1 0.150

2 Sweet potato/*+,-ង/0

Kg 200

0.200 40.00 1 0.400

3 Cassava/*+,-ងម45 Kg 400 0.060 24.00 1 0.240

4 Corn/789 Kg 150 0.200 30.00 1 0.300

5 Sugarcane/;+7< Cane 800 0.025 20.00 1 0.200 5.2.2 Tree T13. he project needs to cut or move some trees in the project area. The impact will be compensated at the market price. In order to simplify the study, perennial trees that growth period more than 5 years have been classified in three types as following:

Sapling tree (1 to 3 years), as it can re-planted – 1/3 of full price,

Young tree (3 to 5 years), bearing some fruit - 2/3 of full price,

Mature tree (more than 5 years), fully bearing fruit: compensate full price.

The full compensation rates are calculated in the table 5.6 below.

Table 5.6: Tree prices in May-June 2018 Item Description Unit Qty. Annual

Yield USD

No. Year to compensate

Unit Cost USD

Seedling Cost

USD/Unit

Full Price (USD)

2/3 Price (USD)

1/3 Price (USD)

1 Mango/get income P= យ(oនផ)

Tree 1 10.0 5 50.0 1.0 51.0 34.0 17.0

2 Mango/no incomeP= យ(ម�នoនផ)

Tree 1 ,-ម/ទ;ផ�� 15.0 10.0 5.0

3 Coconut/get income ��ង(oនផ)

Tree 1 9.0 5 45.0 0.5 45.5 30.4 15.2

4 Coconut/no income ��ង(ម�នoនផ)

Tree 1 ,-ម/ទ;ផ�� 10.0 6.7 3.3

5 Palm tree/get income '|z ,(oនផ)

Tree 1 8.0 8 64.0 0.5 64.5 43.0 21.5

36

Item Description Unit Qty. Annual Yield USD


Unit Cost USD

Seedling Cost

USD/Unit

Full Price (USD)

2/3 Price (USD)

1/3 Price (USD)

6

Palm tree/no income '|z ,(ម�នoនផ)

Tree 1 ,-ម/ទ;ផ�� 12.5 8.3 4.2

7 Tamarind/y�ព�ជ�

Tree 1 6.0 5 30.0 0.5 30.5 20.3 10.2

8 Ampil Teuk/y�ព�ទjក

Tree 1 5.0 3 15.0 0.5 15.5 10.3 5.2

9 Jackfruit/ខzY � Tree 1 16.0 3 48.0 0.5 48.5 32.3 16.2 10 Lemon/�ក>ច¥X � Tree 1 5.0 2 10.0 0.5 10.5 7.0 3.5 11 Kaffir/�ក>ច'�Eច Tree 1 6.0 2 12.0 0.5 12.5 8.4 4.2

12 Custard-apple/ 'ទ§បFខX�

Tree 1 4.5 2 9.0 0.5 9.5 6.4 3.2

13 Soursop/'ទ§បog �ង

Tree 1 5.0 3 15.0 0.5 15.5 10.4 5.2

14 Longan/'ម§ន Tree 1 12.0 5 60.0 1.0 61.0 40.7 20.3

15 Orange/�ក>ច' ធ�P,#

Tree 1 6.0 5 30.0 1.0 31.0 20.7 10.3

16 Guava/�,Fបក Tree 1 3.5 2 7.0 0.5 7.5 5.0 2.5 17 Rose apple/ជ�ព� Tree 1 7.5 3 22.5 0.5 23.0 15.4 7.7

18 Banana 'ចក

Cluster គYម�

1 5.0 1 5.0 0.5 5.5 - -

19 Sapodilla/XY, Tree 1 6.0 3 18.0 0.5 18.5 12.3 6.2

20

Chinese Bamboo ©�A ;��ªកច�ន

Cluster គYម�

1 13.0 3 39.0 1.0 40.0 26.7 13.3

Other Bamboo ©�A ;'ផAង«

Cluster គYម�

1 5.0 3 15.0 0.5 15.5 10.3 5.2

21 Papaya/¬Yង Tree 1 6.0 1 6.0 0.5 6.5 4.3 2.2

22

Acacias/Eucalyptus '�បងខ# /�B�®

Tree 1 ,-ម/ទ;ផ�� 7.0 4.6 2.3

23 Jujube/ពY�� Tree 1 3.0 3 9.0 0.5 9.5 6.3 3.2

37

Item Description Unit Qty. Annual Yield USD


Unit Cost USD

Seedling Cost

USD/Unit

Full Price (USD)

2/3 Price (USD)

1/3 Price (USD)

24 Milk fruit/ទjក'�� Tree 1 9.0 5 45.0 0.5 45.5 30.3 15.2

25 Pomegranate/ទទjម

Tree 1 5.0 2 10.0 0.5 10.5 7.0 3.5

26 Jambolan plum/�ព;ង

Tree 1 6.0 5 30.0 0.5 30.5 20.3 10.2

27 Phyllanthus/កន̂!,

Tree 1 2.5 3 7.5 0.5 8.0 5.3 2.7

28 Angkear Dei/y�� ;

Tree 1 ,-ម/ទ;ផ�� 5.5 3.7 1.8

29 Areca palm/P/ Tree 1 8.0 3 24.0 1.0 25.0 16.7 8.3

30 Marian plum �C ក#'�ពង

Tree 1 6.0 5 30.0 0.5 30.5 20.4 10.2

31

Other tree 7*>ម7ឈ>7ផAងB

tree 1 5.0 - -

38

APPENDIX B: PUBLIC INFORMATION BOOKLET B.1 ENGLISH VERSION

GMS: SOUTHERN ECONOMIC CORRIDOR TOWNS DEVELOPMENT PROJECT

PUBLIC INFORMATION BOOKLET (PIB)

RESETTLEMENT PLAN UPDATING

1. QUESTION: What is the purpose of this Public Consultation meeting?

ANSWER: The public consultations aimed to provide timely and adequate information about the project, inform the APs about their entitlements, enable and consider their views, concerns and suggestions in decision-making regarding project design, implementation and the mitigation measures to address impacts and ensuing issues during implementation. Likewise, it aims to inform all AHs/APs on the various activities such as DMS/SES and other requirements on RP preparation and/or updating.

2. QUESTION: What is the GMS: Southern Economic Corridor Towns Development Project?

39

ANSWER: The GMS: Southern Economic Corridor Towns Development (SCETDP)

GMS Corridor town's development covers 3 GMS countries; namely: Cambodia, Lao PDR, and Viet Nam. In Cambodia, the project is located in 4 towns within the southern economic corridor (SEC); these are Bavet, Battambang, Neak Loeung, and Poipet. Poipet is the northern-most town along the SEC at the border with Thailand in the province of Banteay Mean Cheay. Bavet is in the south at the border with Viet Nam in the Province of Svay Rieng with Battambang and Neak Loeung located close to Tonle Sap and Phnom Penh. The project will support ten priority subprojects which were selected to improve urban infrastructure and enhance climate resilience in the four project towns.

3. QUESTION: Who is responsible for the Project?

ANSWER: The Royal Government of Cambodia (RGC) represented by the Ministry of Public Works and Transport (MPWT) as the executing agency (EA). It established a Project Management Unit (PMU) headed by a Project Director whose task is the over-all day-to-day management of project implementation. IRC through its technical secretariat GDRis responsible for RP preparation/updating, implementation and monitoring particularly on compensation payments and grievances resolution through the project’s grievance redress mechanism (GRM) performed by established Grievance Redress Committees (GRCs) at commune, district and province levels.

4. QUESTION: What are the subprojects and their features? What benefits can we enjoy from these?

ANSWER: The subprojects in Battambang are the Wastewater treatment, Wastewater Treatment Plant and MRF. The MRF is now completed but the wastewater treatment is still under construction and is the subject of this RP. The Wastewater Treatment Plant has no resettlement impacts. These subprojects will result in more economic benefits for the households engaged in various businesses; also improve access and connectivity with towns and provinces within the SEC as well as with Thailand in the north and Vietnam in the east; minimize if not eliminate flooding especially during the rainy season.

ANSWER sub-the subproject will have impacts to rice crop in an illegally occupied land in the ROW, main structures like stores, stores also used as residence/house, secondary structures like gates, walls, pavements and trees located within the ROW and inside the COI. These affected assets may be avoided or minimized because i.) technical measures will be adopted during detailed design stage on the actual alignments of the subproject and ii) through consultations with AHs/APs to determine their views and suggestions on the best options to adopt.

In case the impacts on rice crop, trees, house and structures cannot be avoided, affected households (AHs) will be appropriately compensated at full replacement cost in cash or in kind for their land use, houses/stores and other, structures, crops and trees and even communal properties in order for them to restore their lost assets, resource or income in a condition equal to or better during pre-project levels. Rehabilitation assistance to non-land-based assets will also be provided to APs who will be required to relocate in another location outside of the subproject area.

5. QUESTION: What if my private land will be affected by the Project?

ANSWER: For affected land, full compensation can be in the form of replacement on land or cash on acquired land at current market value. If replacement land for acquired land is the agreed type of compensation between AHs and the Project, the replacement land should be of equal or better productive capacity of the lost land and satisfactorily agreed with AHs. But Project will not provide replacement land to AHs illegally occupying public lands such as those within the ROW; however, they will be compensated for non-land affected assets.

40

6. QUESTION: Do we need to have a land title in order to be compensated?

ANSWER:

i.) Land Law states that “No person may be deprived of his ownership unless it is in the public interest.

ii.) Land acquisition shall be carried out in accordance with the governing procedures provided by law and regulations, and after the payment of fair and just compensation in advance.”

iii.) Only legal possession as provided by law can be transformed to land ownership.

iv.) Any regime of ownership of immovable property prior to 1979 shall not be recognized. (Article 7)

v.) Article 15 states that "the following properties are included as public properties of state and public legal entities: a) any property that has a natural origin, such as forests, courses and banks of navigable and floatable rivers or natural lakes and seashores; b) that is made available for public use such as quays of harbors, port, railways, railways station and airports; or, c) any property which is made available, 7. QUESTION: Does compensation apply to my affected house or structures?

ANSWER: Yes. Houses and structures that will be affected by the Project shall be compensated at full replacement cost without deduction for depreciation or salvageable materials. You will be able to build a replacement structure out of the ROW or shift/move back in remaining areas within the ROW but outside the COI.

8. QUESTION: What about my crops and trees?

ANSWER: For annual crops, AHs will be given 3-month notice that the land on which their crops are planted will be used by the Project and that they must harvest their crops in time. If standing crops are mature and ripening but cannot be harvested, eligible AHs can be compensated for the loss of the not -harvested crops at current market value of these crops. For perennial crops, AHs will be compensated for the loss of fruit and timber trees located within the ROW and compensation for lost income from the produce of the trees (fruit and wood) will be provided until the newly planted seedlings bear fruit. AHs will be awarded the full replacement value of any lost crops when these are mature ready to harvest. QUESTION: What about our common property resources like school building, pagoda, fence of pagoda and school, irrigation, well and ponds? (Are there affected assets such as these you are referring to, if none, please don’t include) ANSWER: For common property resources, the affected land will be replaced in areas identified in consultation with affected communities and relevant organizations. Affected building and structures will be restored to its original and better condition. If income loss is expected (e.g. irrigation, community forest, income from fishpond), the affected village will be entitled to compensation for the total production loss (over 3 years). The compensation amounts should be collectively used for income restoration measures and/or building of new infrastructures.

9. QUESTION: If in case there will be relocation of houses or businesses involved, how can the Project help me rebuild my house during relocation?

ANSWER: Houses or other properties, which have to be relocated or demolished, will be paid for at full replacement cost of new materials and labor and all non-land assets e.g. lost

41

income, transportation, food allowance, among others. This is to ensure that the standard of living of AHs during pre-project levels are maintained or better after the Project. Thus, the Project will provide transportation allowance to relocating AHs and will ensure that any movement of houses, shops or stalls will only be within a short distance from the former sites of structures to be moved/shifted back. Movable shops and market stalls will be relocated in consultation with the owners and in the presence of community representatives to ensure getting permission to create good access to markets from the road.

- Allowances (please choose only entitlements applicable to the nature of affected assets)

• Disruption allowances will be provided to all affected households, relocating AHs, and AHs losing 10 % or more of their productive assets (physical and income generating). The allowance is from USD 35 to USD 200 depending upon the capacity of AHs to engage in income restoration activities during the transition period.

• Assistance to training and employment will be provided to all affected AHs and to affected persons that will lose 10% or more of their productive assets, and those AHs that will relocate in other sites outside of the subproject area. The Provincial and local authorities will provide advice and support to AHs in obtaining vocational/livelihood training and employment for household members; also commune authorities will help them in locating new host communities to ensure integration and acceptance of households in new host communities;

• Transport allowance will be provided in cash sufficient enough to be able to transport possessions. The allowance ranges from USD 20 to USD 70, depending upon type of affected structures and the location of the relocation site

• Allowances to vulnerable groups: USD100 one-time cash assistance will be paid to vulnerable groups comprised of: i.) FHHs with dependents; ii) elderly, iii.) households headed by disabled, iv.) households under the poverty line of USD33 and poor landless households and those with no land titles and v.) to Ethnic minorities/Indigenous people.

• Tenants' allowance will be paid to AHs to be relocated due to loss of house and/or shop that tenant AHs rent.

• AHs losing their lands are exempted from paying any additional expenses such as taxes and transaction costs.

10. QUESTION: When will the detailed measurement, survey be conducted?

ANSWER: The activity will be carried out after the actual alignment has been identified and the COI is established. DMS and SES will be preceded by separate consultations with men and women AHs/APs and vulnerable groups.

The DMS and SES team is comprised of:

- Representative of IRC-Working Group; - DPWT/PIU staffs; - Provincial Resettlement Sub-Committee, also Representatives from District/town, Commune and Village authorities; and

- External Monitoring Organization. - The DMS and SES activities will only be carried out in the presence of the AHs. The AHs and the local authorities will be informed a few days prior to the activity.

11. QUESTION: If there will be disagreements or grievances/complaints during RP implementation such as compensation, technical and general project-related disputes,

42

do I have the right to voice my complaint? Where and to whom will I send my complaint?

ANSWER: Yes. If the AH is dissatisfied with the compensation package offered or, if for any reason, the compensation payment was not paid on time according to the agreed schedule or there are errors in the measurement of affected structures and errors in computation of compensation, the AH has the right to file a complaint through the project’s grievance redress mechanism (GRM) which has several stages or levels: a,) Stage 1: Affected Household (AH) submits a letter of complaints to the Village or Commune Resettlement Sub-committee acting as Grievance Resettlement Committee (GRC). If complainant AH finds difficulty in preparing and filing the complaint, AH may seek the help of an NGO to prepare in his/her behalf the letter of complaint and NGO accompanies AH to the village/commune GRC offices to file the complaint. Village/Commune GRC has 15 days to act and resolve the complaint. But if after 15 days, nothing is heard from the village/commune GRC or if the AH is dissatisfied with the decision of the commune GRC then the complaint is elevated to the District Resettlement Sub-committee acting as the District GRC b.) Stage 2:

Once the complaint is received by the District Resettlement Sub-committee acting as the GRC, it has 15 days within which to act and resolve the complaint to the satisfaction of all concerned. If the complaints cannot be solved in this stage or if the AH is not satisfied with the District GRC’s decision, the district office brings the complaints to the Provincial Resettlement Sub-committee acting as the Provincial Grievance Committee.

c. Stage 3: The Provincial Level Grievance Redress Committee meets with the aggrieved party and tries to resolve the complaint. The Committee may ask for a review of the DMS by the EMO. Within 30 days of the submission of the complaint, the Committee must make a written decision and submit a copy of the same to MPWT (EA), GDR- which in turn provides a copy of the decision to the IRC and the AH.

d.) The Court Procedures. If the aggrieved AH is not satisfied with the solution made by the Provincial Grievance Redress Committee based on the agreed policy in the RP, the complaint is filed with the local courts for litigation under the rules of court. During the litigation of the case, Royal Government of Cambodia will request from the court that the project proceed without disruption while the case is being heard. The Royal Government of Cambodia shall implement the decision of the court. This mechanism will not impede AHs access to the country’s judicial and administrative remedies

- The AHs may present their complaints to the concerned local administrative officials and grievance committees and may be helped to do this by a NGO. Attempts will be made to settle the issues at the commune level through community consultation, involvement of social and resettlement experts as required, NGOs and mediators and facilitators if required.

The concerned resettlement committees will properly document all complaints and resolutions. AHs will be exempted from all taxes, administrative and legal fees.

12. QUESTION: What is the cut-off date for eligibility? The cut-off date eligibility for

Cut-off date is: 10. May 2019

Any new construction of new structures within the corridor of impact (COI) after the cut-off date is considered illegal and not eligible nor entitled for compensation.

If you have further queries and suggestions, please contact us at:

i.) Provincial Department of Public Works and Transport in: Battambang

ii) ADB’s Cambodia Resident Mission in Phnom Penh.

Phone: 023 215 805

43

Fax: 023 215 807

(iii) Social and Environment Office (ESO)/PMU/MPWT Address: Department of Planning Norodom Blvd. & Street 106, Phnom Penh

Phone: 012451545

Fax: 012451545

(iv) Inter-Ministerial Resettlement Committee, Resettlement Department, Ministry of Economy and Finance (Phnom Penh)

Tel/:012 779 552

Fax: 023 426 682

(v) Grievance Redress mechanism

Battambang Province:

- Ratanak Commune, Tel: 092 766 727

- Prek Prah Sdach, Tel: 092 752 096

44

B.1 KHMER VERSION

45

46

47

48

49

50

APPENDIX C. MINUTES OF PUBLIC CONSULTATION

Minutes of the Public Consultation Meeting with AHs/APs

in Beng Village, Anlong Vill Commune (Translated from Khmer version prepared by IRC-WG

Date of the Meeting: May 10, 2019 Time: 8:30 am at Beng Village Villages: Beng Participants and Facilitators to the Meeting

1. IRC working group members

2. Battambang Provincial Resettlement Sub-committee members

3. Key officials from Battambang town authority, commune chief and village leader and APs as indicated in sex-disaggregated participants’ attendance list.

Opening remarks of Meeting

i.) Mr. Sok Phally, Chief Governor of Sangke district gave the opening remarks. He thanked

the IRC-WG members and raised beneficiaries of whole Sangke district a Drainage

construction Project. He cited the big contribution of the construction of the South canal of

storm drainage in permanent mitigation of the perennial flooding of the town’ business

center which affects some economic. accelerating economic development of the town. He

also cited the benefits of the subproject not only for this villages in Anlong Vil commune but

to the all Sangke district in Battambang town. He apologized to the affected households for

the temporary inconvenience that the construction of the storm drain may bring to the

commune residents, but once constructed will result in long term benefits for them. He

further exhorted them to attend and participate in all scheduled field activities related with

resettlement and support the IRC working group. Also, to ask and clarify questions to

lessen if not eliminate their doubts and worries.

ii.) Mr. An Disan Deputy Team of IRC-WG, explained the process of resettlement as following:

- He told that the source of budget that will be spent in the project comes from an ADB loan and resettlement cost is shouldered by the Government as its counterpart to the project.

- He also spoke about the procedures involved in the detailed measurement survey and he shared to the APs that the affected assets to be subjected to the DMS are main structures like stores cum living quarters, stores, secondary structures like awning eaves, business signage, doors and fences and trees among others.

- Furthermore, he enumerated the resettlement process from data collection (DMS and SES), data processing, preparation of updated RP based on DMS, SES and RCS results, contracting for compensation, actual payments of compensation as per entitlement policy, site clearing etc. He enjoined the APs to actively participate and cooperate during the DMS and SES conduct, started on 10 May 2019 and finished 12 may 2019 as well as the entire project implementation.

- Cut-off date for this Project: 10 May 2019

51

Questions and Answers

At the open forum, participants raised the issue on fast racking the clearing operations and excavations so that their domestic and other economic activities are not hampered and they will not be affected for a longer time. They also cited the need for the contractor to put some planks as paths for easy access to and from their stores or assets which will be moved back outside of the COI in remaining viable public lands as well as their secondary structures to be properly compensated.

Asked about how much the compensation cost for affected assets and the representing IRC is working group informed the APs that an independent firm will be hired independent Consultant to do the replacement cost study to determine the compensation cost per affected asset. He further said that another consultation will be conducted to disclose the results and the updated RP and plan for the contracting schedule for compensation payments.

At the end of the meeting Mr. An Disan requested the people to actively participate and support all field data gathering activities based on agreed schedule with IRC working group. The meeting was adjourned at 10:30 am in happy mood where APs were all clarified with the forthcoming activities and APs’ expressed their interest to participate in the DMS and SES. The updated PIB was distributed to the participants.

Recorded by Chhay Villa

Photos on the public consultation

52

APPENDIX D. PUBLIC CONSULTATION LIST OF PARTICIPANTS

Attendant List

Date: 10 May 2019

No. Name Sex Organization Occupation Telephone Signature

1 An Disan M GDR/MEF IRC-WG 012779552

2 Chhay Villa M

IRC-WG/

MPWT

IRC-WG

012443434

3 Phat Sokha M Beng Village Villager

4 Hong Kim Heang M Beng Village Villager

5 Dek Ang M Beng Village Villager

6 Oeng Mengky M Beng Village Villager

7 Chhom Kosal M Beng Village Villager

8 Thit Leang M Beng Village Villager

9 Pin Nang M Beng Village Villager

10 Keo Bunthy M Beng Village Villager

11 Ya Chana F Beng Village Villager

12

Sophorn Raksmey

ratana M

Sangke

District

Admin

13 Mot Hak M Beng Village Head 092871399

14 Sok Phally M

Sangke

District

District

Officer

012990386

15 Sok Hoeurn M

Sangke

District

Chief of

District 061656575

53

54

APPENDIX E. ORGANIZATION CHART ON INSTITUTIONAL ARRANGEMENTS

55

Annex F: GRM Complaints Formats

[ Khmer ]

56

Individual Complaint Form

Project Name: ______________________

Date of Complaint:

DMS No. (if known): __________________

Name of Complainant:

ID Number:

Family Book:

Contact (Mobile No):

Address:

Summary of Complaint:

•

•

List of Supporting

Document/Evidences

Name: (Head of Household)

Sign/Thump Print:

Date:

Greater Mekong Subregion Southern Economic Corridor Towns ... · (South Earth Canal 2,277m Trapezoidal Earth Canal - Additional Scope) Prepared by the Ministry of Public Works and

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