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Resettlement policies in Laos.pdf

Jun 02, 2018

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    Resettlement

    Policies

    andPracticesinLaoPDR

    Jointly Presented by: Mr. Daovong Phonekeo, Director General, Department of Energy

    Policy and Planning, Ministry of Energy and Mines Mrs. Bouakeo Phounsavath, Director of Legislative Division,

    Department of Environmental and Social Impact Assessment

    (DESIA), Ministry of Natural Resources and Environment(MoNRE), Lao PDR.

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    Lao

    PDR:

    National

    Energy

    Policy

    and

    the

    history

    Country Background

    Population of 6.4 mil or ~27 people/square kilometers; Per capita GNI of US$ 1,026 and GDP is expected to grow at an average rate of 7.7%

    during 2011-2015; Electrification ratio reached 80% or 1,060,413 households in 2012, increased from 19% in

    1996; Per Capita Electricity Consumption of 470 Kwh/a but has been growing at an average rate

    of more than10% in the last 15 years; Electricity export ~ 15% of total countrys export revenues; Power sectors contribution to GDP is projected to increase to ~16% in 2020;

    Installed capacity is 3,200 Mw in 2012 and will be 12,500 Mw in 2020, substantially all hydro and about 85% is planned for export; Hydro potentials in Laos is about 26,000 Mw High demand for electricity supply from neighboring countries, Thailand for 7,000 MW and Vietnam 5,000 MW, Cambodia 200 MW by 2020 Hydropower development is, therefore one of the most rapidly growing sectors in Laos

    The government of Lao PDR (GoL) is in process of liberating its country from the status of least developed country by 2020. National Policy on Environmental and Social Sustainability of the Lao Hydropower Sector

    was issued in 2006;

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    Map of OperationDam and Planned

    Hydropower in LaoPDR 2012

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    Data Source: Government of Laos (2011a)

    Total number of PowerProjects in Laos

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    Lao PDR: National Energy Policy

    o Maintain and expand affordable, reliable andsustainable electricity supply to promote

    economic and social development. ElectrificationRatio to exceed 90% by 2020;

    o Improve and expand transmission networks tosupport the industrialization and modernization

    policy, and to integrate the power sector in theASEAN community through its power exchangeprograms;

    o Tap the countrys large hydropower potentials

    with the participation of private developers;o Promotion of Renewable Energy to reach 30% by

    2025 with reasonable feed-in tariff.

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    The total number of affected people by Hydropower projects in Lao PDR

    No. Name of ProjectInstalled

    Capacity

    Social Environment / People and household affected by theproject

    # Village # household # People

    1ExpansionTheun Hinboun

    280 MW 11 800 4,800

    2Selabam 5 MW No resettlement

    3Se Xet 2 (State Utility) 76 MW No resettlement

    4Se Xet 1 45 MW No resettlement

    5Nam Mang 3 40 MW Resettlement = 1,200 Peoples

    6Nam Lik 1-2 100 MW 7 ? 3,127

    7Nam Ngum 1 155 MW Resettlement = 3,242 Peoples

    8Nam Ngum 2 615 MW 16 1,099 6,234

    9Nam Ngum 5 (IPP) 120 MW 1 49 994

    10Nam Theun 2 1070 MW 16 1,300 6,200

    Total: 2,726 MW 51 3,248 25,797

    Data Source: www.poweringprogress.org

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    On-going Efforts to Address the

    Environmental and Social Challenges

    Institutional Arrangements:

    o Ministry of Natural Resource and Environmental (MoNRE

    Contractual agreement (CA) negotiation and monitoring toensure that Standard Environmental and Social Obligations(SESOs) are incorporated into the CA and complied ) throughDepartment of Environmental and Social Impact Assessment

    (DESIA), established to develop and disseminate policies andlegal framework and review ESIA compliance

    o Ministry of Energy and Mines in charge of energy promotion anddevelopment promotion and by the project developers.

    o Provinces through PoNREs and PEMO responsible for SIA andresettlement compliance monitoring and reporting to theirrespective ministries (MoNRE and MEM)

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    On-going Efforts to Address theEnvironmental and Social Challenges

    Legal framework:

    o The Environmental Protection Law (EPL), dated 1999 and the Decree on

    the implementation of the EPL, 2001o EIA Regulation No 1770, dated 3 October, 2000

    o Decree No 192/PM, dated 7 July, 2005 on the Compensation andResettlement of People Affected by Development Projects

    o

    Regulations No2431/STEA for Implementing the Decree 192/PM onCompensation and Resettlement (C & R)of People Affected byDevelopment Projects

    o Technical Guidelines, 2005 on Compensation and Resettlement inDevelopment Projects.

    o General Guidelines on Public Involvement in Development Projects (2013)o Decree on the establishment of Environmental Protection Fund (EPF),

    2005

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    Number Electric

    Step Amount IEE EIA TOR

    Annex

    CA

    1 Operational 14 2 7

    2 Under

    Construction 10 2 8 9

    3 Planning

    Stage 24 1 14 4 34 MOUFeasibility 37 4 7 5

    85 9 36 9

    Where are we now ?

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    However, review of ESIA compliance and on the ground compliance

    monitoring remain a challenge;

    Legal reinforcement and monitoring capacity of the nationalimplementing agencies particularly the provinces are still

    relatively weak to manage the rapid growth of the hydropowerdevelopment projects;

    Lack of independent (third party) monitoring agencies and heavilyreliance on overseas TA and expertise;

    Lack of legal awareness among local people and their participation.

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    On-going and pipeline projects to strengthen

    SIA and resettlement managemento Lao Social and Environmental Project, (LEnS) 2006-2013 supported by the

    WB through EPF aiming to assist the GoL (MoNRE, provinces, NUOL,LFNC) to strengthen the management of environmental and social issues

    associated with the sustainable use of natural resources in Lao PDR.

    o Technical Assistance for Hydropower and Mining Sectors (HMTA) to MEMsupported by the WB, 2010-2014.

    o Strengthening Environmental Management Project (SEM II), supported by

    SIDA, years 2008-2011.o Environmental Management support Program (EMSP), supported by

    Finland (2012 - 2015).

    o Strengthening and Use of Country Safeguards Systems (TA 97566-REG)supported by ADB 2011.

    o Project for Strengthening Natural Resources, Environmental Social ImpactManagement to be expectedly multi-donor trust funded current underconcept discussion.

    o NT2 Hydropower project as a learning model of ESIA and resettlement

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    Lao experience in

    resettlement in thehydropower sector in the

    past decadewith the case of NT2

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    A Cornerstone for Poverty Reduction in Laos

    Major revenues to GOL during NT2 project operation

    Royalties, taxes and dividends increasing from 25 to 140 MUS$ per year,with a total of 2000 MUS$ over the 25 years concession period (as from2010 7% to 9% of the country budget )

    Revenues to be used for poverty reduction in Laos within a GOL revenue

    management scheme Project transferred to Government of Laos after 25 years of operation by

    NTPC

    Direct benefits for local people

    270 Km of roads built or upgraded

    Major improvement in living condition for the 6500 people resettled

    A 76 MUSD environmental and social program

    Employment for up to 8000 Lao workers during construction

    1 MUS$ per year, paid by the project, for the protection of the NBCA (fromFC till end of concession = 31 MUSD in total)

    Benefits for Thailand and Lao PDR

    Competitive energy Saving over 200MT of CO2 over the concession period

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    Legal framework for NT2Resettlement

    GoL Resettlement Policy for NT2 and otherGoL Decrees

    Concession Agreement (CA)

    Social Development Plans (SDPs)(The parties to the CA agreed that the

    SDPs would be used for the purpose of

    identifying and addressing the Project Impacts)

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    Resettlement Objectives

    Ensure that Resettlers have their income

    earning capacity enhanced and achievethe Household Income Target;

    Materially improve Resettler livelihoods on

    a sustainable basis; Apply special measures to improve the

    socio-economic status of ethnic minoritiesand vulnerable persons;

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    Household Income target (HIT)

    The greater of:

    - The then current National Poverty Line,multiplied the number of persons in thehousehold; and

    - LAK 1,420,800 per person, multiplied by the

    number of persons in the household ( whichis equivalent to USD 1,200 per averagehousehold in June 2002)

    - CA states that HIT should be measured at theend of year 5 of the RIP;

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    Major improvement of living

    conditions for families

    resettled on Nakai Plateau

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    Livelihoods Support

    Agricultural plots - 0.66ha/household

    Fisheries, with boats and

    equipment supplied by NTPC Improved livestock techniques

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    Village Forestry Association

    and off-farm income

    Livelihoods Support

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    Public Health Program

    Infrastructure / equipment / vehicles /medicines

    Training and capacity building (morethan 1,000 people trained)

    Health education & awareness (morethan 30,000 people involved)

    Public health monitoring and surveillance

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    Thank You