Resettlement Completion Report · 2014. 9. 29. · Resettlement Completion Report Annual Report 17 October 2013 MON: Urban Development Sector Project — Botanic-Sharkhad Road Subproject

Resettlement Completion Report

Annual Report

17 October 2013

MON: Urban Development Sector Project —

Botanic-Sharkhad Road Subproject

Prepared by Purevsuren Dorjnamjil, Resettlement Specialist, Project Management Unit for the Government of Mongolia and the Asian Development Bank.

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This resettlement report 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.

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.

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RESETTLEMENT COMPLETION REPORT FOR

BOTANIC-SHARKHAD ROAD SUBPROJECT

Prepared by Purevsuren Dorjnamjil, Resettlement Specialist

Project Management Unit of L2301-MON: Urban Development Sector Project

17 October 2013

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CONTENTS

INTRODUCTION .................................................................................................................................. 5

LARP DEVELOPMENT ...................................................................................................................... 7

LARP IMPLEMENTATION: ............................................................................................................... 8

PHOTOS OF LAR .............................................................................................................................. 10

CHALLENGES ................................................................................................................................... 23

CONCLUSION .................................................................................................................................... 23

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INTRODUCTION

ADB funded L2301–MON: UDSP started its resettlement activities at the end of the 2008 according to the provision G-34 of Loan Agreement between Government of Mongolia and Asian Development Bank. The Resettlement Plan Implementation Committee (RPIC) for the Botanic-Sharkhad Road Improvement subproject, formed on 5 August 2010 under Resolution 559 of the Governor of Ulaanbaatar, was responsible for the implementation of the LARP for the Botanic-Sharkhad Road Improvement Subproject LARP. The RPIC, which included representatives of the Lands Department and the Property Relations Agency, was responsible for identifying the owners and occupants of affected land and valuating the properties of APs. With the support of the PMU, the Ulaanbaatar PIU was responsible for the development and implementation of the LARP for the subproject. Overall, it was the PMU, the Ulaanbaatar PIU, and the BZD LAD who were responsible for adequate supervision of the implementation of subproject LARP. Monitoring of compliance with the LARP and the LARF during implementation has been carried out by the Ulaanbaatar PIU together with the PMU. The Land Acquisition and Resettlement Plan (LARP) for the Botanic-Sharkhad Road Improvement Subproject under the Urban Development Sector Project (Project) has agreed upon between the Government of Mongolia (GOM), the Government of the Capital City of Ulaanbaatar and the Asian Development Bank in 2011 and has been uploaded in ADB website on May 2012. The policy framework and entitlements for this LARP were based on the Land Acquisition and Resettlement Framework (LARF) for the Project (revised May 2009), the applicable Mongolian Laws and the ADB Involuntary Resettlement Policy (IRP) of 1995. Subproject site and ROW: The proposed road is located in Khoroos 8, 9, 10 and 17 within Ulaanbaatar‘s Bayanzurkh District. 10 August 2010 under Resolution 567 of the Governor of Ulaanbaatar, 16.25 hectare land has been allocated for the road. The total length of the proposed road is 6.6 km. Its width, including the shoulders, is 9-12 m, and sidewalk width is 7-8 m. The road will be constructed with asphalt concrete and will have sidewalks and shoulders on both sides, with street lights located on one side of the road. Other infrastructure will include surface and ravine water drainage facilities, traffic signs, and traffic lights. Scope of LAR impact: Only some portions of the road right-of-way were involved land acquisition and resettlement (LAR); other portions intended to be built on public land. As a result of effort to avoid and minimize the resettlement according to ADB policy, a total of 72 affected entities, including 67 private households, one commercial entity and four institutional entities were affected. Of the 67 households, 64 affected households were enumerated in the census. Three households were unable or unwilling to participate in the census. Within the 64 participating affected households, there were 271 APs, 129 male and 142 female, 96 of which were children (under 18 years of age). Out of 67, 9 households were female headed and 37 HHs considered as a vulnerable HHs. Total of 6,182.98m2 land including 3,314.68m2 residential land has been affected. A total of 2,837.3m2 of institutional land has been affected. In addition, 31m2 of commercial land has been affected. Fences, walls and gates totaling 2,795m in length and belonging to 70 affected entities needed to be moved or replaced. Other affected structures included three residential houses, a commercial structure, 21 latrines (one of which has a concrete foundation, another has ventilation), 19 trees/bushes, eight sheds and three cesspits. Resettlement plan Implementation Committee: The RPIC formed in August 2010 was responsible for the implementation of the Botanic-Sharkhad Road Improvement subproject LARP. Close coordination and commitment between all stakeholders has been facilitated by the participation of the following members:

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B. Batzorig: District Governor of Bayanzurkh, District B (Chairman)

Ts. Mandal: Governor of Khoroo (Vice Chairman)

B. Zuvtsetseg: Resettlement Specialist & Director of PIU

D. Purevsuren: Resettlement Specialist & Representative of PMU

T. Buyandelger: Director of Land Utility and Registration Office & Representative of City Lands Department

A. Enkhmanlai: Director of Lands Department, Bayanzurkh District, & Representative of City Land Department

S. Ariunjargal: Registration Specialist & Representative of City Property Relations Department

S. Tsetseg, D. Narantsetseg, & D. Jargalsaikhan: Governors of Khoroos 9, 10, 17 Khoroos, Bayanzurk District.

A workshop on ‗Land Acquisition and Resettlement in the Implementation of ADB Financed Urban Development Projects in Mongolia for Key Stakeholders of the Urban Development Sector Project‘ was held at the Bayanzurkh Governor‘s Office with concerned government officers, including RPIC members and other stakeholders of the subproject in 31 August 2010. The participants were trained on the legal framework of the project, including applicable Mongolian Laws, ADB IRP and the UDSP LARF, and the steps of the process of LARP preparation and implementation. The RPIC had organized two meeting during the LAR and discussed issues faced. Consultation and public participation: The draft LARP for the Botanic-Sharkhad Road Improvement Subproject was disclosed at a community meeting attended by all APs in a public facility in the Bayanzurkh District on the 24th of May 2011.The APs were provided with a Mongolian translation of the LARP. The legal framework under the Project LARF, the compensation entitlements and the grievance and monitoring procedures were reviewed and discussed. After clarification of many concerns among APs and a second measurement of various properties, the majority of APs concurred with the compensation strategy indicated in the LARP. Clarification of questions on ownership status for remaining unlicensed land, on land sizes and on compensation modalities has been incorporated into the revised draft LARP, which was disclosed to the APs in September 2011. Grievance redress mechanism: The Resettlement Plan Implementation Committee (RPIC) for the subproject, the key institution in the grievance redress process, was formed on August 5th, 2010 under Resolution 559 of the Mayor of the Capital City and Governor of Ulaanbaatar. The grievance redress mechanism had 4 steps to solve the grievances. However none of the written grievances have been received and all opinions and grievances raised during LAR have been solved with the support of resettlement specialist. Compensation strategy and budget: Losses of land and structures, as well as transaction and relocation costs for each AP have been covered in the Project cost. The allocated budget for land acquisition and resettlement for Botanic-Sharkhad sub project has been financed by the state including compensation, costs for transaction and relocation as well as for contingency and was amount to 213,983,435₮ or 166,398.25$ out of 234,239,478.51₮ or 187,391.58$ that was stated in the LARP.

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Table 1: Status of LAR

Total number of affected

entities

72 Out of

which:

Contract concluded 69

100% compensation received 67

75% compensation received (BSH 70)

1

Not received (BSH008) 1

Contract not concluded 3

Unnecessary for contract (BSH 058)

1

Unclear occupant (BSH039) 1

Nonnegotiable (BSH025)

1

Land acquired 67

Contract concluded, but

not acquired the land

(BSH008, BSH070)

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LARP DEVELOPMENT

Out of total 72 affected entities, 67 were private households and 5 were public institutions and private entities. Most of the affected entities were partially affected (e.g., loss of fences and small structures); only 8 households were required to be relocated due to full land loss. The following points summarize the progress of the LARP preparation:

PIU paid more attention on avoiding and minimizing the impact of the resettlement and final map has prepared after changes made twice in order to minimize the impact by shifting road centre line.

Based on the final map, the Land Administration Department (LAD) of Bayanzurh District (BZD) has prepared list of affected persons (APs) in January 2011.

Census and socio-economic survey were taken place in January and February in 2011 by PMU resettlement specialist. Totally, 64 affected households were enumerated in the census and 30 people from 19 HHs have been involved in socio-economic survey. General information on other affected entities was collected informally.

At the time of conducting the AP census, the cut-off date of 25 Jan 2011 for the subproject was publicly notified in the subproject area, including at the offices of the Governors of affected Bags and shops and household fences. The APs have also been notified individually by the BZD LAD using a notification form specially designed for the Project.

Detailed measurement survey of land and properties has been done by specialists of Property Relations Agency of Capital city, BZD Land Department and PMU jointly in Oct 2010- Jan 2011.

Valuation of the properties of affected persons has been done by Property Relations Agency according to the LARF of the project in March 2011 and has been revised in July 2011 without any depression of the affected properties.

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The draft LARP of the sub project has been developed pursuant to LARF and was disclosed to APs on 24 May 2011 in two meetings at the 9 and 10th khoroo offices. Relevant specialists from the Property Relations Agency, CLAD and BZD LAD, international consultant of resettlement, and Project Implementation Unit (PIU) staff attended in the meetings. APs were provided with a Mongolian translation of the key sections of the LARP. The legal framework under the Project LARF, the compensation entitlements and the grievance and monitoring procedures were reviewed and discussed. During meetings, questions on ownership status for remaining unlicensed land, on compensable land sizes and compensation rate were raised. Some of APs has requested to check their land size, which has been done next day clarifying affected land size thoroughly by land officers. Most of affected people except from BSH 002, 003, 008, and 16 were supportive to the project and satisfied by the compensation strategy.

The Project team compared the valuation of land provided by the City LAD and survey on market value done by itself and decided to apply 18,500MNT per 1m2 land according to market rates; however, some APs considered the cost as unrealistic; therefore land market valuation in Botanic-Sharhad area was re-conducted by a contracted valuation specialists. Based on the valuation survey in June 2011, compensation has been estimated that 1m2 land costs 21,600MNT for the location of first 17 households and land for the rest households costs 18,500MNT. This amount of compensation also approved by government officials and agreements were then signed with the APs.

Additionally, the initial draft of LARP has been introduced to the Governor of BZD, Deputy director of Governor, directors of the BZD LAD and Department of Manufacturing and Service of the District and took their opinions. Clarification of questions raised during disclosure meetings was incorporated into the revised draft LARP and it has been approved by ADB and GOM and published on the ADB website on May 2012.

Conducting socio-economic survey Distributing notifications

LARP IMPLEMENTATION:

As of 20 October 2013, out of 72 APs, 69 concluded contracts, 67 APs acquired land, which were mostly partially affected and received 100% of entitled compensation, 1 received 75% of compensation, but not fulfilled his duty as stated in the contract. 1 AP has concluded contract in 2012, however, has not notarized the contract yet as he all the time was absent.

Fences, walls and gates totaling 2765 m and belonging to 68 affected entities removed. Three residential houses and a commercial structure has been rebuilt within the boundary of remained lands. 21 latrines (one of which had a concrete foundation, another has ventilation) and three cesspits also have been removed and rebuilt.

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A buyer of one affected plot has removed fence back outside the ROW while building new fence. He claimed he has no intent to make a contract and receive compensation.

There are 2 APs that need to be taken into consideration for further work: BSH 039 remains to be identified (no any structures on the plot). PIU and LAD jointly paid attention to make identified this AP, but there was no address and phone number registered even at the khoroo office. BSH025 whom we could not negotiate during last 2 years. The AP wanted to receive baseless compensation for her 75 m2 affected land.

Negotiation with some APs continued almost three years. For instant, resettlement issue of National Centre for Mental Health became an issue between the Ministries of Health and Road, Transport, Construction and Urban Development. Several times official letters have been sent to the National Centre for Mental Health (NCMH) and Ministry of Health by the J.Bat-Erdene, State Secretary of the MRTCUD and Governor of Bayanzurkh District. However, negotiations could not reach. Only in August 2013, the team could negotiate with newly appointed director of the centre. The AP fully compensated and acquired the land.

All affected entities that concluded contract with the project have received the compensation as specified in the approved LARP.

Relocated people: Most of land loss was partial loss. Only 8 households with 32 persons were required to be relocated. These 8 households without land certificates have lived for 2-5 years in these areas and had no chance to register the land as some of them located on the slop on the mountain, some located on the way of flood. These lands were unlegalizable. In accordance with the ADB policy, land for these AHs has to be similar with previous land and not negatively affect their living standard. However, to find the suitable land in this area has become big problem for the project and LADs. Since August 2011, PIU sent several letters to the City LAD and district LAD on this matter and organised meetings with the related officers. BZD LAD stated in the letter 554 on 29 June 2011 that there is no possibility of allocating land in the district are for the 8 displaced households required to relocate, but there may be elsewhere in the city. Beside that, the governor of the district noted during a meeting on 31 August 2011 that there is no land available to provide within the city. The location of land allocation in the city ranged 30-40 km from the city centre. The resettlement specialist and APs together with land specialists tried eagerly to seek for vacant plots around Uliastai, Honhor and Sharhad areas. At the end, only 4 of the relocated HHs could obtain the land. One AP relocated in 5th khoroo of the same district, 1 AP relocated in Chingeltei district, another 2 were relocated in 9th khoroo of Bayanzurkh district. All 4 HHs got land certificate. For other 4 HHs , they relocated to the another location without requiring temporary shelters. 2 of them relocated to Zuunsalaa, one lives in father-in-law‘s plot in Chingeltei, and 1 went to rural area for a long time for work. Ch.Bat-Undrah, head of land acquisition division of CLAD responded that the division will try to allocate land for the rest APs in Zuunsalaa where APs wanted to have plots. Zuunsalaa is located in Songino-Khairkhan District. However, we do not have any information now whether these HHs allocated land or not. Land officers informed us the APs did not come to seek land any more. APs were pleased about that the project pays relocation cost and compensation for fence, latrine and business loss. There were no pressure from LAD to acquire the land and APs relocated at their own initiative.

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PHOTOS OF LAR

BSH001

before after

BSH002

before after

BSH003

before after

BSH004

before after

BSH005

before after

11

BSH006

before after

BSH007

before after

BSH009

before after

BSH010

before after

BSH011

before after

12

BSH012

before after

BSH013

before after

BSH014

before after

BSH015

before after

BSH016

before after

13

BSH017

before after

BSH018

before after

BSH019

before after

BSH020-24

before after

14

BSH021 received land with size 366m2.

BSH026

before after

BSH027

before after

BSH028

before after

BSH029

before after

15

BSH030

before after

BSH031

before after

BSH032

before after

BSH033

before after

BSH034

before after

16

BSH035,36

before after

BSH037

before after

BSH038

before after

BSH040, 41

before after

BSH042

before after

17

BSH043

before after

BSH044- 46

before after

BSH044 got plot 700m2 and received ownership licence.

BSH 045‘s new plot is 500m2 with possession licence.

BSH 046‘s new plot is 436m2.

BSH047

before after

18

BSH048

before after

BSH049

before after

BSH050

before after

BSH051

before after

BSH052

before after

19

BSH053

before after

BSH054

before after

BSH055

before after

BSH056

before after

20

BSH057

before after

BSH059

before after

BSH060

before after

BSH061

before after

BSH062

before after

21

BSH063

before after

BSH064

before after

BSH065

Before After

BSH066

before after

BSH067

before after

22

BSH068

before after

BSH069

before after

BSH071

before after

BSH072

before after

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CHALLENGES

Bidding process for selection of executing company has been taken too long.

Land specialists have changed several times.

Negotiation with some APs continued almost two-three years. According to the Resolution No.92 ―Regulation on land acquisition and housing in ger area of the City‖ issued by Citizens Representatives Hural of Capital city on 27 June 2011, in first turn, 1m2 land has valued equal to 100, 000MNT in 7th micro khoroo of Sukhbaatar district and households started to acquire the land receiving houses as compensation for 1m2 land making fit to 100,000MNT. This resolution made ger area residents to understand that land cost is increasing everywhere in ger area and it influenced negatively for the project in making contract with 2 HHs. Negotiation with these APs took two years since June 2011 to July 2013. Beside that, negotiation with National Centre for Mental Health took three year. Only in August 2013, the team could negotiate with newly appointed director of the centre.

Lack of adequate land for unlicensed affected persons. We have learnt from the sub project that compensation by replacement land for fully affected unlicensed land is becoming unrealistic in UB city. There is no land reserve to allocate to the citizens within UB city area. Therefore, adequate compensation strategy needs to be developed for those unlicensed persons so that their livelihood not worsened off than without project. The issue of relocated persons has become the biggest issue of the LAR.

CONCLUSION

Generally, the land acquisition and resettlement for Botanic-Sharkhad subproject

under Component B – Improvement of Urban Road completed successfully as stated in the approved LARP and LARF ADB funded L2301-MON: Urban Development Sector project. None of displaced people‘s livelihood worsened by the project. The land acquisition and resettlement were done in accordance with the Asian Development Bank's (ADB's) Involuntary Resettlement Policy (1995) and ―Bank policy implementation manual‖ ( 2006).

Implementation of LAR considers as 96% according to the LARP. Out of 72, 69 affected entities had concluded contracts and 67 acquired the land. There are three HHs left with problem: 1 of which absent (contract needs to be notarized), 1 is unidentified and the other one is not negotiable.

4 times bidding process for selection of contractor is negatively influenced on the LAR. Upon cut off date, several households resided at the planned last point of the road and built some structures ignoring notifications and warning given by the project team and land specialists. PIU sent 4 official letters in this regards, however, LAD had an attitude that once road civil work starts, then to evict the illegal residents. Therefore, the project team considers that civil works should not be delayed beyond the planned time.

Many problems occurred during preparation and implementation of LAR process related to name of landowner, size as well as differences of registered cadastral maps at the city and district land departments. The team spent much time to solve these kinds of problems. It is required to insert proper information to the data base and renew and update timely. That would allow any projects and programs to be implemented in a timely manner without any delays.