RP56
Vol. 5
Hubei Small Hydropower Development Proiect
Transmission Lines Project
Resettlement Policy Frame
International Section of Department of Finance in Hubei Province
East China Investigation and Design Institute
November, 2001



Resettlement Policy Frame
CONTENT
OBJECTIVES OF THE RAPAND THE DEFINITION OF RESETTLEMENT TERMINOLOGY..... 2
1. GENERAL .............................................................................4
1.1. PROJECT COMPONENTS ............................................................................4
1.2. PROJECTDESCRIPTION ............................................................................4
2. LEGAL FRAMEWORK AND RESETTLEMENT PRINCIPLES ......................................................5
2.1. PERTINENTLEGALREGULATIONS ............................................................................S5
2.2. RESETT'LEMENTPRINCIPLES .............................................................................8
3. COMPENSATION PRINCIPLES .............................................................................8
3.1. LAND COMPENSATION STANDARD .............................................................................9
3.2. COMPENSATION STANDARD OF SCATTERED TREES .............................................................................9
3.3.   SOURCE OF FUND FOR RESETTLEMENT .............................................................................9
3.4. FLOW OFFUNDS ............................................................................              10
4. MEASURES FOR PRODUCTION REHABILITATION ................................................................... 10
5. IMPLEMENTATION ARRANGEMENTS .....................................              ....................................... 10
5.1. INSTITUTIONAL ORGANIZATION ............................................................................  10
5.2. PREPARATION OFRESETTLEMENT ACTIONPLAN ............................................................................  10
6. PUBLIC PARTICIPATION AND APPEAL ............................................................................  11
6.1. PUBLIC PARTICIPATION ............................................................................      11
6.2. RESPONDINGTO GRIEVANCEAND APPEAL ............................................................................   12
7. MONITORING AND EVALUATION ............................................................................     13



Resettlement Policy Frame
Objectives of the RAP and the Definition of Resettlement Terminology.
This Resettlement Policy Frame is prepared according to the Laws and Regulations
of PRC, and local area as well as the Guidelines of the World Bank (Operational
Directive for Involuntary Resettlement OD 4.30). The purpose of this document is to set
out an policy frame for the Resettlement and Rehabilitation of the Project Affected
Persons (PAPs) to ensure that they will benefit from the project and their standards of
living will improve or at least be restored after the project impact.
Acquisition of land and other assets for the project will adversely affect the
livelihood of persons who live, work or earn their living on the land that will be acquired
for the project. PAPs are defined as those persons whose income or livelihoods will be
adversely affected by land acquisition for the project. PAPs include the following
categories:
a) persons who have a title, right, interest, in structures (houses, enterprises, shelters,
or public buildings), land (including residential, agricultural, and grazing land) or any
other asset acquired or possessed, in full or in part, permanently or temporarily;
b) persons who use the structures, land or assets described above; or persons whose
business, occupation, work, place of residence or habitat adversely affected; or
c) persons whose standard of living is adversely affected as a consequence of land
acquisition.
A definition of PAPs is given below:
Definition of the PAPs: "Affected Persons" means persons who on account of the
execution of the project had or would have their: a) standard of living adversely affected;
or b) right, title or interest in any house, land (including premises, agricultural and
grazing land) or any other fixed or movable asset acquired or possessed, temporarily or
permanently; or c) business, occupation, work or place of residence or habitat adversely
affected, and "affected Person" means individually all those who qualify as "Affected
persons."
PAPs may be individuals or legal persons such as a company, a public institution.
Definition of PAPs is not limited to their legal registration or permission to live or
conduct business in the affected location, or their title to property. Thus it includes:
a) all those affected by the project regardless of their legal rights or absence thereof
to the assets being taken; and
b) persons without residential permit to live in a certain area.
Therefore all such persons who are affected will need to considered and recorded as
PAPs, regardless of their legal connection to assets land or location.
If there are more than one person, family or household using or holding a title to the
same land or property that is acquired, they will be compensated and rehabilitated
according to the loss they suffer, their rights, and the impact on their living standards.
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Resettlement Policy Frame
The definition of PAPs is linked directly to the adverse effect of the project,
regardless of legal rights title or interest.
All PAPs are entitled to the improvement or at least restoration of their standards of
living, and compensation for the material losses they suffer. Compensation for assets will
cover replacement cost. No deductions or discounts will be applied to the compensation
amount for depreciation or other reasons. All PAPs deriving an economic benefit from
the affected land and property are entitled to receive rehabilitation benefits in addition to
the compensation for their assets lost. Those PAPs without title, authorization or legal
permission to reside, conduct business, cultivate land or construct structures are eligible
for rehabilitation of their livelihoods and compensation for their assets on an equal
footing with those with formal legal title, authorization or permissions to the assets.
The term RESETTLEMENT includes:
a) the relocation of living quarters;
b) finding acceptable new employment for those whose jobs are affected;
c) restoration (or compensation) of affected productive resources such as land,
workplaces, trees and infrastructure;
d) restoration of other adverse effect on PAPs' living standards (quality of life)
through land acquisition (such as the adverse effects of pollution);
e) restoration of or compensation for affected private and public enterprises;
f) restoration of adversely affected on cultural or common property.
Rehabilitation means: the restoration of the PAPs' resource capacity to continue
with productive activities or lifestyles at a level higher or at least equal to that before the
project.
The objective of this RAP is to provide a plan for the resettlement and rehabilitation
of the PAPs so that their losses will be compensated and their standards of living will be
improved or at least restored to the pre-project levels. To achieve these objectives the
plan provides for rehabilitation measures so that the income earning potential of
individuals are restored to sustain their livelihoods. Affected productive resources of
businesses (enterprises including shops) and public property. Infrastructure and cultural
property will also be improved or at least restored to their pre-project levels.
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Resettlement Policy Frame
1. General
1.1. Project Components
Transmission Line Project as component of Hubei Small Hydropower Devolopment
Project incude four transmission lines:
(1) new 220kV Transmission Line Project of Dongping Hydropower Station;
(2) new 110kV Transmission Line Project of Lajitan Hydropower Station;
(3) new 110kV Transmission Line Project of Xiakou Hydropower Station;
(4) new 110kV Transmission Line Project of Songshuling Hydropower Station;
1.2. Project Description
(1) 220kV Transmission Line Project for Dongping Hydropower Station
The total length of this 220kV line will be about 36km from Dongping Hydropower
Station to 220kV Longfengba Substation, passing by three town(ship)s of two
county(city)s, i.e., including Wanzai township of Xuan'en County, Huangnitan township
and Longfeng town of Enshi City.
(2) 110kV Transmission Line Project for Lajitan Hydropower Station
This 110 kV line goes from Lajitan Hydropower Station to lOkV Jiusi Substation,
the total length will be about 32km, orderly crossing Baifusi Town, Manshui Township,
Lvshui Township and Jiusi Town of Laifeng County.
(3) 110kV Transmission Line Project for Xiakou Hydropower Station
This llOkV line will be about 60km, goes from Xiakou Hydropower Station to
110kV Huazhuan Substation, passing by Xiakou Town, Xunjian Town, Xiaonian Town
and Huazhuan Town of Nanzhang County in order.
(4) 110kV Transmission Line Project for Songshuling Hydropower Station
This 110kV line will be about 45km, goes from Songshuling Hydropower Station to
110kV Zhushan Substation, orderly passing by Guandu Town and Tianjia Township of
Zhushan County.
Due to the final algnment has not been designed, and the accurate affected inventory
can't be account, so this stage, we can only roughly estimated the impact according
former experience. Based on the preliminary design report provided by design unit, there
are two types of tower will be constructed along the 220kV transmission line or 110kV
transmission line, one is single-foot tower, the other is four-foot tower. And, according to
current practice for similar projects, land occupied by four-foot tower is no more than
2                                     2
9m , while single-foot tower is no more than lm . So the total of land occupation of this
project will be very small. In addition, by the preliminary survey, the project affect area
mainly be unproductive mountains, and meanwhile, during alignments selecting, the
design unit will take it consideration that passageway of conduct lines should avoid
resendents' houses, and land occupied by fundation of tower should avoid farmland as
much as possible. Therefore, the project construction will merely involve waste mountain
land occupation, Normaly, there are little housing will be demolished, and the total
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Resettlement Policy Frame
number of cultivated land be acquisitioned will be very small.
2. Legal Framework And Resettlement Principles
Main legal and policy bases for this project:
* Land Law of the People's Republic of China (passed by the plenary meeting of
the 16th session of the Standing Committee of the 6th NPC on June 25th, 1986, amended
in accordance with Resolution about Amending Land Law of the People's Republic of
China of the plenary meeting of the 5th session of the Standing Committee of the 7th NPC
on December 29t, 1988, and revised at the plenary meeting of the 4h session of the
Standing Committee of the 9th NPC on August 29, 1998).
* Enforcement Regulations of Land Law of the People's Republic of China
(Decree No. 256 of the State Council of the People's Republic of China).
* Enforcement Approach of Land Management Hubei Province (passed by the
plenary meeting of the 12th session of the standing committee of the 9th People's
Congress of Hubei Province on September 27, 1999).
* Regulations of Forest Land Management Hubei Province (passed by the plenary
meeting of the 29th session of the standing committee of the 8th people's congress of
Hubei Province on August 5, 1997).
* World Bank Business Guideline O[) 4.30 Non-Volunta'ry Migrants (Involuntary
Resettlement).
* Other relative regulations of affected Counties(cities).
2.1. Pertinent Legal Regulations
(1) Main relative specifications of "Land Law"
Chapter Il Ownership of Land and Right to the Use of Land
Article 8 Land in the urban areas of cities shall be owned by the State.
Land in rural and suburban areas shall be owned by peasant collectives, except for
those portions which belong to the State as provided for by law; house sites and private
plots of cropland and hilly land shall also be owned by peasant collectives.
Article 10 Land owned by peasant collectives that belongs lawfully to peasant
collectives of a village shall be operated and managed by collective economic
organizations of the village or by villagers' committees; land already owned by different
peasant collectives that belong to two or more different collective economic
organizations in the village shall be operated and managed by the rural collective
economic organizations in the village or by villagers' teams; land already owned by
peasant collectives of a township (town) shall be operated and managed by rural
collective economic organizations of the township (town).
Article 14 Land owned by peasant collectives shall be operated under a contract
by members of the economic organizations of the peasant collectives for crop cultivation,
forestry, animal husbandry of fishery. The duration of such contract in 30 years. The
party that gives out a contract and the party that undertakes it shall sign a contract in
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Resettlement Policy Frame
which to stipulate the rights and obligations of both parties. A peasant who undertakes to
operate a piece of land under a contract shall have the obligation to protect the land and
rationally use it in conformity with the purposes of use provided for in the contract. The
right of a peasant to operate land under a contract shall be protected by law.
Within the duration of the contract for operation of land, any appropriate
readjustment of the land between individual contractors shall be made with the
agreement of at least two-thirds of the members of the villagers assembly or of the
representatives of villagers and submitted to the township (town) people's government
and the agriculture administration department of the people's government of the county
for approval.
Chapter V:     Land to be Used for Construction
Article 47 Land requisitioned shall be compensated for on the basis of its original
purpose of use.
Compensation for requisitioned cultivated land shall include compensation for land,
resettlement subsidies and attachments and young crops on the requisitioned land.
Compensation for requisition of cultivated land shall be six to ten times the average
annual output value of the requisitioned land for three years preceding such requisition.
Resettlement subsidies for requisition of cultivated land shall be calculated according to
the agricultural population needing to be resettled. The agricultural population needing to
be resettled shall be calculated by dividing the amount of requisitioned cultivated land by
the average amount of the original cultivated land per capita of the unit the land of which
is requisitioned. The standard resettlement subsidies to be divided among members of the
agricultural population needing resettlement shall be four to six times the average annual
output value of the requisitioned cultivated land for three years preceding such
requisition. However, the highest resettlement subsidies for each hectare of the
requisitioned cultivated land shall not exceed fifteen time its average annual output value
for the three years preceding such requisition.
Standards of land compensation and resettlement subsidies for requisition of other
types of land shall be prescribed by provinces, autonomous regions and municipalities
directly under the Central Government with reference to the standards of compensation
and resettlement subsidies for requisition of cultivated land.
Standards for compensation for attachments and young crops on the requisitioned
land shall be prescribed by provinces, autonomous regions and municipalities directly
under the Central Government.
For requisition of vegetable plots in city suburbs, the land users shall pay towards a
development and construction fund for new vegetable plots in accordance with the
relevant regulations of the State.
If land compensation and resettlement subsidies paid in accordance with the
provisions of the second paragraph of the Article are still insufficient to help the peasants
needing resettlement to maintain their original living standards, the resettlement
subsidies may be increased upon approval by people's governments of provinces,
autonomous regions and municipalities directly under the Central Government. However,
the total land compensation and resettlement subsidies shall not exceed 30 times the
average annual output value of the requisitioned land for the three years preceding such
requisition.
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Resettlement Policy Frame
The State Council may, in light of the level of social and economic development and
under special circumstances, raise the standards of land compensation and resettlement
subsidies for requisition of cultivated land.
Article 48 Once a plan for compensation and resettlement subsidies for requisition
land is decided on, the local people's government concerned shall make is known to the
general public and solicit comments and suggestions from the collective economic
organizations, the land of which is requisitioned, and the peasants.
Article 49 The rural collective economic organization, the land of which is
requisitioned, shall accept supervision by making known to its members the income and
expenses of the compensation received for land requisition.
The compensation and other charges paid to the unit for its land requisitioned is
forbidden to be embezzled or misappropriated.
Article 50 Local people's governments at all levels shall support the rural
collective economic organizations, the land of which is requisitioned, and the peasants in
their efforts to engage in development or business operation or to start enterprises.
Article 57 Where land owned by the State or by peasant collectives need to be
used temporarily for construction of projects or for geologic prospecting, the matter shall
be subject to approval by the land administration departments of people's governments at
or above the county level. However, if the land to be temporarily used in located in the
area covered by urban planning, the matter shall be subject to agreement by the urban
planning administration department concerned before it is submitted for approval. The
land user shall, depending on who owns the land and who has the land-use right, enter
into a contract for the temporary use of the land with the land administration department
concerned, or the rural collective economic organization, or the villagers committee and
pay compensation for it in accordance with the provisions of the contract.
The temporary land user shall use the land for purposes stipulated in the contract for
temporary use of the land and may not build permanent structures on it.
Generally, the period for temporary use of land shall not exceed two years.
(2) Pertinent Regulations of Enforcement Approach of Land Management Hubei
Province
Chapter 5 Construction Land
Article 26: As for requisition, land compensation, resettlement allowance and
compensation for ground attachment and young crops:
(1) Land compensation is from 6 times to 10 times of the annual output value of the
requisitioned field land over the previous three years. As for other land, land
compensation is from 5 to 6 times of the annual output value of the nearby field-land
over the previous three years. As for young crops, compensation should be offered
according to their output value. If their output value can not be figured out, rational
compensation should be offered. As for buildings and other ground attachment, rational
compensation should be offered according to their market prices. As for rush planting
and rush construction, which is conducted after the publication of requisition plan,
compensation is prohibited.
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Resettlement Policy Frame
(2) As for resettled agricultural population, resettlement allowance is from 4 to 6
times of the annual output value of the requisitioned land over the previous three years.
As for requisitioned field land per acre, resettlement allowance will not exceed 15 times
of the annual output value of the land over the previous three years. As for other land
bringing profits, resettlement allowance is from 4 times to 6 times of the nearby field
land over the previous three years. As for land without profits, there is no resettlement
allowance.
(3) If land compensation and resettlement allowance issued in accordance with item
(1) and (2) cannot keep up the former living standard of resettled peasants, resettlement
allowance will be increased under approval of the provincial government. But the total
sum of land compensation and resettlement allowance should not exceed 30 times of the
annual output value of the requisitioned land over the previous three years.
(4) Pertinent Regulations on Regulations of Forest Land Management Hubei
Province
Chapter 3: Requisition and Occupancy of Forest Land
Article 21: Units and individuals who requisite and occupy forestland should pay
forest land and woods compensation, resettlement allowance, and forest plantation
recovery fees.
Those who temporarily use forestland should pay forestland and woods
compensation, and forest plantation recovery fees, reclaim forest land according to
pertinent regulations on land reclamation.
2.2. Resettlement Principles
Following the Chinese laws & regulations on land acquisition and resettlement and
WB policy on involuntary resettlement, the basic principles of land requisition and
resettlement for the proposed Transmission Lines Project will include the following
elements:
(1) Minimize negative impacts as much as possible;
(2) Carry out resettlement and compensation in order to improve or at least
restorethe pre-project income and living standards of the affected people;
(3) Fully inform and consult closely with affect peoples on compensation options
and Resettlement Plan;
(4) Provide assets and resettlement at replacement rates;
(5) Land compensation should be distributed in full prior to land requisition and
compensation for scattered trees shoul be distributed in full prior to trees being cut.
3. Compensation Principles
(1) The standards for land compensation and resettlement subsidy shall be
determined respectively based on the relative provisions in the "Implementation Method
of Land Administration Law of Hubei Province" and "Regulations of Forest Land
Management Hubei Province";
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Resettlement Policy Frame
(2) Scattered trees shall be compensated by actual value and actual re-planting
value.
(3) Structures, if any, shall be compensated at the price of replecement rate.
3.1. Land Compensation Standard
Base on the engineering reports provided by design unit, passageway of conduct
lines and tower foundation should avoid residents' houses, so there would not be housing
relocation caused by the project. Therefore, the project merely involve tower foundation
land occupation and cutting scattered trees. Because design work of this project isn't
fully completed, compensation standard of feasible types of land occupation is calculated
as below, in next stage of implementation of the project, the compensation fees of land
occupation will be delivered on this standards.
(1) Compensation Standard for Cultivated Land
When tower foundation of this project has to requisition cultivated land permanently,
the standard of compensation will be calculated on relative provisions of land acquisition
compensation in Implementation Method of Land Administration Law of Hubei
Province, In which, land compensation for requisition of cultivated land will be 6-10
times the average annual output value of the requisitioned land for three years preceding
such requisition, and the resettlement subsidies standard of the each agricultural
population needing resettlement will be 4-6 times the average annual output value of the
requisitioned cultivated land for three years preceding such requisition, and the law also
states that if livelihood of the resettlers cannot be restored, the multipliar of the land
compensation and subsidies could go up to 30 times. Due to the final design of the
project have not be competed, and the final multipliar of land compensation and
resettlement subsidies should be determined according to the actual impact and the
difficultion of the livelihood restoration, so at present, the multipiar of the land
compensation and subsidies is determined at the bottom end of the law, 10 times, and if
PAPs' livelihood cannot be restored, it could increase times appropriately.
When the project merely occupies cultivated land temporarily, the compensation
standard of young crops on cultivated land will be determined according to the actual
output value of the crops affected and the use duration.
(2) Compensation Standard for Copse Land
Referring to current practice of silmiar projects, compensation standard of copse
land will be compensated only on 10% land compensation of cultivated land and no
resettlement subisidies listed.
3.2. Compensation Standard of Scattered Trees
The scattered trees are temporarily divided into fruilt trees and other trees, based on
the type, size and age of the trees to be cut, the compensation will be paid according to
the actual impact, usually, the estimation of the actual impact will consider the
investment, potential value and replacement cost.
3.3. Source of Fund for Resettlement
The total resettlement fees of this project will list into the total budget of this
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Resettlement Policy Frame
project, and born by Project Owner.
3.4. Flow of Funds
According to the compensation policies and criteria set in this Resettlement Policy
Frame, the PRO will sign an Compensation Agreement of Land Occcupied with the
Project Contracted Unit, In order to minimize problems in delivering compensation and
ensure PAP's legal right, the Project Contracted Unit will deliver the compensation fees
to relative units or individuals directly. Generally, if the Project need requisition land
permanently, the Project Contracted Unit should deliver land compensation and subsidy
fees to town(ship) or village, while compensation for attachments on land to individuals.
Compensation fees for scattered trees to be cut and loss of crops caused by the project
will directly be paid to individuals by the Project Contracted Unit
In order to guarantee compensation fees be timely transferred and be properly used,
the resettlement compensation fees should be transferred from higher level to lower level;
correspondingly, each responsible organ should strictly implement the stipulations in
financial accounting and audit system. Status of utilizing and transferring compensation
fees should be periodically checked and reported, so that remedial measures for
unexpected event can be worked out.
4. Measures for Production rehabilitation
Based on existing design, there will be two types of tower along the 220kV
transmission line or 110kV transmission line, one is single-foot tower, the other is
four-foot tower. According to current practice for similar projects, land occupied by
2                                      2
four-foot tower is no more than 9m , while single-foot tower is no more than lm , in
addition, transmission line is linear facility, impacts caused by the project is scattered, so
the impact of land requisition for tower foundation on local production and living is
small. Therefore, on resettlement plan for production, merely adopting cash
compensation is enough. According to relative regulations of the state or the province,
All land compensation will be paid to the owner through town(ship) or administrative
village, in which, the young crop compensation will certainly be paid to the individuals
directly, the land compendation and the subsidies will be paid to the village groups, or
directly to the individuals if the land realloction has not be carried out.
5. Implementation Arrangements
5.1. Institutional Organization
Original resettlement organizations at levels established for Hubei Small
Hydropower Development Project will response for daily works and resettlement
implementation etc. within their own management areas, and town(ship) and village also
establish resettlement work group. Additionally, Enshi City affected by 220kV
Transmission Line Project of Dongping Hydropower Station will also establish
Resettlement Leading Group and Resettlement Office, with responsibility of resettlement
work and internal monitoring within native city, the personnel of which will be
composed of professionals and administrative persons who are qualified in technical
and managerial ability with experience in the resettlement aspect.
5.2. Preparation of Resettlement Action Plan
After the project design ahead a certain level, based on the baseline surveys in the
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Resettlement Policy Frame
affected areas. A Resettlement Action Plan will be draft by the relevant County PRO, and
the RAP will be prepared for each component that involves land acquisition or other
impacts. The content and level of detail of the RAP will vary with the magnitude of the
resettlement.
When more than 200 individuals are affected by a component of transmission line. a
comprehensive resettlement action plan for that project will be prepared that addressed the
following issues:
*  organizational responsibilities;
*  conducting census of affected persons
*  conducting inventory of affected assets
*  community participation;
*  socio-economic survey;
*  legal framework;
* alternative relocation sites and selection;
*  rehabilitation options;
*  land tenure, acquisition, and transfer;
*  access to training, employment, and credit;
*  shelter, infrastructure, and social services;
*  implementation schedule, monitoring, and evaluation; and
*  detailed cost estimates.
And when 200 or fewer individuals are affected by a component of transmission line, a
summary resettlement plan for that project will be prepared that addresses the following
issues:
*  organizational responsibilities;
*  conducting census and inventory
*  community participation;
*  rehabilitation options;
*  implementation schedule, monitoring, and evaluation; and
*  detailed cost estimates.
6. Public Participation and Appeal
6.1. Public Participation
During formulating resettlement policy, and resettlement implementation, the
relevant authorities have paid and will pay special attention to the participation and
consultation of the PAPs, and solicit opinions widely from them. During early selecting
transmission lines, the design unit and RO has consulted extensively with local
governments at all levels and relevant authorities responsible for power supply, planning,
land administration on the project locations and lines alternatives. All alternatives were
put forward with cooperation and confirmation of local governments. The second stage,
the office will invite local governments at all levels and the relevant authorities to
participate in meetings reviewing the alternatives of lines. Approval of the selected
alternative has given full consideration of their opinions. During next stage, the
county(city) resettlement offices will hold meetings, participated by the local cadres at all
levels and the PAPs, to make known to them the relative resettlement policies issued by
the state, province and prefecture, as well as the requirement of the World Bank, and
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Resettlement Policy Frame
meanwhile, to collect their opinions and suggestions on the way of reducing project
impact, compensation criteria and compensation cost, and to conduct extensive
consultation with them, and particular attention is to be paid to the their good opnions
during resettlement implementation.
Additionally, local government at all levels and PAPs will participate in follwing
activities:
(1) Participation in Inventory Survey
Resettlement offices at all levels, administration of villages and villager groups, and
resettlers' representatives will participate in the inventory survey in the affected areas;
(2) Participation in Using Land Compensation
The land compensation will be paid to the owners and shall not be carved up or used
for other purpose. The compensation will be used in a planned way and for specific items
planned. The use of the money will be approved by the villager congress and under the
supervision of the villager representatives and PAPs, and the planned items should be
benefit to the PAPs;
(3) Participation in Project Construction
In order to ensure the PAPs to get benefit from the project construction, the local
people will be encouraged to take part in the construction, and favorable conditions will
be created to use local materials and local labor force.
6.2. Responding to Grievance and Appeal
The public participation is always encouraged in the process of compiling and
implementing of this Resettlement Policy Frame. There will be some unforeseeable
problems occurring in the process. In order to solve problems effectively and ensure the
project construction and land requisition to be carried out successfully, a transparent and
effective appeal channel has been set up respectively for the project resettlement, in
addition to the existing appeal method through People' Letter Office of the local
government at all levels. The procedures are described as follows:
Stage 1:
If any resettler is aggrieved by any aspect of the resettlement, he/she can appeal to
the village committee and the township (town) resettlement office in oral or in written
form. If an oral appeal is made, the village will record it on paper and process it. Village
committee or township (town) resettlement office will make decision on or resolve it in
two weeks.
Stage 2:
If the aggrieved resettler is not satisfied with the decision in stage 1, he/she can
appeal to the county (city) resettlement office after receiving the decision; the county
(city) resettlement office will reach a decision in two weeks.
Stage 3:
If the aggrieved resettler is still not satisfied with the decision of the county (city)
resettlement office, he/she will appeal to the PRO or the Leading Group after receiving
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Resettlement Policy Frame
the decision, the PRO will reach a decision timely.
Stage 4:
If the PAP is still dissatisfied with the decision of the PRO, he/she will appeal to the
civil division of.a people's court according to the civil procedural law after receiving the
decision of the PRO.
The resettlers can appeal on any respect. of the resettlement, including compensation
criteria.
The resettlers will know their right of lodging appeal during participation in the
public meetings and by other ways.
The organizations accept the appeals and grievance of the PAPs free of charge,
and the expenses incurred therefrom will be paid by the PRO under project
contingency.
7. Monitoring and Evaluation
In order to guarantee that the resettlement work can be smoothly implemented and
the resettlement target suitably realized, the follow-up fact-finding and monitoring will
be carried out in whole process. Monitoring on the resettlement will be divided into two
parts, i.e., internal monitoring (by the resettlement offices) and the external independent
monitoring.
Internal monitoring will be carried out by the resettlement offices at all levels.
The main purpose is to have an overview of the resettlement progress during project
implementation. Their responsibility is monitoring compensation fees distribution
and resettlement implementation progress, and report to WB periodically. Gernally,
three months later from resettlement implementation, the internal monitoring report
will be submitted to WB once a year.
The PRO primely appointed East China Investigation and Design Institute (ECIDI)
as independent institution responsible for overall monitoring and evaluation of the
project resettlement. ECIDI will provide technical assistance to the PRO and conduct
survey of resettlement and living standards of the PAPs as well as all basic monitoring
works, and observe every aspect of resettlement schedule and implementation, provide
the resettlement monitoring & evaluation report to the World Bank through Project
Resettlement Office periodically. ECIDI will also monitor and evaluate whether the
target of the land requisition, resettlement activities are realized, by which evaluation
opinions and proposals will be put forward on the resettlement, and restoration of the
resettler's living standards, and to provide predicting alarm system to the project
management, and reflecting channel to the resettlers. Gernally, ECIDI will report on the
work that they undertake within one month after completion of the work, submit work
out-line and set up base-line data. And official report, which will be attached to M&E
report of original Hubei Small Hydropower Devolopment Project in Poor Areas, will be
submitted to WB once a year before end of July each year within five years.
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