45301-003: water supply and sanitation sector project · 2019-03-21 · pcs project steering...

26
Land Acquisition and Compensation Corrective Action Plan February 2019 Lao PDR: Water Supply and Sanitation Sector Project (Botene Subproject) Prepared by the Department of Water Supply, Ministry of Public Works and Transport for the Asian Development Bank. This is an updated version of the draft originally posted in January 2018 available on https://www.adb.org/projects/documents/lao-45301-002-rp-3.

Upload: others

Post on 09-Aug-2020

0 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: 45301-003: Water Supply and Sanitation Sector Project · 2019-03-21 · PCS project steering committee (national) ... PNP provincial . nam papa . PPSC provincial project steering

Land Acquisition and Compensation Corrective Action Plan

February 2019

Lao PDR: Water Supply and Sanitation Sector

Project

(Botene Subproject)

Prepared by the Department of Water Supply, Ministry of Public Works and Transport for the Asian Development Bank. This is an updated version of the draft originally posted in January 2018 available on https://www.adb.org/projects/documents/lao-45301-002-rp-3.

Page 2: 45301-003: Water Supply and Sanitation Sector Project · 2019-03-21 · PCS project steering committee (national) ... PNP provincial . nam papa . PPSC provincial project steering

ii

CURRENCY EQUIVALENTS (as of 28 February 2019)

Currency unit = kip (LAK) LAK 1.00 = $0.0001164

$1.00 = LAK 8,586

ABBREVIATIONS

ADB Asian Development Bank

AH affected household

AP affected person

CPI Committee for Planning and Investment

DHUP Department of Housing and Urban Planning

DBH diameter and breast height of tree

DMS detailed measurement survey

DONRE Department of Natural Resources and Environment

DPWT Department of Public Works and Transport

DRC district resettlement committee

DWS Department of Water Supply

EA executing agency

EIA environmental impact assessment

EM entitlement matrix

EMHH ethnic household other than Tai-Kadai

EMP environmental management plan

FHH female headed household

GAP gender action plan

HH households

IA implementing agency

IEE initial environmental examination

IEM independent external monitoring

IMA independent monitoring agent

IOL inventory of losses

IPSA initial poverty and social assessment

Lao PDR Lao People's Democratic Republic

LAR land acquisition and resettlement

LACF (P) land acquisition and compensation framework (plan)

LWU Lao Women’s Union

MPWT Ministry of Public Works and Transport

OPWT Office of Public Works and Transport

PCS project steering committee (national)

PCU project coordination unit

PIA project implementation assistance consultant

PIB public information booklet

PIU project implementation unit

PM prime minister

PNP provincial nam papa

PPSC provincial project steering committee

PRC provincial resettlement committee

Page 3: 45301-003: Water Supply and Sanitation Sector Project · 2019-03-21 · PCS project steering committee (national) ... PNP provincial . nam papa . PPSC provincial project steering

iii

the Project Small Towns Water Supply and Sanitation Sector Project

RCS replacement cost survey

RF resettlement framework

ROW right of way

SES socio-economic survey

SMMP social management and monitoring plan

STEA [Former] Science Technology and Environmental Agency

STDP Small Towns Development Sector Project

STWSP Small Towns Water Supply and Sanitation Sector Project

TOR terms of reference

UDAA Urban Development Administration Authority

VEI village environmental improvements

VRC village resettlement committee

WATSAN Water and Sanitation Unit

WB World Bank

WSSP Water Supply and Sanitation Sector Project

WTP water treatment plant

WEIGHTS AND MEASURES

ha hectare

Lpcd liters per capita per day

L/s liters per second

m meter

m2 square meter

m3/day cubic meters per day

sqm square meter

NOTE

In this report, "$" refers to United States dollars. This land acquisition and compensation corrective action plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the “terms of use” section of this website. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

Page 4: 45301-003: Water Supply and Sanitation Sector Project · 2019-03-21 · PCS project steering committee (national) ... PNP provincial . nam papa . PPSC provincial project steering

No. 3041-LAO Loan

Ministry of Public Works and Transport Department of Water Supply

Water Supply and Sanitation Sector Project

Land Acquisition and Compensation Corrective Action Plan

Botene

Subproject

Xayabury Province Botene District

February 2019

Project Implementation Assistance Lao Consulting Group Consortium

Page 5: 45301-003: Water Supply and Sanitation Sector Project · 2019-03-21 · PCS project steering committee (national) ... PNP provincial . nam papa . PPSC provincial project steering

ADB – MPWT: Water Supply and Sanitation Sector Project LACCAP – Botene Subproject

ii

TABLE OF CONTENTS

List of Tables ........................................................................................................................... (iii)

List of Figures .......................................................................................................................... (iii)

List of Attachments .................................................................................................................. (iii)

Selected Acronyms ................................................................................................................. (iv)

Selected Units .......................................................................................................................... (v)

Currency .................................................................................................................................. (v)

Selected Definitions of LARC related Terms ............................................................................ (vi)

1. EXECUTIVE SUMMARY 9

1.1 Introduction 9 1.2 Corrective Action Plan 9 1.3 Conclusion 9

2. PROJECT DESCRIPTION 9

2.1 The Water Supply and Sanitation Sector Project 9 2.2 Botene Subproject 10

3. ADDITIONAL LAND REQUIREMENT 10

3.1 Completed Land Acquisition during Pre-Construction Phase 10 3.2 WTP Construction Site Ground Water Issue 10 3.3 Additional Land Requirement during Construction Phase 10

4. DUE DILLIGENCE BASED CORRECTIVE ACTIONS 11

4.1 Additional Land Acquisition 11 4.2 Affected Household 11 4.3 Consultation and Joint Transect Walk 11 4.4 Compensation 11 4.5 New Land Use Certificates 11 4.6 Construction Phase 11

5. CONCULSIONS 12

5.1 Performed Corrective Actions 12 5.2 Meeting Due Diligence Requirements 12 5.3 Subproject Category 12

LIST OF TABLES

None

LIST OF FIGURES None

ATTACHMENTS Attachment 1 LAC – Fact Finding and Screening

Attachment 2 Acquisition and Compensation

Attachment 3 Inventory of Private Loss

Attachment 4 Overview of Status of AHs

Page 6: 45301-003: Water Supply and Sanitation Sector Project · 2019-03-21 · PCS project steering committee (national) ... PNP provincial . nam papa . PPSC provincial project steering

ADB – MPWT: Water Supply and Sanitation Sector Project LACCAP – Botene Subproject

iii

SELECTED ACRONYMS (AS DEFINED IN PROJECT RF, AND SUPPLEMENTED BY THIS LACP)

ADB Asian Development Bank

AH Affected Household

AP Affected Person

COI Corridor of Impact

DCO District Coordination Office

DD Detailed Design

DMS Detailed Measurement Survey (at detailed design stage)

DoNRE Department of Natural Resources and Environment

DPWT District Department of Public Works and Transport

DRC District Resettlement Committee

DWS Department of Water Supply

EA Executing Agency

EGDF Ethnic Groups Development Framework

EMP Environmental Management Plan

FS Feasibility Study

GAP Gender Action Plan

GOL Government of Lao PDR

GRM Grievance Redress Mechanism

HH Households

IA Implementing Agency

IEE Initial Environmental Examination

IEM Independent External Monitoring

IMO Independent Monitoring Organization

IOL Inventory of Loss

IP Indigenous People

IPP Indigenous Peoples Plan

IPPF Indigenous Peoples Planning Framework

IR Involuntary Resettlement

Lao PDR Lao People's Democratic Republic

LAC Land Acquisition and Compensation

LACCPAP Land Acquisition and Compensation related Corrective Action Plan

LACF Land Acquisition and Compensation Framework

LACP Land Acquisition and Compensation Plan

LACR Land Acquisition and Compensation Report

LARC Land Acquisition, Resettlement and Compensation

LFNC Lao Front for National Construction

LWU Lao Women’s Union

M&E Monitoring and Evaluation

MPWT Ministry of Public Works and Transport

NGO Non-Government Organization

NPCO National Project Coordination Office (PAM: Nat. Project Management Office PMO)

NPSC National Project Steering Committee

NRW Nonrevenue Water

O&M Operation and Maintenance

OPWT District Office of Public Works and Transport

PAM Project Administration Manual

PBME Project Benefit Monitoring and Evaluation

PPWT Provincial Department of Public Works and Transport

Page 7: 45301-003: Water Supply and Sanitation Sector Project · 2019-03-21 · PCS project steering committee (national) ... PNP provincial . nam papa . PPSC provincial project steering

ADB – MPWT: Water Supply and Sanitation Sector Project LACCAP – Botene Subproject

iv

SELECTED ACRONYMS (AS DEFINED IN PROJECT RF, AND SUPPLEMENTED BY THIS LACP)

PIB Public Information Booklet

PIU Project Implementation Unit

PMO Project Management Office

PMS Preliminary Measurement Survey (at feasibility study stage)

PNP Provincial Nam Papa (provincial water supply company)

PPSC Provincial Project Steering Committee

PPTA Project Preparation and Technical Assistance

PPME Project Performance Monitoring and Evaluation

PRC Provincial Resettlement Committee

RCS Replacement Cost Survey

RF Resettlement Framework

RP Resettlement Plan

ROW Right of Way

SEBS Socio-Economic Baseline Survey

SEIS Socio-Economic Impact Survey

SESAH Socio-Economic Survey of Affected Households

SPS Safeguards Policy Statement

STWSP Small Town Water Supply and Sanitation Sector Project

TA Technical Assistance

ToR Terms of Reference

UDAA Urban Development Administration Authority

VAU Village Arbitration Unit

VCCD Voluntary Contribution Consent Declaration

VDC Village Development Committee

VEI Village Environmental Improvement

VLWU Village Lao Women’s Union

WATSAN Water and Sanitation Unit

WS Water Supply

WSS Water Supply and Sanitation

WSSP Water Supply and Sanitation Sector Project

WTP Water Treatment Plant

UNITS

ha hectare/s

km kilometres

km2 square kilometres

lpcd liters per capita per day

l/s liters per second

m meter

m2 square meter

m3 cubic meter

m3/day cubic meter per day

sqm square meter

CURRENCY

LAK Lao currency unit Kip

US$ US Dollar

Note: Applied exchange rate: US$ 1.00 = LAK 8,100.00

Page 8: 45301-003: Water Supply and Sanitation Sector Project · 2019-03-21 · PCS project steering committee (national) ... PNP provincial . nam papa . PPSC provincial project steering

ADB – MPWT: Water Supply and Sanitation Sector Project LACCAP – Botene Subproject

v

SELECTED DEFINITIONS OF LARC RELATED TERMS (AS DEFINED IN THE PROJECT RF)

Affected Person (AP)

An affected person indicates any juridical person being as it may an individual, a household, a firm or a private or public institution who, on account of the execution of the Program and its subprojects or parts thereof would have their:

(i) Right, title or interest in any house, land (including residential, agricultural and grazing land), water resources or any other fixed or moveable asset acquired or possessed, restricted or otherwise adversely affected, in full or in part, permanently or temporarily; and/or

(ii) Business, occupation, work, place of work or residence or habitat adversely affected with or without physical displacement; or

(iii) Standard of living adversely affected.

Compensation Payment made in cash or in kind to APs at replacement cost for assets, resources and/or sources of livelihood and income acquired or adversely affected by the project.

Corridor of Impact

(COI)

It is the area which is impacted by civil works in the implementation of the project and is important in two particular respects:

(i) Legally as the area within which APs will be entitled to compensation and other measures (in general coming under the heading of resettlement) for any loss of land, structures, land use and occupation or livelihoods; and

(ii) Operationally as the agreed and demarcated area within which construction activities will take place and which must be cleared of all structures and obstructions.

Cut-off Date for Eligibility

This refers to the date prior to which the occupation or use of the area makes residents/users/occupants of the same eligible to be categorized as AP (see definition of eligibility). In this project, the cut-off date coincides with the final day of the census of Aps and Inventory of Losses and which is preceded by a public consultation or announcement. Persons not covered in said census are not eligible for compensation and other entitlements, unless they can show proof that:

(i) They have been inadvertently missed out during the census and the inventory of loss (IOL); or

(ii) They have lawfully acquired the affected assets following completion of the census and the IOL and prior to the conduct of the detailed measurement survey (DMS). In view thereof, the final list of APs is determined during the DMS. The establishment of cut-off date for eligibility is intended to prevent the influx of ineligible non-residents who might take advantage of project entitlements and speculate on land values and to prevent speculation by eligible APs.

Displaced Person

In the context of involuntary settlement, displaced persons are those who satisfy the condition of “Cut-off Date for Eligibility” (see definition below) and are physically displaced (relocation, loss of residential land or loss of shelter) and/or economically displaced (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of involuntary acquisition of land, or involuntary restrictions on land use or on access to legally designated parks and protected areas in connection with the project.

Detailed Measurement Survey

With the aid of the approved detailed engineering design, this activity involves the finalization and/or validation of the results of the Inventory of Losses (IOL), severity of impacts, and list of APs done earlier during the project’s feasibility studies. The final cost of resettlement for the subproject will be determined following completion of the DMS. At feasibility study level this can be regarded as Preliminary Measurement Survey (PMS).

Page 9: 45301-003: Water Supply and Sanitation Sector Project · 2019-03-21 · PCS project steering committee (national) ... PNP provincial . nam papa . PPSC provincial project steering

ADB – MPWT: Water Supply and Sanitation Sector Project LACCAP – Botene Subproject

vi

SELECTED DEFINITIONS OF LARC RELATED TERMS (AS DEFINED IN THE PROJECT RF)

Eligibility Eligible APs may fall under any of the following groups:

(i) Those who have formal legal rights to land lost including customary and traditional rights;

(ii) Those who do not have formal legal rights to land lost as of the cut-off date but have claims to such land or assets that are recognizable under national laws; and

(iii) Informal settlers who satisfy the condition for eligibility to compensation as provided in the definition of “cut-off date for eligibility”.

Non-eligible APs include those making claims based on subsequent occupation after the cut-off date for eligibility.

Entitlement This refers to a range of measures comprising compensation, income restoration support, transfer assistance, livelihood substitution, relocation support, etc. which are provided to APs, depending on the type and severity of their losses, to restore their economic and social base.

Income Restoration

This is the re-establishment of sources of income and livelihood of the severely affected and vulnerable households to supplement the compensation received for affected assets so as to achieve, at the least, complete restoration of pre-project living standards. This term is used synonymously with “Rehabilitation.”

Independent Monitoring Organization

This is the entity hired by the Inter-ministerial Resettlement Committee (IRC) (through the National Project Management Office) to monitor and evaluate the implementation of the Land Acquisition and Compensation Plan (LACP).

Inventory of Losses

This is the process where all fixed assets (i.e., lands used for residence, commerce, agriculture, including ponds; dwelling units; stalls and shops; secondary structures, such as fences, tombs, wells; trees with commercial value; etc.) and sources of income and livelihood inside the COI are identified, measured, their owners identified, their exact location pinpointed.

Involuntary Resettlement

It is the displacement of people, not of their own preference, from their homes, assets, sources of income and livelihood in the Project COI. Involuntary resettlement may result in any or a combination of the following: loss of land, abode and other fixed assets, loss of income and/or employment, relocation, separation of family members, disintegration of communities, etc. Unless appropriate and adequate mitigation measures are carried out, involuntary resettlement will result to further hardship and impoverishment among the APs, especially the marginal sectors of society (see definition of “vulnerable groups”). These adverse social impacts of development projects are often borne by APs not of their own desire but involuntarily.

Land Acquisition

Refers to the process whereby an individual, household, firm or private institution is compelled to alienate all or part of the land s/he/it owns or is in the process of getting the ownership in favour of the government for the project in return for compensation at replacement costs.

Rehabilitation Above, as in income restoration and rehabilitation.

Relocation This is the physical displacement of an AP from her/his pre-project place of residence and/or business.

Page 10: 45301-003: Water Supply and Sanitation Sector Project · 2019-03-21 · PCS project steering committee (national) ... PNP provincial . nam papa . PPSC provincial project steering

ADB – MPWT: Water Supply and Sanitation Sector Project LACCAP – Botene Subproject

vii

SELECTED DEFINITIONS OF LARC RELATED TERMS (AS DEFINED IN THE PROJECT RF)

Replacement Cost

It means the cost of replacing lost assets and incomes, including cost of transactions. The amount calculated before displacement which is needed to replace an affected asset without deductions for taxes, and costs of transaction as follows:

(i) Productive land (agricultural, fishpond, garden, forest) based on market prices that reflect recent land sales, and in the absence of such recent sales, based on productive value;

(ii) Residential land based on market prices that reflect recent land sales, and in the absence of such recent land sales, based on similar location attributes;

(iii) Houses and other related structures based on current market prices of materials and labor without depreciation or deductions for salvaged building materials;

(iv) Standing crops equivalent to the current market value of the crop at the time of compensation;

(v) Perennial crops and trees, cash compensation equivalent to the current market value given the type, age and productive value (future production) at the time of compensation;

(vi) Timber trees, based on diameter at breast height at current market prices; and/or

(vii) Others.

Replacement Cost Study

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

Resettlement This includes all measures taken to mitigate any and all adverse social impacts of the project on AP property and/or livelihoods, including compensation, relocation (where relevant), and rehabilitation as needed.

Resettlement Plan

This is a time-bound action plan with budget setting out compensation and resettlement strategies, objectives, entitlement, actions, responsibilities, monitoring and evaluation which are all aimed at helping APs re-establish their pre-project standards of living.

Resettlement Effects

Resettlement Effects mean all negative situations directly caused by the project including loss of land, property, income generation opportunity, and cultural assets as triggered by the project.

Right-Of-Way The right-of-way is a public available and governmental owned strip of land following a centerline (such as for roads, canals, etc.) providing an area of access. The project will use the complete area where necessary. In case some of the ROW has been encroached upon by informal occupiers/ formal users (for example people now living, doing business, or cultivating land within the ROW), the project intends to adopt a corridor-of-impact (COI) within the ROW to avoid adverse land acquisition and resettlement related impacts.

Severely Affected Persons

This refers to affected persons or households who:

(i) Need to be relocated;

(ii) Lose 10% or more of productive assets; and/or

(iii) More than 40% of the surface of the house is damaged (or where assets are affected only partially but the remaining assets are rendered unviable for continued use and relocation might be necessary for that reason (Guidelines on Resettlement Compensation, WREA, March 2010).

Page 11: 45301-003: Water Supply and Sanitation Sector Project · 2019-03-21 · PCS project steering committee (national) ... PNP provincial . nam papa . PPSC provincial project steering

ADB – MPWT: Water Supply and Sanitation Sector Project LACCAP – Botene Subproject

viii

SELECTED DEFINITIONS OF LARC RELATED TERMS (AS DEFINED IN THE PROJECT RF)

Significant Resettlement Effects

Involuntary resettlement impacts of a subproject are considered significant if 200 or more persons will experience major impacts, which are defined as (i) being physically displaced from housing, or (ii) losing 10% or more of their productive assets (income generating) as per OM Section F1.

Vulnerable Groups

These are distinct groups of people who might suffer disproportionately or face the risk of being further marginalized by 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) Children and the elderly household heads who are landless and with no other means of support;

(v) Landless households; and/or

(vi) Indigenous people or ethnic minorities.

Page 12: 45301-003: Water Supply and Sanitation Sector Project · 2019-03-21 · PCS project steering committee (national) ... PNP provincial . nam papa . PPSC provincial project steering

ADB – MPWT: Water Supply and Sanitation Sector Project LACCAP – Botene Subproject

9

1. EXECUTIVE SUMMARY

1.1 Introduction

1. During the ongoing construction phase, there occurred a geotechnical issue leading to ground water related reasons for additional land requirements in order to adjust the lay out of the water treatment plant in an extended area.

2. This Land Acquisition and Compensation related Corrective Action Plan (LACCAP) contains only two measures, viz. the acquisition of private land and the payment of compensation.

1.2 Corrective Action Plan

3. There is one corrective action concerning the acquisition of 3,797 sqm private land. This has been completed to the satisfaction and in agreement with the involved subproject stakeholders affected household (AH), project implementation unit (PIU) and the implementing agencies (IAs). This portion of land represents 3.3% of the AH’s total productive land.

4. The second correction action concerns the related fixation and payment of LAK 37,970,000 (equivalent to USD 4,402) compensation has been discussed and agreed between the AH and PIU and IA. Payment took place on 09 January 2019.

5. There was a need to complete this action in an as immediate as possible way, in order to allow the preparation of the partly revised construction design, and therefore to avoid delay of the related construction work.

1.3 Conclusion

6. The corrective measures comply with safeguard due diligence requirements including meaningful consultation with AH, joint transect walks to affected site, conducted surveys (Detailed Measurement Survey and Socio-Economic Survey of the Affected Household), and completed acquisition and compensation of land. They are documented in this LACCAP.

7. No further action required.

2. PROJECT DESCRIPTION

2.1 The Water Supply and Sanitation Sector Project

8. The Project will improve the performance of provincial water utilities, called provincial nam papas (PNPs), and expand access to safe piped water supply and sanitation for urban residents in small towns in the Lao PDR. It will contribute to the government’s urban sector targets (90% coverage for piped water supply and 100% coverage for sanitation by 2030) by improving sector coordination and policy implementation in corporatization, improving nonrevenue water (NRW) management and expanding water supply in provincial towns, developing new water supply systems in small towns, enhancing community action in urban water supply and sanitation, and strengthening capacity for project implementation and operation and maintenance (O&M). The Project will expand water and sanitation services to small district towns, provincial capital towns and their peri-urban areas in accordance with the Government’s urban water supply and sanitation strategy, 2013–2030, and water supply investment plan, 2012–2020. 9. Eleven (11) towns have been assigned a high priority based on the following criteria (i) Current performance; (ii) Government development priority; (iii) projected population and growth rate; (iv) development potential; (v) poverty status; (vi) previous investment in water supply and sanitation in the province; and (vii) previous inclusion on the Small Town Water Supply and Sanitation Sector Project (STWSP) long-list.

Page 13: 45301-003: Water Supply and Sanitation Sector Project · 2019-03-21 · PCS project steering committee (national) ... PNP provincial . nam papa . PPSC provincial project steering

ADB – MPWT: Water Supply and Sanitation Sector Project LACCAP – Botene Subproject

10

2.2 Botene Subproject

10. This subproject is one of four subprojects of Phase II. It includes the construction of a water supply system, sanitation works and financial and technical assistance for village environmental improvements in four core villages of Taling, Nakok, Nasan, and Mouangham. 11. The water supply system of Botene will be designed to operate in one distribution system by developing a new water supply scheme including water source facilities, WTP, and reservoir, all designed for 15 years (2034) while the pipelines’ capacity is designed for 20 years (2039) from the date of commissioning in 2019.

Technical Facilities:

The proposed works include: (i) an intake box on the Nam Hum River with small-head pumping to a transfer tank; (ii) 1,300 m raw water transmission main to the pre-sedimentation tank; (iii) 1,400 m3/d water treatment plan (WTP) with pre-sedimentation, flocculation, sedimentation with lamella technology, rapid sand filtration, backwash tank, air blower, and chlorine dosing facilities, laboratory and polyaluminum chloride (PAC) dosing facilities, and a detention pond; (iv) and a 550 m3 clear water ground reservoir at the WTP. The distribution network will include approximately 8 km of main distribution pipeline and 35 km rider mains.

Other Facilities:

A PNP office will be constructed near the District Government offices. Equipment for operation and maintenance (O&M) of the water supply system will be procured, including basic tools, laboratory and office equipment. At the PNP office customers may pay water bills, apply for connections and consult with the PNP. PNP staff will receive training in water supply utility management, operation and maintenance and basic non-revenue water (NRW) management.

3. ADDITIONAL LAND REQUIREMENT

3.1 Completed Land Acquisition during Pre-Construction Phase

12. This subproject with its components involves physical changes through civil works mainly within existing corridors of impact, and requires acquisition of private productive land. The chosen engineered design, a detailed measurement survey (DMS) and a socio-economic survey of affected households (SESAH) confirmed in October 2017 two cases of permanently affected loss of 4,400 private productive land (land acquisition screening) for which 2 AHs (with 10 APs) received compensation payments. AH members, village representatives, PNP, PIU and PIA were actively involved.

13. The Final Updated LACP was accepted by ADB and published on ADB’s web site in January 2018.

3.2 WTP Construction Site Ground Water Issue

14. During the ongoing construction work, ground water seepage at the treatment plant site caused in September 2018 problems so that some of the structures require new locations due to high risk of land slide. Impressions are shown in Annex 1.1-2.

15. Alternative layout options within the existing land of the water treatment plant were considered. However, the limited area and steep terrain do not allow the implementation of such options, which aimed at avoiding additional land requirements.

3.3 Additional Land Requirement during Construction Phase

16. Based on the site conditions the best option is to extend the construction area towards Eastern direction. It was agreed with PCU, PIU and provincial authorities that this option is

Page 14: 45301-003: Water Supply and Sanitation Sector Project · 2019-03-21 · PCS project steering committee (national) ... PNP provincial . nam papa . PPSC provincial project steering

ADB – MPWT: Water Supply and Sanitation Sector Project LACCAP – Botene Subproject

11

necessary to continue the construction activities. This leads to an additional land requirement of 3,797 sqm.

17. The cost estimate for loss of permanent land has been based on the applied compensation unit rates (see Attachment 2.2), and discussions with each AH and PIU/PNP considering current values. The findings of the DMS for the IOL and the status of AHs are provided in detail in Attachment 3 and 4. 18. The one AH contacted during the consultation meeting and the socio-economic household survey, indicated the willingness to sell a portion of the land to support the subproject. 4. DUE DILLIGENCE BASED CORRECTIVE ACTIONS

4.1 Additional Land Acquisition

19. After completion of the adjusted layout of the water treatment plant the DMS took place in the presence of the land owner, IA and the contractor (see Attachment 1.1-1). The IoL shows that the loss of land represents only 3.3% which the AH confirmed as a minor loss not having impacts on his living standard or livelihood situation.

4.2 Affected Household

20. It concerns Mr. Xiendeth and his household. This household was one of the two AHs who lost a portion of their land for the WTP area in 2017 already.

21. For the household’s socio-economic situation the AH was surveyed (SESAH) again in January 2019. The results show that the socio-demographic features of the household did not change since October 2017. Concerning the economic character of the household, there is obviously a change from a previously two sources (business and farming) based monthly income of 6 million LAK to a now farming based one sourced monthly income of 11.34 million, which could be related to the replacement land he received during the pre-construction phase.

4.3 Consultation and Joint Transect Walk

22. Discussion about the subproject’s requirement took place and a joint transect walk to the WTP construction sites was undertaken in January 2019 as shown in Attachment 2.1-3.

4.4 Compensation

23. The existing compensation rates as applied for this subproject (Attachment 1.1-1) were used for the calculation of the value of land to be compensated to the AH. The compensation amount calculated to LAK 37,970,000. This is the second time Mr Xiendeth makes satisfactory experience concerning provision of compensation payments by the subproject. This time in cash-compensation compared with the in-kind compensation in 2017.

4.5 New Land Use Certificates

24. New land use certificates for AH and PNP were issued as shown in Attachment 2.1-4.

4.6 Construction Phase

25. The construction started on 14 May 2018 with a scheduled completion by 14 October 2019. The land acquisition did not lead to any delays for the construction. However, the adjustment of the water treatment layout and contract variation took about four months to complete, but due to proactive actions of the PIU, district authorities and cooperation of the AH no major delays are anticipated.

Page 15: 45301-003: Water Supply and Sanitation Sector Project · 2019-03-21 · PCS project steering committee (national) ... PNP provincial . nam papa . PPSC provincial project steering

ADB – MPWT: Water Supply and Sanitation Sector Project LACCAP – Botene Subproject

12

5. CONCULSIONS

5.1 Performed Corrective Actions

26. The corrective actions were discussed and agreed between PIU, IAs, and AH.

27. The compensation payment has been completed before any construction work started on the extended water treatment plant area.

5.2 Meeting Due Diligence Requirements

28. With regard to consultation, joint transect walks, and surveys (DMS and SESAH) the applied corrective actions are in line with the due diligence requirements as already satisfactory carried out during pre-construction phase.

29. They are documented in the attachments.

5.3 Subproject Category

30. As there is no overall change through this minor land acquisition, this subproject remains classified as Category B under ADB SPS (2009).

Page 16: 45301-003: Water Supply and Sanitation Sector Project · 2019-03-21 · PCS project steering committee (national) ... PNP provincial . nam papa . PPSC provincial project steering

ADB – MPWT: Water Supply and Sanitation Sector Project LACCAP – Botene Subproject

13

ATTACHMENT 1.1-1: LAC FACT FINDING

Selected Pictures

PHOTO 1 AND 2

MEETING AT CONSTRUCTION SITE

PHOTO 3 AND 4

JOINT MEASUREMENT

PHOTO 5 AND 6

AGREEMENT ON CORRECT DMS

Page 17: 45301-003: Water Supply and Sanitation Sector Project · 2019-03-21 · PCS project steering committee (national) ... PNP provincial . nam papa . PPSC provincial project steering

ADB – MPWT: Water Supply and Sanitation Sector Project LACCAP – Botene Subproject

14

ATTACHMENT 1.1-2: LAC FACT FINDING

Selected Pictures

PHOTO 7 CONSTRUCTION MEETING PHOTO 8: WEIR CONSTRUCTION SITE

PHOTOS 9 AND 10 IMPRESSIONS FROM WTP CONSTRUCTION SITE

PHOTOS 11 AND 12: IMPRESSION FROM GROUND WATER CONDITIONS AT WTP CONSTRUCTION SITE

PHOTOS 13 AND 14: IMPRESSION FROM GROUND WATER CONDITIONS AT WTP CONSTRUCTION SITE

Page 18: 45301-003: Water Supply and Sanitation Sector Project · 2019-03-21 · PCS project steering committee (national) ... PNP provincial . nam papa . PPSC provincial project steering

ADB – MPWT: Water Supply and Sanitation Sector Project

LACCAP – Botene Subproject

15

ATTACHMENT 1.2: LAC RELATED FACT FINDING

Calculated Land Requirement for Extended WTP Area

Page 19: 45301-003: Water Supply and Sanitation Sector Project · 2019-03-21 · PCS project steering committee (national) ... PNP provincial . nam papa . PPSC provincial project steering

ADB – MPWT: Water Supply and Sanitation Sector Project

LACCAP – Botene Subproject

16

ATTACHMENT 2.1-1: ACQUISITION AND COMPENSATION

SIGNED AGREEMENT

Lao Land Certificate in Lao No. 125/DONRE Iterate translation into English

Lao People`s Democratic Republic Pease independent Democracy Unity Prosperity

Province Xayabuly

District Botene

Minute of Meeting. / Agreement for compensation land.

Between Aps and resettlement committee of WSSP; Botene district; Xayabuly Province.

- Pursuant to technical minute meeting on 13 Dec 2018

- Pursuant to notify letter No. 0002/ on 4 Jan 2019

- Pursuant to agreement of Head of Department Public work and Transport on 7 Jan 2018

On 9 Jan 2019; at district meeting room; the resettlement committee and land owner or AP; Mr. Xiengdeth and Ms. Thongsouy; resident in Ban Mouenghom

Botene district had agreed with resettlement committee that;

1. Mr. Xiengdeth and Ms. Thongsouy agree to transfer the land total area 3,797m2 back to Government for the WTP in Botene district

2. The government district agree to compensation to this family 10.000/m2; According Unit rate No. 114/BT; on 25 April 2017. And the total area 3,797 m2 x 10.000 LAK/m2 = 37,970,000 KIP

This agreement to pursuant or referent to implementations of the WSSP in Botene.

Head of Resettlement com; AP/Land Owner; District PIU

Mr. Bounthong VANNA Ms. Thongsouy Mr. Southasin

Page 20: 45301-003: Water Supply and Sanitation Sector Project · 2019-03-21 · PCS project steering committee (national) ... PNP provincial . nam papa . PPSC provincial project steering

ADB – MPWT: Water Supply and Sanitation Sector Project

LACCAP – Botene Subproject

17

ATTACHMENT 2.1-2: ACQUISITION AND COMPENSATION

PARTICIPANT LIST

Lao Iterate translation into English

List of Participation on 9 Jan 2019

At District Office Meeting Room;

No. Name Details Responsibility

1 Mr. Bounthong Government Office Deputy governor

2 Mr. Vilath PWT Head of Section

3 Mr. Ariya Khanty Water Supply Director

4 Mr. Maiyeng Inspector Head Office dist.

5 Mr. Khampong Police Head

6 Mr. Bounchanh DORE Deputy

7 Mr. Soulin Government Office Head

8 Mr. Puthasin PIU Deputy

9 Mr. Phimchanh PWT Technical

10 Mr. Somphonh PIU Head

11 Mr. Linthong DONRE Technical

12 Mr. Sonboun PWT Deputy

13 Mr. Xiengdeth Land Owner, husband

14 Ms. Thong Souy Land Owner, wife

15 Mr. Xaiyaphon PIU Botene

Page 21: 45301-003: Water Supply and Sanitation Sector Project · 2019-03-21 · PCS project steering committee (national) ... PNP provincial . nam papa . PPSC provincial project steering

ADB – MPWT: Water Supply and Sanitation Sector Project

LACCAP – Botene Subproject

18

ATTACHMENT 2.1-3: ACQUISITION AND COMPENSATION

PAYMENT OF COMPENSATION

Given Compensation

Amount: 37,970,000

Date 9 January 2019

Official handing over of

compensation payment

to AH on 9 January 2019

Page 22: 45301-003: Water Supply and Sanitation Sector Project · 2019-03-21 · PCS project steering committee (national) ... PNP provincial . nam papa . PPSC provincial project steering

ADB – MPWT: Water Supply and Sanitation Sector Project

LACCAP – Botene Subproject

19

ATTACHMENT 2.1-4: ACQUISITION AND COMPENSATION

Land Use Certificate of PNP for WTP Area Land Use Certificate of AH for Affected Land

Lao People`s Democratic Republic Pease independent Democracy Unity Prosperity

Botene

DONRE Code: 4165

Land document for tax fee

Pursuant to decree No. 01 date on 08/07/2007

Mr. Xiengdeth + Ms. Thongsouy; Resident in Ban Mouenghom; Botene District; Xayabuly Province;

This document to conformation that; No. 916 date on 1/ May 2007

Total Land area 8.269 m2;

Page 23: 45301-003: Water Supply and Sanitation Sector Project · 2019-03-21 · PCS project steering committee (national) ... PNP provincial . nam papa . PPSC provincial project steering

ADB – MPWT: Water Supply and Sanitation Sector Project

LACCAP – Botene Subproject

20

ATTACHMENT 2.2-1: ACQUISITION AND COMPENSATION

DISTRICT COMPENSATION UNIT RATES

Lao Lao

Page 24: 45301-003: Water Supply and Sanitation Sector Project · 2019-03-21 · PCS project steering committee (national) ... PNP provincial . nam papa . PPSC provincial project steering

ADB – MPWT: Water Supply and Sanitation Sector Project

LACCAP – Botene Subproject

21

ATTACHMENT 2.2-2: ACQUISITION AND COMPENSATION

DISTRICT COMPENSATION UNIT RATES

Lao English Summary

District (March 2017)

No. Village Location

Category

I II III IV V

“Main (bigger)

road”

“Smaller (sec.) road”

“Smaller soil road”

“Walking track”

“Walking paths”

(interpreting translation)

Residential Land [Kip / sqm]

1 Nasan

In central area of town

70,000 60,000 40,000 0 30,000

2 Nakok

3 Taling

4 Mouan-gham

5-27 Other villages listed

Agricultural Land [Kip / ha]

1 Nasan

In central area of town

150,000,000 100,000,000 70,000,000 50,000,000 40,000,000

2 Nakok

3 Taling

4 Mouan-gham

5-27 Other villages listed

Page 25: 45301-003: Water Supply and Sanitation Sector Project · 2019-03-21 · PCS project steering committee (national) ... PNP provincial . nam papa . PPSC provincial project steering

ADB – MPWT: Water Supply and Sanitation Sector Project

LACCAP – Botene Subproject

22

ATTACHMENT 3.1:

INVENTORY OF PRIVATE LOSS – DETAILS ON AFFECTED HOUSEHOLDS AND THEIR LOSSES

Page 26: 45301-003: Water Supply and Sanitation Sector Project · 2019-03-21 · PCS project steering committee (national) ... PNP provincial . nam papa . PPSC provincial project steering

ADB – MPWT: Water Supply and Sanitation Sector Project

LACCAP – Botene Subproject

23

ATTACHMENT 4.1:

OVERVIEW OF AHS’ STATUS, VULNERABILITY AND AFFECTEDNESS

ATTACHMENT 4.2: OVERVIEW OF AHS’ INCOME, RELATED SOURCES AND CATEGORIZATION