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Resettlement Planning Document Short Resettlement Plan Document Stage: Final Project Number: 37287 October 2011

Cambodia: Tonle Sap Lowlands Rural Development Project (Loan 2376/Grant 0092-CAM) Prepared by Ministry of Water Resources and Meteorology for the Asian Development Bank. The Short Resettlement 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.

KINGDOM OF CAMBODIA NATION RELIGION KING

Tonle Sap Lowlands Rural Development Project

- ABD Loan 2376 - CAM (SF):

- ADB Grant No. 0092- CAM (SF):

Short Resettlement Plan (SRP)

for

Pursat Province

Batch I and Batch II

August 2011

RksYges

dækic© nig hirBaØvtßú

* *

Inter-ministerial Resettlement Committee Ministry of Water Resources and Meteorology

Table of Contents ACRONYMS AND ABBREVIATIONS 1. INTRODUCTION .................................................................................................................... 1 2. SCOPE OF LAND ACQUISITION AND RESETTLEMENT .............................................. 1 3. SOCIO-ECONOMIC PROFILE ............................................................................................. 3 3.1. Methodology ....................................................................................................................... 3 3.2. General Characteristics and Income Sources ...................................................................... 3 3.3. Employment and Income Sources ....................................................................................... 3 3.4. Access to Utilities and Services .......................................................................................... 3 3.5 Vulnerable Households ....................................................................................................... 3 3.6 Income Restoration among Vulnerable and severely affected Households ........................ 4 4. COMPENSATION AND ENTITLEMENT POLICY ........................................................... 5 5. INSTITUTIONAL ARRANGEMENT ............................................................................... 10 6. PUBLIC DISCLOSURE AND CONSULTATION ......................................................... 14 6.1 Public Information Booklet ............................................................................................... 14 6.2 Consultation ...................................................................................................................... 14 6.3 Grievance Redress ............................................................................................................... 14 7. LAND ACQUISITION AND RESETTLEMENT COSTS .................................................. 15 8. MONITORING AND EVALUATION ................................................................................ 16 8.1 Internal Monitoring ........................................................................................................... 16 8.2 External Monitoring .......................................................................................................... 17 9. RESETTLEMENT IMPLEMENTATION SCHEDULE ..................................................... 17 Annex 1: Cover letter of the Approved TSLSP Resettlement Framework ........................... 18 Annex 2: Agricultural Product Prices ...................................................................................... 19 Annex 3: Replacement Cost Study ......................................................................................... 21 Annex 4: Public Information Booklet .................................................................................... 24 Annex 5: Minutes of 2 Public Consultations with AHs ......................................................... 37 Annex 6: No Objection from CARM ..................................................................................... 39 Annex 7: Terms of Reference (TOR) for External Monitoring ............................................. 40

ACRONYMS AND ABBREVIATIONS

ADB Asian Development Bank AHs Affected Household(s) APs Affected Person(s) DMS Detailed Measurement Survey FGDs Focus Group Discussions HA Hectare

IRC Inter-ministerial Resettlement Committee IRC-WG Inter-ministerial Resettlement Committee Working Group

MOW RAM Ministry of Water Resources and Meteorology NWISP North-West Irrigation Sector Project PDAFF Provincial Department of Agriculture Forestry and Fisheries PIU Project Implementation Unit

RCS Replacement Cost Study RP Resettlement Plan RU Resettlement Unit SRP Short Resettlement Plan TOR Terms of Reference TSLSP Tonle Sap Lowlands Stabilization Project TSLRDP Tonle Sap Lowlands Rural Development Project

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1. INTRODUCTION

1. This Short Resettlement Plan (SRP) provides the analysis of impact and planned resettlement in Pursat Province related to land loss in Batch I and Batch II subprojects, being carried out under ADB Loan 2376 - CAM (SF): Tonle Sap Lowlands Rural Development Project (TSLRDP). Batch I consists of the Natural Pond Subproject at Kaunthnauth Village, Bakan District, Pursat Province. Batch II includes a total of thirteen subprojects in the Otatong Secondary Canal irrigation system also in Rumlech Commune, Bakan District, Pursat Province. Six of which are for the rehabilitation and widening of the secondary canal and seven for rehabilitation of tertiary feeder canals.

2. The TSLRDP, supported by Asian Development Bank (ADB) is part of the Tonle Sap Initiative of the Royal Government of Cambodia and the ADB, and is aimed specifically at providing livelihoods development support to the mainly rice growing populations of the Tonle Sap Lowlands, of a kind which will relieve pressure on the natural resources of the Tonle Sap biosphere. 3. The project is aimed at combining the development of rural infrastructure, agricultural productivity and irrigation systems in sustainable livelihood development under the guidance and management of Commune Councils. For this purpose the project combines the resources of the Ministry of Rural Development (MRD) with those of the Ministry of Agriculture Forestry and Fisheries (MAFF), and the Ministry of Water Resources and Meteorology (MOWRAM). The MOWRAM is the lead agency and EA. Of the subprojects being undertaken by the three Ministries, only irrigation sub-projects undertaken with the support of the MOWRAM have minor impact on land or structures and are the subject of preparing a Short Resettlement Plan (SRP).

4. All are of limited impact, affecting less that 200 persons or 40 households, and are thus Category B, requiring resettlement in the form of only limited compensation and related support and managed by the Provincial and line agencies with the guidance of the Inter-Ministerial Resettlement Committee (IRC). These will be set out in SRP on Compensation and Resettlement to be included, in accordance with the Resettlement Framework of the Tonle Sap Lowland Stabilization Project (TSLSP) prepared by ADB project consultant and approved by IRC on 07 September 2007 (See Annex 1: cover letter).

5. The objective of the SRP is (i) to provide the details of impact of Batch I and Batch II irrigation subprojects being implemented in Pursat Province under the project and the measures being taken to mitigate these impacts, and (ii) to provide compensation and assistances to restore the livelihoods and wellbeing of Affected Households (AHs).

2. SCOPE OF LAND ACQUISITION AND RESETTLEMENT

6. The Batch I involves in the Natural Pond and Batch II subproject involves the expansion of a natural pond which will provide irrigation to 3,122.81m2 agricultural land in the surrounding irrigation command area. Civil work under the subprojects and related civil works will expand the capacity of the pond and create a water gate. Only three households will suffer land loss of agricultural land by the Natural Pond expansion.

7. Batch II of the Pursat irrigation programme is for increased capacity in the Otatong irrigation system, involving 6 Secondary Canal subprojects and seven tertiary canal sub-projects. The impact is primarily on rice land, 12.05 ha., and residential land 0.25 ha. No structures are affected. A total of 86 trees and fruit trees are lost.

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Table 2.1: Summary data of impact for Batch I and II in Pursat

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3. SOCIO-ECONOMIC PROFILE

3.1. Methodology 8. Study of the socio-economic profile of the Pursat Batch 1 and Batch 2 project areas was conducted:

• by means of secondary data, drawn from other studies and from the 2009 NSI Socio-Economic Survey and from Commune statistics;

• from informal focus group discussions and consultation with village headmen; and • from the DMS, which provided database information on vulnerable households, on

water lighting and fuel supply, and on educational enrolment and occupations.

3.2. General Characteristics and Income Sources 9. The eastern part of Pursat Province, and the project area, are lowland areas with mainly paddy rice production, flood-fed and single cropped. All villages have a proportion of households with migrant labour workers, most often agricultural laborers, construction and garment workers, sending remittances to the home households on a regular basis.

3.3. Employment and Income Sources 10. Affected household heads are over 90% farmers, with some 30% households having members with off-farm and migrant occupations and income sources

3.4. Access to Utilities and Services 11. About 95% of affected households depend on pond or rivers for water supply. Only one household among affected households has a flush toilet, and the majority use adjoining bush or rice fields to defecate. Over 94% depend on fuel wood for cooking, and about 70% use kerosene lamps for lighting, with some 30% having batteries or generators. 12. Primary school attendance is approximately 85% in grades 1 to 2, with severe drop out occurring in later primary school classes. Secondary school attendance in rural areas is about 40% in the project areas, with similar enrolment for girls and boys.

3.5 Vulnerable Households 13. The DMS has demonstrated that there are between 15 and 18% of households which are vulnerable, primarily because of age or widowhood, in both cases leading to inadequate labour and accessible income sources from agriculture and off-farm livelihoods. About 40–60% of households in the provinces adjoining the lake are below the official poverty line, with a peak of 80% in some areas (ADB TA, Project No. 37287, Preparing the Tonle Sap Lowland Stabilization Project, December 2005). 14. Traditional reliance of annual recourse to fishing and Prahoc making and to the collection of fuel wood from the flooded forest of the Tonle Sap Biosphere has become uneconomic, and many families now depend on waged agricultural labour for their livelihoods. Migrant labour to Phnom Penh or to Thailand has been increasingly important for up 30% of households in the project area. 15. Women headed households are about 25% of the rural areas of Pursat as a whole, so

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that, with the incidence of aged or chronically ill or very poor households, there is a high level of vulnerable households, for whom additional assistance from the TSLRDP will be necessary. Table 3.1 Pursat Batch I Natural Pond: Vulnerable Households

eQμaHPUmi cMnYnRKYsar RKYsarBikar RsþIemm:ay cas;Cra Village Name Aps Hh Disable H/h Widow Aged H/h

ŪÐФ⅜ũ Kaunthnauth 3 0 0 3

Table 3.2. Vulnerable Households Batch II Village Name Canal No. Aps Hh Total of Aps Disable

H/h Widow Aged

H/h Poor AHs

Sdokla 1 SC1 28112

0 3 0

Kvav 2 SC2 31103

0 7 4 0

Kvav 3 SC3 2995

0 1 0 0

Kvav 4 SC4 1657

1 0 1 0

Kvav 5 SC5 2299

0 1 0 0

Damnak Trach

6 SC6 2379

0 4 0 0

Sdokla 7 TC1 1449

1 3 1 0

Sdokla 8 TC2 1989

0 2 1 0

Sdokla 9 TC3 1248

0 1 0 0

Sdokla 10 TC4 1961

0 4 2 0

Sdokla 11 TC5 1444

1 2 2 0

Kvav 12 TC6 1122

0 1 0 0

Kvav 13 TC7 913

0 1 1 0

Total 247 871 3 30 12 0

3.6 Income Restoration among Vulnerable and severely affected Households 16. There are, based on the DMS, 45AHs are vulnerable households with 48 vulnerable factors and 2AHs have lost their productive land of more than 10% of the total productive land. These 47AHs (45 vulnerable AHs and 2 severely affected AHs) are entitled to (1) living allowance of six months based on rice consumption and (2) livelihood restoration as part of the community development. To restore their livelihood, there are two factors offsetting low incomes:

• the improvement in productivity which will be provided by improved irrigation, and • the support which will be provided to all households in need, through agricultural

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extension and small project support by PDAFF. 17. Those vulnerable and severely affected households in need will be assisted under these integrated support operations of the project, aimed at livelihoods and community development for Tonle Sap Lowlands communities in the project villages. IRC will send the name list of the 47AHs to MOWRAM for including in the livelihood and community development program. 18. The support provided for vulnerable households and severely affected is, therefore, provided a transition allowance of six months equals to USD2401/household. The measures for livelihood and community development for which resources are included in the project technical assistance budget for all project communities and aim at more specifically at livelihoods diversification and generation among low income households. 19. The latter will be addressed specifically to the needs of aged and women household heads, notably for improved rice production, for vegetable production, livestock husbandry, post-harvest and small enterprise development. These are set out in TSLRDP Provincial and Commune plans, and will be primarily carried out by the Provincial Department of Agriculture, TSLRDP focus point staff and community assistants in cooperation with Commune Councils and Village Development Committees, and with consultant staff. 4. COMPENSATION AND ENTITLEMENT POLICY

20. Objective: The overall objective of the compensation and entitlement policy for the Subprojects, in package of the TSLRDP, is to ensure that all people affected by the Project are able to maintain and, preferably, improve their pre-project living standards and income-earning capacity through compensation for the loss of physical and non-physical assets and, as required, other assistance and rehabilitation measures. The entitlement matrix may not cover all types of impacts but can be set up in Table 4.1 below of this SRP based on the findings of the social assessment and subproject specific impacts.

21. Principles: The following principles have been adopted for the TSLRDP to guide the compensation and entitlement policy:

(i) Acquisition of land and other assets, and resettlement of people will be avoided or minimized as much as possible by identifying possible alternative project designs.

(ii) Lack of legal rights to the assets lost or adversely affected tenure status or citizenship, social or economic status will not bar the AH from entitlements to such compensation and rehabilitation measures or resettlement objectives2.

(iii) Compensation at replacement cost will be applied to all losses except illegally occupied land; and all AHs, regardless of whether or not they have recognizable rights or claims to land, will be entitled to compensation at full replacement cost

1 Based on the Agricultural Marketing Bulletin issued in June 2011 (Annex 2), the price of mixed rice in Pursat is 1754Riels/Kg or USD0.40/Kg. With an average 5 members in an AH, the transition allowance is calculated by 5 x 20 x 0.4 = USD40/month. 2 People without legal rights are referred to as ‘non-titled’ in the ADB Operations Manual, and include those who have no recognizable rights or claims to the land that they are occupying and/or using. The policy also states that restoration measures must be determined in consultation with affected communities, including those people who might not be formally recognized in national legislation. Those without legal title to land and/or structures occupied or used by them (e.g., squatters) are entitled to various options of resettlement assistance, provided they cultivated/occupied the land before the eligibility cut-off date.

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based on prevailing market prices for the following affected assets and losses: structures, crops, tree and other physical assets; and businesses, business income and other sources of income. There will be no deductions in compensation payments for land, structures or other affected assets for materials savage value, depreciation, taxes, stamp duties, fees or other payments. AHs without recognizable rights or claims to land will be assisted to find alternative sites or income sources, depending on their losses.

(iv) AHs that lose only part of their physical assets will not be left with a portion that will be inadequate to sustain their current standard of living. The minimum size of a remaining residential plot of land will not be less than 30 m2.

(v) Due attention will be given that all the vulnerable and severely AHs will become beneficiaries of subprojects or TSLRDP project interventions.

(vi) Temporarily affected land and communal infrastructure will be restored to pre-project conditions.

(vii) Vulnerable Group Strategies will be implemented in order to protect socially and economically vulnerable groups at high risk of impoverishment, such as poor households, ethnic minority groups, female-headed households, disabled-headed households, landless households, and elderly people who are 60 or over without support structures. Special measures are included in the Entitlement Matrix.

22. Entitlement Matrix: The Entitlement Matrix (Table 4.1) summarizes different types of impacts, which AHs are eligible for their entitlements and compensation; and provides guidance on implementation issues.

Table 4.1: Entitlement Matrix

Type of Impact

Level of Impact

Entitled Persons Compensation Policy

1. Agricultural land (including fishponds) Temporarily affected agricultural land

Loss of use of the land for a period less then 1 year

User with legal or legalizable/ recognized right

� No compensation for land (if returned to original user). � Assets affected temporality will be restored to pre-project or better condition. � Cash compensation for loss of standing crops and trees at replacement cost ; AND � Compensation for loss of net income from subsequent crops that cannot be planted.

User with lease or permissory right

� No compensation for land (if returned to original user). � Assets affected temporality will be restored to pre-project or better condition. � Cash compensation for loss of standing crops and trees at replacement cost; AND � Compensation for loss of net income from subsequent crops that cannot be planted within the remaining lease/assigned period.

Non-legal user

� No compensation for land (if returned to original user). � Assets affected temporality will be restored to pre-project or better condition.

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� Cash compensation for loss of standing crops and trees at replacement cost.

Permanently affected agricultural land

Loss is less than 10% of total productive assets (e.g., 10% of total landholdings)


� Cash compensation at full replacement cost for affected land.



� Cash compensation for loss of net income for the remaining leased/assigned period. � Cash compensation for loss of standing crops and trees at replacement cost.

Non-legal user


Loss is equal to 10% or more of total productive assets (e.g., 10% of total landholding)


� Replacement land of equal area and productivity at a location acceptable to AHs in the same commune, OR

� Cash compensation for acquired land at full replacement cost; AND � Cash compensation for loss of standing crops and trees at replacement cost.


� Replacement land of equal area and productivity at a location acceptable to AHs in the same commune; OR � Cash compensation for lost income from the affected land for the remaining lease/assigned period; AND � Cash compensation for loss of standing crops and trees at replacement cost.

Non-legal user

Cash compensation for loss of standing crops and trees at replacement cost. If AH has no other productive land, replacement land will be allocated in lieu of compensation for loss of land use, with equal area and productivity at a location acceptable to AHs in the same commune.

2. Residential and/or commercial land

Temporarily affected

Any type All users � Land restored to the same, if not the same or better condition as before.

Permanently affected

With no structures


� Cash compensation for the affected land at full replacement cost; OR � Replacement land of similar size at a location of not further than 5km from the existing site acceptable to the AH. � Cash compensation for any investment made on the land.

Non-legal user

� Cash compensation for loss of land use. � Cash compensation for any investment made on the land.

With structures built AND remaining land


� Cash compensation for land lost at full replacement cost; AND

sufficient to reorganize

� Cash or assistance for repair to rebuild the structure in case of partial impact.

� Compensation for any investment made on the land.

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Non-legal user

� Cash compensation for loss of land use. � Compensation for any investment made on the land. With structures built AND remaining land NOT sufficient to reorganize

User with permanent right (legal and legalizable

� Replacement land of equal size at a location of not further than 5km from the existing site acceptable to AHs in the same commune; OR � Cash compensation for the lost land at full replacement cost and assistance from Commune Land Acquisition Committee to locate possible plots for relocation.

Non-legal user

� Cash compensation for loss of land use. � If AH has no other land to rebuild structure, replacement land of 105m2 (7m x 15m) will be allocated in lieu of compensation for loss of land use, at a location of not further than 5km from the existing site acceptable to the AH in the same commune. � Compensation for any investment made on the land.

3. Other private property Owner

regardless of land tenure

� Cash compensation for affected property at replacement cost with no deduction for depreciation or salvageable materials, OR � Compensation to relocate the property, OR Repair of property by contractor to original or better condition.

4. Trees/ standing crops/ fish crops Owner

regardless of land tenure

� Cash compensation for loss of trees and standing crops at replacement cost; � Compensation at replacement cost for trees, calculated on the basis of type, age, and productive value of affected trees.

Village or Commune

� Restoration of affected community buildings and structures at least to their previous conditions; OR � Replacement of affected community buildings and structures, as identified in consultation with communities and relevant authorities.

5. Business and income sources (non-land based assets) AHs losing 10% or more of productive land, losing other income generating assets; and vulnerable AHs (poor households, ethnic minority groups, female-headed households, disabled-headed households, landless households, and elderly people without support structures) .

� Transition allowance: the allowance is provided for six months in cash equal to 20kg of rice per household member per month, or USD2403; AND � Activities under Component 2, which will be determined by affected Communes through participatory decision making.(i) Livelihood Improvement Groups; or (ii) Agricultural Improvement Groups; or (iii) Improvement to Agricultural Support Systems; or (iv) Support for Irrigated Agriculture; (v) Improving Off-farm Income Generation Options.

23. A Replacement Cost Study (RCS) was conducted in the Natural Pond and Otatong Canal subproject command areas in Rumlech Commune during the Detailed Measurement

3 Detailed calculation is in footnote 1.

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Survey (DMS) from April to May 2011. The study was led by an International Resettlement consultant and Cambodian counterparts with participation from 40 AHs and non AHs, through Focus Group Discussions (FGD) of 3-5 different AHs in 5 affected villages.

24. As stated in the 2007 TSLSP resettlement framework, the RCS is conducted to establish reasonable compensation rate reflecting the current market price of the affected land and other properties for calculating the compensation cost to each AH. The summary compensation rates are shown in Table 4.2 and detailed replacement cost study is Annex 3.

Table 4.2: Summary compensation rates

No Discription Unit Rate US$ Land Prices Batch I 1 Agricultural land m2 0.25

Batch II 2 Agricultural land m2 0.323 Residential land m2 1.56

Tree Prices 4 Mango tree 28

5 Coconut tree 31

6 Palm tree 25

7 Cashew tree 15

8 Bamboo tree 10

9 Krasang tree 10

10 Jackfruit tree 33

11 Tamarind tree 10

12 Guava tree 4.15

13 Others (Non fruit tree) tree 5

25. The Project is designed so that the resources of the three concerned line ministries, assisted by the consultant in each Province, will provide ongoing support for project affected households, especially the severely affected and vulnerable households. In consequence, the developmental aspect of resettlement are included in specific planned responsibilities of these Provincial Departments and Commune Councils and are embraced in an integrated and planned basis of income restoration measures for severely affected and vulnerable households. Commune and Provincial sub-project planning will link irrigation projects with community infrastructural and agricultural development in each of the subprojects and affected village communities, with particular attention to income restoration and longer-term development support for those households.

26. The SRP also draws attention to the potential strategic value of this approach to project design and resettlement, which provides a basis particularly of accelerated and integrated planning and implementation of small scale and rehabilitatory water resource development, of importance in the Government’s irrigation sector strategy.

27. Cut-Off Date: The cut-off date is May 2011 which was the completion date of the DMS of AHs within the subproject area boundaries. Incoming person or household or business persons not covered in the DMS, because they were not residing, having assets, or deriving an income from the subproject area, are not eligible for compensation and other entitlements.

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5. INSTITUTIONAL ARRANGEMENT

28. Inter-Ministerial Resettlement Committee: The Inter-Ministerial Resettlement Committee (IRC4) was established in 1999 by the Government. The IRC will be convened for every project with membership from MEF, the Council of Ministers, the Ministry of Public Works and Transport, the Ministry of Agricultural, Forestry and Fisheries and Governors and Deputy Governors of Project provinces to deal with all resettlement issues arising from all projects requiring land acquisition and resettlement. Members may also include representatives of other relevant ministries and/or provincial departments (e.g., Water Resources and Meteorology, Rural Development, Environment and Land Management).

29. Provincial Resettlement Subcommittee (PRS): A Provincial Resettlement Subcommittee (PRS) chaired by the Governor (or his representative) was established in each of the 6 provinces. Membership was include Directors of provincial departments involved in the TSLRDP (Provincial Department of Economy and Finance (PDEF), Water Resources and Meteorology, Rural Development, Environment, Land Management, Women’s Affairs, etc.); and, a permanent deputy from target districts (District Governors or Deputy District Governors).

30. The IRC in close coordination with PRS has been responsible for the TSLRDP in each of the project provinces:

(i) Conducted a provincial replacement cost survey (RCS) in the context of the preparation of LARPs for subprojects involving involuntary land acquisition by recruiting a professional appraiser. Prepare a proposal for compensation rates at replacement cost for each Province, update every year, based on current market prices. Approve compensation rates for subprojects involving involuntary land acquisition.

(ii) Reviewed and approved Land Acquisition and Resettlement Plans (LARPs) for subproject involving involuntary land acquisition, and in concert with MOWRAM submit to ADB for approval.

(iii) Disbursing funds to Department of Economy and Finance (PDEF) to pay for land acquisition, compensation and deliver all other entitlements to AHs, in accordance with the approved LARPs.

(iv) Disbursing funds directly to the line agencies and guidance for conducting the DMS, other surveys and fields and all other resettlement activities required to prepare and implement the LARP.

(v) Reviewing and endorse quarterly provincial monitoring reports, and oversee remedial actions as required; and, review and endorse all external monitoring reports prepared by the independent monitoring organization (IMO).

(vi) Managing and disbursing funds to PDWRAM and PDRD for conducting the other surveys and fields and all other resettlement activities required to implement the approved LARP.

(vii) Submitting IMO reports to MOWRAM, and the ADB.

4 The Ministry of Economy and Finance (MEF) is the permanent Chair of the IRC; the secretariat for the IRC is the Resettlement Unit (RU) at MEF.

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31. Ministry of Water Resources and Meteorology: The Executing Agency (EA) has been assuring overall coordination, planning, implementation and reporting for the TSLRDP. The EA has guided, supported, endorsed and monitored the work of the Provincial Agencies and Provincial Executive Committee (ExCom) in each TSLSP province for all activities related to planning, implementation and monitoring of land acquisition and resettlement where required, including:

(i) Prepared a Guideline on Resettlement and Land Acquisition, in consultation with PRS, which includes training program for provincial resettlement officers, based on this Framework and submit it for approval of ADB.

(ii) Provided initial training5 to provincial implementing agencies’ resettlement focal points and Commune Land Acquisition Committees (CLACs) related to planning, implementation and monitoring of plans and activities for voluntary and involuntary land acquisition.

(iii) Reviewed and approve Commune Land Acquisition and Resettlement Plans (LARPs) that includes all the subprojects involving involuntary resettlement and submit to IRC and ADB for approval.

(iv) Developed internal monitoring indicators, procedures and reporting requirements for all subprojects that are require involuntary land acquisition. Review and endorse quarterly provincial monitoring reports, particularly it concerns management of budget, other resources and schedules; and, oversee remedial actions as required. Review and endorse all external monitoring reports prepared by the IMO.

(v) Coordinated with the PRS and oversee the payment of compensation and allowances to AHs. The funds for payment of compensation and allowances to AHs will be disbursed by IRC directly to provincial Department of Economy and Finance (PDEF).

32. Provincial Line Agencies (PLA): In each Province, each IA, PDWRAM and PDRD, appointed a resettlement focal point with responsibility to coordinate, carry out and monitor land acquisition and resettlement activities as a part of subproject planning (e.g. feasibility study and detailed design). The PRDC and the resettlement focal point will coordinate with the EA, IAs, PRS, and Communes in carrying out the following roles and responsibilities:

(i) Conducted field assessments for initial screening of subprojects to determine land acquisition requirements, and collaborate with provincial resettlement focal point on finalization of subproject proposals.

5 At the inception of the TSLRDP, a capacity building training program focused on how to implement this LARF will be designed by the resettlement specialist (consultant) and implemented for provincial, district, commune and village leaders in the TSLRDP target communes prior to commune subproject planning. The training program will ensure the participation of female leaders and leaders from the Cham and other ethnic minority communities, as well other leaders and representatives of the community organizations. The scope of the training will encompass the policies and procedures set out in the LARF for land acquisition, compensation and resettlement particularly as it relates to the roles and responsibilities of local officials. In addition, the training will be designed to build awareness and leadership skills to address the issues and needs of vulnerable APs. The TSLRDP will also undertake awareness raising and sensitization training regarding vulnerable groups for relevant staff from the EA, the Inter-Ministerial Resettlement Committee (IRC), line agencies at province level, the Commune Land Acquisition Committees (CLACs) and the independent monitoring organization (IMO).

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(ii) Conducted DMS (if necessary, the IRC will lead this survey).

(iii) For subprojects that involve involuntary resettlement, prepare a Commune Land Acquisition and Resettlement Plan (LARP) that includes all subprojects with minor land acquisition and resettlement impacts. Each resettlement focal point coordinated closely with CLACs in the preparation. The Commune LARPs will be consolidated into one Provincial LARP if necessary, and submitted to the EA, IRC to be submitted to ADB for review and approval.

(iv) Guided, supported and oversaw all activities related to public disclosure of information, consultations with AHs and other stakeholders and grievance redress for all subprojects with voluntary land contribution or involuntary land acquisition.

(v) As necessary, coordinated, guided and supported district and commune authorities, NGOs, community organizations and other stakeholders to address requirements for relocation of AHs and/or income restoration strategies.

(vi) Guided, supported and oversaw that appropriate measures are included as required for subprojects that involve voluntary and involuntary land acquisition, to address the needs and preferences of women and female-headed households, poor households and other vulnerable AHs.

(vii) Conducting quarterly monitoring and submit it to PRS.

33. Commune: In each of the 30 target communes included in the TSLRDP, an ad-hoc Commune Land Acquisition Committee was established, chaired by the Commune Chief (or designated representative). The membership of the CLAC wincluded district, commune and village representatives; representatives of AHs for subprojects; and, a resettlement focal point from each IA. In order to address issues of vulnerable AHs adequately, the membership of the CLAC included female and, as relevant, ethnic minority representatives6.

34. The roles and responsibilities of the CLAC, under guidance of the IRC, include:

(i) For Commune Livelihoods Funds (CLF), conducted field assessments for initial screening of subprojects to confirm that there would not be any involuntary resettlement, and collaborate with provincial resettlement focal point on finalization of CLF subproject proposals.

(ii) Organized all activities for public disclosure of information and consultations with AHs associated with the initial subproject screening, voluntary land acquisition and preparation of LARPs for involuntary land acquisition.

(iii) Received, heard and resolved the complaints and grievances of AHs, preferably through a process of conciliation.

(iv) Coordinated with and assist resettlement focal point of each IA to prepare LARPs for subprojects involving involuntary resettlement and Voluntary contribution report.

6 For example: (i) female and/or Cham Commune Councilors; (ii) designated Gender Focal Points (GFP) at the commune and district levels; (iii) female and Cham members of Village Development Committees (VDC); and, (iv) AH representatives that are members of poor households, women, including heads and/or members of AH households and, as relevant, representatives from Cham households or other ethnic minority households.

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(v) Coordinated with and assist PRDC to implement LARPs including, among other activities, payment of compensation and other entitlements to AHs; as required, identification of replacement land and implementation of income restoration measures; and, clearance of acquired land in coordination with schedules for civil works.

(vi) Cooperated when provincial resettlement focal points and IMO to conduct monitoring and evaluation.

Figure 5: Institutional Arrangement for Commune LARP

(Improvement of agricultural water management infrastructure)

Provincial Resettlement

Subcommittee (PRS) recruit professional

appraiser for conduct replacement cost survey

Consultants organizes public consultation to present the draft and

incorporate concerns Line agency supervises

consultants Line agency submits final draft Commune LARP to Provincial

Resettlement Subcommittee (PRS). Line agency can consolidate a number of

Commune LARPs into a Provincial LARP

PRS reviews and approves Commune/Provincial LARP and forward

to MOWRAM

MOWRAM reviews and submit Commune/Provincial LARP to IRC and

ADB for approval

Line agencies prepare monitoring report and submit to PRS and MOWRAM for

inclusion in the quarterly progress report

No resettlement plan will be prepared. However, subprojects’ information including land donation wil l be included in the Commune LARP

No Comm une Land Acquisition and Resettlement Plan not required

Commune Land Acquisition and Reset tlement Plan Required Line Agencies

(PDRAM/PDRD) at provincial level will determine subproject categorization using checklist.

Community involvement processes provide inputs to draft Commune LARP

Resettlement focal point at PDRAM/PDRD contrac t out preparation of draft Commune LARP including: (i) detailed measurement survey; and (ii)

socioeconomic survey. IRC recruits an independent monitoring

organization (IMO)

PRS (Department of Economy and Finance) provide payment for land

acquisition, compensation and allowances

IMO carry out monitoring with AHs and reports semi-annual ly to PRS,

MOWRAM, IRC and ADB

Line agency/ IMO oversee the payment of compensation

Line agencies implement rehabilitation/ business packages

Communes receive, hear and resolve the complaints and grievances of AHs

Commune/Provincial LARP be disclosed in the Commune office.

ADB uploads Commune/Provincial LARP on the website.

IMO carry out evaluation in consultation with AHs and report to

MOWRAM, IRC and ADB

MOWRAM carry out evaluation and submit the report to IRC and ADB.

Community involvement processes provide inputs during the process of monitoring and evaluation

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6. PUBLIC DISCLOSURE AND CONSULTATION

6.1 Public Information Booklet

35. To disseminate information, IRC and the PDWRAM, PDRD in collaboration will prepare and distribute a public information brochure (PIB) to all APs. The PIB was summarize the following information contained in the LARP: (i) subproject description, (ii) subproject impacts including land acquisition requirements, (iii) rights and entitlements of APs, (iv) compensation rates and allowances for different types of losses, (v) grievance redress procedures, (vi) organization roles and responsibilities (vii) implementation schedules and (viii) conditions for voluntary land donation. In the case of a Commune LARP where involuntary land acquisition involves significant resettlement impacts, the PIB was also describe the types of relocation and rehabilitation strategies and allowances. The PIB was also clearly indicate where and how AHs can obtain additional information. The PIB is indicated in Annex 4.

6.2 Consultation

36. Throughout the process of preparation and implementation of TSLRDP subprojects that require voluntary or involuntary land acquisition, IRC-WG, the PDWRAM, and PDRD in collaboration with district, commune and village officials conducted two public consultations on the 11th of April 2011 at 9:00am at Damnaktrach Village, and on 13th of June 2011 at Damnaktrach Pagoda, Damnaktrach Village, Rumleh Commune, Bakan District, Pursat Province and distributed the PIB before the DMS of the affected properties to ensure full disclosure of information to AHs, and establish procedures for grievance redress as stated in the TSLRDP resettlement framework. The minutes of the consultation are in Annex 5.

6.3 Grievance Redress 37. AHs are entitled to lodge complaints regarding any aspect of the LARF or procedures for voluntary and involuntary land acquisition, for example: the procedures and results of the DMS; compensation entitlements, rates and payment modalities; or, strategies and procedures for resettlement and rehabilitation assistance programs. A well-defined grievance redress and resolution mechanism will be established to address AH grievances and complaints in a timely and satisfactory manner. The objective is to resolve complaints as quickly as possible and at the local level through a process of conciliation; and, if that is not possible, to provide clear and transparent procedures for appeal. All AHs will be made fully aware of their rights, and the detailed grievance redress procedures will be publicized through an effective public information campaign.

38. The grievance redress process includes four stages. There are three stages before complaints may be elevated to a court of law as a last resort.

(i) First stage: AHs will present their complaints and grievances verbally or in writing to the CLAC. The CLAC will be obliged to provide immediate written confirmation of receiving the complaint. If after 15 days the aggrieved AH does not hear from the CLAC, 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.

15

(iii) Third stage: The Provincial Grievance Redress Committee meets with the aggrieved party and tries to resolve the situation. The Committee may ask for a review of the DMS by the external monitor (IMO). Within 30 days of the submission of the grievance, the Committee must make a written decision and submit copies to the MOWRAM, PDWRAM, PDRD, IMO, PRS/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. Within 30 days of the submission of the grievance, the Court must make a written decision and submit copies to the MOWRAM, PDWRAM, PDRD, IMO, PRS/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.

39. The Implementing Agency, MOWRAM, will shoulder all administrative and legal fees that will be incurred in the resolution of grievances and complaints if AHs win their case. Other costs incurred by legitimate complaints will also be refunded by the Project if AHs win their case.

40. It is recognized that, in many cases, AHs do not have the writing skills or being able to express their grievances verbally, however, AHs are encouraged to seek assistance from the IMO, the nominated local NGOs or other family members, village heads or community chiefs to have their grievances recorded in writing and to have access to the DMS or other documentation, and to any survey or valuation of assets, to ensure that where disputes do occur all the details have been recorded accurately enabling all parties to be treated fairly.

41. In the case of involuntary land acquisition, if efforts to resolve disputes at the village and Project level remain unresolved or unsatisfactory, AHs have the right to directly discuss their concerns or problems with the ADB Operations Department, i.e., Infrastructure Division, Southeast Asia Department or SEID, through the ADB Cambodia Resident Mission in Phnom Penh. If AHs are still not satisfied with the responses of SEID, they can directly contact the ADB Office of the Special Project Facilitator (OSPF) as outlined in the attached Information Guide to the Consultation Phase of the ADB Accountability Mechanism.

7. LAND ACQUISITION AND RESETTLEMENT COSTS

42. The total estimated cost of involuntary land acquisition and resettlement for TSLRDP subprojects in Pursat Batch I and II is US$67,130.41. This cost is estimated based on (i) the losses inventoried during the detailed measurement survey (DMS); (ii) the entitlements set out in the entitlement matrix of the LARF in 2007; and, (iii) the compensation rates from the replacement cost survey during the DMS. A contingency factor of 16.5% will be included in these cost estimates. The total land acquisition and resettlement costs are provided in Table 7.1.

43. All costs for subproject resettlement programs under TSLRDP including compensation and allowances, operation and administration costs, surveys will be financed by the Government counterpart fund, with exception of monitoring and reporting that is financed from grant funds from ADB. The Ministry of Economy and Finance (MEF) will provide the above budget directly to the IRC and the IRC will disburse the fund to PDEF for payments of land acquisition, compensation and allowances to AHs.

16

Table 6.1: Total land acquisition and resettlement costs

No Compensation Items Unit Rate US$ Quantity Cost US$

A Compensation for Land 43,158.55 Batch 1

1 Agricultural land m2 0.25 3,122.81 780.70 Batch 2

2 Agricultural land 0.32 120,489.72 38,556.71 3 Residential Land 1.56 2,449.45 3,821.14

B Fruit Trees 1,569.45 1 Mango Tree 28 8 224.00 2 Coconut Tree 31 2 62.00 3 Palm Tree 25 32 800.00 4 Bamboo Tree 10 4 40.00 5 Quava Tree 4.15 3 12.45 6 Cashew Tree 15 4 60.00 7 Krasaing Tree 10 7 70.00 8 Jackfruit Tree 33 2 66.00 9 Tamarind Tree 10 4 40.00

10 Others Tree 5 39 195.00 D Allowance for Vulnerable Groups AH 240 47 11,280.00 E Total Compensation Cost 56,008.00 H Contingencies (16.5%) 11,122.41 I Grand Total 67,130.41

8. Monitoring and Evaluation

8.1 Internal Monitoring

44. The purposes of internal monitoring are to assess (i) compliance with the LARF and agreed policies and procedures for the TSLRDP; (ii) the availability of resources and efficient, effective use of these resources to implement land acquisition and resettlement activities; and, (iii) identification of problems, if any, and remedial actions.

45. The EA developed internal monitoring indicators, procedures and reporting requirements for all subprojects that are require involuntary land acquisition. Internal monitoring indicators will include: (i) payment of compensation to AHs in accordance with the LARF and TSLRDP policies; (ii) coordination and completion of land acquisition, compensation and, as required, resettlement activities and commencement of civil works; (iii) adherence to public information dissemination and consultation procedures, and report on activities; and, (iv) adherence to grievance redress procedures, and report of activities.

46. In each province, the resettlement focal point will prepare quarterly monitoring report. The PDRD will consolidate provincial monthly reports to prepare a TSLRDP quarterly monitoring report to be submitted to the Executing Agency (EA), the IRC and ADB. The EA in collaboration with IRC will take appropriate steps to redress any problems that are identified, and confirm the resolution of issues to the ADB.

17

8.2 External Monitoring

47. The IRC already recruited an independent monitoring organization (IMO), under grand financing from ADB, to conduct external monitoring and evaluation of voluntary land donation, involuntary land acquisition and resettlement for the TSLRDP. Due to flood situation in Pursat, the IMO will mobilized in October 2011. The IMO is focusing on the social impacts of the Project and whether AHs are able to restore, and preferably improve, their pre-project living standards, incomes and productive capacity. The IMO selection is under ADB procedure on consultant recruitment by using the Consultant Qualification Selection (CQS). The Consultant Selection Committee (CSC) is reviewing and evaluating the Technical Proposal from REDECAM after No Objection from ADB-CARM on the Submission 1 dated 10 May 2011. The No Objection is in Annex 6. The terms of reference (TOR) for the IMO for this CQS was prepared by the International Resettlement Consultant and acceptable to both IRC and the ADB CARM and as provided in Annex 7.

48. The IMO will prepare monitoring reports every six (6) months up through the period when AHs affected by involuntary land acquisition receive compensation and remove from the acquired land; the IMO reports will include, as required, recommendations for changes and mitigation measures. The IMO will also prepare a post-resettlement evaluation report for AHs affected by voluntary and involuntary land acquisition. The IMO will prepare resettlement monitoring reports in consultation with affected persons and PRS and line agencies will make the reports available in their office and as well as on the ADB’s website. The detailed activities are in the 2007 RF.

9. RESETTLEMENT IMPLEMENTATION SCHEDULE

49. IRC will mobilize the IMO before commencement of compensation to AHs. These activities cannot be made until the SRP has been reviewed and approved by ADB.

50. MOWRAM will ensure that contractor will not be issued notice to commence for any part of a section of a road to begin construction work unless it has (a) satisfactorily completed in accordance with the approved SRP, compensation payment; (b) ensured that income restoration program is in place under component 2 of the project; and (c) area required for civil works is free of all encumbrances. Table 9.1 shows the resettlement schedule.

Table 9.1: Resettlement Implementation Schedule

Tasks Schedule Undertake consultation and participation programs April-May 2011

Implement internal monitoring activities April-May 2011 Carry out Replacement Cost Study and apply Project entitlements April 2011

SRP preparation June 2011 SRP approval from ADB September 2011 Implement External monitoring August-September 2011 Compensation Payment to AHs September 2011 Implement post-evaluation Twelve (12) months after completion

of resettlement activities

18

Annex 1: Cover letter of the Approved TSLSP Resettlement Framework

19

Annex 2: Agricultural Product Prices

21

Annex 3: Replacement Cost Study

1. Objective

The Replacement Cost study was to determine the land price replacement cost of recent land sales and similar recent land acquisition in similar irrigation projects within the immediate land area of the sub-project, and thus to determine an agreed price of the affected land. On this basis the study would establish reasonable and up-to-date compensation rate in order to calculate the Short Resettlement Plan (SRP) budget for the subproject.

2. Proposed application of the Replacement Cost Study to Batch I and II

The replacement cost study was also designed to provide the basis of pricing for compensation for a Batch I and II programme of secondary and tertiary canals planned for completion within the subproject area and based on the Otatong irrigation system during 2011. 3. Methodology

The establishment of replacement costs was carried out based on information collected from desk research, from interviews with people in affected area, both those persons who are affected and not affected. More exact data on market prices was collected from the record of agricultural land in six villages, and of residential land in three villages, registered by Village Headmen and from the Commune land sales register.

The desk research focused on relevant reports of previous resettlement and replacement costs studies:

Northwest Irrigation Sector Project: • Ta Saom and Kork Thnong subprojects September 2009;and • Don Aov, Canal No. 1 and Chork Reservoir subprojects October 2009;

Punley RP October 2009 Stung Chinit RP phase I, II and III

• Ta Saang Cham Bok and Kampong Chrey in Svay Reang province in 2008 • ADB GMS Cambodia Road Improvement Project, NR5 and NR6, in 2005.

The study was also conducted by means of data collection, including the record of land sales certificates (Appendix 1), provided for each village with land in the sub project command area. The survey was conducted for each village in all subprojects by Village Headman and two members of the Village Development Committee with knowledge of land transactions during a three years period 2009 to 2011. A list of the members of each land cost replacement survey team is in Section 8 below. On the basis of the combined review of similar irrigation project land replacement cost studies and actual pricing for compensation and of the local data collection by the survey team, the decision was made in consultation with local authority to base the replacement cost for Pursat Natural Pond Subproject on the price for compensation provided in 2001 in the neighbouring Anlong Svay Subproject of the Northwest Irrigation Sector Project. 4. Participation of the Public in the Study The study was conducted in April 2011 led by an International Resettlement consultant and Cambodian counterparts with participation from 40 AHs and non AHs, through Focus Group Discussions (FGD) of 3-5 different AHs in 5 affected villages. Members of the Commune Council and village headmen also took part in the consultation with AHs, and the FGD. The household interviews and the FGD meetings were conducted with the assistance of the household heads, the village headman, Inter-ministerial Resettlement Committee (IRC) and Resettlement Unit (RU) of Ministry of Water Resource and Meteorology (MOWRAM).

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5. Result of the Study Batch I and II

The market price for agricultural land lost in the COI of the natural pond subproject can be assumed to be that used in the NWISP Anlong Svay subproject of $2,500 per ha for Batch I. The latter was found to be close to the average price for the land transactions in the immediate command area in focus group discussions in affected village and in the registered prices of land transactions recorded by the village headman and the Commune Council.

In order to reach a relevant land price for land along secondary canals and embankment roads, it is necessary to discard the higher and lowest prices, for land on main roads and for remote village land, and to take the 11 land sales at Khvav occurring in the vicinity of the secondary canals. The average land prices of the 11 land sales is $3200/ha. This is most relevant to the replacement cost of land lost in secondary and tertiary canal reconstruction at Khavav and at Stokhla requiring to be compensated in Pursat Batch II. The residential land price recommended to be adopted as the replacement cost price for residential land loss in secondary canal reconstruction in Pursat Batch II is $1.56 per sq.m. based on land sales of similar land at Khvav village. The table below showed the certificated land sales in the six villages of Rumlech Commune.

Type of Affected Assets Unit Unit Price in USD

Remarks

Land Residential Land price Per m2

Damnak Trach m2 1.02 Khvav m2 1.56 Sdokhla m2 0.57 Sdokhla near main road m2 3.1 Average m2 1.56

Agriculture Land price per m2 Koh Kcheay m2 0.24 Khvav m2 0.33 Lhong m2 0.38Damnak Trach m2 0.39Konthnot m2 0.14 Sdokhla m2 0.44 Average m2 0.32

6. Summary of Land Prices: Pursat – Batch I and II No Land Type Unit Rate US$/m2

1 Batch I m2

Agricultural land m2 0.252 Batch II

Agricultural land m2 0.32 Residential land m2 1.56

7. Prices of trees for compensation in Batch I and II Tree compensation should, where necessary, be calculated based on maturity time of different tree species arrived at in studies conducted in consultation with commercial suppliers, horticulture and Agricultural and Forestry Department of Pursat Province. The replacement cost of trees has also been based on market prices established as the basis of compensation in the neighbouring Province of Pursat in April 2011, as follows: No Trees Unit Price

23

1 Mango tree 282 Coconut tree 313 Palm tree 254 Cashew tree 155 Bamboo tree 106 Krasang tree 107 Cassia tree 58 Jackfruit tree 339 Tamarind tree 1010 Others (Non fruit tree) tree 5

As the basis of the DMS, all compensation rates of trees should be adjusted according to their age as following: 1. from 1-3 years old- should get compensation 1/3 of it full price (as it can be re-planted) 2. from 3-5 years old- should get only 2/3 of full price 3. more than 5 years old- should get full compensation from above table.

8. Replacement Survey Team

លរ No.

ភូមិ Villages

សមជិក កម Group member

តួនទី Position

េលខទូសពទ័ Contact #

េផ ងៗ Others

I Stockhla

1. Chen Ke Village headman 092 31 11 29 2. Soun Sarom Deputy of Village 3. Koung Korb Development of

Village

II Khvav

1. Moeurn Thy Village headman 2. Kear Sina Deputy of Village 089 91 51 54 3. Siem Sourn Development of

Village

III Koh Kcheay

1. Van Seng Village headman 2. Noy Tin Deputy of Village 3. Touch Tourn Development of

Village

IV Dam Nak Trach

1. Chhum Thim Village headman 0121739617 2. Heang Khna Deputy of Village 017 66 39 75 3. Chea Choeurn Development of

Village

V Kon Thnot

1. Keo Moe Village headman 2. Tam Him Deputy of Village 3. San Thoeurn Development of

Village

VI

Lhong

1. Hum Suy Village headman 2. Kheng Sarom Deputy of Village 3. Keo Thoeurn Development of

Village

24

Annex 4: Public Information Booklet

ពះ ជ ច កកមពុជ

ជតិ សន ពះម ក ត

3

គណៈកមមករអនរ កសួង េ ះ យផលប៉ះពល់ដីធី ផទះសែមបង បជពលរដ េ យ រគំេ ងអភិវឌ ន៍ជនបទតំបន់ទំនបទេន ប

កូនេស វេភផ ពផ យពត៌មន ធរណៈ

េរ បចំេ យ គណៈកមមករអ ន កសួង

កសួងេសដកិចច និងហិរញញវតថុ និង កសួងធនធនទឹក និងឧតុនិយម

ែខ េម ឆន ំ ២០១១

25

សំនួរទី ១ ៖េតគំេ ងអភិវឌ ន៍ជនបទ តំបន់ទំនបទេន ប ជ គំេ ងអី? ចំេលយ ៖ ជរ ភិបលកមពុជេសនសំុេធករអភិវឌ ន៍ ឬ រេឡងវញិ បព័នធ

េ ច សពសថិតេន ជំុវញិបឹងទេន ប េ យេផតេទេលេខត ០៣ គឺ េខតេពធ ត់ េខតកំពង់ឆន ំង និងេខតកំពង់ធំ េ យេ ប បស់ បក់កំចីឥណទនពីធនគរអភិវឌ ន៍ សីុ (ADB) ថវកិបដិភគរបស់ ជរ ភិបលកមពុជ និងថវកិអនកទទួល ផលកនុងតំបន់ៃនគំេ ង េដមបី ងសង់គំេ ងេនះ ។ កូនេស វេភផ ពផ យពត៌មនេនះ េ បសំ ប់គំេ ងេ ច សព និងជជំនួយ ម រតី យបំភឺជូន បជជនទំង យ ែដលរងនូវផលប៉ះពល់េ យ រករ

ងសង់ទំនប់ ប យរង និងករអភិវឌ ន៍ៃផទ ងទឹករបស់គំេ ង។ សំនួរទី ២ ៖ េតន ជអនកទទួលករខុស តវេលគំេ ងេនះ ? ចំេលយ៖ កសួងធនធនទឹកនិងឧតុនិយមេន ជធនីភនំេពញនឹងទទួលខុស តវ ទំង សង

េលគំេ ង បព័នធេ ច សព េ យរមួសហករជមួយ ជញ ធរេខត មរយៈមនទីរធនធនទឹក និងឧតុនិយម េខតេពធ ត់ េខតកំពង់ឆន ំង និងេខតកំពង់ធំ ។ គណៈកមមករដឹកនំគំេ ង

ថន ក់េខត (មនទី ំងសថិតេនកនុងមនទីរធនធនទឹក និង ឧតុនិយមេខតទំងបីខងេល) នឹងពិនិតយ េមលពីមួយៃថង េទមួយៃថង កនុងកិចចដំេណ រករ ៃនគំេ ង។ កនុងករេរ ប ចំគំេ ងេនះ តវមនករ

សរេសរពីែផនករៃនកររះុេរ និងបំ ស់បូរទីលំេនេនះែដរ ។ កសួងធនធនទឹក និងឧតុនិយម មន កមករងររះុេរ និងបំ ស់ បូរទីលំេនមួយេដមបីពិនិតយ ឃំេមលនូវករអនុវតន៍ែផនករ

រះុេរ និងបំ ស់បូរទីលំេនេនះ េ យរមួសហករជមួយគណៈកមមករអនរ កសួង។ ករអនុវតន៍

ែផនកររះុេរ និងបំ ស់បូរទីលំេនេនះ នឹងមនករទទួលខុស តវពីអនុគណៈកមមករេខត និង

មនទីរធនធនទឹក និងឧតុនិយមេខត ទំងបីខងេលផងែដរ។ សំនួរទី ៣ ៖ េតគំេ ងទំងមូល មនបំណងផល់ផល បេយជន៍ដល់ពួកេយងែដរឬេទ ? ចំេលយ ៖ បកដជមន ។ គំេ ងបេងកនករេ ច សពេនះ នឹងេធេ យៃផទដី

េនកនុង បព័នធេ ច សពទំងមូលបន បេសរេឡងេនរដូវវស ពមទំងព ងីក និងបេងកតៃផទ ដីេ ច សពថមីេនរដូវ បំង និងបេងកន ករផគត់ផគង់ទឹកកនុង បព័នធ ។ បសិនេបៃផទដីែ សរបស់

អនកសថិតេនកនុង បព័នធេ ច សពែដលមន ប់ អនកនឹង តវ បនេគជួយបេងកន បព័នធេ ច

សពបែនថមេទ ត។ ចំេពះអនកទទួលរងផលប៉ះពល់ េ យ រ គំេ ង ពួកេគ នឹង ទទួលបន

នូវករទូទត់សំណងេលដីធី ដំ ំ និង ទពយសមបតិ ែដលប៉ះពល់ មអ តំៃលជំនួស ពមទំង បក់ ឧបតថមភេផ ងៗេទ តដូចជៈ បក់ឧបតថមភសំ ប់ (១) គ រងយរងេ គះ

( គ រទីទល់ ក េម គ រជជន ពិករ េម គ រជ សី េមម៉យ េម គ រជចស់ជ និង គ រជជនជតិភគតិច) (២) ករដឹកជញជូ ន ឬករ រកិំលសំណង់ថយេ កយ (៣) កររខំនដល់សកមមភពរក បក់ចំណូល និង (៤) មនកមមវធីិ េលកកំពស់ បក់ ចំណូល ។

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សំនួរទី ៤ ៖ េតមនអីខះមកជំនួសវញិ បសិនេបខញុំបត់បង់ដីេ យ រ ករ ងសង់

គំេ ងេនះ? ចំេលយ ៖ បជជនទំង យ ែដលមនដីេនកនុង ងសទុកទឹក េហយដីេនះលិច

ទឹក មួយរយៈ េ យ រអនុគំេ ងេនះ តវបនគណៈកមមករែបងែចកជពីរ បេភទេផ ងៗគន ។ បេភទទី១ ដីកនុង ងែដលលិច មួយរយៈែត ចេធ សវេឡងទឹក ឬ សវពេ ងះបន

( មករសិក របស់អនកឯកេទសកសិកមម ដីែដល ចេធ សវ បេភទេនះបន គឺចប់ពីកំពស់ទឹក ១៩.៥០ម. ដល់ ២០.៨៥ម.) គំេ ងតំរវូឱយ បជសិករេធករផស់បូររេប ប ំ និងរដូវកល ំដុះ ពី សវ ធមម មក សវេឡងទឹក ឬ សវពេ ងះវញិ េហយគណៈកមមករអនរ កសួង នឹងផល់វគគ

បណុះប លអំពីករផស់បូររដូវ ំដុះ និងជួយឧបតថមភែផនកបេចចកេទស ំដុះដូចជ ពូជ សវ ជេដម។ ចំេពះផល ប៉ះពល់េលសំណង, ផទះសែមបង េដមេឈ និង ទពយសមបតិេផ ងៗ (េបសិនជមន) នឹង តវផល់សំណង ម អ តំៃលជំនួស។ បេភទទី២ ចំេពះដីកនុង ង

ែដលលិច មួយរយៈ េហយ ចេធករ ំដុះ សវបន ( មករ សិក របស់អនកឯកេទសកសិកមម ដី បេភទេនះ គឺចប់ពីកំពស់ទឹក ១៩.២៥ម. ដល់ ១៩.៥០ម. ចេធ សវបន មុនគំេ ង (មុនទឹកេឡង) ។ ដូេចនះ គណៈកមមករករអនរ កសួង នឹងមិនេធករទូទត់សំណងៃថដីេទ ែតនឹង

ផល់សំណងេលផលប៉ះពល់េផ ងៗេទ ត (េបសិនជមន) ។ ដីែដលេនេ កម កំពស់ទឹក ១៩.២៥ម. ដីបត ង សុកទឹកចស់ តវេគចត់ទុកថ ជដីែដលគម នផលប៉ះពល់េ យ រ

គំេ ង ។ បជជនទំង យ ែដលមនដីរងផលប៉ះពល់េ យ រ ប យេ ច សពៃនគំ

េ ងេនះ នឹង តវបនសំណងៃថដី មអ តំៃលជំនួស េ ពះដីេនះ តវបនបត់បង់

ជអចិៃ នយ៍ េហយផលប៉ះពល់េផ ងេទ ត នឹង តវផល់សំណង មអ តំៃលជំនួសដូចគន ។ បសិនេប បជជនែដលបត់បង់ដីេ យ រ ប យេ ច សព េហយចង់បនដី

ជំនួសវញិ គណៈកមមករអនរ កសួង នឹងផល់ជូនដីែដលមនផលិតភពផលិតកមម ដំ ំ

ប ក់ បែហលគន ឬ បេសរជងដីមុន េហយនឹង តវទទួលសិទធិកន់កប់ដី តឹម តវ ។ កររពឹំងទុកមួយេទ តេនះ គឺថៃផទដីែ សេនកនុង បព័នធេ ច សព ទិភព ផលិតផលដំ ំ

េនកនុង បព័នធេរ បចំថមីេនះ រ ឺ បក់ចំណូលរបស់ បជពលរដ នឹងេកនេឡងជងមុន ។ សំនួរទី ៥៖ េតខញុំ និងសមជិក គ រខញុំ នឹង តវេគផល់អីសំ ប់ករងរទំង យកនុង

បព័នធេ ច សព ? ចំេលយ ៖ អនកែដលប៉ះពល់ និងកសិករទំងអស់េនកនុងបុកែចកចយទឹក គឺមនសិទធិ

ចូលរមួកនុងករទទួលយកផល បេយជន៍ពីករងរក ងទំនប់ បព័នធ ប យែចកចយ និង

េ ះទឹកតូច និងផូវរេទះ មរយៈអងករពលកមម ។

27

សំនួរទី ៦ ៖ េតករទូទត់សំណង នឹង តវផល់ចំេពះផទះ ឬសំណង់ទំង យ

ែដលប៉ះពល់នឹងគំេ ង ែដរឬេទ ? ចំេលយ ៖ គឺ បកដជសង ។ ផទះ រសំឺណង់ទំង យែដលនឹង តវប៉ះពល់េ យគំេ ង នឹង តវបនេគទូទត់សង មអ តំៃលជំនួស និង បក់ឧបតថមភេផ ងេទ ត ។ តំៃលៃនកររះុេរ

េ យមិនមនករដកយកេចញនូវរេំ ះ ឬ ទពយសមបតិែដលេនសល់េឡយ ។ សំនួរទី ៧៖ ចុះចំេពះដំ ំ និងេឈហូបែផេផ ងៗ េតេ ះ យដូចេមច ? ចំេលយ៖ សំ ប់ដំ ំ បចំឆន ំ អនកនឹង តវេគទុកេពលេវ ២ែខ េដមបី បមូលផលមុន

នឹងគំេ ង ដំេណ រករ ។ បសិនេប សវកំពុងទំុេហយមិន ច ចតកត់បន និងដំ ំហូបែផ

ឬេដមេឈមនតំៃលេផ ងេទ ត គំេ ង នឹងេធករទូទត់សំណង មអ តំៃលជំនួស ។

អ តំៃលជំនួសេលេដមេឈ តវបនគិត មតំៃលផល សរបុ បចំឆន ំ គុណនឹងឯក ៥ ឆន ំ ។ សំនួរទី ៨ ៖ េតអីេទជអ តំៃលជំនួស? ចំេលយៈ គឺជអ បក់សំណងេល ទពយសមបតិ ែដលប៉ះពល់េ យ រគំេ ង

និងបនឆុះបញច ំងនូវ តំៃលបចចុបបននៃនអចលន ទពយ ។ អ សំណងេនះ តវបនសិក េ យ

ទីភន ក់ងរឯក ជយ េដមបីកំណត់អ បក់សំណងសំ ប់អនុគំេ ងេនះ ។

សំនួរទី ៩ ៖ ចុះអំពីធនធន ទពយសមបតិរបស់សហគមន៍េយង េត តវេ ះ យដូចេមច ?

ចំេលយ ៖ ចំេពះធនធន ទពយសមបតិសហគម ដីប៉ះពល់នឹង តវេគេធករផស់បូរេ យ

ពិភក ជ មួយសហគមន៍ ឬ ថ ប័នែដលពក់ព័នធ ។ អគរ ឬសំណង់ែដលប៉ះពល់រមួមន ព ន

នឹង តវ រេឡងវញិេ យ ដូច ថ នភពេដម ឬ បេសរជងមុន ។ បសិនេបករបត់បង់

បក់ចំណូលែដល តវរពឹំងទុក (ឧទហរណ៍ ៃ ពេឈ សហគមន៍ បក់ចំណូល ពី សះចិញច ឹម តី)

ភូមិែដលជមច ស់ ទពយសមបតិេនះនឹង តវបនសំណង មអ តំៃល ជំនួស ឬនឹង តវផល់ទី

កែនងថមី ែដលមនផលិតភពដូចេដម ។

សំនួរទី ១០ ៖ កនុងករណីមនករផស់បូរលំេន ន ឬកែនងលក់ដូរ េតគំេ ងនឹង

ជួយខញុំយ៉ងដូចេមច កនុងករ ងសង់ផទះ និងតូបលក់ដូរេឡងវញិ កនុងរយៈេពលៃនកររះុេរ េនះ ?

ចំេលយ ៖ លំេន ន ឬ ទពយសមបតិេផ ងៗេទ ត ែដល តវរះុេរ បំ ស់បូរ និងមិន ច

រកិំលបន (ផទះថម ផទះេឈធំៗ) នឹង តវបនសំណង មអ តៃមជំនួស។ ចំេពះសំណង់ែដល ច

រកិំលបន នឹង តវផល់ បក់ ឧបតថមភសំ ប់រកិំល និងដឹកជញជូ ន ។

សំនួរទី ១១ ៖ េតមនករឧបតថមភែបប ចំេពះជន ឬ គ ររងផលប៉ះពល់ធងន់ធងរ

និងងយរងេ គះ ?

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ចំេលយ ៖ បក់ឧបតថមភសំ ប់ គ រ នឹង តវេគផល់ជូន ចំេពះអនកែដលងយរងេ គះ

អនកែដល តវរះុេរ ទីកែនង និងអនកែដលបត់បង់ដីកសិកមមសរបុេលសពី ១០% ។

សូមេមលលំអិតេន ងេលខ ១ ។

សំនួរទី ១២ ៖ េតករអេងកតលំអិត ទពយសមបតិ ដីធី ផទះសែមបងេនះ តវេធេនេពល ?

ចំេលយ ៖

សកមមភពៃនករងរេនះនឹង តវអនុវតន៍បនទ ប់ពីេគបនេបះបេងគ លតំរង់ទិសេ រចួ េហយ

បនេធេនែខ មីន ឆន ំ ២០១១ ស មប់េខតកំពង់ឆន ំង និងេខតេពធ ត់ និងេនែខ េម

ស មប់េខតកំពង់ធំ។ កមអេងកត ស់ែវងលមិត (DMS) គឺមនសមសភពពីអនុគណៈកមមក

រេខត សក ឃំុ និងអងគករ តតពិនិតយ ឯក ជយ និងតំ ងអងគករេ ករ ភិបល (NGO)

េ យមនករចូលរមួពីអនកែដលមនដីធីប៉ះពល់ េនចំេពះ មុខ កមករងរ ។ ជនរងផល

ប៉ះពល់ និង ជញ ធរ សក តវបនជូនដំណឹងជមុនអំពីេពលេវ ៃនករ ត់ជួប ។

សំនួរទី ១៣ ៖ េតេយងចំបច់ តវ បគល់ដីែដលប៉ះពល់ និងរះុេរ ផទះ រ ឺ សំណង់េផ ងៗ

ភមៗ ែដរឬេទ?

ចំេលយ ៖ េទ ។ បគល់ដីែដលប៉ះពល់ និងរះុេរ ផទះ រ ឺសំណង់េផ ងៗ តវេធេឡង ១៥ៃថង

បនទ ប់ពីករ ទូទត់សំណងេលដី, អចលនៈ ទពយេផ ងៗ និង បក់ឧបតថមភេផ ងៗ េ កមករពិេ គះ

េយបល់ជមួយអនករងផល ប៉ះពល់ ។

សំនួរទី ១៤ ៖ កនុងករណីែដលពំុមនករឯកភព ឬបញ មួយែដលេកតេឡង

កនុងរយៈេពលអនុវត គំេ ង ដូចជករទូទត់សំណង ជំេ ះបញបេចចកេទស និងបញទូេទែដល

ទក់ទងនឹងគំេ ង េតខញុំមន សិទធិបឹងត ៉ែដរឬេទ ?

ចំេលយ ៖ អនកមនសិទធិបឹងត ៉ ។ បសិនេបអនកមនសំនួរ ឬ ករមិនយល់ ពមេល បក់

សំណង និង ជំេរ សកនុងករ ំងទីលំេនេឡងវញិ អនក ចេចទជសំនួរ ឬបឹងេទម នីរដបល

ែដនដីែដលទក់ទង និងគណៈ កមមករបណឹងត ៉េ យផទ ល់មត់ ឬជ យល័កខអក រ។ ដំេណ រករបណឹងត ៉មន ០៤ ដំ ក់កលដូចតេទៈ

• ដំ ក់កលទី១ គ ររងផលប៉ះពល់នឹង ក់ពកយបណឹងរបស់ពួកគត់េទអនុគណៈកមមករេ ះ

យផលប៉ះ ពល់ភូមិ ឬឃំុ ឬេទ កមករងរគណៈកមមករអនរ កសួង េហយ បសិនេប

ពួកគត់ចង់ គត់ ចបឹងេទអងគករ មិនែមនរ ភិបល (NGO) ែដលកំពុងេធករេនកនុង

គណៈកមមករេ ះ យបណឹងត ៉ (អ ជ)។ NGO េនះនឹងកត់ ពកយបណឹងជ

យល័កខអក រ និងជូនអនករងផលប៉ះពល់េទអនុគណៈកមមករ េ ះ យផលប៉ះ

ពល់ភូមិ ឬ ឃំុ។ អនុគណៈកមមករេនះនឹងមនកតពកិចចផល់ករបញជ ក់អះ ងជ

យល័កខអក រភមៗថបនទទួលពកយបណឹង។ បនទ ប់ពីរយៈេពល ១៥ ៃថង បសិន

29

េបអនករងផលប៉ះ ពល់ែដល ក់ពកយបណឹងមិនបនទទួលព័ត៌មនអី ឬ បសិនេបគត់

មិនេពញចិតនឹងេសចកីសេ មចកនុង ដំ ក់កល ទី១ ពកយបណឹងេនះ នឹង តវបន

បញជូ នេទករយិល័យថន ក់ សក ។ • ដំ ក់កលទី២ ករយិល័យ សកមនរយៈេពល ១៥ ៃថង កនុងករេ ះ យបណឹង

េដមបីេ យ មនករេពញចិតរបស់អនកពក់ព័នធទំងអស់។ បសិនេបបណឹងមិន ច

េ ះ យបនកនុងដំ ក់កល េនះេទ ករយិល័យ សក នឹងបញជូ នករណីេនះេទ

គណៈកមមករេ ះ យបណឹងត ៉ថន ក់េខត។ • ដំ ក់កលទី៣ គណៈកមមករេ ះ យបណឹងត ៉ថន ក់េខត ជួប បជំុជមួយនឹង

ភគីបណឹង និង ពយយមេ ះ យ ថ នករណ៍េនះ។ គណៈកមមករេនះ នឹងេសនសំុ

េ យពិនិតយេឡងវញិនូវករអេងកត ស់ែវងលមិត (DMS) េ យភន ក់ងរ ម នៃផទកនុង

(IMO) ករណីចំបច់ . កនុងរយៈេពល ៣០ ៃថង បនទ ប់ពី ក់ពកយបណឹង គណៈកមមករ

េនះ តវែតេចញេសចកីសេ មចជ យល័កខអក រ េហយ ក់ េសចកីចមងជូនេទ

ភន ក់ងរ ម នៃផទកនុង (IMO) គណៈកមមករអនរ កសួង (IRC) និង គ ររង ផលប៉ះ

ពល់។ • ដំ ក់កលចុងេ កយ បសិនេបអនករងផលប៉ះពល់ែដល ក់ពកយបណឹងមិនបន

ទទួលព័ត៌មនអីពីគណៈកមមកrេ ះ យបណឹងត ៉ ឬ បសិនេបគត់មិនេពញចិតនឹង

េសចកីសេ មច គត់នឹងបញជូ នករណីេនះេទតុ ករេខត។ េនះជដំ ក់កលចុង

េ កយៃនករេ ះ យបណឹង។ បសិនេបភគី មួយេនែតមិនេពញចិតចំេពះ

េសចកីសេ មចរបស់តុ ករេខតេទ គត់ ចបញជូ នករណីេនះេទតុ ករថន ក់ខពស់ជង

េនះេទ ត។ ចំ យេផ ងៗ ែដលេកតេឡងេ យករបឹង សបចបប់ នឹង តវបនគំេ ង

សងវញិ បសិនេបអនកបឹងឈនះកី ។ ងេលខ ១៖ ងៃនករមនសិទធិទទួលសំណង និងជំនួយននរបស់ជន ឬ គ រ

រងផលប៉ះពល់

30

RbePTénplb:HBal; kMriténplb:HBal; GñkEdlmansiT§i eKalneya)aysMNg

1> dIksikmμ ¬rYmbBa©ÚlTaMgRsHciBa©wmRtI¦

• dIksikmμEdlrg plb:HBal; beNþaH Gasnñ

• kar)at;bg;nUvkareRbI R)as;dIsRmab; ry³ eBl ticCag 1 qñaM

• GñkeRbIR)as;Rsbc,ab; b¤Gac cat;TukfaRsb c,ab;¼RtUv)aneKTTYl sÁal;faman siT§I Rsb c,ab;

• minTTYl)annUvsMNgsRmab;dI eT ¬RbsinebIRbKl;eTA[m©as;edIm vij¦

• RTBüsm,tþiEdlrgb:HBal;beNþaH GasnñnwgRtUv)aneFVI[dUcsßanPaBedIm vij b¤RbesIrCagmun

• sMNgCasac;R)ak;sRmab;kar)at; bg;pldMNaM nigedImeQIkñúgtémøCMnYs nig

• sMNgsRmab;kar)at;bg;R)ak;cMNUl BIpldMNaMEdlminGacdaM)an.

• GñkCYldIeRbIR)as; b¤GñkTTYl )an siT§i GnuBaØat

• minTTYl)ansMNgsRmab;dIeT ¬RbsibebIRbKl;eTAm©as;edImvij¦

• RTBüsm,tþiEdlrgb:HBal;beNþaH GasnñnwgRtUv)aneFVI[dUcsßanPaBedIm vij b¤RbesIrCagmun

• sMNgCasac;R)ak;sRmab;kar)at; bg;pldMNaM nigedImeQIkñúgtémøCMnYs nig

• sMNgsRmab;kar)at;bg;R)ak;cMNUl BIpldMNaMEdlminGacdaM)an kñúgGMLúgeBlénkic©snüa¼eBlénkar GnuBaØat.

31

• GñkeRbIR)as;minRsb c,ab;

• minTTYl)ansMNgsRmab;dIeT ¬RbsibebIRbKl;eTAm©as;edImvij¦

• RTBüsm,tþiEdlrgb:HBal;beNþaH GasnñnwgRtUv)aneFVI[dUcsßanPaBedImvij b¤RbesIrCagmun

• sMNgCasac;R)ak;sRmab;kar)at; bg;pldMNaM nigedImeQIkñúgtémøCMnYs.

• dIksikmμEdlrgpl b:HBal;CaGcié®nþy×

• kar)at;bg;ticCag 10°énRTBüplit srub ¬]> 10° éndI kmμsiT§isrub¦

• GñkeRbIR)as;Rsbc,ab; b¤Gac cat;TukfaRsb c,ab;¼RtUv)aneKTTYl sÁal;faman siT§iRsb c,ab;

• sMNgCasac;R)ak;kñúgtémøCMnYs sRmab;dIEdlb:HBal;

• sMNgCasac;R)ak;sRmab;kar)at; bg;pldMNaM nigedImeQIkñúgtémø CMnYs.

• GñkCYldIeRbIR)as; b¤GñkTTYl)ansiT§i GnuBaØat

• sMNgCasac;R)ak;sRmab;kar)at;bg;R)ak;cMNUl BIpldMNaMEdlminGac daM)ankñúgGMLúgeBlénkic©snüa¼eBl énkarGnuBaØat.

• sMNgCasac;R)ak;sRmab;kar)at; bg;pldMNaM nigedImeQIkñúgtémøCMnYs .

• GñkeRbIR)as;minRsb c,ab;


• kar)at;bg;es μ I b¤eRcIn Cag 10°énRTBü plitsrub ¬]> 10°

• GñkeRbIR)as;Rsbc,ab; b¤Gaccat; TukfaRsb

• TTYl)annUvdICMnYsEdlmanépÞ nig smtßPaBplites μ IKñaenATItaMgkñúgXuMEtmYy EdlRKYsarrgplb:HBal;Gac TTYlyk)an b¤

32

éndIkmμsiT§isrub¦ c,ab;¼RtUv)aneKTTYl sÁal;faman siT§iRsb c,ab;

• sMNgCasac;R)ak;sRmab;dIEdl eFVIlT§kmμ kñúgtémøCMnYseBj nig


• • GñkCYldIeRbIR)as; b¤GñkTTYl )ansiT§i GnuBaØat

• TTYl)annUvdICMnYsEdlmanépÞ nig smtßPaBplites μ IKñaenATItaMgkñúgXuMEtmYy EdlRKYsarrgplb:HBal;Gac TTYlyk)an b¤

• sMNgCasac;R)ak;sRmab;kar)at;bg; R)ak;cMNUlBIdIEdlrgplb:HBal;kñúgGMLúg eBlénkic©snüa¼eBlénkar GnuBaØat nig


• • GñkeRbIR)as;minRsb c,ab;

• sMNgCasac;R)ak;sRmab;kar)at;bg;pldMNaM nigedImeQIkñúgtémøCMnYs. Rbsin ebIRKYsarrgplb:HBal;minmandI eFVIksikmμenAkEnøgepSgeToteTGñk enaHnwgTTYl)an sMNgCadICMnYs[kar TUTat;sMNgsRmab;kar)at;bg;kareRbI R)as;dIedaymanépÞ nig smtßPaB plitesμ IKñaenATItaMgkñúgXuMEtmYyEdl RKYsarrgplb:HBal;GacTTYl yk)an.

• dIlMenAzan nigb¤dIBaNiC¢kmμ

rgplb:HBal; • RKb;RbePT • RKb;GñkeRbI • dIRtUverobcM[dUcedIm b¤RbesIrCag

33

beNþaHGasnñ R)as; mun

rgplb:HBal; CaGciéRnþy_

• dIEdlKμansMNg; • GñkeRbIR)as; Rsbc,ab; b¤Gac cat;TukfaRsb c,ab;¼RtUv)aneKTTYl sÁal;faman siT§iRsb c,ab;

• sMNgCasac;R)ak;sRmab;dIEdlrg plb:HBal;kñúgtémøCMnYseBj nig

• sMNgCadIEdlmanTMhMdUcKña enATItaMgfμI minelIsBI 5 K>m BITItaMgcas; EdlGacTTYlyk)anedayRKYsarrg plb:HBal;

• sMNgCasac;R)ak;cMeBaHkarvinieyaK nana Edl)aneFVIelIdIenaH .

• GñkeRbIR)as;min mansiTi§Rsb c,ab;

• sMNgCasac;R)ak;cMeBaHkar)at;bg; kareRbIR)as;dI .

• sMNgCasac;R)ak;cMeBaHkarvinieyaK nanaEdleFVIelIdI .

• dIEdlmansMNg; nigdIenAsl; man TMhMRKb;RKan; sRmab;kar erobcMeLIgvij

• GñkeRbIR)as; Rsb c,ab; b¤Gac cat;TukfaRsb c,ab;¼RtUv)aneKTTYl sÁal;faman siT§iRsb c,ab;

• sMNgCasac;R)ak;tamtémøCMnYs eBj cMeBaHkar)at;bg;dI nig

• sMNgCasac;R)ak; b¤CMnYysRmab; sagsg;sMNg;;eLIgvijkñúg krNI b:HBal;mYyEpñk.


GñkeRbIR)as;min Rsbc,ab;

• sMNgCasac;R)ak;cMeBaHkar)at;bg; kareRbIR)as;dI .


• dIEdlmansMNg; • GñkeRbIR)as; • sMNgCadICMnYsEdlmanTMhMdUc

34

nigdIenAsl;man TMhMminRKb;RKan; sRmab;karerobcM eLIgvij

man

• siTi§ CaGciéRnþy_ ¬Rsbc,ab; nig RtwmRtUvtamc,ab;¦

edIm nigGacTTYlyk)anedayRKYsarrgplb:HBal;enAkñugXuMdEdlminq¶ay Cag 5 K>m BITI taMgcas; . b¤

• sMNgCasac;R)ak;tamtémøCMnYs eBj cMeBaHkar)at;bg;dI nigCMnYyBI KN³kmμkar eFVIlT§kmμdIfñak;XuMsRmab; karpøas;bþÚrTItaMgfμI .

• GñkeRbIR)as;min Rsbc,ab;

• sMNgCasac;R)ak;cMeBaHkar)at; bg;kareRbIR)as;dI .

• RbsinebIRKYsarrgplb:HBal;KμandI epSgsRmab;sagsg; Kat;TTYl)an sMNgCadI EdlmanTMhM 105 m2 ¬7m 15m¦ CMnYs[sMNg cMeBaHkar)at;bg;kareRbIR)as;dI enAkñug XuMdEdlminq¶ayCag 5Km BITItaMgcas; EdlGacTTYlyk )anedayRKYsarrg plb:HBal;.


• RTBüsm,tþiÉkCnepSg²eTot

• Cam©as;km μsiT§ieday minKitGMBI b½NÑkmμsiT§i

• sMNgCasac;R)ak;sRmab;RTBü sm,tþi Edlrgplb:HBal;kñúgtémøCMnYs edayminmankarkat;rMelaH b¤dkecj smÖar³EdlenAsl; b¤

• sMNgsRmab;karruHerIRTBüsm,tþi enaH b¤

35

• CYsCulRTBüsm,tþienaHeLIgvij edayRkumh‘unsagsg; [dUcsßanPaB edIm b¤ RbesIrCagmun.

• edImeQI¼dMNaM¼RtI

• Cam©as;km μsiT§ieday minKitGMBIb½NÑkm μsiT§i

• sMNgCasac;R)ak;sRmab;kar)at; bg;pldMNaM nigedImeQIkñúgtémøCMnYs

• sMNgCasac;R)ak;kñúgtémøCMnYs sRmab; edImeQIEdlrgplb:HBal; edayKittammUldæanénRbePT Gayu nigTinñplénedImeQIenaH.

• PUmi b¤ XuM • CYMsCuleLIgvijnUvGKar nig sMNg; Edlrgplb:HBal;rbs;shKmn_ y:agehacNas;[dUc sßanPaBedImvij b¤

• sg;eLIgvijnUvGKar nig sMNg; Edlrgplb:HBal;rbs;shKmn_ enA kEnøgfμI edayBiPakSaCamYyshKmn_ nigGaCJaFrBak;B½n§.

• RbPBGaCIvkmμ nigcMNUl ¬RTBüsm,tþiEdlminEmnCadI¦

• RKYsarrgplb:HBal;Edl)at;bg;dIksikm μ 10° b¤eRcInCag b¤)at; bg;nUvRTBüsm,tþiEdlrkR)ak;cMNUl nig RKYsargayrg eRKaH ¬RKYsarRkIRk/ RKYsarCnCatiPaKtic/ RKYsarEdlman ®sþIemm:ayCaemRKYsar/ RKYsarEdlmanCn BikarCaemRKYsar nigRKYsarEdlmancas;CraCa emRKYsar edayminmansMNg; KaMRTepSg²¦.

• R)ak;]btßmÖkñúgry³eBlGnþrkal³ kar]btßmÖ nwgRtUvpþl;Casac;R)ak; sRmab;;ry³eBl 6Ex Edlesμ InwgGgár 20 K>k¼RKYsar b¤ R)ak; 240 duløar

• skmμPaBepSg²eTotenAkñúgEpñkTI 2 EdlnwgRtUvkMNt;edayXuMrgpl b:HBal;tamry³karcUlrYmeFVIesckþI

36

seRmccitþ dUcCa³

• RkumBRgwgCIvPaBeLIgvij b¤

• RkumBRgwgksikm μeLIgvij b¤

• begáInkarKaMRTdl;RbB½n§ksikm μ b¤

• KaMRTdl;kareRsacRsBEpñkksikmμ

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ង៣៖ កមមវធីិអនុវតករេ ះ យផលប៉ះពល់

ករងរ កមមវធីិ

កមមវធីិពិេ គះេយបល់ និងករចូលរួម េម - ឧសភ ២០១១

សកមមភពអនុវតករ តតពិនិតយៃផទកនុង េម - ឧសភ ២០១១

អនុវតករសិក តំៃលជំនួស និង សិទធិទទួលសំណង េម ២០១១

េរ បចំេស វេភែផនករខី មិថុន ២០១១

អនុម័តេលេស វេភែផនករខីពី ADB កញញ ២០១១

អនុវតករ តតពិនិតយពីខងេ ក សី - កញញ ២០១១

ទូរទត់សំណងេ យ គ ររងផលប៉ះពល់ កញញ ២០១១

អនុវតករ យតំៃលេលករងរេ ះ យផលប៉ះពល់

េ កយករងរេនះ តវបនបញច ប់

១២ែខបនទ ប់ពីសកមមភពេ ះ យ

ផលប៉ះពល់ តវបនបញច ប់ជ ថ ពរ

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Annex 5: Minutes of 2 Public Consultations with AHs Kingdom of Cambodia

Nation Religion King

3 Minute of Meeting

On the 11th of April 2011 at 09:00 am at Damnak Trach Village, Rumleh Commune, there was a public consultation meeting. Participant list is attached. Mr. Khen Sovathara, Deputy Team Leader of IRC WG, informed village, commune and provincial working group and people affected by irrigation development at Konthnot Village, Rumlech Commune, Bakan District, Pursat Province. The project affected land of 3 households and we will provide compensation to them unless the land is outside the natural reservoir. Mr. Norng Norn, member of Rumlech commune council and representative of commune chief, informed the IRC WG that the land belonging to those 3 households is legal. We are happy if the government compensates them but if the government wants it for free we can provide that land to the government as well. Mr. Keo Vey, Chief of Provincial Department of Water Resource and Meteorology, informed that the rehabilitation of this natural reservoir spends money more than 100,000 USD with 200m length and 100m width. The project affected rice field of 3 families and can hold water up to 44,000 m3. Then, he proposed all people in Konthnot Village to take care of this reservoir.

Minute Writer Chair of Meeting Song Sothea Norng Norn

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Kingdom of Cambodia Nation Religion King

3 Minute of Meeting

On the 13th of June 2011 at 02:30 pm at Damnaktrach Pagoda, Damnaktrach Village, Rumlech Commune, Bakan District, there was a public consultation meeting on land, structure and other property affected by Tonle Sap Lowland Development Project under presidency of Mr. Ouk Muon, Rumlech Commune Chief. (Participant list is attached) At the beginning, Mr. Norng Norn, Member of Rumlech Commune Council, informed participants the purpose of the meeting. Next, Mr. Khen Sovathara, Deputy Team Leader of IRC WG, expressed his sincere thanks to people for their time participated in the meeting as scheduled. He said that, through this development project, he had a chance to know and work with people by conducting DMS. This irrigation development project gets fund from ADB and counterpart fund from the government. He added that under ADB funded project, ADB required many conditions especially resettlement. ADB principle is to avoid or minimize impact. If not, we have to compensate all people loss. Our team coming here today was to respond to the ADB principles through IRC WG who came to conduct DMS in the near future. He also explained that there were 3 phases for this work. -Firstly, DMS. People whose land affected by the project must prepare relevant documents such as family book, Khmer ID, Land Title, and they must join with IRC WG during DMS. -Secondly, contract sign. After DMS, ADB will approve replacement cost conducted by independent consultant and send it to IRC to disseminate and consult with AHs for their consent and contract sign in order to request for budget. -Thirdly, after budget approval of the impact from the government, IRC WG will come here again to compensate.

Before ending, he thanked people again for their will to participate with the government and asked them not to take away the poles put by topographer team as it was approved by ADB and the Ministry of Water Resource and Meteorology. Without these poles, we cannot conduct DMS properly and correctly. Mr. Ouk Muon, Chief of Rumlech Commune Council, said that he was very happy with people as the government paid attention to physical infrastructure development, especially constructed many irrigation canals for his community. The canals can provide enough water to people to cultivate from 2 to 3 times a year in order to improve family economy and living standards. He added that through this achievement, local people were very happy and participated in the development of national economy. The Meeting ended at 03:45 pm on the same date under full participation from local people.

Minute Writer Seen and agreed Chair of Meeting Srey Savorn Ouk Muon

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Annex 6: No Objection from CARM

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Annex 7: Terms of Reference (TOR) for External Monitoring ADB Tonle Sap Lowlands Sustainable Project (TSLSP)

1. Appointment of an Independent Monitoring Organisation

1. These Terms of Reference provide a basis for the appointment and responsibilities of an Independent Monitoring Organisation (IMO) for the external monitoring and evaluation of resettlement in the implementation of the Tonle Sap Lowlands Rural Development Project. In accordance with the requirement of the ADB Guidelines and RGC policy, an independent non-governmental organisation will be contracted by RCG to carry out monitoring and evaluation as the IMO. 2. These terms of reference for the IMO are for the monitoring and evaluation of all sub-projects undertaken under TSLSP. The contract will be awarded to a suitably qualified and experienced Cambodian consultancy firm.

2. Background

3. The Tonle Sap Lowlands Sustainable Project (TSLSP) aims to enhance the Governments long-term strategy for poverty reduction amongst communities bordering the Tonle Sap Lake, supporting them to build communication and livelihood skills by taking advantage of the infrastructure being provided under the Project as well as training in on and off farm livelihoods activities and facilitating access to rural credit providers. A specific purpose of the project is to assist in diminishing the pressure exerted on the environment of the Tonle Sap caused by exploitation of natural resources in the biosphere by households in the surrounding lowlands.

4. The Project is funded by the Asian Development Bank Loan # 2376-CAM(SF) and Grant # 0092-CAM(SF). The TSLSP targets three Cambodian provinces on the southern end of the Tonle Sap lake (Pursat, Kampong Chhnang and Kampong Thom)

TSLSP project activities cover a period from November 2008 to June 2015.

5. The overall goal of the TSLSP project is to reduce rural poverty and pressure on the natural resources of the Tonle Sap Biospher in the target provinces on a sustainable basis. The project purpose is to develop the social and physical infrastructure of project communities, and so to “… to enable the most vulnerable groups in the community to contribute more effectively to the development of their communities and to share equally in the benefits”.

6. The Project will improve livelihoods in the three provinces in the Tonle Sap basin, as summarized in the project design and monitoring framework, which is in Annex 3 of the Project Administration Memorandum (PAM). Rural communities will use the improved coverage and quality of rural infrastructure (irrigation, roads, village level post-harvest facilities, and markets) and new opportunities resulting from the application of new skills in the pursuit of on-farm and off-farm enterprises to improve their livelihoods.

3. Institutional Structure

7. The Project’s Executing Agency (EA) is the Ministry of Water Resource and Meteorology (MOWRAM) with implementing agencies (IAs) being MOWRAM, the Ministry of Rural Development (MRD), the Ministry of Agriculture and Fisheries (MAFF) and the Ministry of Interior (MoI). These ministries will operate mainly through their Provincial departments respectively Provincial Department of Water Resources and Meteorology (PDWRAM), The Provincial Departments of Rural Development (PDRDs), The Provincial Departments of Agriculture (PDA) and the Provincial Local Administration Units (PLAUs).

8. For purposes of resettlement and land acquisition resulting from any impact of sub-

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projects, Provincial Resettlement Sub-Committees will include representatives of these Provincial Departments, and will be coordinated by a focal point in the PDWRM in each of the three Provinces. At Commune level resettlement will be coordinated by a Commune Land Acquisition Committee (see below).

4. Project Components

4.1 Improvement and Development of Social Infrastructure

9. The Project will provide block grants in the form of the Commune Development Fund (CDF) to be used for the development, rehabilitation, or upgrading of small-scale infrastructure. Social infrastructure needs at commune and village level will be identified and prioritized through the decentralized planning process used to prepare commune investment plans (CIP) summarized in Supplementary Appendix B and included in the Project’s annual work plan and budget. Categories to be funded include civil works for: (i) village markets and other commercial support infrastructure; (ii) communal grain dryers; (iii) rural roads, including drainage, bridges, and culverts—linking villages within the commune or linking inter-commune roads; (iv) irrigation water conveyance and distribution facilities; (v) commune council buildings; (vi) village water supply and sanitation schemes; and (vii) classrooms at existing schools.

4.2 Improvement of Agricultural Water Management Infrastructure

10. The Project will support: (i) rehabilitation of small water management subprojects(typically less than 200 ha) covering a total of about 9,600 ha, with fully developed water reticulation below main canals to the field level; and (ii) formation, strengthening, and capacity building of FWUGs and FWUCs for sustainable O&M.Beneficiary farmers will participate in the design of irrigation improvement schemes identified in the commune investment plan; and will contribute to scheme development, mainly through voluntary labor for the earthworks for excavation of structure foundations, canals, and on-farm channels. The maximum cost of an individual water management scheme will be $100,000 at an estimated cost not to exceed $550/ha for secondary and tertiary canal infrastructure, including costs of surveys, design, resettlement, civil works, and mitigation of environmental impacts.

4.3 Improvement of Rural Roads

11. The Project will support subprojects to improve the connection of villages to commune centers and main highways. Recognizing the importance of good transportation links, the Government has put considerable resources into rehabilitation and reconstruction of rural roads throughout Cambodia. Improved maintenance of roads is a key government objective. Villages in the project area are mostly clustered close to highways 5 or 6, and the main scope is for rehabilitation of roads up to 10 km long (but mostly 5 km or less) linking the communes to highways 5 and 6.

12. Project support will be limited to improving rural roads and associated structures that are important to the success of development activities of the Project or other agencies working in the communes. Activities will include rehabilitation of strategic rural roads, including upgrading or provision of essential bridges, culverts, and fords; and limited assistance with maintenance. Existing road alignments will be retained except for specific problem areas. Road sections that would extend into the buffer zone of Tonle Sap within 1,000 meters will not be eligible for project support.

13. The Project will support: (i) rehabilitation of about 230 km of rural roads, according toMRD rural road standards including (a) resurfacing and spot repairs; (b) provision of individual bridges and ford crossings; and (ii) organization and training of rural road

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maintenance committees, including provision of basic road maintenance tools. The maximum cost of an individual road subproject will be $100,000. Local communities will contribute labor for construction and maintenance.

5. Resettlement and Land Acquisition

5.1 The Resettlement Framework

14. Resettlement planning and implementation will be carried out on the basis of the Resettlement Framework (RF) which is Appendix 12 of the Project Aide Memoire, and according to the principles and procedures set out in the RF. This provides for Short Resettlement Plans to be prepared according to the significance of the impact and resettlement measures required.

15. Selection of sub-projects precludes any Category A projects, that is, projects with impact on more than 200 people (about 50 households) or which have other severe impact. Short RPs will be undertaken for Category B projects, that is projects in which there is some impact and need for resettlement, but in which resettlement is not judged to be significant (i.e. impacting less that 200 people) and which will make up a substantial proportion of the resettlement under TSLSP.

16. No resettlement is called for where there is voluntary provision of land by the affected people, and in that case there must be documented, signed and witnessed agreement to the provision and acknowledgement of the rights of the household concerned in the format and following the procedures set out in the RF, and approved by IRC and MOWRAM on the advice of the Resettlement Consultant.

5.2 Sub-Projects Resettlement Planning

17. It is expected that out of a total of about 230 subprojects, about 20 to 30 each year of the five year project period will have some involuntary resettlement resulting from limited impact on land or structures or community facilities adjoining the road, canal or other infrastructure being developed.

18. Every subproject in which there is any loss of land or structures or other impact, not agreed by the AH to be the subject of voluntary contribution, is the subject of a Short Resettlement Plan, prepared on the basis of an Inventory of Losses (IOL), Replacement Cost Survey (RCS) and Socio-Economic Survey (SES). These will be conducted by the Provincial Resettlement Working Group under the guidance of the Resettlement Consultant and the resettlement specialist of MOWRAM and with the participation of the focal point of the PDWRM, staff of the concerned Provincial Departments, in consultation with the Inter-Ministerial Resettlement Committee (IRC). Negotiation with each affected households (AH) and compensation will be conducted by the Provincial Department of Economy and Finance, under the direction of the Resettlement Department of the Ministry of Economy and Finance on behalf of IRC.

6. Terms of Reference of the IMO

6.1 Objectives of the Monitoring Programme:

19. The objectives of the monitoring programme are:

• to ensure that the standard of living of AHs are restored or improved; • to monitor whether the overall project and resettlement objectives are being met in

accordance with the RF/Short Resettlement Plans, and if not to suggest corrective measures;

• to assess if rehabilitation measures and compensation are sufficient and comply with the ADB Policy on Involuntary Resettlement;

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• to identify problems or potential problems; and • to identify methods of responding immediately to mitigate problems.

6.2 Procedure

20. The monitoring is in two main phases: pre-implementation, and implementation, when the IMO will consult with the Resettlement Consultants and implementing agencies, and if necessary with the MEF Resettlement Department. These will be followed by post-project evaluation. The IMO will initially confer with the Resettlement Consultants and with project managers in line ministries (implementing agencies) to determine which sub-projects have households or structures to be affected by the subprojects and for which Inventory of Loss (IOL) and socio-economic surveys and Short Resettlement Plans (SRPs) will have to be prepared. A specific purpose is to obtain the baseline data from these studies for purposes of monitoring the performance and effectiveness of resettlement, and to conduct pre-implementation monitoring of LARAPs and related planning, including income restoration measures.

21. The IMO will also obtain copies of Commune and Provincial Land Acquisition and Resettlement dossiers, which will comprise all SRPs of subprojects and related data.

22. Monitoring, following review of the LARAP and related planning, including any income restoration programme, will be of three kinds: the first will be that identifying the need and character of any income restoration on the basis of IOL and socio-economic survey. The report of pre-implementation monitoring report will include the IRP if it is needed. The second will be that of random visits to observe and record the effectiveness of measures undertaken to meet the objectives set out in the SRP to minimize the adverse impact of the programme on the people and communities adjacent to the infrastructures being upgraded. The second will be a sample baseline and follow-up survey of the knowledge, attitude, response and experience of project affected households in regard to resettlement procedures and benefits. The third will be that of Participatory Rural Appraisal, and based on focus group discussion with AHs and other concerned people and interview with community leaders.

23. The IMO’s observation visits, questionnaire surveys and focal group consultations with project affected households and communities will have the purpose of determining the effectiveness of compensation and related assistance, and of measures to replace assets and livelihoods or relocate services and amenities which contribute to their welfare and livelihoods.

24. For this purpose the external monitor will utilize the baseline DMS socio-economic survey and cadastral survey carried out for purposes of subprojects, and which will have established the existing land and property rights, livelihoods and incomes of project affected people as the basis of compensation and resettlement planning. The external monitor will consult as necessary with the Resettlement Consultants and will be guided by them to ensure that the means and approach which it adopts are fully adequate for purposes of monitoring the SRP.

7. Methods

25. The methods for external monitoring activities include:

• Pre-implementation of the LARAP and related planning documents, including any income restoration measures, in consultation with the Resettlement Consultants and with IRC, and written requests to the Consultants for any clarifications which may be required.

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• Review of detailed measurement survey (DMS) documents to be able to establish a baseline for monitoring and evaluating project benefits. The IMO to check on a random basis the DMS process with AHs from identification to agreement on DMS results.

• Visits and observation conducted by the External Monitor for purposes of monitoring the resettlement will include random field visits during the implementation period to locations where resettlement activities are taking place.

• Participatory Rapid Appraisals (PRA). Consultation with AHs and various stakeholders such as resettlement committee, PMU, community leaders; key informant interviews; focus group discussions; community public meetings; direct field observations; and in-depth case studies of good practices and problems identified by internal or external monitoring and required special efforts to resolve.

• Conduct of a KARE (Knowledge, Attitude, Response and Experience) Survey, including a baseline and follow-up survey.

• Resettlement audit. The IMO will carry out random checks of payments disbursed to AHs during monitoring. The IMO will submit a resettlement audit report upon completion of compensation payment to AHs.

8. Monitoring and Evaluation Indicators

1. 100% of project affected people are aware prior to compensation of the compensation and benefits system and have an accurate understanding of their entitlements;

2. Project affected people and their communities and leaders are aware of and participate in the overall planning and development of the project and of related activities;

3. Full compensation has been paid to 100% of project affected people;

4. Grievances and complaints are effectively registered and dealt with, are progressively reduced to an acceptable minimum, and are dealt with in 100% of cases through informal agreement or are settled transparently and fairly at adjudication panels for dispute settlement within 30 days of being lodged or through arbitration within a stated period;

5. Livelihoods, incomes and the well being of 100% of project affected people, including vulnerable groups (landless, female headed households, disabled, low income earners, aged, ethnic minorities etc) are maintained or replaced to their satisfaction and they are not disadvantaged by compensation for or the relocation of houses, or by land acquisition, compensation, replacement or relocation;

6. Transparency of compensation disbursement is adhered to at 100% of payments centres;

7. Commune Resettlement Sub-Committees are in place in all communes prior to relocation and are able to act as focus groups for purposes of IRC consultation with and information to project affected people.

8. Community structures and services, including wells, drainage and sanitation structures, water pumps, spaces for transport and public use, safety elements of road front and pedestrian and children's play areas, meeting and market places and school and health structures, are replaced by direct action of Provincial or District Government agencies, or are the subject of agreed compensation to communities willing to construct them, to at least the standard of the existing facilities, and are completed on schedule;

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9. The Corridor of Impact within which construction will take place and individual or communal structures and activities will be excluded or removed is clearly marked by pegs, tapes or similar clearly visible markers either at the borders or at the centre line, and that the width and area of works is clearly known both to AHs and to design, managing and operational managers and contractors;

10. The need and options for mitigation and minimization of impact on AHs and AH structures, including community structures (see item h above) by means of changed alignments or by changes in the width and profile of the works and COI are clearly known and acted on by design, managing and operational managers and contractors and are discussed and agreed with AH representatives and with Provincial, District, Commune and Village Resettlement Sub-Committees;

11. Potential benefits from infrastructure rehabilitation and development are known to 100% of project affected people, and they have the opportunity to contribute to and achieve these benefits by inclusion and active participation in activities, planning and investment and related infrastructures restoration and related development, in accordance with the provisions in SRPs;

12. land title is registered and certificated for all household heads identified within the socioeconomic survey for land confirmed in situ or relocated or in any programmes of land adjustment and readjustment;

13. the health and nutritional status of vulnerable groups, including children, women and elderly people is not adversely affected by the impact of the resettlement programme.

9. Outcomes

26. The following are the expected outcomes of the monitoring contract:

• The IMO provides a monitoring team, including a team leader and two field workers, capable of working independently under contract to monitor performance, impact and effectiveness of the Project Resettlement Programme and of individual sub-project SRPs;

• A monitoring system and methodology is established for use both in the core sub-projects and in the implementation of SRPs in all sub-projects undertaken under the over a four year period from June 2011 to June 2015;

• The team and concerned officials are trained in the monitoring systems and capable of applying and replicating it in future projects;

• A structured sub-sample of 20% of AHs is established permitting the development of baseline and monitoring data regarding the knowledge, attitude to, response and experience of project affected people and the use of this baseline data in programmed follow-up surveys after the implementation of RPs and in continuous random monitoring and observation;

• Verifiable performance and impact indicators are established for the monitoring system and the team and concerned officials trained in their use and analysis;

• A computerized data processing system is established and utilized in data tabulation and analysis for baseline reporting and database development and for the conduct of and reports on monitoring – manual data management may be employed where this permits more rapid tabulation and reporting;

• A system of random observation permits qualitative reporting on performance and effectiveness in the resettlement, compensation, livelihood restoration, and relocation

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programmes, on the participation of community leaders and municipal authorities in these programmes, and on the establishment and working of grievance and complaints resolution and arbitration;

• Inception and progress reports permit management information to be developed and to operate in support of the coordination and implementation of the SRPs, its supervision and evaluation by MOWRAM and ADB;

• A Post-Resettlement Evaluation Report provides analysis of the performance, impact and effectiveness of the Resettlement under the project, related compensation and benefits, and the application of these developments and related methodologies to future projects, including social and economic development programmes linked to resettlement, and to infrastructure rehabilitation and livelihoods restoration.

10. Staff Inputs

M&E Specialist 15 person months

Field staff 8m X 2 = 16 person months

11. Reporting Requirements

27. The IMO is required to produce the following reports. These reports will directly be submitted to ADB-CARM, IRC, and Provincial Resettlement Subcommittees, copy to MOWRAM and the Resettlement Consultant.

• Inception Report by the end of Month 2 after mobilization

• Semi-annually monitoring reports by two weeks after each semester

• A post-resettlement evaluation will be conducted 6 to 12 months after completion of all land acquisition and, as required, compensation and relocation activities, for all subprojects involving voluntary and involuntary land acquisition. The report will also provide recommendations for the strengthening of the resettlement planning and implementation procedures and for further measures if necessary. The draft post-evaluation report should be submitted within three months prior to contract completion,

• A final post-resettlement evaluation report based on comments of the EA and Consultant and of the ADB and IRC.

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