Page 1 February 4, 2008 Environment and Social Safeguards Policies CAMBODIA: ROAD ASSET MANAGEMENT PROJECT (RAMP) A) INTRODUCTION 1. The Government of Cambodia (GOC) will implement the Road Asset Management Project (RAMP) with supports from the World Bank (IDA), ADB, and AUSAID. The activities will include periodic maintenance of the National and Provincial Roads under the responsibility of the Ministry of Public Works and Transport (MPWT). The activities will be carried out during a five year period (2008-2013). In a transitional period of no National Resettlement Policy 1 (NRP), this safeguard policy will be applied to all the subprojects to be carried out under the Project regardless of its financing sources. 2. An Environmental Management Plan (EMP) has been established and specific safeguard requirements will be included in the bidding and contract documents to ensure that good engineering practices will be applied during construction. The contractors will be made aware of this obligation and their safeguard performance during construction will be closely supervised and monitored by the Project Engineers with close supervision of the Project Supervision Consultants. 3. The first year subprojects (National Road #1 from Km 69.2 to Km 165.4 and National Road #5 from Km 3.9 to Kompong Chhnang) have been identified and significant social or environmental impacts are not anticipated. A specific mitigation plan (namely the Site Specific Plan or SSEP) for the subprojects have been applied and will be implemented and monitored. For the second and following- years subprojects, the Environment and Social Safeguard Screening Framework (ESSF) will be applied and the SSEP of the subprojects including road safety will be applied. 4. To ensure consistency of the Safeguard Policies to be applied in RAMP and facilitate effective implementation, MPWT has developed this policy to ensure that (a) potential negative impacts will be properly mitigated, (b) internal communication among Project staff would be effective, and (c) facilitate effective public disclosure of safeguard information for the Project and its subprojects. The policy describes those related to the social, environmental, and public disclosure. This policy will be translated into Cambodian language and publicly disclosed at MPWT offices at the central and local levels (RAMO office, PDPWT offices) as well as at the WB and ADB offices in Phnom Penh. B) SOCIAL ASPECTS 1. Land Acquisition and Resettlement 5. The Project is not expected to require land acquisition or resettlement. However, minor infrastructure or the use of some areas as deposits may result in unexpected low-level 1 Currently, the Subdecree on Socio-economic impact caused by state development projects is under drafting and expected to be finalized and submitted to the Council of Ministers in February 2008. RP627 Page 2 2 impacts/damages to parcels of land or buildings. Road maintenance activities may also require the temporary occupation of plots or may cause crops or income losses to settlers along the roads. 1.1 Compensation and Resettlement Guidelines 6. To address project impacts, a Compensation and Resettlement Policy Framework (CRPF) has been established (see Attachment 1 ). The CRPF is not in conflict with the GOC regulations on resettlement decree and will be jointly implemented by the Inter-ministerial Resettlement Committee (IRC) of the Ministry of Economy and Finance in close coordination with the Implementation Agency and the Social Environmental Unit (SEU) of the Ministry of Public Works and Transport and the local agencies. The CRPF has been translated in Cambodian language and will be distributed as part of the Operations Manual to the local agencies responsible for the maintenance works. 1.2 Implementation 7. SEU should assume the overall responsibilities for compliance with this framework. The World Bank holds it responsible for all, including resettlement. The compensation of impacts will be implemented and managed by Provincial Resettlement Subcommittee (PRS) under guidelines of the IRC Technical Working Groups in close coordination with local authorities and consultation with affected households (AHs). The SEU of MPWT will have a supervisory role and will ensure that the provisions contained in the CRPF are implemented. 1.3 Public information and disclosure 8. The IRC will ensure that all districts and villages are properly and timely informed of the road maintenance activities to be carried out and that the provisions of the CRPF are effectively disclosed (via public posting and/or community meetings) to the population living along the subproject roads. All communities along the subproject roads will be consulted by means of ad hoc meetings regarding their concerns of potential impacts and the proposed mitigations included in the contract documents. 1.4 Complaints and Grievances 9. Having experienced of successful grievances works in the Cambodia Road Improvement Project, complaints and grievances at the local administrative level will be resolved by the Grievance Redress Committee (GRC) established for the RAMP including leading members of the local communities, and a local NGO. The process of grievance should be as follow: (i) First stage: APs will present their complaints and grievances to the Village or Commune Resettlement Sub-committee or IRC working group and, if he or she wishes, to the nominated NGO working on the GRC. The NGO will record the complaint in writing and accompany the AH to meet the Village or Commune Resettlement Sub-Committee. The Sub-Committee will be obliged to provide immediate written confirmation of receiving the complaint. If after 15 days the aggrieved AP does hear from, or if the AH is not satisfied with the decision taken in the first stage, the complaint may be brought to the District Office. (ii) Second stage: The District Office has 15 days within which to resolve the complaint to the satisfaction of all concerned. If the complaint cannot be solved at this stage, the District Office will bring the case to the Provincial Grievance Redress Committee. Page 3 3 (iii) Third stage: The Provincial Grievance Redress Committee meets with the aggrieved party and tries to resolve the situation. Within 30 days of the submission of the grievance, the Committee must make a written decision and submit copies to Implementing Agency (IA), the IRC and the AH. (iv) Final stage: If the aggrieved AH does not hear from the Provincial Grievance Redress Committee or is not satisfied, he/she will bring the case to Provincial Court. This is the final stage for adjudicating complaints. The Court must make a written decision and submit copies to IA, IRC and the AH. If any party is still unsatisfied with the Provincial Court judgment, he/she can bring the case to a higher-level court. 1.5 Voluntary Land Contributions 10. Where local communities and households elect to make voluntary contribution of affected land without compensation, this should be acceptable only for marginal impacts and only when benefits to affected people can be assured. The process of consultation with potential contributors should be conducted in an open and transparent manner by PRS, and decisions for 'voluntary' contributions should be based on the 'informed choice' of affected people. The consultation process and agreement must be documented by local authorities as part of the civil works package. 2. Impact on Ethnic Minorities 11. The Project is not expected to generate adverse impacts on ethnic minorities living alongside the roads or in the vicinity of the Project area. The experience from the implementation of PRIP generally reflects the fact that road project impacts are not ethnic group-specific but relate to all communities in the project area. However, given the nationwide coverage of the project and in view of the large presence of ethnic minority communities in parts of the country where the project works will be undertaken, an Indigenous Peoples Development Framework (IPDF) has been separately prepared (see Attachment 2) as required by the IDA ’s OD 4.20. 2.1 Indigenous People Development Framework (IPDF) 12. Where indigenous people are affected, they will be consulted with all the project information provided over the proposed project activities and development of any necessary measures to mitigate any impacts. The consultation process and developed mitigation measures will be documented. 13. Where indigenous people are adversely affected by a sub-project, either by land acquisition or by other induced negative impacts, the IPDF, a standalone document, would have to, in addition to support mentioned above, include measures to mitigate adverse impacts. Acquisition of land and other assets will be governed by the Compensation and Resettlement Policy Framework. 14. The implementation of the IPDF will be carried out by the community, assisted by the IRC and Commune Councils, facilitated by local NGOs, where available and appropriate. Page 4 4 2.2 Indigenous Peoples Development Plan (IPDP) 15. In conformity with OD 4.20, the IPDF will guide the preparation of separate and free-standing Indigenous Peoples Development Plan (IPDP) as appropriate to meet the needs of the ADB and IDA ’s policy on Indigenous Peoples. If any relocation required, the resettlement sites will be prepared with close consultation with tribal elders of the community. C. ENVIRONMENTAL ASPECTS 1. Potential Negative Impacts and Safeguard Policies 16. Road maintenance operations may potentially affect the environment in a number of ways. For example, environmental concerns can stem initially from poor road design and planning, mobilization of construction crews, construction camp maintenance, storage and handling of wastes and hazardous materials, location of borrow pits and quarry sites, associated earthworks, and drainage design. Poorly executed maintenance activities may create localized soil erosion problems affecting streams or other water bodies; lack of clear plans for environmental management will create opportunities for inappropriate disposal of solid waste materials and could lead to lack of controls of noise and dust which can create a nuisance for individuals and communities. Better maintained roads could lead to increased accessibility in remote areas thus increasing the potential for uncontrolled resource extraction and land conversion along the road sides. Concerns over such issues are heightened in areas where roads pass through protected areas or other sites of a sensitive ecological nature such as wetlands, streams or forest areas. 17. The alternative to road maintenance program is basically a no maintenance approach. This scenario also has adverse environmental implications. Lack of maintenance could generate unstable road bed conditions leading to localized erosion and drainage problems. In areas of high rainfall and geologic instability, these risks can be substantial. Road maintenance programs also provide an opportunity to address some basic design problems which can create drainage and erosion problems. 1.1 Environmental category and justification 18. The Project is not expected to create significant impacts on the local environment and local communities. It was assigned as a safeguard Category B for IDA where preparation of an EMP is needed. PRIP experience has suggested that most of the potential impacts during maintenance works will be localized, temporary, and can be mitigated through the application of good engineering practices. To guide the preparation of specific action plan for a subproject, a Technical Environmental Guideline to mitigate potential impacts of road maintenance to the local environment has been developed, and it will be trained during the implementation of the Project. The maintenance program will be on the existing roads and the incremental induced effects will be minimal. No new road construction will be undertaken under RAMP and the ESSF screening framework (Section C) will ensure that appropriate actions will be undertaken for the subprojects involving sensitive areas, land acquisition, or indigenous people. Page 5 5 1.2 Safeguard Arrangements under RAMP 19. The following safeguard procedure will be carried out: (i) EMP: To mitigate the potential impacts during construction, the EMP will be applied to all the subprojects, including the monitoring of the borrow pits as needed (see Attachment 3 ). The EMP during the construction phase will form the basis of contractual obligations to be carried out by the road maintenance contractors. Contracts for maintenance will include specific clauses for environmental protection based on the technical guidelines. Field engineer under supervision of the Project Supervision Consultant will supervise and monitor the contractor performance. The results will be sent to RAMO and SEU who will conduct an independent monitoring periodically. Technical guidelines will be prepared as needed. (ii) ESSF: For new subprojects, the subprojects will be screened by the subproject owners using the screening criteria specified in the ESSF and in close consultation with RAMO and SEU of MPWT. This is to ensure that the proposed maintenance activities will not create adverse effect on the local environmental and communities. Special attention will be given to minimize the impacts on the protected areas and other ecological and cultural sensitive sites such as Tonle Sap and Siem Reap. Specific guidelines and/or manuals, including monitoring/reporting requirements and specific criteria for maintenance operations in sensitive areas (ecologically and socially), will be developed. (iii) HIV/AIDS and road safety: A HIV/AIDS and human trafficking program, a road safety program, and a safeguard training and capacity building program will be implemented in the Project. (iv) Consultation and information disclosure: Due consideration was given to improve consultation and information disclosure, ensure close supervision and monitoring of the contractor’s performance, and address the impacts after maintenance operations. (v) Training: Training on safeguard operations for central and provincial staff and contractors will also be provided. This includes increasing awareness and capacity building for senior management. (vi) Supervision, monitoring, and reporting: SEU will prepare a semi-annual report on the overall safeguard performance of the Project. The technical audits, including safeguard performance, will be carried out annually by an independent auditor. IDA/ADB supervision mission will also monitor the safeguard performance of the Project. Monitoring requirements is as follows: Page 6 6 M onitoring Requirements Mitigation Measure Parameters to be monitored Location Measurement Frequency Respon- sibilities Cost On completion of the work, the contractor shall restore the sites to their original state; Restoration and revegetation of disturbed sites Borrow areas and worksite installation Inspection of the areas following completion of the work Ensure that sites have been restored to their original state After the end of the maintenance work Contractor MPWT No marginal cost 2. Institutional Capacity for Safeguards Implementation 20. MPWT recognizes the importance of environmental protection and has made basic commitments to addressing environmental concerns. In 2005, the SEU has been formally established as a division in the planning department. However, knowledge and capacity of this unit remain inadequate. At presence there are 4 social staff and 2 environmental staff in the unit. There has been no safeguard staff at MPWT provincial level (PDPWTs) although a few staff was trained on some of safeguard issues. A comprehensive training through training courses and on-the-job training will be necessary. 21. Given that main objective of the Project is to improve capacity of road maintenance, mainstreaming of safeguard requirements into MPWT operations and staff capacity building will be necessary. It is the responsibility of MPWT (not only SEU) to ensure effective implementation of potential negative impacts at all stages (planning and pre-construction, construction, operations). To ensure effective implementation of safeguards for RAMP, a technical assistance ($0.3M) will be provided to SEU and Provincial Departments of Public Works and Transport (PDPWTs) to strengthen: (i) supervision and monitoring of safeguard compliance, including reporting; (ii) safeguard training, including consultation with local agencies and communities; (iii) mainstreaming of safeguard requirements into MPWT operations for road maintenance; and (iv) training on implementation of the Resettlement Decree. Additional resources will be sorted to strengthen MPWT capacity to plan and implement safeguard measures. 3. Public disclosure 22. The Safeguard Policies will be disclosed (both in English and Khmer) to the public in Phnom Penh (at MPWT ’s website and office, the World Bank office, ADB office, AUSAID office) as well as in PDPWT’s provincial offices (i.e. PPWT offices). D) ENVIRONMENTAL AND SOCIAL SAFEGUARDS FRAMEWORK –(ESSF) 23. Objectives. The ESSF aims to ensure that (a) the Project activities do not create or result in serious adverse impacts on the local community and environment, (b) the mitigation plan is carried out effectively, and (c) possible complaints from the local government authorities and community are minimized. To achieve these objectives, the following actions will be undertaken: · All proposed subprojects will be screened through the process described below. The subproject administrator (RAMO) will conduct the screening under close consultation with the subproject Page 7 7 owners (PDPWT) and SEU. The screening results will be documented and properly kept for review by the IDA/ADB. · Appropriate mitigation measures will be included in the bidding document and contract document by RAMO; compliance with the contractors will be monitored in the field by the Project Engineer under close supervision of the Project Supervision Consultant; performance of the contractor will be documented and properly kept for review by IDA/ADB. · SEU will supervise and monitor the overall activities and prepare a semi-annual report on the application of these policies during the planning, design, and construction phase of the Project. SEU will also develop the reporting requirements and procedures to ensure compliance of the contractors; conduct public consultation and public awareness programs, and carry out periodic training for field engineers and contractors as appropriate. A semi-annual report on the implementation of the guidelines will be submitted to IDA, ADB/AUSAID. 24. Assumptions. The screening is based on the assumptions described below. If this is not the case, the IDA, ADB/AUSAID will be informed and consulted. · The main civil works to be carried out under RAMP will be limited to activities typically defined as routine and periodic maintenance (resurfacing and bridge repairs; flood repairs or emergency maintenance; regular upkeep of safety features and road signs, etc.) and small rehabilitation works to strengthen the road, repair structural defects, restore the road to its initial condition, make small changes or improvements to alignment, and small construction of drainage and footpaths. If large-scale rehabilitation works are involved, MPWT will inform IDA, ADB/AUSAID before proceeding with the contract. · The works will be carried out within the existing right of way (ROW) and will not involve relocation and land acquisition. If land acquisition and relocation is needed, the IDA, ADB/AUSAID will be informed, and the CRPF will be applied. · The Project-related impacts are site specific; few of the effects are irreversible; and appropriate mitigation measures can be developed and implemented by the contractors and MPWT. 25. Screening procedures . The screening process is not intended to prohibit MPWT from carrying out maintenance-related works in sensitive areas but is meant to ensure that proper mitigation measures are prepared and carried out effectively to avoid adverse impacts on the affected population, natural environment and cultural heritage. If the subproject is located in or near protected areas or other critical habitats or cultural property, an Initial Environmental Examination (IEE) for the subproject will be prepared and carried out in close cooperation with SEU and other concerned agencies and in consultation with IDA and ADB/AUSAID. The civil works contracts related to road safety if any will also be subject to this screening. The ESSF will be conducted by the subproject administrator (RAMO) during the screening and preparation of the Annual Work Plan (AWP) and in close consultation with SEU and the subproject owners (PDPWTs). Steps and actions for the screening are presented in Table 1 . 26. Key steps of the ESSF are shown in Figure 1. Page 8 8 Table 1. Screening Process for Each Subproject Screening check list Yes Actions to be undertaken Involves land acquisition, relocation, indirect loss of access and assets, and has adverse impacts on ethnic minorities Y Planning/Project engineers (RAMO) through SEU will consult IRC and apply the technical guidelines and policy frameworks. If the impacts are significant, IRC will seek IDA and ADB/AUSAID clearance before selection of the subproject. Extensive consultation with affected population is expected during the planning and implementation Scale of the civil works is larger than those identified for maintenance or involves new construction Y Planning/Project engineers (RAMO) through SEU will consult IRC to apply appropriate guidelines. If the impacts are significant, IRC will seek IDA and ADB/AUSAID clearance before selection of the subproject. If new road construction is required, EA study will be required and IDA/ADB clearance will be necessary The Project site is located near villages, residential, or other sensitive areas (schools and hospitals) and dust and road safety issues will significantly affect the human health/life Y Planning/Project engineers (RAMO) through SEU will consult IRC and include appropriate mitigation measures during planning and design stages. MPWT will establish criteria and technology appropriate for dust suppression in the sensitive areas. An action plan to address road safety during construction, including cost and consultation with local agencies and communities, will be prepared. Periodic monitoring of air quality, noise level, and opinions of local authority/community may be necessary. The issues and actions will be included in the EMP and recorded in the progress report and/or the semi-annual report. The project site is located in or less than 50 m away from protected areas, areas of cultural heritages or involves the use of large amounts of toxic chemicals or herbicides. Y Planning/Project engineers (RAMO) through SEU will consult IRC to ensure that the mitigation measures are adequate to address the issues. Use of borrow pits and quarry sites and operation of asphalt plants in the sensitive areas must be prohibited. Specific requirements may be required to minimize the potential impacts. A standard clause should be included in all construction contract regarding the procedures to be followed in the event culturally significant sites are found. Large amount of materials will be needed Y Planning/Project engineers (RAMO) through SEU will consult IRC with respect to locations and practices of material excavation. Page 9 9 Screening check list Yes Actions to be undertaken Fully comply with the assumptions specified above and a contractor will be hired to carry out the works Y Planning/Project engineers (RAMO) through SEU will apply the proposed EMP of the Project (Table A.1) and prepare a specific action plan for the subproject, including those measures to mitigate the impacts on road safety during construction, community consultation, and the public disclosure plan. A technical guideline on the environmental measures is provided and training will be provided to key staff. Endorsement of SEU will be necessary. MPWT includes the environmental requirements in the bidding/contract document and ensures compliance of the contractors during the bidding process. Field engineers will closely monitor the contractor performance and document it in the supervision/progress report. Recommendations that are useful to increase efficiency and effectiveness of the mitigation plan should be provided. SEU will periodically review the supervision report, periodically inspect the contractor performance, conduct public consultation, and prepare a semi annual report to send to the IDA/ADB. *If No go to next step Page 10 10 Figure 1. Key Steps of Safeguards Framework (ESSF) for RAMP Through SEU consult IRC and Inform World Bank and ADB- AusAid Prepare IEE/EIA as appropriate Involve larger scale civil works Apply Specific Requirement for Sensitive areas Involve sensitive area Apply IPDF for RAMP Involve Ethnic People Apply CRPF for RAMP Require Land or involve relocation Monitor Contractor’s Compliance and Send a Report to ESU monthly Evaluate/Award Bid given due Consideration to Ensure Safeguards Compliance Include Specific Requirements for Contractors in Bid Disclose the action plan and inform local agencies and communities before construction Prepare action plan based on the EMP adopted for RAMP Selected Subproject* Apply screening process to identify potential issues related to land acquisition, relocation, ethnic minority, sensitive areas, and/or new road/large scale works. *Remarks: (1) The Subproject administrator and/or manager (RAMO) is responsible for conducting the ESSF in close consultation with SED/MPWT (2) Sensitive areas cover those defined as “Environmental Sensitive Areas” defined in technical guidelines (3) IDA, ADB/AusAide clearance may be needed (4) MAP/EMP refers to good engineering practices, an action plan to mitigate the impacts, and/or Environmental Management Plan. YES NO Page 11 Attachment 1: Compensation and Resettlement Policy Framework C AMBODIA: Road Asset Maintenance Project (RAMP) 1. Introduction. The Compensation and Resettlement Policy Framework (CRPF), presented below, addresses adverse social impacts that may result due to involuntary acquisition of assets and changes in land use and includes provision for compensation and rehabilitation assistance. It is basically similar to the Resettlement Policy Framework developed and being applied for the implementation of the on-going WB financed project (PRIP), but with small modification based on the implementation experience with PRIP and in line with the RAMP design and the financing arrangement with ADB and AUSAID. The policy will be applied to all the subprojects financed by Government, WB, ADB, and/or AUSAID. If land donation is involved the procedure described in Section 1.5: Land contributions shall be applied. 1. DEFINITIONS 2. Key definitions are as follows: · Compensation means payment in cash or in kind for an asset to be acquired or affected by a project at replacement cost. · Cut-off Date is the date prior to which the occupation or use of the project area makes residents/users of the project area eligible to be categorized as affected persons. The cut-off date coincides with the date of the census of affected persons within the project area boundaries. Persons not covered in the census, because they were not residing, having assets, or deriving an income from the project area, are not eligible for compensation and other entitlements. · Eligible landholders are affected persons who (a) hold title to land; or (b) do not hold title but whose possession of land can be legalized with a title pursuant to the Land Law of Cambodia. · Entitlement means a range of measures comprising compensation, income restoration support, transfer assistance, income substitution, and relocation support which are due to affected people, depending on the nature of their losses, to restore their economic and social base. · Project Authorities are the Ministry of Public Works and Transport through its Implementation Agency . · Project Affected Persons (PAPs) Includes any people, households, firms or private institutions who, on account of changes that result from the Project will have their (i) standard of living adversely affected, (ii) right, title, or interest in any house, land (including residential, commercial, agricultural, forest, and/or grazing land), water resources, or any other moveable or fixed assets acquired, possessed, restricted, or otherwise adversely affected, in full or in part, permanently or temporarily; and/or (iii) business, occupation, place of work or residence, or habitat adversely affected, with or without displacement. · Rehabilitation means assistance provided to project affected persons seriously affected due to the loss of productive assets, incomes, employment or sources of living, to supplement payment of compensation for acquired assets, in order to achieve, at a minimum, full restoration of living standards and quality of life. · Replacement cost. With regard to land and structures, replacement cost is defined as follows: For agricultural land, it is the pre-project market value of land of equal productive potential or use located in the vicinity of the affected land, plus the cost of preparing the land to levels similar to those of the affected land, plus the cost of any registration and transfer taxes. For land in urban areas, it is the pre-displacement market value of land of equal size and use, with similar or improved public infrastructure facilities and services and located in the vicinity of the affected land, plus the cost of any registration and transfer taxes. For houses and other structures, it is the market cost of the materials to build a replacement Page 12 12 structure with an area and quality similar to or better than those of the affected structure, or to repair a partially affected structure, plus the cost of transporting building materials to the construction site, plus the cost of any labor and contractors’ fees, plus the cost of any registration and transfer taxes. In determining the replacement cost, depreciation of the asset and the value of salvage materials are not taken into account, nor is the value of benefits to be derived from the project deducted from the valuation of an affected asset. · Resettlement. Means all measures taken to mitigate any and all adverse impacts of a project on PAP property and/or livelihood’s, including compensation, relocation (where relevant) and rehabilitation as needed. Vulnerable group are distinct groups of people who might suffer disproportionately or face the risk of being marginalized from the effects of resettlement and specifically include: (i) female headed households with dependents, (ii) disabled household heads, (iii) households falling under the generally accepted indicator for poverty, (iv) elderly households with no means of support and landlessness, and (v) indigenous minorities. 2. CAMBODIAN LEGAL PROVISIONS 3. The Constitution of Cambodia provides for land acquisition for public purposes. In Article 20 it states that ”Nobody shall be forced to transfer his or her ownership, if forcing is necessary in public interest and if no proper and just indemnity has been paid to owner”. Regarding compensation, Article 40 of the Constitution states that “The right to confiscate (land) possession from any person shall be exercised only in the public interest as provided for under law and shall require fair and just compensation.” 4. Some protection for vulnerable groups is also specified in the Constitution in Article 73: “The State shall give full consideration to children and mothers. The State shall establish nurseries, and help support women and children who have inadequate support” and Article 74: “The State shall assist the disabled and the families of combatants who sacrificed their lives for the nation”. 5. The new 2001 Land Law provides that no person shall be “deprived of their ownership unless this action is for the public interest consistent with formalities and procedures provided by laws and regulations, and after just and fair compensation” there are currently no such “laws and regulations” and there continues to be an absence of definition for “just compensation”. In addition, a person holding illegally possessed property cannot claim compensation, even if there is a title (Article 19). Further, any “illegal and intentional or deceitful acquisition of the public domain of the State or public legal entity shall be punished” with a fine and/or imprisonment. This penalty can be doubled if the landholder is held to damage or delay work in favor of the common interest, especially the possession of land necessarily reserved for maintaining roads. Under the new Land Law, those who have occupied a right of way or public properties may not be entitled to any compensation or social support, regardless of their being an affected person or a member of a vulnerable group. 6. Although individual rights to ownership and compensation are protected by present laws, there are no clearly defined specific provisions or a mechanism for land acquisition by the State through expropriation. The expropriation of immovable properties is based on decisions of government staff and implementation in an ad-hoc manner varying from one project to another. 7. Traditional private land ownership was abolished during the Khmer Rouge period (1975-1979) and was not re-introduced until the late 1980s. Determining ownership and obtaining documentation to prove ownership is a cumbersome and time consuming process which many landholders have not utilized. The boundaries of public land still remain unclearly defined and it can be difficult to distinguish between public and private land. This blurring between public and private land is particularly acute with regard to rights of ways for roads, irrigation channels and the like. There was no specific law or regulation on rights of way until 1999 when a Government of Cambodia Decree identified a 50-meter Page 13 13 right of way for some specified national roads and 60 meters for other national roads. The width of other rights of way varies depending on the type of road. No efforts were made to publicize the claimed rights of way and no physical demarcations have been made for these rights of way. 8. Presently, the Government’s Inter-ministerial Resettlement Committee (IRC) is charged with determining entitlements, valuation of affected assets and in fixing of compensation rates. Current legal provisions governing land acquisition, compensation and resettlement in Cambodia do not meet the objectives and principles of World Bank‘s Operational Policy (O.P.) 4.12 on Involuntary Resettlement. This policy framework conforms to the objectives and principles of the World Bank’s O.P. 4.12. In the case of any inconsistency between the provisions of the Cambodian legal framework and this policy framework, the Cambodian law shall be waived to the extent necessary. 3. OBJECTIVES AND PRINCIPLES OF THE POLICY 3.1 Overall Objectives 9. This Policy framework seeks to address the inadequacy of the existing legal provisions discussed in the previous section. This policy is based on the philosophy that the project must serve the needs of society and ensure that PAPS are at least as well off due to the project. This can be ensured through the following basic objectives: (i) Avoid involuntary resettlement where feasible and minimize resettlement where population displacement i s unavoidable, (ii) Ensure that displaced people receive compensation, assistance and rehabilitation so that they would be at least as well off as they would have been in the absence of the project, (iii) PAPs will benefit from the project, and (iv) Project stakeholders (which includes PAPs) are consulted and given the opportunity to participate, as practicable, in the design, implementation, and operation of the project. (v) Appropriate assistance and compensation, in cash or in kind, provided to adversely affected people, including indigenous groups, ethnic minorities and pastoralists who may have usage or customary rights to the land or other resources taken for the project. 10. Three important elements of involuntary resettlement are: (i) compensation for affected assets, loss of income, (ii) assistance for relocation, including provision of relocation sites with appropriate facilities and services, and (iii) assistance to improve livelihood condition or at least restore their incomes and living standards at the pre-project level. 3.2 Principles on Compensation and Entitlements 11. The overriding principle for all development projects is that people unavoidably affected should be compensated and assisted, so that their living standard and socio-economic would be at least as favorable as it would have been in the absence of the project. This will be accomplished using the following specific principles: (1) Acquisition of land and other assets and shifting of people will be avoided and minimized as much as possible. (2) Only PAPs who are found to be living in, doing business, or cultivating land, or having rights over resources within, the project area as the date of the census (cut-off date) are eligible for compensation for loss of assets, other assistance and rehabilitation for social and economic losses. PAPs will be compensated for affected land, either through receiving replacement land or replacement cost for their land or by receiving special assistance’ in lieu of compensation for land located on public rights of way. If landlessness results from this taking of land for public purposes, then suitable replacement land shall be provided for landless PAPs. Page 14 14 (3) All compensation for affected land, structures, and other fixed assets shall be paid at replacement cost without influence of the project. (4) The resettlement transition period will be minimized and the acquisition of assets, compensation, resettlement and rehabilitation for a segment/section or phase (except where long-tem rehabilitation measures such as vocational training) will be completed at least one (1) month prior to the initiation of construction work under the respective segment/section or phase thereof. (5) PAPs losing all of their assets (farmland, house or business), or in case of partial loss when the remaining assets are determined as un-viable for continued use, will be entitled for compensation for the entire assets at replacement cost without influence of the project. (6) In the case of a partial impact on the assets, ie., partial loss of land or structures and the remaining assets remain viable for continued use, compensation for the affected assets will be paid in cash at replacement cost without influence of the project. (7) Other types of landholders who are on a right of way or public land as of the cut-off date will be compensated for affected structures, other fixed assets and other losses but not for land. However, such affected persons shall receive special assistance such that they are not made worse off by the project taking the land on which they were located. (8) In case of compensation land for land, (1) for arable land: the replacement land should be in the form of land of equivalent productive value and/or characteristics at a location acceptable to PAPs. If replacement land at a location acceptable to PAPs is not available, cash representing replacement cost of land should be compensated. (2) For residential and commercial sites, the Implementing Agency shall provide PAPs the appropriate plot of land with basic services such as electricity (if available), water, drainage, emergency sanitation service, and access at least at the pre-project level. (9) For resettlement site, the land owner of the proposed relocation site will also be entitled to compensation for his/her land depending replacement cost without influence of the project, the compensation may be in cash or in the form of a replacement land within or outside the relocation site. (10) For loss of business income: - Unregistered business : (1) Cash assistance for actual amount of income if it can be confirmed, or equivalent to a living allowance of 20kg rice per 5 persons per month from one to two months . (2) And transport allowance. - Registered business: (1) Cash compensation equivalent to the daily net income (as reflected in tax receipts) multiplied by the days of business disruption. (2) And transport allowance. (11) The project authorities will provide resettlement assistance and the following minimum allowances to eligible PAPs: (a) Living allowance shall be given to PAPs whose houses are relocated due to the project. (1) 20kg of rice/month/household member for one month for structures made of light materials or wood (Types 1A to 2D) under 5m x 12 m, (2) 20kg of rice/month/household member for three months, (3) structures made of concrete and brick and for large wood structure (Types 2E to 4B) or larger than 5m x 12m. (b) Vulnerable group assistance shall be provided for vulnerable families, such as female- headed household, poor families, and disabled headed households in an amount that shall Page 15 15 assist them to become economically viable. In addition to any specific allowances equivalent to 20kg of rice/month/household member for six months . (c) Rental allowance shall be given to house tenants of affected main structures who will be forced to find a new place to live, at an amount equivalent to three months rent. It shall also be given to affected persons forced to lease premises until replacement land and housing is available to them up to a maximum period of three months. (d) Transportation allowance (in cash or in kind according to mutual agreement of the PAP and the project authorities) to relocating PAPs. When the allowance is in cash, it shall be an amount equivalent to actual transportation costs. (e) Repair allowance is given to PAPs affected by a partial loss of structures and those affected during moving locations based on cost of repairs. (12) Rehabilitation assistance is a form of special skills training 2 or other development support to PAPS severely affected due to the loss of productive assets and/or their only source of income and which will require them to engage in some other income-earning activities. The project authorities, by consulting with stakeholders, will coordinate closely with concerned agencies (local authorities and independent assigned NGOs) that have the mandate and the expertise to undertake the needed rehabilitation assistance. (13) The project authorities will provide vulnerable PAPs the rehabilitation assistance needed to cope with a new environment and to improve their status. This assistance shall be based on 20kg of rice/month/household member for six months . (14) Any PAPs’ loss due to any acquisition or restriction on access to common resources as a common property will be mitigated by arrangements of such property that will ensure, as a first option, that new access of those PAPS to an equivalent resource will occur on a continuing basis, if feasible. If it i s not feasible, then other alternatives shall be identified in consultation with the PAPs. (15) Resettlement programs will include adequate institutional arrangements to ensure effective and timely design, planning, consultation and implementation of compensation and resettlement. The project authorities will ensure effective coordination with relevant agencies for the implementation of the Resettlement Plan (RP). (16) Adequate arrangements will be made for the timely conduct of social assessments, inventory of affected assets, socioeconomic survey, and the preparation and implementation of RPs, including the timely conduct of internal and external monitoring of RP implementation. 12. General entitlements for compensation and rehabilitation assistance for different categories of PAPs are shown in the Entitlement Matrix below but the relevant Resettlement Plan may provide for more specific or additional allowances. Type of Loss Application Entitled Person Compensation 1.. Arable land Loss of arable land Eligible landholder · Land for land or cash compensation for lost land at replacement cost according to AP choice. “Land for land” will be provided in terms of a new parcel of land of equivalent productivity and free of taxes, registration and transfer cost; at a location acceptable to PAP; 2 The training is provided only in the case that their affected income is necessary to be restored. Page 16 16 and with long-term security of tenure. · Eligible for economic rehabilitation assistance and other allowances, as applicable. Non-titled but possessory landholder/Agric ulture laborer · No compensation but additional assistance given so that they are not worse off due to the project and to enable them to replace affected assets. Cash compensation for agricultural laborer equivalent to three months salary and assistance in getting alternative employment. Lease holder · Cash compensation equivalent to replacement cost of gross harvest for one year. Temporary Acquisition and easement Eligible landholder · Cash compensation based on opportunity lost during the period 2 Residential land Loss of residential land Eligible landholder · Compensation in cash at replacement cost or, at PAP choice, replacement land of minimum plot of acceptable size or a plot of equivalent size, whichever i s larger, in a nearby resettlement area with adequate physical and social infrastructure. · Replacement land to be free from taxes, registration and transfer costs. · Eligible for relocation assistance and other allowances as applicable. Non-titled but possessory landholder · No compensation but additional assistance provided so that they are not worse off due to the project and enable them to reduce affected assets. Lease holder · Eligible for relocation assistance and other allowances, as applicable. Temporary acquisition Eligible landholder · Cash compensation for the net loss of income and damaged assets. Non-titled but possessory landholder · Assistance provided so that they are not worse off due to the project. Lease holder · Cash compensation and other allowances as applicable. 3 Commercial land Plots used for business affected Eligible landholder · Compensation in cash at replacement cost for the affected portion or, at PAP option, replacement land of sufficient size for business continuation in market area of resettlement area or at location comparable to previous site. When the affected premises are larger than the relocation plot, cash compensation at replacement cost to cover the difference in area. · Eligible for relocation assistance and other allowances, as applicable. · Eligible for economic rehabilitation assistance. Non-titled but possessory landholder · No compensation but additional assistance provided so that they are not worse off due to the project and the assistance enables them to replace affected assets. This includes replacement land of sufficient size for business continuation in market area of resettlement area or at location comparable to previous site. · Eligible for relocation assistance and other allowances, as applicable. Page 17 17 · Eligible for economic rehabilitation assistance. Lessee · Assistance for finding new commercial place. · Eligible for relocation assistance and other allowances, as applicable. · Eligible for economic rehabilitation assistance 4 Structure Structures affected Owners · Compensation in cash for affected portion of the structure and other fixed assets at replacement cost, without depreciation and without deductions for salvaged material. · Assistance in restoration of any remaining structure, if applicable. · Eligible for relocation assistance and other allowance. Tenants · Three months rent allowance and other allowances as applicable. 5 Loss of business/ incomes/ employment Loss of business/ incomes/ employment Affected APs · Cash compensation for the loss of business, incomes and wages. · Assistance during the transition period. · Eligible for rehabilitation assistance and other allowances, as applicable. 6 Standing crops, trees Crops or trees affected by land acquisition or temporary acquisition/ease ment Owner of crops or trees · Compensation in cash calculated on the basis of type, age and productive value of affected crops or trees. · Other allowances as applicable. 7 Common resources Loss of access APs · Arrangement for new resource or rehabilitation assistance. 8 Electric and/or water connection Loss of, or damage to, affected assets, partially or entirely. APs · Replacement or compensation to cover cost of restoring the facilities. 9 Public facilities Loss of, or damage to, public infrastructure Concerned agencies · Replacement or compensation in cash at replacement cost to respective agencies. 10 Special assistance Special assistance to vulnerable group and indigenous/ethni c minorities. Vulnerable groups and Indigenous/ethnic minorities · Vulnerable group and indigenous peoples/ethnic minorities assistance allowance based on identified needs and priorities. 1/ “Special assistance” can include provision of suitable land., rental allowances, disruption allowance, etc., as well as a vulnerable group allowance. The main point i s that affected persons are not made worse off than they would have been had the development project not taken place. 2/ Where significantly large or entire landholdings are affected by the project or in cases where only partial land is affected but the remaining land becomes economically non-viable, the general mechanism for compensation of lost agricultural land will be through provision of “land for suitable land” arrangements of equivalent productivity and at a location acceptable to the PAP. Where the PAPs stand to lose are losing residential land with structures that exist in a closely located group exceeding 20 households, the project authorities, in consultation with affected households, may offer a relocation option to fully developed resettlement sites, or alternative facilities to housing projects. If suitable residential/agricultural replacement land is not available, and at the informed request of the PAPs, cash compensation at replacement cost will be provided. Page 18 18 4 . Public Participation and Consultation 13. The project authorities would be responsible for public consultation and public information dissemination. Consultations and public participation would be carried out as an ongoing process throughout project planning, design and implementation stages. Preparation of appropriate documents and planning and implementation for the acquisition of land and other assets will be carried out in consultation with the PAPs and the PAPs will receive prior information of the compensation, relocation and other assistance available to them including: · The relevant details of the project; · The resettlement plan and various degrees of project impact; · Details of entitlements under the resettlement plan and what is required of PAPs in order to claim their entitlements; · Compensation process and compensation rates; · Relocation and resettlement site development consultations in order to obtain agreement and support of affected people in participating in these consultations; and · Implementation schedule with a timetable for the delivery of entitlements. · Information concerning grievance procedures and how to use them. 14. The project authorities would also provide a detailed explanation of the grievance process and enlist the help of village leaders and other influential community officials in encouraging the participation of the PAPs in resettlement activities. Finally, the project authorities shall attempt to ensure that all vulnerable groups including indigenous peoples/ethnic minorities understand the process and that their needs are specifically taken into consideration. 15. Public participation is performed and information is made available during both preparation and implementation of the Resettlement Plan and should include, at a minimum, public information booklet, community meetings and television and radio reports. 5. Grievance Redress mechanism 16. Grievances related to any aspect of a project will be handled through negotiations and are aimed at achieving consensus. All complaints received in writing (or written when received verbally) from the PAPs will be documented by each level grievance committee, established by the project authorities at varying governance levels, Le., commune, district and/or provincial levels. PAPs will be exempted from all administrative and legal fees incurred in pursuant to the grievance redress procedures. Grievance committees would comprise of representatives of PAPs, community leaders and independent assigned NGOs, in addition to the representatives of commune and district officials, and project authorities. If PAPs do not receive any response from an established grievance redress body (at whatever level) within 20 (twenty) days from the filing of the complaint, or if the decision of grievance redress body is not satisfactory, the PAP will have the right to submit the complaint to the next higher level of the grievance redress mechanism. 17. If the matter still remains unresolved after all levels of grievance redress have been utilized, the complainant may then forward his/her case to a court of law. In projects where indigenous minorities are affected, all complaints shall be discussed and negotiations shall be carried out in the community where the affected indigenous minorities live. Where necessary, the project proponents will provide assistance so that the rights of the indigenous minorities are protected. In addition to the above mechanisms, and at the option of the PAPs, grievances may be taken to other mediating bodies, such as a council of village elders, monks at a local pagoda, or any other dispute resolution mechanism as may be decided by the PAPs. Page 19 19 6. Monitoring and Evaluation 6.1. Internal Monitoring 18. The Social and Environmental Unit would appoint adequate full time staff to monitor the process of resettlement. In order to assist with this monitoring, the authorities shall obtain and maintain appropriate baseline data prior to the resettlement impacts. The monitoring staff will submit periodic progress reports to the involved authorities for inclusion in the progress report. The main objective of the reports is to determine whether the resettlement is effective and to make the needed recommendations for change. The monitoring staff will be present in the field as well as at every meeting related to resettlement. 6.2. External Monitoring 19. In the project, sub-project or any component thereof, with significant resettlement, an external agency will be contracted to monitor the process of resettlement. The external monitoring agency would be provided full access to project documents and database to facilitate monitoring process. The external monitoring agency will prepare periodic monitoring reports for submission to the WB-PIU2 of MPWT as well as to the World Bank. 20. In the event monitoring by either the internal or external monitor shows that PAPs are not receiving entitlements due to them, or there are other problems in implementation in accordance with the Resettlement Plan, then the project authorities will take, on a priority basis, all steps necessary to rectify the situation and ensure compliance with a Resettlement Plan. 6.3 Evaluation 21. Six months to one year after the completion of resettlement in the project, the project authorities will contract a competent external agency for ex-post evaluation of resettlement implementation to determine whether the objectives of the policy have been achieved and severely affected PAPs have been able to restore their incomes and livelihood to the pre-project levels. Where necessary, and based on the outcome of the evaluation, additional assistance would be provided by the project authorities to achieve the objectives of the policy framework. 7. Reporting and Documentation 7.1. Initial Social Assessment 22. The project authorities will carry our initial social assessment to determine potential social issues and likely adverse impacts at the sub-project identification stage. Based on the initial social assessment decision can be taken on the types of detailed studies and field investigations required and necessary documentation. 7.2 Abbreviated Resettlement Plan 23. Where in a sub-project less than 200 people are affected due to the loss of assets, incomes, employment or businesses, project authorities would carry out field surveys covering full census of affected people and inventory of affected assets, and prepare an abbreviated Resettlement Plan. The abbreviated 24. Resettlement Plan would include: (i) brief description of the sub-project, location and its impacts; (ii) consultation with project affected people; (iii) the baseline information of affected people; (iv) category of PAPs by degree and type of impacts; (v) entitlement to compensation, allowances, and rehabilitation assistance by category of impacts in a compensation matrix; (vi) information on relocation site, where applicable; (vii) institutional responsibilities for implementation and monitoring; (viii) Page 20 20 grievance redress procedures; (ix) estimated cost of resettlement and yearly budget; and (x) a time-bound action plan for implementation. 7.3 Resettlement Plan 25. Where in a sub-project more than 200 people are affected, project authorities would be required to conduct detailed field investigations including census, inventory of affected assets and socio-economic baseline surveys of severely affected persons and prepare a Resettlement Plan for submission to the Bank. The Resettlement Plan (RP) would include: (i) brief description of the sub-project, location and its impacts; (ii) principles and objectives governing resettlement preparation and implementation; (iii) Legal framework; (iv) the baseline information of affected people; (v) category of PAPs by degree and type of impacts; (vi) entitlement to compensation, allowances, and rehabilitation assistance by category of impacts in a compensation matrix; (vii) information on relocation site together with socio-economic conditions on the secondary PAPs and host communities; (viii) institutional arrangement for planning and implementation; (ix) participatory procedures during planning and implementation; (x) grievance redress procedures; (xi) estimated cost of resettlement and yearly budget; (xii) a time-bound action plan for implementation; and (xiii) internal and external monitoring procedures, including the TOR for external monitoring and evaluation. 8. LEGAL AND INSTITUTIONAL REQUIREMENTS 26. The Ministry of Public Works and Transport (MPWT) is responsible for planning and implementation of the RAMP. As the project proponent, the MPWT will be responsible for, at a minimum, the following resettlement activities: (a) Carry out all necessary surveys and field investigations and preparation of necessary documents; (b) With assistance from other relevant agencies and local authorities, implementation of resettlement activities in accordance with the approved RPs; (c) Address all deficiencies identified in resettlement implementation; (d) Ensure timely allocation of resources and budgetary provisions, and process compensation claims of PAPs to ensure that the same are paid in time as planned; and (e) Supervise and monitor RP implementation. 9. Costs and Budget 27. Necessary funds for planning and implementation of Resettlement Plan/IPDP will be provided by the project authorities. The project authorities will also provide for all costs related to mitigating adverse social impacts based on budgetary requirements established in the RP. All of these costs are to be a part of the total project cost. 28. Each RP will detail cost estimates for compensation and relocation (if applicable) of PAPs with a breakdown by category of PAPs and by type of asset affected, such as agricultural, residential, and commercial land; affected house, structures and other fixed assets; and type of assistance, such as transport allowance, living allowance, etc. The cost estimates will include adequate provisions for contingencies. 29. In case of overruns due to unforeseen circumstances or delays, the project authorities will allocate additional funds as necessary. Page 21 21 Attachment 2: Indigenous Peoples Development Framework C AMBODIA: Road Asset Maintenance Project (RAMP) I. Introduction 1. The Indigenous Peoples Development Framework (IPDF), presented below, addresses adverse social impacts to the ethnic minority that may occur due to the implementation of the project. 2. The IPDF is basically similar to the Resettlement Policy Framework developed and being applied for the implementation of the on-going WB financed project (PRIP), but with small modification based on the implementation experience with PRIP and in line with the RAMP design and the financing arrangement with ADB and AUSAID. The policy will be applied to all the subprojects financed by Government, WB, ADB, and/or AUSAID. II. Operational Directive 4.20 (Indigenous Peoples). 3. This policy directive requires that special measures be established to protect the interests of ethnic minorities, i.e. social groups with a social and cultural identity distinct from the dominant society that makes them vulnerable to being disadvantaged in the development process. Indigenous peoples can be identified in particular geographical areas by the presence in varying degrees of the following characteristics: (a) a close attachment to ancestral territories and to the natural resources in these areas; (b) self-identification and identification by others as members of a distinct cultural group; (c) an indigenous language, often different from the national language; (d) presence of customary social and political institutions; and (e) primarily subsistence-oriented production. 4. In Cambodia, the largest ethnic minority groups in Cambodia include people of Vietnamese and Chinese descent, Muslim Chams and ethnic Lao, all of whom, although (b), (c), and (d) above are present, are generally not considered to be indigenous to the area where they live in Cambodia, and therefore not covered under the OD 4.20. However, the Bank has determined that OD 4.20 applies with reference to indigenous minorities, often referred to as “Highland Peoples”, because these groups are indigenous to the area where they reside, and maintain cultural and socioeconomic practices different than those practiced by the Khmer national majority. Though their numbers are relatively small in proportion to the national population, the Highland Peoples are estimated to represent a majority of the population in Ratanakiri and Mondolkiri provinces, both in the northeast. They represent much smaller proportions in other provinces. These groups, among them the Tampuan, Kuy, Jarai, Phnong, Kreung, Kavaet, Brou, Stieng, Lun and others, are estimated to total about 120,000 people, or about one percent of the national population. 5. It is not expected that RAMP subprojects will have significant impacts on ethnic minority and the first year subprojects have confirmed this conclusion. However ‘Highland Peoples’ lifestyles and livelihoods are under pressure in some areas because of in-migration by others, forestry concession programs, and discouragement of shifting cultivation practices. RAMP-related improvements of roads and infrastructure could well induce future in-migration and pressure on access to resources. For these reasons, the Highland Peoples are considered potentially vulnerable to being disadvantaged in the development process, and this plan reviews actions taken, or to be taken, to safeguard their interests. It is estimated that indigenous communities are present in northeastern provinces: 6. In the context of this project, it is important to note that the OD 4.20 refers to social groups and not to individual families. The identification of ethnic minorities in the project area will therefore be triggered by the identification of groups of ethnic minority families and individuals. 7. The primary objectives of OD 4.20 are: Page 22 22 · to ensure that such groups are afforded meaningful opportunities to participate in planning that affects them; · to ensure that opportunities to provide such groups with culturally appropriate benefits are considered; and · to ensure that any project impacts that adversely affect them are avoided or otherwise minimized and mitigated. 8. The following general principles and procedures will be applied during project preparation and implementation, if ethnic minorities are identified in any of the project areas. For the purpose of this Framework, the project areas are defined as the area influenced by the upgrading of the road (approximately within 3 km from the road). In the RAMP the purpose of the Framework is to ensure culturally appropriate consultation with indigenous minorities (where present), an opportunity to participate in the project, and additional support needed for coping with the impact of improved access. III. The Cambodian Legal Context 9. Under the Cambodian constitution, the Highland Peoples are afforded Cambodian citizenship. However, at present there is no comprehensive legislation or regulation relating specifically to protection of Highland Peoples rights or interests. 10. In 1997, a special Inter-ministerial Committee for Highland Peoples Development released a draft “General Policy for Highland Peoples Development.” The draft, culminating from a long process of consultations among local groups, NGOs, international development agencies and government, has never been formally adopted by the government. The policy statement would provide a number of protections for Highland Peoples, many relating to land rights and access to resources. Of particular importance in the context of RILGP are these provisions in the general policy statement: · the government “shall promote understanding and respect of cultural diversity and ensure that Highland Peoples can practice their own cultures” (para. 1); · “Highland Peoples shall have the right to be fully informed about, determine the priorities for and to exercise control over their economic, social and cultural development” (para. 6); and this provision in the policy guidelines section of the document: · “Highland Peoples’ communities shall be given the opportunity to participate and take responsibility in all decisions regarding infrastructure projects that affect them. The affected community and persons must have agreed, after being fully informed in a language that they clearly understand, of the project and all i t s consequences for them and their natural environment, before any development project may proceed” (para. 7.2). 11. For the purposes of RAMP, the above policy provisions have guided project design and implementation arrangements. Specific measures to ensure adequate opportunities to participate in both village and commune decision-making processes are explained in the sections that follow. IV. Framework for identifying and assisting indigenous minority communities under the project 12. After the overall prioritization of roads to be rehabilitated has been done in a participatory process of stakeholders at the provincial level, and the next years roads identified, the detailed planning starts. The road-by-road social assessment is one of the activities incorporated into the detailed planning of works to be carried out on individual roads. This will follow the Project Implementation Plan, which specifies the technical, environmental and social procedures and standards. With regard to social aspects, the major areas of activities are (i) information dissemination and consultation, (ii) identification of the need for land acquisition, after minimization (alternatives) has been considered, and (iii) the identification of indigenous minorities for whom special measures would have to be taken. Page 23 23 13. For each subproject with indigenous minorities, the project authorities will prepare a standalone. Indigenous Peoples Development Plan, based on extensive consultations, and will be part of the annual work program to be approved by the project authorities and submitted to IDA for review. 14. A social impact assessment and consultations would be carried out in preparation of the Indigenous People Development Plan (IPDP). The impact assessment will include the following information: · Household ownership of economic and productive assets; · Annual income from primary and secondary opportunities; · Economic information on the community (e.g., brief information on economic and natural resources, productive and livelihood systems, tenure systems); · Social information on the community (brief description of kinship, value system, type of social organizations of formal and informal groups, farming groups, etc., especially those that can help the group in adjusting to the potential impacts of the project and including an assessment of the degree of inclusiveness and representativeness of those groups, particularly with regard to vulnerable, marginal, and poor groups); · Potential impact on basic services (e.g., water supply, health center, and school); and · Potential impact of the project on social and economic livelihood. 15. In order for meaningful consultation and participation to take place, specific steps will include: (a) information dissemination conducted in the local language; (b) an indigenous minority representative/leader and an independent assigned NGO representative or a social scientist knowledgeable in indigenous peoples history and tradition are present in all discussions with clusters of indigenous peoples; and (c) all meetings are properly documented and shared with the concerned indigenous peoples. If the preliminary social assessment indicates that the potential impact of the proposed sub-project will be significantly adverse, the sub-project will not go forward. V. Indigenous People Development Plan (IPDP) 16. If the indigenous people conclude that the project will be beneficial, measures and assistance will be developed in consultation with tribal elders, community groups, and independent assigned NGOs, and the planned activities will be documented in an IPDP in addition to the information described above. The assistance should include institutional strengthening and capacity building of tribal elders and community groups working on activities (e.g. resettlement if any) within the project. 17. Where indigenous people are adversely affected by a sub-project, either by land acquisition or by other induced negative impacts, the IPDP, a standalone document, would have to, in addition to support mentioned above, include measures to mitigate adverse impacts. Acquisition of land and other assets will be governed by the Resettlement Policy Framework. 18. The implementation of the IPDP will be carried out by the community, assisted by appropriate staff from PDPWTs and Commune Council, facilitated by an NGO, where available and appropriate. VI. Costs and Budget 19. Necessary funds for planning and implementation of IPDP will be provided by the project authorities. The project authorities will also provide for all costs related to mitigating adverse social impacts based on budgetary requirements established in the Resettlement Plans. All of these costs are to be a part of the total sub-project cost. Page 24 24 VII. Monitoring Arrangements 20. In RAMP, responsibility for project monitoring is divided among national, provincial, and commune authorities. For most activities, monitoring includes recording of attendance and minutes of proceedings. Opportunities are also provided for participatory monitoring at the village level during implementation. Each year, the Commune Council will disseminate a report on the status of program implementation. Each village may review this report for general accuracy. Additionally, each year the village chief will review project activities within its boundaries to confirm whether construction, contracting arrangements, and other aspects have been implemented appropriately. The project authorities will regularly inspect and monitor the implementation of all IPDPs. VIII. Conflict Resolution Procedures 21 In general, Highland Peoples resort to traditional leadership and institutional arrangements to resolve conflicts arising from within the village. RAMP views these arrangements as the most appropriate venue for initial airing of project-related conflicts. If mediation fails, disputes relating to sub- projects will be addressed by the Commune Council prior to sub-project approval. Disputes arising in the course of implementation of the IPDP will be addressed by the village chief/elders for submission to the project authorities and other relevant authorities. Page 25 A t t a c h m e n t 3 T a b l e A 1 : E n v i r o n m e n t a l M a n a g e m e n t P l a n D u r i n g C o n s t r u c t i o n A C T I V I T Y P O T E N T I A L I M P A C T S M I T I G A T I O N M E A S U R E S - P o s s i b l e p o l l u t i o n o f w a t e r w a y s o r g r o u n d w a t e r b y b i t u m i n o u s p r o d u c t s o r s o l v e n t s . - S t r i c t c o n t r o l t o a v o i d s p i l l s a n d c o n t r a c t o r t o h a v e a d e q u a t e c l e a n u p p r o c e d u r e s . - W o r k s c a n h a v e t e m p o r a r y e f f e c t s o n i r r i g a t i o n o r w a s h i n g / d r i n k i n g w a t e r s u p p l i e s . - C o n t r a c t o r t o t a k e i n t o a c c o u n t l o c a l w a t e r u s e s . R e s u r f a c i n g o f p a v e m e n t s a n d a s s o c i a t e d p a v e m e n t w o r k s a n d r e p a i r a n d s u r f a c i n g o f s h o u l d e r s - D u s t n o i s e a n d v i b r a t i o n s . - S p e c i f i c a t i o n t o i n c l u d e f o r w a t e r i n g i n t h e c o n t r a c t ; - C o n t r o l o f c o n t r a c t o r s e q u i p m e n t n o i s e a n d v i b r a t i o n s , e s p e c i a l l y c l o s e t o s e t t l e m e n t s - C o n s t r u c t i o n a c t i v i t i e s w i l l b e a v o i d e d a t n i g h t , c l o s e t o r e s i d e n t i a l a r e a s ; - E f f e c t o n t r a f f i c a n d p e d e s t r i a n s a f e t y . - C o n t r a c t o r t o e m p l o y s a f e t r a f f i c c o n t r o l m e a s u r e s a n d l i m i t p o s s i b l e d i s r u p t i o n t o n o n - c o n s t r u c t i o n t r a f f i c . T r a n s p o r t o f M a t e r i a l s . - A i r a n d n o i s e p o l l u t i o n f o r a n y n e a r b y s e t t l e m e n t s a n d d a m a g e t o e x i s t i n g r o a d s . - C o n t r o l c o n t r a c t o r ’ s v e h i c l e s p e e d s , n o i s e a n d w e i g h t o f l o a d s a n d c o n t r o l d u s t a n d f l y i n g d e b r i s b y c o v e r i n g l o a d s o r w e t t i n g m a t e r i a l i f n e c e s s a r y . - U s e l o c a l l y a v a i l a b l e c o n s t r u c t i o n m a t e r i a l w h e r e v e r p o s s i b l e t o m i n i m i z e t r a n s p o r t d i s t a n c e s . M a t e r i a l s s t o c k p i l i n g o n s h o u l d e r s - P o s s i b l e p o l l u t i o n o f w a t e r w a y s b y s o l i d s - P o s s i b l e i m p a c t s o n r o a d u s e r s s a f e t y - C h o o s e a p p r o p r i a t e l o c a t i o n f o r m a t e r i a l s s t o c k p i l i n g w e l l a w a y f r o m a n y w a t e r w a y s , i r r i g a t i o n o r w a s h i n g / d r i n k i n g w a t e r s u p p l i e s . - A v o i d e n c r o a c h m e n t o n c a r r i a g e w a y ; - P r e s e r v e t r e e s d u r i n g m a t e r i a l s t o c k p i l i n g B o r r o w a r e a s - Q u a r r i e s a n d b o r r o w p i t s c a n h a v e i m p a c t s o n s o i l s , w a t e r a n d t h e n a t u r a l e n v i r o n m e n t ; - L o c a t e b o r r o w a r e a s a w a y f r o m a n y r e s i d e n t i a l o r o t h e r e n v i r o n m e n t a l l y s e n s i t i v e a r e a s s u c h a s h o s p i t a l s , i n t e n s i v e l i v e s t o c k p r o d u c t i o n a r e a s o r w i l d l i f e b r e e d i n g a r e a s . - A l s o a v o i d f a r m l a n d s o r f o r e s t s a s m u c h a s p o s s i b l e . R e s t r i c t w o r k t o d a y l i g h t h o u r s a n d l i m i t t h e s i z e a n d f r e q u e n c y o f a n y b l a s t i n g . - B o r r o w a r e a s w i l l b e r e s t o r e d a n d r e - v e g e t a t e d . W o r k s i t e i n s t a l l a t i o n ( i f n e e d e d ) - D e g r a d a t i o n o f p l a n t c o v e r - S o i l a n d w a t e r p o l l u t i o n ( t r a s h d u m p i n g , o i l s p i l l s ) - C h o o s e l o c a t i o n o f w o r k s i t e i n s t a l l a t i o n s i n o r d e r t o r e d u c e i m p a c t s o n t h e e n v i r o n m e n t o f t h e s e s i t e s a n d t h e p e o p l e l i v i n g i n t h e i m m e d i a t e v i c i n i t y ; - F u e l a n d o i l , a n d b i t u m e n s t o r a g e a r e a s w i l l b e l o c a t e d w e l l a w a y f r o m a n y w a t e r c o u r s e s ; - T h e s e s t o r a g e a r e a s w i l l b e p r o v i d e d w i t h i n t e r c e p t o r t r a p s s o t h a t a c c i d e n t a l s p i l l s d o n o t c o n t a m i n a t e t h e e n v i r o n m e n t ; - A l l w a s t e o i l w i l l b e s t o r e d a n d d i s p o s e d o f t o a c c e p t a b l e o i l i n d u s t r y s t a n d a r d s ; - W h e r e v e r p o s s i b l e , r e f u e l i n g w i l l b e c a r r i e d o u t a t a f u e l s t o r a g e a r e a a n d n o t p e r m i t t e d w i t h i n o r a d j a c e n t t o w a t e r c o u r s e s ; - O n c o m p l e t i o n o f t h e w o r k , c o n t r a c t o r s h a l l r e s t o r e t h e s i t e s t o t h e i r o r i g i n a l s t a t e ; R o a d s a f e t y a n d t r a f f i c m a n a g e m e n t R o a d a c c i d e n t s d u e t o i n a d e q u a t e c o n t r o l o f v e h i c l e s p e e d s a n d s i g n s / s i g n a l s - P r e p a r e / f i n a l i z e a n a c t i o n p l a n f o r e a c h s u b p r o j e c t i n c l o s e c o n s u l t a t i o n w i t h l o c a l a g e n c i e s a n d c o m m u n i t i e s , t h e i m p l e m e n t a t i o n r e s u l t s s h o u l d b e r e p o r t e d p e r i o d i c a l l y . 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