Myanmar: Greater Mekong Subregion East West Economic ......GMS East–West Economic Corridor (EWEC): Eindu to Kawkareik Road Improvement Project – Resettlement Plan | November 2014

Resettlement and Ethnic Group Development Plan

June 2015

Myanmar: Greater Mekong Subregion East West Economic Corridor Eindu to Kawkareik Road Improvement Project

Prepared by the Ministry of Construction for the Asian Development Bank.

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

Greater Mekong Subregion (GMS) East– West Economic Corridor

(EWEC) Eindu

to Kawkareik Road Improvement

In

Myanmar

June 2015

GMS East–West Economic Corridor (EWEC): Eindu to Kawkareik Road Improvement Project – Resettlement Plan | November 2014

TABLE OF CONTENTS Page

ABBREVIATIONS I

GLOSSARY I

EXECUTIVE SUMMARY 1

I. PROJECT DESCRIPTION 6

A. Description of the Project 6 B. Measures Taken to Minimize Impact 6 C. Objective of the Resettlement Plan 7

II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 8

A. Description of Project Land Acquisition Requirements and Corridor of Impact 8 B. Methodology to Assess Resettlement Impacts 10 C. Summary of Resettlement Impacts 11

III. SOCIOECONOMIC INFORMATION AND PROFILE 17

A. Methodology Used in the Socio Economic Profile 17 B. Profile of Project Area 17 C. Population Profile of Project Area 18 D. Profile of Villages in the Project Area 22 E. Profile of Households Affected by Land Acquisition and Resettlement 24 F. Ethnic Groups in the Project Area 25

IV. INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION 28

A. Consultation and Participation 28 B. Public Information and Consultation Activities 28 C. Disclosure of RP 30 D. Public Information, Consultation and Disclosure Activities for Updated RP 30

V. GRIEVANCE REDRESS MECHANISM 33

A. Objectives 33 B. Grievance Redress Group 36 C. Functioning of the GRG 36 D. Composition of GRG 36 E. Duties of LPC and GRG Members 37 F. Grievance Resolution Process 38

VI. LEGAL FRAMEWORK 39

A. Asian Development Bank Policy 39 B. Myanmar Government Regulations on Resettlement 40 C. Project Principles 43

VII. ENTITLEMENTS, ASSISTANCE AND BENEFITS 44

A. Eligibility 44 B. Entitlements 44

VIII. RELOCATION OF HOUSING AND SETTLEMENTS 50

IX. INCOME RESTORATION AND REHABILITATION 51

X. RESETTLEMENT BUDGET AND FINANCING PLAN 52

A. Basis for Compensation Standards 52


XI. INSTITUTIONAL ARRANGEMENTS 54

XII. IMPLEMENTATION SCHEDULE 56

A. RP Updating Process 56

XIII. MONITORING AND REPORTING 58

A. Monitoring and Reporting 58 B. Internal Monitoring 58 C. External Monitoring 58

APPENDICES Appendix A Land Acquisition Requirements for Realignment Sections by Chainage

Appendix B Government Plots by Type

Appendix C Affected New Land Acquisition Diagrams

Appendix D Drawings of Areas Affected by Land Acquisition and Resettlement Impacts

Appendix E Project Background Brochure

Appendix F Minutes of Pre-Consultation with Affected Persons

Appendix G Details of Affected Secondary Structures and Trees

Appendix H Project Information Booklet (May 2015)

Appendix I Grievance Redress Mechanism

Appendix J Land Acquisition and Resettlement Project Photos

Appendix K Resettlement Contact List

Appendix L Draft TOR for Replacement Cost Study

FIGURES

Figure 1: Eindu to Kawkareik Project Road 6 Figure 2: Ethnicity of Households along Road Corridor 18 Figure 3: Household Head Education Level 19 Figure 4: Drinking Water Sources 20 Figure 5: Types of Household Toilets 20 Figure 6: Ethnicity of Households along Road Corridor 25 Figure 8: Organization Framework 55 TABLES

Table 1: Summary of Project Design Features Causing Land Acquisition and Resettlement Impacts 8

Table 2: Total Number of AHs and Types of Assets Affected by the Project 11 Table 3: Permanent Land Losses 12 Table 4: Impacts on Houses and House-cum-Shops 13 Table 5: Impacts on Secondary Structures 13 Table 6: Loss of Trees 14


Table 7: Severity of Loss of Agricultural Land (Annual Cropping) 14 Table 8: Severity of Loss of Garden Land 15 Table 9: Impacts on Shops and Kiosks 15 Table 10: Public Assets to be Affected 16 Table 11: Existing Quarries and Borrow Pits 16 Table 12: Villages and Number of Completed SES Questionnaires 17 Table 13: Main Occupation of Households (%) 18 Table 14: Main Household Profession by Selected Villages 18 Table 15: Household Average Yearly Income (MMK/year) 19 Table 16: Household Average Yearly Expenses (MMK/year) 19 Table 17: Energy Sources – Lighting (%) 21 Table 18: Energy Sources – Cooking (%) 21 Table 19: Health Concerns (%) 21 Table 20: Gender and Activities at Home (%) 21 Table 21: Gender and Agriculture Activities (%) 21 Table 22: Household Assets by Village 21 Table 23: Checklist of Infrastructure and Social Services Institutions by Village 23 Table 24: Household Demographic Information 24 Table 25: Vulnerable Households 24 Table 26: Ethnicity of Affected Households 25 Table 27: Ethnicity of Affected Households 25 Table 28: Summary of Project Impacts 26 Table 29: Summary of Consultation Activities 29 Table 30: Roles and Responsibilities for Disclosure, Consultation and Participation 31 Table 31: Proposed Composition of Village GRGs 37 Table 32: Proposed Composition of District GRGs 37 Table 33: Grievance Resolution Process 38 Table 34: Gap Analysis and Gap Filling Measures 42 Table 35: Entitlement Matrix 46 Table 36: Affected Households Losing Houses 50 Table 37: Preferences of Affected Persons for House Relocation 50 Table 38: Estimated Resettlement Budget 52 Table 39: RP Updating and Implementation Schedule 56


CURRENCY EQUIVALENTS (as of 1 June 2015)

Currency unit – Myanmar Kyat (K)

K1.00 = $0.00089 $1.00 = K1,112

ABBREVIATIONS

ADB – Asian Development Bank AH – affected household AP – affected person COI – corridor of impact DMS – detailed measurement survey DOH – Department of Highways

EWEC – East-West Economic Corridor GMS – Greater Mekong Subregion GRG – grievance redress group GRM – grievance redress mechanism HH – household IOL – inventory of loss km – kilometer LPC – local point of contact LUC – land-use certificates m – meter m2 – square meter

MMK – Myanmar Kyat (the official currency unit of Myanmar) MOC – Ministry of Construction PIB – public information booklet PSC – project supervision consultant RCS – replacement cost survey ROW – right of way RP – resettlement plan SAH – severally affected household SES – socioeconomic survey

GLOSSARY

Affected person (AP) / Displaced Persons

– Any person or persons, household, firm, private or public institution that, on account of changes resulting from the Project, will have its (i) standard of living adversely affected; (ii) right, title or interest in any house, land (including residential, commercial, agricultural, forest, and/or grazing land), water resources or any other moveable or fixed assets acquired, possessed, restricted or otherwise adversely affected, in full or in part, permanently or temporarily; and/or (iii) business, occupation, place of work or residence or habitat adversely affected, with or without displacement. In the case of a household, the term AP includes all members residing under one roof and operating as a single economic unit, who are adversely affected by a Project or any of its components

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Detailed

Measurement Survey (DMS)

– With the aid of the approved detailed engineering design, this activity involves the finalization and/or validation of the results of the inventory of losses (IOL), severity of impacts, and list of APs. The final cost of resettlement can be determined following completion of the DMS.

Compensation – Payment in cash or in kind to replace losses of lands, housing, income and other assets caused by the Project. All compensation is based on the principle of replacement cost, which is the method of valuing assets to replace the loss at current market rates, plus any transaction costs such as administrative charges, taxes, registration and titling costs.

Cut–off Date – Date of completing DMS for which land and/or assets affected by the project are measured. The APs will be informed of the cut– off date, and any people who settle in the project area after the cut– off date will not be entitled to compensation and assistance under the project.

Detailed Measurement Survey

During updating of the RP – process where all fixed assets (i.e., lands used for residence, commerce, agriculture; dwelling units; kiosks, stalls and shops; secondary structures, such as fences, gates, trees etc. with commercial value and sources of income and livelihood inside the project affected area are identified, measured, owners identified, and location recorded. Additionally, the severity of impact to the affected assets and the severity of impact to the livelihood and productive capacity of APs will be determined.

Entitlements – Range of measures comprising compensation, income restoration support, transfer assistance, income substitution, relocation support, etc. which are due to the APs, depending on the type and severity of their losses, to restore their economic and social base.

Eligibility – Any person who has settled in the Project area before the cut– off date that suffers from (i) loss of shelter, (ii) loss of assets or ability to access such assets, permanently or temporarily, or (iii) loss of income sources or livelihood, regardless of relocation will be entitled to compensation and/or assistance.

Income restoration

– Re–establishment of sources of income and livelihood of the affected households.

Income restoration program

– A program designed with various activities that aim to support affected persons to recover their income and/or livelihood to pre– Project levels. The program is designed to address the specific needs of the affected persons based on the SES and consultations.

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Inventory of

Losses (IOL) – During preparation of the RP – process where all fixed assets

(i.e., lands used for residence, commerce, agriculture; dwelling units; kiosks, stalls and shops; secondary structures, such as fences, gates, trees etc. with commercial value and sources of income and livelihood inside the project affected area are identified, measured, owners identified, and location recorded. Additionally, the severity of impact to the affected assets and the severity of impact to the livelihood and productive capacity of APs will be determined.

Land acquisition – Process whereby an individual, household, firm or private institution is compelled by a public agency to alienate all or part of the land it owns or possesses to the ownership and possession of that agency for public purposes in return for compensation at replacement costs.

Rehabilitation – Additional support provided to APs losing productive assets, incomes, employment or sources of living, to supplement payment of compensation for acquired assets, in order to achieve, at a minimum, full restoration of living standards and quality of life.

Relocation – Physical relocation of an AP from her or his pre–Project place of residence and/or business.

Replacement cost

– Method of valuing assets at current market value, or its nearest equivalent, plus any transaction costs such as administrative charges, taxes, registration and titling costs.

Replacement Cost Study

– Process for determining replacement costs of affected assets based on empirical data.

Resettlement

– All measures taken to mitigate all adverse impacts of a Project on AP property and/or livelihoods, including compensation, relocation (where relevant), and rehabilitation as needed.

Resettlement Plan (RP)

– Time–bound action plan with budget setting out compensation and resettlement strategies, objectives, entitlement, actions, responsibilities, monitoring and evaluation.

Severely Affected Household (SAH)

– Affected households who will (i) lose 10% or more of their total productive land and/or assets, (ii) have to relocate; and/or (iii) lose 10% or more of their total income sources due to the Project.

Vulnerable Groups

– Distinct groups of people who might suffer disproportionately or face the risk of being further marginalized by the effects of resettlement and specifically include: (i) female headed households with dependents, (ii) disabled household heads,

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(iii) households falling under the generally accepted indicator for poverty, (iv) children and the elderly households who are landless and with no other means of support, and (v) landless households, and (vi) indigenous people or ethnic minorities.

NOTES

(i) The fiscal year (FY) of the Government of Myanmar ends on 31 March 2014.

(ii) In this report, “$” refers to US dollars.


EXECUTIVE SUMMARY 1. Project Description. The Greater Mekong Subregion (GMS) East–West Economic Corridor (EWEC) Eindu to Kawkareik Road Improvement Project is intended to improve connectivity within Kayin State, between Kayin State and Yangon and regionally between Myanmar and Thailand, and onwards across the GMS. The project alignment is 67 kilometer (km) Eindu to Kawkareik. The project is expected to: (i) reduce transportation costs both for local and international traffic; (ii) improve access to employment opportunities, as well as to education and health services; (iii) improve access to markets of agricultural and other projects; (iv) reduce poverty of the people of Kayin State; and (v) improve trade and connectivity between Myanmar and Thailand. 2. Measures Taken to Minimize Impact. A key component of the Asian Development Bank’s (ADB) resettlement policy is to avoid, as much as possible and wherever possible, the need for involuntary resettlement. The project will follow the existing road alignment with the exception of 33 realignment sections (total combined length of 3.4 km) to smooth out curves for traffic safety reasons. The road will generally follow the existing vertical alignment, with some increase in height to improve the clearance over seasonal flood levels. The road cross section outside township areas will typically be two 3.3 meter (m) traffic lanes with surfaced shoulders on both sides, for use by non-motorized traffic and pedestrians. 3. Objective of the Resettlement Plan. The objective of the resettlement plan (RP) is to improve, or at least restore, livelihoods and living standards of affected households (AHs) while allowing them to maintain their cultural identity. It is designed to provide full compensation to all individuals who stand to lose their respective houses, land, or other livelihood assets due to construction and/or upgrading of the road. The overall objective of the RP is to ensure all APs will be compensated at replacement cost based on the current market value for their respective losses. The RP also provides for rehabilitation measures, including transition allowances, so APs are at least as well off as they would have been in the absence of the Project. 4. Scope of Land Acquisition and Resettlement. Due diligence conducted by the consultants on the entire project alignment indicated that there are three main types of project design features that will cause land acquisition and/or other resettlement impacts: (i) 33 realignment sections to smooth out curves for safety reasons requiring acquisition of new right of way (ROW) to a width of 230 feet (approx. 70 m) with a total combined length of 3.4 km; (ii) raising of road height in flood prone areas causing road base widening of up to 3 m from centerline for a total combined length of 14.2 km in 4 sections; and (iii) standardizing the road pavement width causing road widening of up to 2 m from centerline in 4 sections with a total combined length of 4.02 km. All these impacts were covered in the resettlement surveys. The cross section within the townships will be typically of two 3.5 m surfaced lanes as a rigid unreinforced concrete pavement, with unsurfaced shoulders. Construction works outside the townships areas will be confined within a construction corridor of impact (COI) of 21.2 m (69.5 feet), measured 10.6 m on both sides from the existing road centerline inside the established ROW. There are no expected resettlement impacts resulting from borrow sites and quarries to be used for the project. 5. Methodology to Assess Resettlement Impacts. Surveys to assess the project resettlement impacts consisted of Inventory of Losses Survey (IOL) and a desk survey of topographical maps based on the project’s detailed design for all three types of design impacts mentioned above. After formal project approval, the RP will be updated and finalized based on a detailed measurement survey (DMS) conducted by State Government authorities (principally

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Land Record Department and Ministry of Construction [MOC]) and updating of compensation and assistance rates following a new replacement cost survey (RCS) conducted by a qualified appraiser engaged by MOC. During this time the actual impacts and resettlement budget will be updated and finalized. 6. Summary of Resettlement Impacts. Land acquisition and resettlement impacts for the Project affect both land and non-land assets located in Hpa-an and Kawkareik Districts in Kayin State, in 2 townships and 14 out of 30 villages along the project road alignment. The project will affect 114 households (HHs) (528 persons), including 18 HHs losing residential land; 8 HHs losing agricultural (annual cropping) land – with associated impacts on crops; 26 HHs losing garden (perennial tree) land; 85 HHs experiencing impacts (partial or entire) on houses, shops or kiosks; and 21 losing secondary structure. Public and state-owned assets are also covered under the RP. Of the total number of HHs, 38 HHs (approximately 175 persons) are considered to be severely affected. These include 4 whose houses are entirely affected and required to relocate; 8 HHs losing more that 10% of agricultural land; and 26 HHs losing more than 10% of garden land. A total of 141,312 square meters (m2) of land will be acquired affecting 52 households. Of this area 8,718 m2 is residential land, 19,528 m2 is agricultural (annual cropping) land and 113,324.4 m2 is garden (perennial tree) land. Land acquisition is caused by the need to acquire new ROW for 33 realignment sections. A total of 23 houses will be affected by land acquisition for the project, of which 13 houses will be fully affected. In addition to the impacts on houses there are 47 affected stand-alone shops, of which 34 will be fully affected. The inventory of losses also iterated impacts on secondary structures, trees, crops and public assets. There are an estimated total of 38 severely affected households (SAHs). SAHs are those who are physically displaced or who lose more than 10% of their productive land or permanently lose other productive (income generating) resources. 7. Socioeconomic Information and Profile. Socioeconomic data for the RP was obtained from the surveys conducted for the Poverty and Social Assessment for the Project as well as from the inventory of losses household survey. There is a total of 528 affected persons in 114 households giving an average household size is 4.6 persons. There are 59 vulnerable households, the vast majority of whom are considered vulnerable due to having self-reported incomes equating to less than $1.25 per day per person. 8. Ethnic Groups in the Project Area. The project area population is composed of 6 ethnic groups – Kayin, Bamar (Burmese), PaOh, Mon, Shan and Tamil. The largest ethnic group in the project area is Kayin – 44% along with Bamar at 31% and PaOh at 12%. These are for villages next to the road. The negative impacts and risks posed by the project include resettlement related impacts (loss of productive land, loss of shops and physical displacement) and risks of increased transmission of HIV as well as human trafficking. The resettlement-related impacts will be mitigated under the measures provided under this RP. Risks of HIV transmission and human trafficking are to be mitigated through a HIV and Human Trafficking Awareness and Prevention Program provided as a dedicated program funded under the Project. There is a need to ensure meaningful consultation of affected communities and stakeholders throughout project implementation. A consultation and participation plan has been prepared for the project and additional resources are being made available to ensure its effective implementation. The Project is expected to provide longer term benefits of improved access to markets and services, as well as indirect benefits of economic development and diversification of economic opportunities over the longer term through improved transportation, as well as increase in traffic flow in the project areas.

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9. Information Disclosure, Consultation and Participation. Meaningful consultation is an integral element of RP preparation and implementation for this project RP. Meaningful consultation is a process that (i) begins early in the project preparation stage and is carried out on an ongoing basis throughout the project cycle; (ii) provides timely disclosure of relevant and adequate information that is understandable and readily accessible to affected people; (iii) is undertaken in an atmosphere free of intimidation or coercion; (iv) is gender inclusive and responsive, and tailored to the needs of disadvantaged and vulnerable groups; and (v) enables the incorporation of all relevant views of affected people and other stakeholders into decision making, such as project design, mitigation measures, the sharing of development benefits and opportunities, and implementation issues. Consultations were undertaken during the preparation of this RP with consultations held before, during and after the implementation of the IOL and socioeconomic survey. Consultations, including separate consultations with SAHs, will continue after approval of the RP, during updating as well as implementation of the RP. 10. Disclosure of RP. The consultation meetings with AHs during the preparation of the RP presented key information regarding the project, project impacts, entitlements, grievance redress mechanism and arrangements for preparing and disclosing the RP. The Project Information Booklet (PIB) was disseminated to AHs in May 2015. The PIB provides a summary of key information about the project, entitlements, grievance redress and implementation arrangements. The approved RP will be publically disclosed on ADB’s website and a translated version in the language of Myanmar will be disseminated in local village and Government offices for public access. 11. Public Information, Consultation and Disclosure Activities for Updated RP. Following Project approval and prior to implementation, the RP will be updated and finalized. The Updated RP will similarly be made available at publicly accessible places and disclosed on ADB’s website. Details regarding losses will be disclosed in writing to individual APs in their respective villages. When agreements are made and signed, APs will be provided a copy of the final signed documents for their records. The PIB will be revised and updated during updating of RP and provide more details relevant to Aps, including the final entitlement matrix. After formal approval of the updated RP, it will be translated and made available at publicly accessible places. Details regarding losses of individual APs will be publicized in their respective villages by information sheets and/or posters. When agreements are made and signed, APs will be provided a copy of the final signed documents for their records. 12. Grievance Redress Mechanism. The Grievance Redress Mechanism will be established to allow APs to appeal any disagreeable decision, practice, or activity arising from the implementation of the Project. APs will be fully informed of their rights and of the procedures for addressing complaints, whether verbally or in writing during consultation, survey, time of compensation, and implementation of the project. Care will always be taken to prevent grievances rather than going through a long redress process. A three stage grievance redress process has been established for the project from village to national level. Grievance redress committees include membership of relevant government authorities, affected person, and civil society representatives. 13. Legal Framework. The Legal and Policy Framework provides for the ADB Policy and the current laws of Myanmar. The entitlement matrix provides replacement cost at market value, transitional assistance, assistance to severely affected persons (required to relocate or experiencing severe loss of income), as well as adjustments for vulnerable persons.

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14. Strategy for Relocation and Income Restoration. There are 13 HHs whose houses are fully affected; it was assessed during the IOL that 9 can relocate on remaining land by either physically moving or rebuilding their house. There are 4 households provisionally assessed as having insufficient remaining land and are required to resettle to another site. Assistance to be provided to households whose houses are totally affected include: (i) compensation for affected structure at replacement value if the house cannot be moved. If the house can be moved, then assistance will be in the form of cash and/or in-kind assistance sufficient to move, reinstall, and repair affected structure; (ii) moving transport allowance; (iii) severe impacts allowance equivalent to one month subsistence living allowance; (iv) households, whose land is fully affected and have insufficient remaining land on which to rebuild and have no alternative land, will be provided with appropriate assistance either in the form of suitable land on which to rebuild or cash assistance to enable them to purchase replacement land. 15. Income Restoration and Rehabilitation. Impacts on livelihoods are associated with the loss of productive farming land (for annual cropping and perennial trees) and impacts on small-scale shops/kiosks/businesses. There are 34 HHs who will lose ownership of more than 10% of their productive land due to land acquisition for the new ROW at the realignment sections. It is expected that land use will only change for areas close to the new road and that pre-project farming practices would continue for most of the acquired land further away from the road. Income restoration assistance for AHs losing productive land include: (i) compensation for acquired land at full replacement value; (ii) compensation for affected crops/trees at full replacement value; (iii) severe impacts allowance equivalent to one month subsistence living allowance; (iv) cash assistance equivalent to the value of 6 years paddy that could be grown on paddy land of same area for areas which farming is no longer permitted. There are 63 HHs whose place of business (shops and kiosks) will be fully affected. Most of these are expected to be able to move back on remaining land and continue operation after a period of disruption. Income restoration assistance for affected shops/kiosks provided under the RP includes: (i) compensation for affected shops at replacement value if the shop cannot be moved. For shops/kiosks which can be moved, assistance will be in the form of cash and/or in-kind assistance sufficient to move, reinstall and repair affected structure; (ii) moving transport allowance sufficient to transport all shop items to replacement shop; (iii) severe impacts allowance equivalent to one month subsistence living allowance to offset loss of time to move for affected shops; and (iv) households whose shops cannot be rebuilt on remaining land and have no suitable alternative land will be provided with subsistence living allowances for a period of 6 months to offset their time and lost income while identifying alternative location at which to continue their business. 16. Resettlement Budget. The estimated budget to implement the RP is MMK 577,480,692 (approx. $534,704) to be financed by the Government of The Republic of The Union of Myanmar. During updating of the RP, an RCS will be undertaken by a qualified appraiser engaged by MOC to update the unit compensation rates in detail to ensure that compensation rates are equivalent to replacement costs at time of compensation. 17. Institutional Arrangements. The responsibilities for updating and implementing the RP will be undertaken by MOC, Administration Offices (State, District and Township), Land Record Department (State and District), Village Leaders, and Project Supervision Consultants (PSC). An external monitor will be recruited by MOC to verify satisfactory implementation of the RP.

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Indicative Implementation Schedule ACTIVITY TIMING

Land recovery decision announcement and COI staking Feb 2016

Staking of COI Mar 2016

Public information meetings with AHs and disclosure of COI and land acquisition boundary

Mar 2016

Conduct DMS Apr 2016

DMS data analysis May 2016

Post-DMS public consultations and disclosure of DMS results Jun 2016

Replacement Cost Survey Apr 2016

Replacement costs approval May 2016

Preparation of updated entitlement matrix and compensation chart; compensation with APs on same

Jun 2016

Consultations with severely affected APs on rehabilitation measures May 2016

Operation of GRM May 2016 until project completion

Finalization of compensation tables Jun 2016

Preparation of updated RP document, endorsement by MOC Jul 2016

ADB approval of updated RP Aug 2016

Disbursement of compensation and assistance Sep 2016

Implementation of Resettlement and Income restoration strategy Oct 2016

Land acquisition and handover of land for civil works from Oct 2016

Internal monitoring From Apr 2016

External monitoring From Apr 2016 ADB = Asian Development Bank; AH = affected households; AP = affected person; COI= corridor of impact; DMS = detailed measurement survey; GRM = grievance redress mechanism; MOC = Ministry of Construction; RP = resettlement plan.

18. Monitoring and Reporting. Monitoring will be undertaken by pre-determined indicators. MOC will be responsible for internal monitoring. An external monitor will be engaged by MOC. All monitoring reports will be publically disclosed.

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I. PROJECT DESCRIPTION A. Description of the Project

The project preparatory technical assistance (TA) for the Greater Mekong Subregion 1.(GMS) East–West Economic Corridor (EWEC) Eindu to Kawkareik Road Improvement is intended to improve connectivity within Kayin State, between Kayin State and Yangon, and regionally between Myanmar and Thailand, and onwards across the GMS. The project is expected to: (i) reduce transportation costs both for local and international traffic; (ii) improve access to employment opportunities, as well as to education and health services; (iii) improve access to markets of agricultural and other projects; (iv) reduce poverty of the people of Kayin State; and (v) improve trade and connectivity between Myanmar and Thailand.

The Project location map is shown in Figure 1. 2.

Figure 1: Eindu to Kawkareik Project Road

B. Measures Taken to Minimize Impact

A key component of ADB’s resettlement policy is to avoid, as much as possible and 3.wherever possible, the need for involuntary resettlement. During the project preparatory TA, the Consultant made every effort to reduce the requirements for new land acquisition.

The Consultant has identified the improved alignment and this is subject to the Ministry 4.of Construction (MOC) review and approval. Given the overall length of the Project road, the length and area of new land acquisition promotes much improved safety around dangerous curves.

KAWKAREIKMawlamyine

ThatonMyawaddyYangon

Pa-an

Bago

Payagyi Theinzayat

EINDU

Mae Sod

70KM EWEC PROJECT SECTION

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To minimize resettlement impacts, the road will generally follow the present alignment, 5.with an offset of 2–3 meters (m) left or right where necessary to avoid interfering with an existing telecommunications cable laid within or adjacent to the road embankment. The only exception will be the construction of 33 realignment sections (total combined length of 3.4 kilometer [km]) to smooth out curves for traffic safety reasons. The road will generally follow the existing vertical alignment, with some increase in height to improve the clearance over seasonal flood levels. The road cross section outside township areas will typically be two 3.3 m traffic lanes with surfaced shoulders on both sides, for use by non-motorized traffic and pedestrians.

Although the Consultant has carefully considered measures to mitigate the amount of 6.new land required for the Project, construction of these works will inevitably cause certain local people in project areas to lose a proportion of their land to make way for the new road.

The Consultant applied the following design principles to minimize any necessary land 7.acquisition:

(i) to the greatest extent possible, retain any alignment improvement within the existing right of way; and

(ii) review of all sections for potential impacts with Project Resettlement specialists.

During preparation of the preliminary design, many solutions for reducing land 8.acquisition and other impacts were discussed by the Consultant, local people and businesses. C. Objective of the Resettlement Plan

This resettlement plan (RP) addresses impacts on assets and livelihoods resulting from 9.the GMS EWEC Eindu to Kawkareik Road Improvement Project in Kayin State.

The objective of the RP is to improve, or at least restore, livelihoods and living standards 10.of affected households while allowing them to maintain their cultural identity. It is designed to provide full compensation to all individuals who stand to lose their respective houses, land or other livelihood assets due to construction and/or upgrading of the road.

The overall objective of the RP is to ensure all affected persons (AP) will be 11.compensated at replacement cost based on the current market value for their respective losses. The RP also provides for rehabilitation measures, including transition allowances, so APs are at least as well off as they would have been in the absence of the Project.

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II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT A. Description of Project Land Acquisition Requirements and Corridor of Impact

Due diligence conducted by the consultants on the entire length of the project design 12.indicated that there are three main types of project design features that will cause land acquisition and/or other resettlement impacts: (i) 33 realignment sections to smooth out curves for safety reasons requiring acquisition of new right of way (ROW) to a width of 230 feet (approx. 70 m) with a total combined length of 3.4 km; (ii) raising of road height in flood prone areas causing road base widening of up to 3 m from centerline for a total combined length of 14.2 km in 4 sections; and (iii) standardizing the road pavement width causing road widening of up to 2 m from centerline in 4 sections with a total combined length of 4.02 km. All these impacts were covered in the resettlement surveys. In accordance with the Myanmar Government decision on application of right-of-ways to roads, the ROW of 230 feet (approx. 70m) has been applied by the Government to the entire highway (of which the project alignment is part) to the border of Thailand because it is an international highway (category 2 road).

The cross section within the townships will be typically of two 3.5 m surfaced lanes as a 13.rigid unreinforced concrete pavement, with unsurfaced shoulders. Construction works outside the townships areas will be confined within a construction corridor of impact (COI) of 21.2 m (69.5 feet), measured 10.6 m on both sides from the existing road centerline inside the established ROW of 230 feet (approx. 70m).

A summary of the locations of the three main types of impacts caused by the civil works 14.of the project design is in Table 1.

Table 1: Summary of Project Design Features Causing Land Acquisition and Resettlement Impacts

District Village Chainage

Realignment Sections Impact: Acquisition of land for new ROW to width of 230 feet (approx. 76 m)

Hpa-an LunNya 4.76-5.08

Hpa-an TharYarKone 15.86-16.08

Hpa-an WaeKaYin 19.76-19.95

Hpa-an DuRein 23.17-23.48













Hpa-an KarKaLay 33.77-33.86

Hpa-an ThaDaU 35.72-35.91

Hpa-an ThaDaU 36.49-36.93

Kawkareik KyoneDoe 44.16-44.50


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District Village Chainage


Kawkareik TaDaKyoe 53.03-53.19













Kawkareik HlaingWa 62.38-62.84







Road Raising Sections Impact: widening road base by approximately 3 m from centerline within ROW

Hpa-An KyarKala, ThadaU 34.700-38.500

Kawkareik Kyondoe 40.000-44.800

Kawkareik Kyondoe 46.100-47.800

Kawkareik TadaKyoe 48.100-52.000

Standardizing road pavement width Impact: widening road base by 2m from centerline within ROW in various sections.

The need curve widening is considered unnecessary because of the relatively 2.0 m wide shoulder, with full depth construction.

Hpa-An Eindu 0.000-0.520

Hpa-An KyarKalay 33.960-34.770

Hpa-An Gyaing 39.440-40.000

Kawkareik Kyon Doe 44.730-46.880

Location District Village Chainage Total (m2)

Realignment Sections Impact: Acquisition of land for new ROW to width of 230 feet (approx. 76 m)

1 Hpa-an LunNya 4.76-5.08 11,291

2 Hpa-an TharYarKone 15.86-16.08 3,914

3 Hpa-an WaeKaYin 19.76-19.95 3,004

4 Hpa-an DuRein 23.17-23.48 7,463

5 Hpa-an DuRein 23.89-23.80 3,798

5 Hpa-an DuRein 24.20-24.32 7,703

6 Hpa-an DuRein 25.95-26.12 2,038

7 Hpa-an DuRein 26.94-27.10 2,481

8 Hpa-an DuRein 27.70-27.92 3,858

9 Hpa-an DuRein 27.98-28.22 7,972

10 Hpa-an DuRein 29.64-29.97 12,924

11 Hpa-an DuRein 30.12-30.36 5,984

12 Hpa-an DuRein 30.47-30.58 1,471

10


Location District Village Chainage Total (m2)

13 Hpa-an DuRein 32.38-32.45 1,101

14 Hpa-an DuRein 32.66-32.76 1,539

14 Hpa-an DuRein 32.77-32.88 1,693

15 Hpa-an KarKaLay 33.77-33.86 1,176

16 Hpa-an ThaDaU 35.72-35.91 3,298

17 Hpa-an ThaDaU 36.49-36.93 24,832

18 Kawkareik KyoneDoe 44.16-44.50 9,021



21 Kawkareik TaDaKyoe 53.03-53.19 2,445













29 Kawkareik HlaingWa 62.38-62.84 19,720







Road Raising Sections Impact: widening road base by approximately 3 m from centerline within ROW

1 Hpa-An KyarKala, ThadaU 34.700-38.500

2 Kawkareik Kyondoe 40.000-44.800

3 Kawkareik Kyondoe 46.100-47.800

4 Kawkareik TadaKyoe 48.100-52.000

Standardizing road pavement width Impact: widening road base by 2m from centerline within ROW in various sections. The need curve widening is considered unnecessary because of the relatively 2.0 m wide shoulder, with full depth construction.

1 Hpa-An Eindu 0.000-0.520

2 Hpa-An KyarKalay 33.960-34.770

3 Hpa-An Gyaing 39.440-40.000

4 Kawkareik Kyon Doe 44.730-46.880

Total 309,518 m = meter; m

2 = square meter; ROW = right of way.

B. Methodology to Assess Resettlement Impacts

Surveys to assess the project resettlement impacts consisted of IOL and a desk survey 15.of topographical maps based on the project’s detailed design. The project-related involuntary resettlement impacts result from three types of design impacts mentioned above. The IOL was undertaken in 22 March–6 April 2014 and 8–20 September 2014 based on the project design

11


11

and typical corridor of impact. The IOL included a household survey and field based physical measurement of impacts on land, structures and other property such as trees. The IOL of the realignment sections was based on 150 feet (approx. 46 m) according to information available to the survey team at the time. A Government decision to widen the ROW to 230 feet (approx. 70 m) was made in January 2014 (Letter No. Lan (ka-ga-na)/lan-htway/2013-2014/371 dated 14 January 2014). Accordingly the consultants conducted a computer-based measurement of topographical maps in May 2015 to measure the additional land acquisition requirements for the 33 new realignment sections. The topographical maps used were prepared by engineering surveys conducted by consultants during the preparation of the project. This RP also includes a Replacement Cost Survey (RCS) Report of key items (such as land, trees) undertaken in April 2014 and September–October 2014.

After formal project approval, the RP will be updated and finalized based on a detailed 16.measurement survey (DMS) conducted by State Government authorities (principally Land Record Department and MOC) and updating of compensation and assistance rates following a new RCS conducted by a qualified appraiser engaged by MOC. During this time the actual impacts and resettlement budget will be updated and finalized. C. Summary of Resettlement Impacts

Land acquisition and resettlement impacts for the Project affect both land and non-land 17.assets located in Hpa-an and Kawkareik Districts in Kayin State, in 2 townships and 14 out of 30 villages along the project road alignment.

The project will affect 114 households (HHs), including 18 HHs losing residential land; 8 18.HHs losing agricultural land (annual cropping) – with associated impacts on crops; 26 HHs losing garden land (perennial tree); 85 HHs experiencing impacts (partial or entire) on houses, shops, or kiosks; and 21 losing secondary structures.

Public and state-owned assets will also be affected. The project will affect the location of 19.voltage cable and 0.4KV cable network, voltage transformer, commune-owned agriculture land, irrigation ditch water pipe, and other structures. In addition, four telecommunication towers owned by Myanmar Fiber Optic Communication Network Co Ltd. (a private company) will also need to be relocated.

Of the total number of HHs, 38 HHs (175 persons) are considered to be severely 20.affected. These include 4 whose houses are entirely affected and required to relocate; 8 HHs losing more that 10% of agricultural land; and 26 HHs losing more than 10% of garden land. Based on information obtained during the field surveys, it is expected that disruption to business of shops and kiosks would be temporary in nature.

A summary of numbers of AHs by types of main impacts is presented in Table 2. 21.

Table 2: Total Number of AHs and Types of Assets Affected by the Project

Village Total No. of AHs

Residential land

Agricultural land

Garden Land House

Shops/ Kiosks Crop

Total 114 18 8 26 23 72 8

Eindu 5 3 5 Lunnya 4 2 1 0 0 1 KhaNyeinDoe 3 3 4 KawtKaDar 4 3 1

12


Village Total No. of AHs

Residential land

Agricultural land

Garden Land House

Shops/ Kiosks Crop

TharYarKone 3 2 0 WaeKaYin 7 3 1 7 DuRein 14 2 1 11 0 1 1 KarKaLay 14 2 1 7 0 6 1 TaDaU 3 1 1 5 1 1 YoeMaHar 18 7 3 8 KyoneDoe 20 3 14 NwarChanKone 5 2 2 21 TaDaKyoe 13 4 7 1 4 4 HlaingWa 1 0 AH = affected households. Source: IOL survey 2014.

A total of 141,312 square meters (m2) of land will be acquired affecting 52 HHs. Of this 22.area, 8,718 m2 is residential land, 19,528 m2 is agricultural land (annual cropping), and 113,324.4 m2 is garden land (perennial tree). Land acquisition is caused by the need to acquire new ROW for 33 realignment sections. A summary of land losses by number of AHs and location is presented in Table 3 below.

Table 3: Permanent Land Losses

Village

Total Residential land Agricultural land Garden land

HHs Area (m2) HHs Area (m

2) HHs Area (m

2) HHs Area (m

2)

Total 52 141,312 19 8,718 8 19,528 26 113,324

Hpa-an District Sub-Total Hpa-an 38 89,188 16 2,830 4 10,579 19 76,038 Lunnya 3 10,770 2 1,326 1 9,443 0 - WaeKaYin 3 294 3 294 0 - 0 - DuRein 13 50,020 2 251 1 259 11 49,769 KarKaLay 10 5,434 2 262 1 316 7 4,856 TaDaU 2 21,973 0 - 1 561 1 21,412 YoeMaHar 7 697 7 697 0 - 0 -

Kawkareik District Sub-Total Kawkareik

14 52,124 3 5,888 4 8,949 7 37,286

KyonDoe 1 478 1 478 0 - 0 - NwarChanKone 2 89 2 89 0 - 0 - TaDaKyoe 11 51,557 0 5,322 4 8,949 7 37,286 HH = households; m

2 = square meter.

Source: IOL survey 2014 and desk survey May 2015.

1. Impacts on Main Structures

A total of 23 houses with an aggregate area of 467m2 will be affected by land acquisition 23.

for the project, of which 13 houses will be fully affected. The vast majority of houses are of traditional wooden style structure. Of the 13 fully affected houses, 9 can be moved or rebuilt on remaining land, while 4 households do not have remaining land and will be required to relocate. All main structures identified in the IOL are within the existing ROW.

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Table 4: Impacts on Houses and House-cum-Shops

Village

Houses House-cum-Shops

Fully Affected (HH)

Partially Affected (HH)

Fully Affected (HH)

Partially Affected (HH)

Hpa-an District Eindu Lunnya 1 1 1 KhaNyeinDoe KawtKaDar 2 1 TharYarKone 2 1 WaeKaYin 2 DuRein 1 KarKaLay TaDaU YoeMaHar 3 1 1

Kawkareik District KyoneDoe 3 NwarChanKone 2 TaDaKyoe 1 HlaingWa

Total (HHs) 10 8 3 2

Total (m2) 467.25 134.66 324.02 43.94

HH = households; m2 = square meter.

Source: IOL survey 2014.

In addition to the impacts on houses, there are 47 affected stand-alone shops, of which 24.

34 will be fully affected. The locations of these shops are presented in Table 9.

2. Impacts on Secondary Structures, Trees and Crops

A summary of losses of secondary structures is presented in Table 5. 25.

Table 5: Impacts on Secondary Structures

Type Hpa-an District

(HHs) Kawkareik District

(HHs) Total (HHs) Instances

well 3 1 4 4 retaining wall 1 1 fence 2 1 3 3 concrete piles 2 2 162 car washing 1 1 nursery 1 1 hut 1 2 hovel 1 1 temporary structure 6 6 7 toilet 2 2 2 petro silo 1 1 1 sign board 1 1 1 groove 1 1 1 wood bridge 1 1 1 water tank 1 1 1 kiosks 4 22 26 26

HH = households. Source: IOL survey 2014.

14


A total of 3,817 trees (mostly rubber trees) were identified by the inventory of loss (IOL) 26.located on various types of land, including residential land. Additional trees may be affected in the area covered by the supplementary desk survey (refer to para. 15 above) and are not included here. Losses of crops are associated with the acquisition of agricultural land. Principal crops grown on affected agricultural land include paddy, cassava, and corn. In preparing this RP, it is assumed that all crops on trees on land to be acquired for the new ROW will be affected. In reality, it is possible that crops and trees far from the immediate COI but within the new ROW will not be affected. The final number of affected crops and trees will be determined during the detailed measurement survey when the RP is updated. A summary of surveyed trees is presented in Table 6.

Table 6: Loss of Trees Tree/Crop Households Trees

Rubber trees 21 2,775 Teak 3 134 Fruit trees 27 807 Other trees 14 101


3. Severely Affected Households

There are an estimated total of 38 severely affected households (SAH). SAHs are those 27.

who are physically displaced or who lose more than 10% of their productive land or permanently lose other productive (income generating) resources. The number of SAHs consists of estimated 4 HHs with fully affected houses required to relocate; 8 HHs losing more that 10% of agricultural land (annual cropping land); and 26 HHs losing more than 10% of garden land (principally for perennial trees). Based on information obtained during the field surveys, it is expected that most, if not all, affected shops and kiosks will be able to be moved and/or rebuild on remaining land and the impacts would, therefore, be temporary in nature. The number of severe impacts by permanent loss of shops is provisional at this stage and will be confirmed during updating of the RP.

Estimated severity of impacts due to loss of agricultural and garden land is presented in 28.the Tables 7 and 8. The information below relates to land loss and not actual land use. For areas in newly acquired ROW, it is likely that land with a reasonable distance from the immediate COI could continue to be used for agriculture and growing trees. The actual impacts of change in land use will be determined during the detailed measurement survey when the RP is updated.

Table 7: Severity of Loss of Agricultural Land (Annual Cropping) Village Total <10% 10–30% 30–70% > 70%

Hpa-an District LunNya 1

1

Durein 1 1

KarKaLay 1 1

TaDaU 1 1

Kawkareik District TaDaKyoe 4 4

Total 8 7 1 0

Source: IOL survey 2014 and estimates additional percentage loss from desk survey 2015.

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15

Table 8: Severity of Loss of Garden Land Village Total <10% 10%–30% 30%–70% > 70%

Hpa-an District Durein 11 10 1

KarKaLay 7 5 2

TaDaU 1

1

Kawkareik District TaDaKyoe 7

7

Total 26

22 3 1

Source: IOL survey 2014 and estimates additional percentage loss from desk survey 2015.

A total of 78 HHs will be affected by impacts on shops and kiosks. Of these 63 will be 29.

entirely affected comprising 34 stand-alone shops; 3 shops operated from affected houses (house-cum-shop); and 26 kiosks. The impacts are expected to be temporary in nature and the AHs are expected to be able to reconstruct the shops/kiosks on remaining land. This will be confirmed during updating of the RP. The impacts will be mitigated through compensation and assistance measures set out in this RP. Details of impacts on shops and kiosks are presented in Table 9.

Table 9: Impacts on Shops and Kiosks Stand-alone Shops House-cum-Shops Kiosks

Village Fully Affected

(HH) Partially

Affected (HH) Fully Affected

(HH) Partially

Affected (HH) Fully Affected

(HH)

Hpa-an District

Eindu 3 2

Lunnya 1

KhaNyeinDoe 1 2

KawtKaDar 1 1 1

TharYarKone 1

WaeKaYin 2 2

DuRein 1 1 3

KarKaLay 3 3

TaDaU 1

YoeMaHar 7 1 1

Kawkareik District

KyoneDoe 12 2

NwarChanKone 2

TaDaKyoe 1 19

HlaingWa 1 3

Total 34 13 3 2 26 HH = households. Source: IOL survey 2014.

4. Affected Public and State-Owned Assets

Impacts on public and state-owned assets are summarized in Table 10. 30.

16


Table 10: Public Assets to be Affected

Items Unit Eindu Lun Nya

Kawt Ka Dar

Thar Yar Kone

Kar Ka Lay

Tha Da U

Kyone Doe

Buddhist pagoda (part of land – no impact on structures)

m2 25.5

Bus stop/ Resthouse

m2 27.04 114.66 53.98 22.14

Labor House m2 45.88

local authority office

m2 63.96

Fire recues tank (2 tanks)

m3 64.42

Petrol Silo/ Generator room

m2 8.1

m2 = square meter.


5. Borrow Sites and Quarries

Table 11 shows the identified quarries and borrow pits. These quarries and borrow pits 31.

do not require any land acquisition nor new connection roads. There may be additional sites identified during the Construction Phase, however, these are not known at this time.

Table 11: Existing Quarries and Borrow Pits Name and Type Location Access to Quarry Site (km) Land Required

Lunya Quarry – Lime Stone Km 5+000 2.0 No Thamanya Quarry – Laterite Km 17+250 2.5 No Borrow Site – Laterite Soil Km 37+000 1.5 No Borrow Site – Laterite Soil Km 65+000 1.5 No

km = kilometer.

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17

III. SOCIOECONOMIC INFORMATION AND PROFILE A. Methodology Used in the Socioeconomic Profile

The data for the socioeconomic profile was obtained from two surveys conducted during 32.the preparation of the Project. The first is the socioeconomic survey (SES) conducted in March 2014 to prepare the Poverty and Social Assessment (PSA) for the Project, the scope of which covers the general project area. The second is the IOL which included a number of key socioeconomic indicators of HHs affected by land acquisition and resettlement.

The PSA survey used two main instruments: 33.(iii) social economic assessment questionnaire; and (iv) village inventory checklists.

Table 12 shows the name of the village and the number of questionnaires completed. 34.

Each village had a village inventory list completed.

Table 12: Villages and Number of Completed SES Questionnaires Name of Village Name of Township SES Questionnaires

Lun Nya Hpa–An 16

Eindu Hpa–An 20

KhaNeimDo Hpa–An 8

Kawt Ka Dar Hpa–An 46

Thar Yar Kone Hpa–An 10

Wea Kayin Hpa–An 4

Shan Kone Hpa–An 9

Du Rain Hpa–An 5

Kyar Ka Lay Hpa–An 8

Ta Da U Yo Ma Han Hpa–An 5

Gyaing Yo Ma Har Hpa–An 7

Kyon Doe Kawkareik 96

Yay Bu Gyi Koo Tai Ngar Tai Nyi Nyar Tar Lin

Kawkareik 41

Inn Gyi Ngwar Chan Kone Kawkareik 7

Yay Gyaw Gyi Hlaing Wa Ta Da Kyoo

Kawkareik 53

TOTAL 335 SES = socioeconomic survey.

The socio-economic profile information is presented below as two sections – profile of 35.

the project area followed by profile of HHs affected by land acquisition and resettlement. B. Profile of Project Area

The GMS EWEC Eindu to Kawkareik Road Improvement Project passes through two 36.townships in Kayin State. Kayin State has a total population of 1,057,505. 1

1 Source: States and Region of Myanmar from 2014. The last census was 1983. The current census is ongoing in

Kayin State and census enumerators were out during the IOL Survey. There is no township population currently available.

18


C. Population Profile of Project Area

The largest ethnic group in the project area is Kayin – 44% along with Bamar at 31% 37.and PaOh at 12%. These are for villages next to the road. Figure 2 shows the ethnicity group along the road corridor.

Figure 2: Ethnicity of Households along Road Corridor

Table 13 shows an overview of the main occupation of HHs along the road. Trading is 38.

the top occupation.

Table 13: Main Occupation of Households (%)

Farming Trading/Market

Services Skilled Labor

Unskilled Labor

Government worker

Retired, Homemaker

Rubber plantation Other

12 50 2 11 3 4 4 15

Table 14 provides a picture of the main occupations over four villages by HH head. 39.

There are very few involved in farming – either cash crop or subsistence.

Table 14: Main Household Profession by Selected Villages Villages Farming Trading Skilled Unskilled Government Retired Other

Eindu 0 65 5 0 0 0 30

Kawt Ka Dar 13 219 6 19 6 0 25

Kyone Doe 1 65 2 7 2 8 15

Hlaing Wa 12 20 2 22 12 10 24

Figure 3 shows a summary of educational level for HH head along the road. The highest 40.

number completed primary school and then the education level drops off after middle school and especially tertiary.

Kayin 44%

Bamar 31%

PaOh 12%

Mon 7%

Shan 3%

Tamil 3%

Ethnicity

19


19

Figure 3: Household Head Education Level

Tables 15 and 16 provide an analysis of the SES income and expenditure results for by 41.

the two affected townships. Income and expenditure is significantly higher in Hpa-an township. Transportation expenditure is ranked 4th and 5th and food is the highest expenditure. Trade and associated services are the highest income for HH along the road.

Table 15: Household Average Yearly Income (MMK/year) Income source

Total Daily

income Township Farming Livestock Trade & services Wage Other

Hpa-An 415,580 25,362 4,539,058 205,076 956,957 6,142,032 3,365 Kawkareik 35,736 11,675 346,345 151,827 123,858 669,442 367

MMK = Myanmar Kyat.

Table 16: Household Average Yearly Expenses (MMK/year)

Township Food Clothes Education Health Transportation Total

Hpa-An 3,473,391 190,739 424,783 337,109 228,101 4,654,123 Kawkareik 408,081 31,472 84,569 35,025 23,168 582,315

MMK = Myanmar Kyat.

Figure4 shows the sources of drinking water families use according to the data analysis 42.

from the SES.

No education 10%

Primary School 38% Middle School

23%

High School 21%

Professional 0%

College 3%

Postgraduate 5%

Education

20


Figure 4: Drinking Water Sources

For both townships, the highest type of toilet was pit latrine, however, still a significant 43.

number have an indoor toilet.

Figure 5: Types of Household Toilets

Tables 17 and 18 illustrate what HHs use for lighting and for cooking sources along the 44.

road corridor.

0

10

20

30

40

50

60

70

80

90

100

Hpa an kawkareik

Drinking water

Rainwater Well Purchase Water

0

10

20

30

40

50

60

Hpa An Kawkareik

Toilets

As pit Indoor None

21


21

Table 17: Energy Sources – Lighting (%)

Electricity Network Solar Batteries

Private Generator None

Public Generator and Candle

Hpa An 51 4 4 10 1 30 Kawkareik 23 8 5 12 1 51

Total 35 6 4 11 1 42

Table 18: Energy Sources – Cooking (%)

Electricity Network Firewood Bio gas Propane

Hpa Ann 9 88 - 4 Kawkareik 1 98 1 1

Total 4 94 - 2

Households identified health concerns during the SES. Table 19 shows a summary of 45.

the top five illnesses as identified by HHs along the road.

Table 19: Health Concerns (%) Illness Flu Gastritis Hypertension Cardiac Rheumatic fever

Hpa An 36 26 4 6 2 4 Kawkareik 53 2 10 6 6 4

Total 45 12 7 6 4 4

Tables 20 and 21 highlight how the HH is organized around gender for cooking, 46.

cleaning, and caring for the children, as well as agricultural activities.

Table 20: Gender and Activities at Home (%)

Cooking Cleaning Care of Children Care for the sick,

elderly

Male Female Both Male Female Both Male Female Both Male Female Both

Labor in Home

1 97 2 98 2 98 2 100

Table 21: Gender and Agriculture Activities (%)

Growing Soil Spraying

insecticide Harvesting Collecting wood

Male Female Both Male Female Both Male Female Both Male Female Both

Labor in Family

97 1 2 93 5 2 93 5 2 93 5 2

Table 22 provides the number of assets by village according to the SES. 47.

Table 22: Household Assets by Village

Villages Motor-cycle Bicycle Car Tractor

Gene- rator

Pumping Machine TV

Tele-phone Fans Ref

Rice Cooker

Eindu 70 70 20 0 75 30 100 95 85 90 95 Lun Nya 81 63 0 6 38 63 94 63 81 38 88 Kha Neim Do 63 63 13 0 25 13 75 38 63 50 38 Kawt Ka Dar 72 30 9 2 37 22 89 57 30 33 26 Thar Yar kone 70 20 20 0 50 10 90 60 0 0 0 Wea Kayin 75 25 0 0 25 0 50 25 0 0 0 Shan Kone 56 22 0 0 11 0 22 22 0 0 0 Du Rein 80 20 0 0 80 0 80 60 0 0 0 Kyar Ka Lay 88 63 0 13 50 13 75 63 13 0 0 Ta Da U 60 60 20 20 80 20 60 40 0 20 0

22


Villages Motor-cycle Bicycle Car Tractor

Gene- rator

Pumping Machine TV

Tele-phone Fans Ref

Rice Cooker

Gyaing 57 29 0 0 14 14 86 14 0 0 0 Kyone Doe 70 31 8 0 19 10 89 65 39 15 15 Koo Tai 80 40 0 0 20 10 60 70 0 0 0 Ngar Tai 70 22 13 0 22 0 43 26 0 4 0 Nyi Nyar Thar Lin

88 25 0 0 38 0 13 25 25 0 0

Ngwar Chan Kone

86 29 0 0 43 0 86 86 0 0 0

Hlaing Wa 63 37 2 2 24 14 65 43 12 2 2 Ta Dar Kyo 100 0 0 0 50 0 100 0 0 0 0

The HH assets listed above are relevant for the road project as we see a high number of 48.

motorcycles and bicycles that will use the road for short distances. There are fewer cars but that is expected to increase. D. Profile of Villages in the Project Area

Table 23 highlights the availability of infrastructure for the main villages next to the road 49.and especially those with land acquisition. There are many villages that do not have any electrical supply. Water supply is available in three of the project villages. Only one village has a bank. A popular place for monasteries is on the project road at Tharmanya. There are three locations that have hospitals. There are four locations that have markets. Primary schools are present in all villages except for two.

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23

Table 23: Checklist of Infrastructure and Social Services Institutions by Village Along the Eindu–Kawkareik Road Project

Name Of Village

Primary School

High School

Health Clinic Hospital

Post Office Bank Monastery

Grocery Stores Market

Water Supply

Electri-city Historical

Eindu 5 1 4 1 1 6 33 1 1 1

Lun Nya

Kha Neim Do 1 2 3 1 2

Kawt Ka Dar 1 1 1 3 5 1

Thar Yar Kone

1 2 8

Tharmanya 1 6 40 50 1 1 1 1

Wea Kayin 1 1 5

Shan Kone 1 1 4

Du Rein 1 3 9

Kyar Ka Lay 1 1 3 6

Ta Da Oo 1 1 1 3

Gyaing 2 1 5 10 1 2

Kyone Doe 5 1 2 1 1 6 45 2 1 1 1

Yay Bu Gyi 2 1 3 5 2 3

Inn Gyi 1 2 5 1

Yay Gyaw Gyi 2 1 2 2 1

Kawkareik 20 4 14 2 1 1 18 50 3 1

24


E. Profile of Households Affected by Land Acquisition and Resettlement

There are a total of 528 affected persons in 114 HHs, giving an average HH size of 4.6 50.persons. The demographic split according to gender is 48% male and 52% female.

Table 24: Household Demographic Information

Village Household Male Female Total

Persons Average

Household Size

Hpa-an District 75 167 183 350 4.67 Eindu 5 13 14 27 5.40 Lunnya 4 17 10 27 6.75 KhaNyeinDoe 3 7 8 15 5.00 KawtKaDar 4 11 9 20 5.00 TharYarKone 3 6 4 10 3.33 WaeKaYin 7 20 18 38 5.43 DuRein 14 7 9 16 5.33 KarKaLay 14 35 32 67 4.79 TaDaU 3 15 20 35 11.67 YoeMaHar 18 36 59 95 5.28 Kawkareik District 39 85 93 178 4.56 KyoneDoe 20 37 49 86 4.30 NwarChanKone 5 12 13 25 5.00 TaDaKyoe 13 33 27 60 4.62 HlaingWa 1 3 4 7 7.00

Total 114 252 276 528 4.63

There are 59 vulnerable HHs, the vast majority of who are considered vulnerable due to 51.

having self-reported incomes equating to less than $1.25 per day per person.

Table 25: Vulnerable Households

Village Poor* Landless

Female-Headed

Household

Head of Household

with Disability

Elderly Headed

Household

Total Vulnerable

Households*

Hpa-an District 33 3 4 35 Eindu 3 3 Lunnya 1 2 2 KhaNyeinDoe 1 1 KawtKaDar 3 1 3 TharYarKone 2 1 2 WaeKaYin 5 1 5 DuRein 3 1 3 KarKaLay 5 5 TaDaU 2 2 YoeMaHar 9 1 1 9 Kawkareik District 24 1 2 24 KyoneDoe 16 2 16 NwarChanKone 2 2 TaDaKyoe 5 1 5 HlaingWa 1 1

Total 57 4 6 0 0 59 * Notes: (i) The enumeration of poor households is based on an absolute poverty line of equivalent $1.25/day/person

and based on information provided by the households interviewed. (ii) Households may be affected by more than one type of vulnerability factor. The total numbers of vulnerable households shown above are the sum of unique vulnerable households and not the sum of vulnerability factors experienced by households.

25


25

Affected households consist of 5 ethnic groups, the largest of which is Kayin (41%) 52.followed by Burmese (34%). This is typical of the ethnic composition of the project area in general.

Table 26: Ethnicity of Affected Households

Village Burma Kayin Mon Paoh Tamil

Hpa-an District 16 33 10 14 1 Kawkareik District 23 14 0 0 3

Total 39 47 10 14 4

F. Ethnic Groups in the Project Area

The project area population is composed of 6 ethnic groups – Kayin, Bamar (Burmese), 53.PaOh, Mon, Shan and Tamil. The largest ethnic group in the project area is Kayin – 44%, followed by Bamar at 31%, and PaOh at 12%. These are for villages next to the road. Figure 6 presents the ethnic composition of communities along the road corridor.

Figure 6: Ethnicity of Households along Road Corridor

Source: PSA survey 2014.

The ethnic group composition of HHs affected by resettlement is similar to the project 54.

area in general. A summary of the ethnic groups of AHs by village is in Table 27.

Table 27: Ethnicity of Affected Households Village Burma Kayin Mon Paoh Tamil

Hpa-an District 16 33 10 14 1 Eindu 3 1 1 Lunnya 4 KhaNyeinDoe 3 KawtKaDar 2 1 1 TharYarKone 1 1 1 WaeKaYin 2 5

Kayin 44%

Bamar 31%

PaOh 12%

Mon 7%

Shan 3%

Tamil 3%

Ethnicity

26


Village Burma Kayin Mon Paoh Tamil

DuRein 1 1 7 4 KarKaLay 2 3 1 8 TaDaU 2 1 YoeMaHar 3 14 1 Kawkareik District 23 14 0 0 3 KyoneDoe 16 3 NwarChanKone 1 2 2 TaDaKyoe 5 9 1 HlaingWa 1

Total 39 47 10 14 4 Source: IOL survey 2014.

The negative impacts and risks posed by the project include resettlement related 55.

impacts (loss of productive land, loss of shops, and physical displacement) and risks of increased transmission of HIV, as well as human trafficking. The resettlement-related impacts will be mitigated under the measures provided under this RP. Risks of HIV transmission and human trafficking are to be mitigated through an HIV and Human Trafficking Awareness and Prevention Program provided as a dedicated program funded under the Project. There is a need to ensure meaningful consultation of affected communities and stakeholders throughout project implementation. A consultation and participation plan has been prepared for the project and additional resources are being made available to ensure its effective implementation.

The Project is expected to provide longer term benefits of improved access to markets 56.and services, as well as indirect benefits of economic development and diversification of economic opportunities over the longer term through improved transportation, and increase in traffic flow in the project areas.

A summary of the negative and positive impacts associated with the project as well as 57.respective mitigation measures and channels of benefits delivery are set out in Table 28.

Table 28: Summary of Project Impacts

Impact

Positive/ Negative

(+/-) Mitigation Measure/ Benefit Channel

Land acquisition and resettlement - Impacts on loss of property, housing and livelihoods to be fully mitigated through the RP

Risk of increased transmission of HIV and human trafficking

- Risks mitigated through HIV and Human Trafficking Awareness and Prevention Program to be implemented by a separate service provider under the project.

Traffic safety due to increased vehicle speeds and traffic

- Mitigated through incorporation of road safety in project technical design, including calming measures to reduce traffic speeds in populated village areas.

Improved access to services and markets

+ Improved road conditions will improve road travel, especially during rainy seasons.

Improved health + Improved access to health services

Economic improvement + Longer term expected benefits of economic improvement due to increased flow of traffic, reduced transportation costs, and travel saving times.

Impact the culture and way of life + The project will promote greater integration of the

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Impact

Positive/ Negative

(+/-) Mitigation Measure/ Benefit Channel

of the affected ethnic minorities peoples of Kayin State with the nation. The project upgrades an existing highway. As such no significant impact due to new flow of traffic is expected.

Consultation, participation and grievance redress.

+ Meaningful consultation to be an ongoing process throughout project preparation and implementation. A draft consultation and participation plan has been prepared and will be updated during project implementation. Consultation process to include Karen CSOs, including Karen Peace Support Network which is an umbrella organization of nearly 30 Karen CSOs. Resettlement-affected persons have been consulted during the preparation of the RP. Communities in the project area, in general, to be fully informed and consulted on all aspects of the project affecting them in culturally appropriate and inclusive manner. Grievance redress mechanism to operate in an effective and culturally appropriate manner.

CSO = civil society organizations; RP = resettlement plan.

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IV. INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION

A. Consultation and Participation

Meaningful consultation is an integral element of RP preparation and implementation for 58.this project RP. Meaningful consultation is a process that (i) begins early in the project preparation stage and is carried out on an ongoing basis throughout the project cycle; (ii) provides timely disclosure of relevant and adequate information that is understandable and readily accessible to affected people; (iii) is undertaken in an atmosphere free of intimidation or coercion; (iv) is gender inclusive and responsive, and tailored to the needs of disadvantaged and vulnerable groups; and (v) enables the incorporation of all relevant views of affected people and other stakeholders into decision making, such as project design, mitigation measures, the sharing of development benefits and opportunities, and implementation issues.

Consultations were undertaken during the preparation of this RP with consultations held 59.before, during, and after the implementation of the IOL and SES. Consultations, including separate consultations with SAHs, will continue after approval of the RP, during updating, as well as during the implementation of the RP.

The main purposes of the participation and consultation process are to: 60.(i) provide complete and timely information to APs about the Project and related

activities, and ensure that they are able to make fully informed decisions about matters that will directly affect their livelihoods, incomes, and living standards;

(ii) obtain the cooperation and participation of APs and other stakeholders for resettlement planning and implementation – that is, gather information about the needs and priorities of APs regarding compensation, relocation, and other activities to be undertaken as part of resettlement planning and implementation;

(iii) obtain the reactions of APs and other stakeholders to proposed policies and activities;

(iv) reduce the potential for conflict, as well as the risk of project delays; and (v) enable the Project to design the resettlement and rehabilitation program in a

manner to fit the needs and priorities of APs.

B. Public Information and Consultation Activities

Public information meetings were held with APs in each village prior to and following the 61.IOL. Information discussed during the pre-IOL meetings included: Project and potential resettlement impacts; project implementation arrangements; RP preparation; explanation of IOL; IOL schedule. Information discussed during the post-IOL meetings included: overview of the project; summary results of IOL survey; cut-off date; resettlement policy and approaches; RP preparation; grievance redress mechanism (GRM). A project information brochure (PIB) was disseminated to AHs in May 2015. The PIB (English version) can be found in Appendix E.

A summary of key consultations undertaken during the preparation of the RP is in Table 62.29. Minutes of the meetings with AHs are presented in Appendix F.

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Table 29: Summary of Consultation Activities Date Village Location Total

Key Consultation Meetings with Kayin State and District Authorities Information discussed: Overview of RP principles and entitlements, preparation of RP and updated RP, consultation and disclosure requirements.

19 May 15 Pa-an Town

20 May 15 Kawkareik Town

21 May 15 Pa-an Town

Pre-IOL Consultations with AHs

Information discussed: Project and potential resettlement impacts; project implementation arrangements; RP preparation; explanation of IOL; IOL schedule

21 Mar 14 Lun Nya Lun Nya Monastery 44 (15 Female)

21 Mar 14 Durein Durein Zayat 20 (9 Female)

21 Mar 14 TaDaU TaDaU Restaurant 5 (1 Female)

21 Mar 14 Hlaing Wa Hlaing Wa Villager's House 13 (4 Female)

Total Pre-IOL 82

Post-IOL Consultations with AHs

Information discussed: Overview of the project; Summary results of IOL survey; cut-off date; resettlement policy and approaches; RP preparation; GRM

31 Jul 14 LunNya U Khin Maung's House 5 (2 Female)

10 Sep 14 Gyaing U Maung Maung's House 4 (1 Female)

10 Sep 14 Kyon Sauk Kyar Ka Lay Village 9 (1 Female)

10 Sep 14 KarKaLay Restaurant at TadaU Village 15 (2 Female)

11 Sep 14 Kha Ye Kan Nar Durein Village leader's house 5 (1 Female)

12 Sep 14 Yay Pu Gyi Ngar Tai Village leader's house 5 (1 Female)

12 Sep 14 Yay Kyaw Gyi Dr. Win Myint's Rubber plantation 5 (0 Female)

4 Nov 14 Eindu Eindu Administrative Office 7 (2 Female)

4 Nov 14 LunNya LunNya Administrative Office 9 (1 female)

4 Nov 14 KawtKaDar Shop at KawtKaDar Village 6(2 female)

4 Nov 14 TharYarKone Shop at TharYarKone Village 5 2 Female)

5 Nov 14 WaeKaYin Shop at WaeKaYin 8 (1 Female)

5 Nov 14 DuRein Shop at Durein Village, Shop at PhaYarKone Village

15 (1 Female)

5 Nov 14 YoeMaHar KawHouse at YoeMaHar VillagetKaDar Administrative Office

19 (3 Female)

9 Nov 14 KyoneDoe KyoneDoe Administrative Office 15 (7 Female)

9 Nov 14 NwarChanKone Shop at NwarChanKone 10 (3 female)

9 Nov 14 TaDaKyoe Shop at TadaKyoe 8 (2 Female)

Total Post-IOL 150

Summary of Issues Raised by APs during Consultation Meetings

Calculation of compensation rates Compensation rates will be based on the results of a replacement cost study which will be conducted by an independent appraiser prior to the updating of the RP. Compensation rates will be presented to APs prior to finalization of the updated RP.

Rainy Season Many of those affected by acquisition of rubber plantations wanted compensation to be paid before rainy season. Currently it is expected that compensation would be disbursed in Q1 2016 prior to rainy season.

Compensation of Rubber Trees Several meetings with affected persons following the IOL stated that rubber trees vary in production and value depending on the year. The RP requires that the RCS take account of age and

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Summary of Issues Raised by APs during Consultation Meetings

productive capacity of trees.

Cutting down Trees Some APs asked if they cut down the trees now would they receive compensation later. It was stated that it would be better to not disturb the trees now in light of pending valuation and until the GRM is established.

Continuing Small Businesses and Shops Prior to Construction

As the project is in the preparatory phase, some small business and commercial shops wanted to know if they could continue operation. They were advised to continue with their business until proper notice is given about the construction timetable.

Role of GRM in Dispute Handling The meetings discussed the future GRG and how disputes maybe settled. There is now a good idea about the role, functions and possible final membership of the GRG. The village structure will be represented in the Grievance Redress Mechanism (GRM) and this is particularly relevant as they have a local dispute mechanism for settling land disputes with Department of Lands playing the main role.

AH = affected household; GRM = grievance redress mechanism; IOL = inventory of loss; RP = resettlement plan.

C. Disclosure of RP

The consultation meetings with AHs during the preparation of the RP presented key 63.information regarding the project, project impacts, entitlements, GRM, and arrangements for preparing and disclosing the RP. The PIB was disseminated to AHs in May 2015. The PIB provides a summary of key information about the project, entitlements, grievance redress and implementation arrangements. The approved RP will be publically disclosed on ADB’s website and a translated version in the language of Myanmar will be disseminated in local village and Government offices for public access. D. Public Information, Consultation, and Disclosure Activities for Updated RP

Following Project approval and prior to implementation, the RP will be updated and 64.finalized. The Updated RP will similarly be made available at publicly accessible places and disclosed on ADB’s website. Details regarding losses will be disclosed in writing to individual APs in their respective villages. When agreements are made and signed, APs will be provided a copy of the final signed documents for their records.

The PIB was provided to APs in May 2015. The PIB will be revised and updated during 65.updating of RP and provide more details relevant to APs including the final entitlement matrix.

After formal approval of the updated RP, it will be translated and made available at 66.publicly accessible places. Details regarding losses of individual APs will be publicized in their respective villages by information sheets and/or posters. When agreements are made and signed, APs will be provided a copy of the final signed documents for their records. Table 30 summarizes the roles and responsibilities of the executing agency, the local governments, and ADB in the implementation of disclosure and consultation activities during RP updating and implementation.

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Table 30: Roles and Responsibilities for Disclosure, Consultation and Participation

Issue Target

Audience Means of

Communication Responsible Timing

Disclosure of draft updated RP and entitlements

AHs Other stakeholders such as CSOs

Public consultation meetings Posting the compensation and support plan in village public areas. This plan covers all project entitlements for APs.

MOC, Administration Offices, Village Leaders.

Upon finalization of the Entitlement Matrix and updating of the compensation rates

AHs Distribution of an updated PIB to APs at the Information Meeting to disclose the Draft Updated RP.

Administration Offices, Village Leaders, PSC

Upon completion of the detailed measurement survey and finalization of the Entitlement Matrix

Disclosure of updated RP

AHs; Communities in project areas Other stakeholders such as CSOs

PIB, translated RP publicly accessible in local People’s Committee Office, uploaded on ADB website

- MOC, Administration Offices, Village Leaders, with support of PSC

- PIB disseminated by local villages

- ADB for uploading

Upon final approval of updated RP

Implementation schedule of RP and civil works

AHs Public consultation meetings

MOC Ongoing prior to implementation and upon significant change in implementation schedule.

Compensation disbursement schedule

AHs Notices to individual HHs

Administration Offices, Village Leaders

Minimum 1 week prior to disbursement

Relocation arrangements

HH required to relocate

Group discussions and individual consultations as needed

Administration Offices, Village Leaders

Commencing upon final approval of updated RP until resettlement satisfactorily completed.

Disclosure of periodic External Resettlement Monitoring Reports

Public, local authorities, mass organizations

Uploaded on ADB website Translated versions made available at District People’s Committee offices for public access upon request

ADB PMU

Upon submission of periodic monitoring reports

Disclosure of periodic Public Uploaded on ADB ADB Upon submission of

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Issue Target

Audience Means of

Communication Responsible Timing

Internal Monitoring Reports

website periodic monitoring reports by PMU

Other Social Impact Issues

Implementation schedule, restricted access, disruptions, hazards, opportunities for project work, road safety, HIV/AIDS and trafficking.

Communities in the project area

Public information meetings, IEC materials, public announcements in local communities

PMU, local authorities, PSC, contractors

Ongoing during implementation

ADB = Asian Development Bank; AH = affected household; CSOs = civil society organizations; HH = household; IEC = information, education, and communication; MOC = Ministry of Construction; PIB = project information brochure; PMU = project management unit; PSC = project supervision consultant; RP = resettlement plan.

.

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V. GRIEVANCE REDRESS MECHANISM A. Objectives

The overall purpose of the GRM will be to reduce risk for the project, offer communities 67.an effective avenue for expressing concerns and achieving solutions which will promote a constructive relationship between the government, project and communities.

Specifically, the Project Grievance Redress Mechanism (GRM) will be established to 68.

allow APs to appeal any disagreeable decision, practice, or activity arising from the implementation of the GMS EWEC Eindu to Kawkareik Road Improvement Project. APs will be fully informed of their rights and of the procedures for addressing complaints, whether verbally or in writing, during consultation, survey, time of compensation, and implementation of the project. Care will always be taken to prevent grievances rather than going through a long redress process. B. Design of the GRM

The design of the GRM should enable a mechanism that provides: 69.

a predictable, transparent, and credible process to all parties, resulting in outcomes that are seen as fair, effective, and lasting;

builds trust as an integral component of broader community relations activities; and

enables more systematic identification of issues or problems, facilitating corrective action and preemptive engagement.

The design process will involve all project stakeholders to outline the purpose, goals, 70.

scope, resolution approaches, structure, and specifics about how the grievance mechanism will function. This preliminary plan will be tested and refined through consultation with the project and community members.

The project GRM will take into account several elements but not limited to: 71.

A transparent grievance receipt and registration system to provide ways for community members to register complaints and confirm they have been received;

Grievance eligibility assessment to determine if the issues raised in the complaint fall within the mandate of the grievance mechanism and if the complainants are legitimate;

Grievance evaluation to clarify concerns raised in the complaint, to gather information on the situation, and to identify how the issues might be resolved;

Several choices for solving problems, with or without the assistance of independent, third parties such as: – Internal decision-making processes, whereby issues are handled by

designated officials, using set criteria to develop a response to the grievance and to allow for an appeals process

– Joint problem solving, in which the project and the complainant engage in direct dialogue

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– Third-party decision making to offer a solution when a voluntary agreement is not possible

Grievance tracking (including maintenance of records of grievances – both written and oral), monitoring, and reporting to the community; and

Community feedback and information sharing to strengthen grievance resolution processes.

The project will adhere to designing a mechanism which is user friendly and attempt to 72.

resolve problems as indicated in the structure below;

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Grievance Redress Process

The precise structure and procedures for the GRM will be finalized during the updating 73.

of the RP in consultation with relevant stakeholders.

Below is one possible structure and operation arrangements. 74.

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1. Grievance Redress Group

The Grievance Redress Group (GRG) will be established for the duration of project 75.implementation. The GRG is tasked with all activities needed to discuss a grievance, assess its validity, assess the scope of eventual impacts, decide eventual compensation needed, and instruct and/or facilitate the functioning of the GRM.

2. Functioning of the GRG

The GRM involves the following stages of appeals: 76.(i) Stage 1, Local (Village) Level: The grievances will be first lodged at the level of

the complainant’s village community. The complainant will report his or her case to the Local Point of Contact (LPC) The LPC will trigger the action of the GRG which will assess the situation and seek a solution through consultation with complainants, local village leader, and lands official.

(ii) Stage 2, District Level: Within 15 days, the complainant can go to the District Level. The complainant will report his or her case. This will trigger the action the District Grievance Committee.

(iii) Stage 3 Land Committee at Central Level: A central committee has been established by Government, however, it is formal and it is envisaged that the complaints will be resolved at District Level. It has, however, been listed on the GRM process as it is now a Land Committee established by Parliament. Lands issues, compensation, and complaints are being addressed at this central committee. The LPC from District Committee will inform the Land Committee at Central level if there are issues that require attention.

GRM proceedings will entail one or more meetings for each complaint and may require 77.field investigations by specific technical or valuation experts. Grievance cases shared by more than one complainant may be held together as a single case.

For deliberations at the local level, the meetings will be held in the village of the 78.complainant. For appeals at district level, they will be held at the Lands Office as they remain the most familiar with settling disputes in both project affected districts.

3. Composition of the GRG

Local GRGs will be established at those villages affected by land acquisition. They are 79.also needed to process compensation payments (a committee of three has been suggested by the Lands Department) as most of the APs do not have bank accounts. Table 31 shows the proposed membership of the GRG.

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Table 31: Proposed Composition of Village GRGs Members Position

Village Leader LPC Lands Officer Member Two APs – one female, one male Member Ministry of Construction Staff Assigned Member Construction Supervision Resettlement Consultant Member AP = affected person; LPC = local point of contact.

The composition of the District GRG is in Table 32. 80.

AP representatives from the affected community will participate in all GRG meetings and 81.

will: (v) participate to all grievance redress meeting; (vi) provide relevant information related to the submitted complaints; and (vii) provide other GRG members as relevant with a position note to be reflected in

the final meeting report.

Table 32: Proposed Composition of District GRGs Members Position

District Administrative Officer LPC Lands Officer Member APs – one female, one male Member Ministry of Construction Staff Assigned Member Representative of Civil Society Organization Member Village Leaders (1– 2) Member Technical specialists such as appraiser Observer AP = affected person; LPC = local point of contact.

4. Duties of LPC and GRG Members

Once the LPC receives written notification of a complaint he or she will: 82.

(viii) draft a complaint memo to be signed by the complainant and the LPC indicating name of complainant, date and place of presentation of complaint, description of complaint and supporting documents, if any;

(ix) for such simple complaints like notification of when construction starts or a copy of the entitlement brochure, this should/could be handled at the local level;

(x) send the complaint memo to all members of the local level GRG, summon them for a GRG meeting and establish the date of the first and (if needed following) grievance redress meetings;

(xi) request village authorities to organize the meeting(s) (xii) chair the GRG meetings; (xiii) convey requests and enquiries of the complainants to MOC and to the other

members of the GRG at village level as appropriate; (xiv) maintain records of each meeting and each communication between him/her and

the complainants; (xv) participate as a witness to appeal cases at all levels; (xvi) ensure the administrative and organizational support for GRG members to work;

and (xvii) disseminate the information on the GRM across the local communities

concerned.

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5. Grievance Resolution Process

The LPC of GRGs will be regularly available and accessible for APs to address concerns 83.and grievances. He or she will assist the aggrieved APs in formally lodging their claims to the GRG. The complaints and grievances from the APs will be addressed through the process shown in Table 33.

Table 33: Grievance Resolution Process Steps Action level Process Timeline

Step 1 Resolution At initial stage, the LPC will give hearing to the aggrieved person and try to give acceptable solutions. If any aggrieved AP is not satisfied with the solutions, then the aggrieved AP will lodge grievances in writing to the concerned local GRG within 3 days.

3 days

Step 2 GRG Resolution

After receiving written complaints of AP, the LPC will review and prepare a Case File for GRG hearing and resolution. A formal hearing will be held with the GRG at a date fixed by the LPC in consultation and the aggrieved APs. On the date of hearing, the aggrieved AP will appear before the GRG at the office and produce proof in support of his/her claim. The LPC will note down the statements of the complainant and document all proof. The decisions from majority of the members will be considered final from the GRG and will be issued by the LPC and signed by other members of the GRG. The case record will be updated and the decision will be communicated to the complainant AP by the LPC within 15 days of submission. If any aggrieved AP is not satisfied with the solutions, then the LPC will lodge grievances in writing to the District GRG at MOC with conclusion and supporting documents prepared at local level.

15 days

Step 3 Resolution of District GRG

After receiving written complaints of AP, the GRG Chairperson of the central GRG will review and prepare a Case File for GRG hearing and resolution. A formal hearing will be held with the GRG at a date fixed by the GRG Chairperson and the aggrieved APs. GRG members will contact the complainant and visit the village. The decisions from majority of the members will be considered final from the GRG and will be issued by the GRG Chairperson and signed by other members of the GRG. The case record will be updated and the decision will be communicated to the complainant AP by the LPC within 15 days of submission.

15 days

AP = affected person; GRG = grievance redress group; LPC = local point of contact; MOC = Ministry of Construction;

The GRM will not restrict or influence the AP from applying to court for legal remedies or 84.

ADB accountability mechanism.2

2 www.adb.org/site/accountability-mechanism/main

http://www.adb.org/site/accountability-mechanism/main

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VI. LEGAL FRAMEWORK A. Asian Development Bank Policy

The ADB Safeguard Policy Statement (2009) consolidates three existing safeguard 85.policies: Involuntary Resettlement (IR); Indigenous Peoples (IPs); and Environment.

The objectives of the IR policy are: 86.(i) to avoid involuntary resettlement, wherever possible; (ii) to minimize involuntary resettlement by exploring Project and design alternatives; (iii) to enhance, or at least restore, the livelihoods of all displaced persons in real

terms, relative to pre–Project levels; and (iv) to improve the standards of living of the displaced poor and other vulnerable

groups.

IR covers physical displacement (i.e. relocation, loss of residential land, or loss of 87.shelter) and economic displacement (i.e. loss of land, assets, access to assets, income sources, or means of livelihoods), as a result of either (i) involuntary acquisition of land; or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas – regardless of whether such losses and involuntary restrictions are full or partial, permanent or temporary.

Projects financed by ADB, including associated facilities that are financed by the 88.

Government or other sources, are expected to observe the following policy principles: (i) early screening to identify IR impacts and risks, and determine the scope of

resettlement planning through a survey and/or census of displaced persons, including a gender analysis specifically related to resettlement impacts and risks;

(ii) carry out meaningful consultations with displaced persons, host communities, and concerned non-government organizations;

(iii) inform all displaced persons of their entitlements and resettlement options and ensure their participation in various stages of the Project, especially the vulnerable and poor groups;

(iv) establish a GRM to receive and facilitate resolution of the displaced persons’ concerns;

(v) support the social and cultural institutions of displaced persons and their host population;

(vi) improve, or at least restore, the livelihoods of all displaced persons through: (a) land-based resettlement strategies when affected livelihoods are land-

based, wherever possible; or cash compensation and/or assistance at replacement value for land when the loss of land does not undermine livelihoods;

(b) prompt replacement of assets with access to assets of equal or higher value;

(c) prompt compensation and/or assistance at full replacement cost for assets that cannot be restored; and

(d) additional revenues and services through benefit sharing schemes, where possible;

(vii) provide physically and economically displaced persons with needed assistance, including the following: (a) if there is relocation, secure tenure to relocation land, better housing at

resettlement sites with comparable access to employment and production

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opportunities, economic and social integration of resettled persons into their host communities, and extension of Project benefits to host communities;

(b) transitional support and development assistance, such as land development, credit facilities, training, or employment opportunities; and

(c) civic infrastructure and community services, as required; (viii) improve the standards of living of the displaced poor and other vulnerable

groups, including female heads of HHs to, at least, the national minimum standards;

(ix) develop procedures in a transparent, consistent, and equitable manner, if land acquisition is through negotiated settlement, to ensure that those people who enter into negotiated settlements will maintain the same or better incomes and livelihood status;

(x) ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of non-land assets;

(xi) prepare an RP elaborating on displaced persons’ entitlements, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time-bound implementation schedule;

(xii) disclose both the draft and final RP in a form and language understandable to displaced persons and other stakeholders;

(xiii) conceive and execute IR as part of a development Project or program. Include the full costs of resettlement in the presentation of Project’s costs and benefits;

(xiv) for a Project with significant IR impacts, consider implementing the IR component of the Project as a stand-alone operation;

(xv) pay compensation, and provide other resettlement entitlements, before physical or economic displacement. Implement the RP under close supervision throughout Project implementation; and

(xvi) monitor and assess resettlement outcomes, their impacts on the standards of living of displaced persons, and whether the objectives of the RP have been achieved by taking into account the baseline conditions and the results of resettlement monitoring.

Calculation of full replacement cost will be based on the following elements: 89.

(i) fair current market value at the time of compensation; (ii) transaction costs; (iii) interest accrued; (iv) transitional and restoration costs; and (v) other applicable payments, if any.

In the calculation, depreciation of structures will not be taken into account. It is expected 90.

that qualified and experienced experts will undertake the valuation of acquired assets.

Persons or HHs without formal legal rights nor recognized or recognizable claims to the 91.acquired land are still entitled to be compensated for their loss of assets other than land, such as dwellings or other improvements on the land at full replacement cost, provided that they have occupied and/or used the land or structures in the affected land prior to the cut-off date. B. Myanmar Government Regulations on Resettlement

Myanmar does not have a written policy on land use and tenure. Myanmar’s laws dictate 92.

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that all land belongs to the state. The body of law governing land is expansive and some laws date back to the British colonial period.

Myanmar’s constitution was adopted in 2008 and came into force in 2010. While it 93.requires all other laws, rules, regulations, and policies to comply with its provisions, it also established a republic in which states, regions, divisions, and zones have authority to enact their own laws so long as they do not conflict directly with the constitution or national laws, rules and regulations.

The Land Acquisition Act (1894) provides the basis for the state to acquire land for 94.public and other purposes. Its provisions address required notice; procedures for objecting to acquisition; land valuation methods; the process for taking possession of land; the process for appeals; and rules for the temporary occupation of land (UOB Land Acquisition Act 1894; Displacement Solutions 2012).

Parliament adopted the Farmland Law in March 2012. The law defines rights and 95.responsibilities relating to tenure and establishes a hierarchy of management over farmlands (Displacement Solutions 2012). The Farmland Law affirms that the state is the ultimate owner of all land and creates a private-use right that includes the right to sell, exchange, inherit, donate, lease, and “pawn” farmland. It also establishes a system of registered land-use certificates (LUC). Although this law provides that Farmland Management Bodies are to issue LUCs to farmers and that Land Records Departments are responsible for registering land rights and collecting related fees, mechanisms for realizing this scheme are not yet in place. The law (i) does not describe the process farmers should use to apply for LUCs and register their rights; (ii) provides only a very basic description of the government entities involved in the process; and (iii) leaves the details of implementation for the executive branch of government to define.

The Vacant, Fallow, and Virgin Lands Management Law of 2012 (VFV Law) governs the 96.allocation and use of virgin land (i.e., land that has never before been cultivated) and vacant or fallow land (which the law characterizes as for any reason “abandoned” by a tenant). As described further below, the law establishes the Central Committee for the Management of Vacant, Fallow and Virgin Lands (CCVFV), which is responsible for granting and rescinding use rights for such lands. The VFV Law also lays out: (i) the purposes for which the committee may grant use rights; (ii) conditions that land users must observe to maintain their use rights; and (iii) restrictions relating to duration and size of holdings (Htun 2012; Oberndorf 2012).

All private tenure rights are essentially usufruct, meaning that individuals and other 97.entities may use land but cannot own it, and tenure rights vary depending on the type of land involved (UOB Constitution 2008a). At least 12 categories, some of which have changed, existed as of 2009: freehold land, grant land, agricultural land, garden land, grazing land, culturable land, fallow land and waste land, forest land (discussed later in this profile), town land, village land, cantonment land and monastery land (UN– Habitat n.d.).

Some relevant issues are shown in Table 34. Each of these issues is present in the 98.proposed project. The table explains ADB policy, the National Policy, and what the project proposes to meet the gap.

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Table 34: Gap Analysis and Gap Filling Measures

Issues ADB Policy National Policy GAP Measure

Severely impacted APs losing productive land

The IR impacts of an ADB-supported Project are considered significant if 200 or more persons will experience major impacts, which are defined as (i) being physically displaced from housing, or (ii) losing 10% or more of their productive assets (income generating).

None Losing 10% or more of the HH’s productive assets shall be considered as threshold.

Differences between compensation rates and market rates

Provide physically and economically APs with needed assistance including: (i) if there is relocation, secured tenure to relocation land, better housing at resettlement sites with comparable access to employment and production opportunities, integration of APs economically and socially into host communities, (ii) transitional support and development assistance such as land development, credit facilities, training or employment opportunities, and, (iii) civil infrastructure as required.

None Budget has accounted for transitional support, replacement cost and vulnerable allowances. The executing agency will engage a qualified appraiser to conduct an RCS

Compensation for lost land

Land-based livelihoods restoration based upon land based strategies where possible, or cash compensation at replacement value provided loss of land does not undermine livelihoods for those with legal rights to land. Provide adequate and appropriate replacement land. If land not available non-land based options built around opportunities for employment, self-employment should be provided in addition to cash compensation for land and non-land assets lost.

None Where appropriate land-based compensation is not viable, RCS have been carried to ensure that Project rates for all categories of loss will be equivalent to replacement cost at current market value, to be updated at the time of compensation and combined with other assistance and livelihood restoration measures to ensure full restoration and improvements. Provided AP has legal or recognizable claim, compensation is for full amount of land acquired.

Monitoring Monitoring indicators specified for internal and external monitoring and reporting

None The executing agency will appoint an independent external monitor and undertake internal monitoring according to the significant indicators.

ADB = Asian Development Bank; AP = affected person; HH = household; IR = involuntary resettlement; RCS = resettlement cost survey.

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C. Project Principles

The Project principles on resettlement policy are as follows: 99.(i) involuntary resettlement and impacts on land, structures and other fixed assets

will be avoided or minimized, where possible, by exploring all alternative options; (ii) compensation and assistance will be based on the principle of replacement cost

at the time of implementation; (iii) SAH is considered as such when they stand to lose 10% or more of their HH’s

assets and shall be considered as threshold; (iv) displaced persons without title or any recognizable legal rights to land are eligible

for compensation for non-land assets at replacement cost; (v) residential land and agricultural land (where available) for replacement should be

close to the previous places as much as possible, and suitable to the displaced persons;

(vi) meaningful consultations will be carried out with the displaced persons and concerned groups to ensure participation from planning up to implementation. The comments and suggestions of the APs and communities will be taken into account;

(vii) RP will be disclosed to APs in a form and language(s) understandable to them prior to submission to ADB;

(viii) resettlement identification, planning and management will ensure that gender concerns are incorporated.

(ix) special measures will be incorporated in the RP to protect socially and economically vulnerable groups, such as: HHs headed by women, children, disabled, the elderly, landless; and people living below the generally accepted poverty line;

(x) existing cultural and religious practices will be respected and preserved, to the maximum extent practical;

(xi) culturally appropriate and gender-sensitive social impact assessment and monitoring will be carried out in various stages of the Project;

(xii) resettlement transition stage should be minimized; (xiii) restoration measures will be provided to displaced persons before the expected

starting date of construction in the specific location; (xiv) budget for payment of compensation, assistance, and resettlement and support

will be prepared sufficiently and made available during Project implementation and by the provinces; and

(xv) reporting and independent monitoring should be defined clearly as part of the management system of resettlement.

Issuance of the “Notice to Proceed” to contractors for any given section cannot proceed 100.until the MOC officially confirms in writing, stating that:

(i) payment has been fully disbursed to the displaced persons and rehabilitation measures are in place;

(ii) already compensated and/or assisted displaced persons have cleared the area in a timely manner; and

(iii) the area is free from any encumbrances.

Cut–off date is the date of completing IOL for which land and/or assets affected by the 101.Project were inventoried during the project preparation period.

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VII. ENTITLEMENTS, ASSISTANCE AND BENEFITS A. Eligibility

Eligibility will be determined with regard to the cut-off date, which is taken to be the date 102.of completing the IOL for which land and/or assets affected by the Projects are measured. The APs have been informed of the cut-off date for each Project component, and any people who settle in the Project area after the cut-off date will not be entitled to compensation and/or assistance.. Land paperwork was verified together with a Lands Officer.

In addition, legal rights to the land concerned determine the extent of eligibility for 103.compensation with regard to land.

There are three types of APs, namely: 104.(i) persons with formal legal rights to land lost in its entirety or in part; (ii) persons who lost the land they occupy in its entirety or in part who have no formal

legal rights to such land, but who have claims to such lands that are recognized or

recognizable under national laws; and (iii) persons who lost the land they occupy in its entirety or in part who have neither

formal legal rights nor recognized or recognizable claims to such land.

APs included under (i) and (ii) above shall be compensated for the affected lands and 105.assets upon land.

APs included under (iii) shall not be compensated for the affected land, but for the 106.affected assets upon land and are entitled to assistance, if they have to relocate.

People who move into the Project area after the Project cut-off date are not entitled to 107.compensation or any other form of resettlement assistance, except people who have been miscounted in the IOL or affected during Project construction. Likewise, occupiers who engage in new construction will receive no compensation for these if they are built after the cut-off date, except where they involve routine maintenance and repairs or affected during Project construction. They will be given sufficient advance notice, and requested to vacate premises and dismantle affected structures prior to Project implementation. However, their dismantled structures will not be confiscated and they will not have to pay any fine or sanction. Forced eviction will only be considered after all other efforts have been exhausted.

The cut-off date for eligibility is the date of the completion of the IOL survey which is 18 108.September 2014. This was told to each AP verbally and in writing, as well as publicly announced in the affected areas. B. Entitlements

The overall objective of the compensation and entitlement policy for the EWEC Road 109.Project is to ensure that all people affected by the Project receive compensation at full replacement cost and resettlement assistance. The calculation of full replacement cost will be based on the following elements: (i) fair market value; (ii) transaction costs; (iii) interest accrued, (iv) transitional and restoration costs; and (v) other applicable payments, if any. Depreciation of structures and assets will not be taken into account. Qualified and experienced experts will undertake the valuation of acquired assets in the form of a replacement cost study (RCS). The appraiser will also collect baseline data on housing, house types, and construction materials

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and consult with the displaced persons and host populations to obtain adequate information about recent land transactions, land value by types, land titles, land use, cropping patterns and crop production, availability of land in the project area and region, and other related information.

The compensation strategy for entitlements is based on the type of impact. This could be 110.major impacts such as relocating a house or minor impacts such as moving a kiosk back. The valuation of a house or a shop is based on the RCS for major impacts.

The unit rates or amount for allowances indicated in the entitlement matrix can be 111.adjusted during the RP updating to reflect the actual situation at the time of implementation. However, the standards cannot be lower than the provisions in the Entitlement Matrix.

Table 35 shows the Entitlement Matrix to be applied in implementing the RP. It 112.incorporates the actual findings of the assets and impacts found on the ground.


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Table 35: Entitlement Matrix Impact Type Application Entitled Person RP Entitlements Implementation Issues

1. Loss of land: residential, agricultural and garden land

Permanent loss of land.

Eligible landowner/ occupant

Cash compensation at market rate or compensation through “land for land” mechanism at APs preference and if available in the area.

APs have chosen cash for land lost. Replacement land for affected agricultural land not available in project areas.

2. Buildings (houses, structures)

2.1 House or shop structure partially affected

Owner of structure whether with land title or not, and whether the structure was built with permit or not

Cash compensation at replacement cost for materials, labor, transport or materials. Compensation will be without depreciation or deduction for salvaged materials. or Where structure can be moved: Cash and/or in-kind assistance to move and repair affected structure. Households whose land is fully affected and have insufficient remaining land on which to rebuild and have no alternative land will be provided with appropriate assistance either in the form of suitable land on which to rebuild or cash assistance to enable them to purchase replacement land. For partially affected main structures: In addition to compensation for affected part of the structures, entitled to allowance to repair remaining portion of structure.

Valuation cost determined by an Independent Valuator. Households who have remaining land that they occupy within the ROW and opt to move/rebuild their house on to such land with permission of relevant authorities will be provided written guarantee of security of tenure. Otherwise, such households will be entitled to relocation assistance as per those having no remaining land. Level and types of relocation assistance to be provided to landless relocating HHs to be determined by State and District authorities in consultation with MOC and AHs during updating of RP.

2.2 House or shop structure fully affected

3. Secondary structures: kiosks,

3.1 Permanent or partial loss

AP who is the recognized owner,

(i) Compensation in cash or materials at full replacement

Moving cost will be in line with Maubin project at


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Impact Type Application Entitled Person RP Entitlements Implementation Issues

fences, etc. whether with land title or not, and whether the structure was built with permit or not

cost at current market value, with no deduction in compensation for depreciation or salvageable materials

(ii) If removal is required, for movable structures, assessment or ability to move the undismantled structure. Assistance will be provided to cover the replacement costs of site preparation, dismantling, moving and rebuilding the structure

range of MMK10,000– MMK40,000.

3.2 Temporary during construction

If the land is disturbed, it will be restored within 1 month.

4. Annual crops Owner of crops APs will be given 4 months’ notice to pick rice prior to clearance. For crops that cannot be harvested, APs will be awarded the full market value of production lost. Cash assistance equivalent to 6 years value of paddy in areas which APs can no longer cultivate.

JICA under MOC has provided 6 years of payment for rice paddies and this is replicated in this project.

Other possible forms of assistance, if needed, in consultation with government authorities and households during updating of the RP to support restoration of livelihoods.

5. Perennial crops and trees

(i) Rubber, timber and fruit trees

(ii) Private shade trees

(i) Owners of crops or trees

(ii) Owner of trees

(i) Cash compensation at market price for loss of crops/fruits calculated as number of years needed to bear fruit.

(ii) Replacement of saplings up to a factor of 15 new to one old tree included in the compensation. Wood value

Other possible forms of assistance, if needed, in consultation with government authorities and households during updating of the RP to support restoration of


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considered for applicable trees.

livelihoods.

6. Moving allowance House or shop structure fully affected

Owner

For fully affected main structures: Moving allowance which is equivalent to labor and transportation will be provided based on the type of affected structure.

Moving allowance for each AH has been estimated to cover labor, transportation, and business disruption (if applicable), as between MMK100,000 to MMK200,000 per AH.

7..1 Business losses allowance

Shop or other business Business Owner

Cash allowance equivalent to 1 month income in project areas.

The allowance may be extended monthly for the transitional period up to 6 months in cases where the business needs to relocate to another location.

7.2 Loss of employment

Employees of affected businesses

Employees experiencing temporary or permanent loss of employment due to disruption to affected business employing them.

Cash allowance equivalent to 1 month income in project areas.

Employees having had worked in the affected business for a minimum continuing period of 6 months up to the time of business diruption. Employess with employment demonstrated by employment contract or certification from village leader. The allowance may be extended monthly for the transition period up to 6 months in cases where the business needs to relocate to another location or until the affected person finds alternative employment, whichever period is shorter.


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8. Severe Impacts Allowance

AP suffering >10% income losses; APs with totally affected house structure

1 month allowance based on minimum subsistence allowance

MMK1,183 per day or monthly MMK 35,490 based on poverty rate of $1.25 per day per person.

9. Vulnerable people allowance

AH below poverty line or headed by woman/ disabled

3 months allowance based on minimum subsidence level.

10. Bonus for moving out of the right way

Fully affected shop or other business

Owner relocated outside the ROW

Lump sum bonus Lump sum bonus amount to be determined during RP updating

11. Temporary impacts during construction

Temporary acquisition or easement during construction or for camp/ storage, etc.

Eligible landowner/ occupant

Monthly cash compensation to cover income opportunity lost and restoration of land (leveling, drainage, fertilizer etc.) Land to be fully restored within 1 months of return to owner.

Project is responsible within 1 month for land restoration after construction

AH = affected household; AP = affected person; JICA = Japan International Cooperation Agency; MMK = Myanmar Kyat; MOC = Ministry of Construction; RP = resettlement plan; ROW = right of way.

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VIII. RELOCATION OF HOUSING AND SETTLEMENTS

There are 13 HHs with fully affected houses. All affected houses identified in the IOL are 113.located in the existing ROW. It was assessed during the IOL that 9 can relocate on remaining land by either physically moving or rebuilding their house. There are 4 HHs provisionally assessed as having insufficient remaining land and are required to resettle to another site.

Table 36 provides a summary of housing that will be lost due to land acquisition. 114.

Table 36: Affected Households Losing Houses

District

Male headed HH Female headed HH

Entirely Partial Entirely Partial

Hpa-an 7 6 1 2 Kawkareik 4 2 1 -

Total 11 8 2 2 HH = household.

Assistance to be provided to HHs whose house structures are totally affected include the 115.

following: (i) compensation for affected structure at replacement value if the house cannot be

moved. If the house can be moved, then assistance will be in the form of cash and/or in-kind assistance sufficient to move, reinstall and repair affected structure;

(ii) moving transport allowance sufficient to transport all household items to replacement house;

(iii) severe impacts allowance equivalent to one month subsistence living allowance to offset loss of time to move; and

(iv) HHs whose land is fully affected and have insufficient remaining land on which to rebuild and have no alternative land will be provided with appropriate assistance either in the form of suitable land on which to rebuild or cash assistance to enable them to purchase replacement land. Level and types of relocation assistance to be provided to landless relocating HHs will be determined by State and District authorities in consultation with MOC and AHs during updating of RP.

Relocation preferences of APs were ascertained during the IOL and are presented in 116.

Table 37. Of the two fully affected female-headed households, one preferred to move/rebuild on remaining land and the other preferred to rebuild on land allocated by the village.

Table 37: Preferences of Affected Persons for House Relocation

District

Sufficient Remaining

Land to Rebuild

Relocate to Other Land I

Own

Relocate to a New Land I

Choose

Relocate to Individual Site Allocated by

village Un-

decided

Hpa-an 9 1 1

Kawkareik 2

Total 9 - 1 3 -

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IX. INCOME RESTORATION AND REHABILITATION

Impacts on livelihoods are associated with the loss of productive farming land (for annual 117.cropping and perennial trees) and impacts on small-scale shops/kiosks/businesses.

There are 34 HHs who will lose ownership of more than 10% of their productive land due 118.to land acquisition for the new ROW at the realignment sections. It is expected that land use will only change for areas close to the new road and that pre-project farming practices would continue for most of the acquired land further away from the road. The areas where land use will change will be confirmed during updating of the RP. A detailed assessment of needs and preferences for income restoration will be conducted during the updating of the RP when the extent of land-use change in the new realignment sections is confirmed. Such assistance may include training in small-business development or agricultural extension for intensified farming. This will be assessed in consultation with local government agencies and affected households.

Income restoration assistance for AHs losing productive land include: 119.(i) compensation for acquired land at full replacement value; (ii) compensation for affected crops/trees at full replacement value; (iii) severe impacts allowance equivalent to one month subsistence living allowance;

and (iv) cash assistance equivalent to the value of 6 years paddy that could be grown on

paddy land of same area for areas which farming is no longer permitted. (v) other possible forms of assistance, if needed, in consultation with government

authorities and households during updating of the RP.

There are 63 HHs whose place of business (shops and kiosks) will be fully affected. 120.Most of these are expected to be able to move back on remaining land and continue operation after a period of disruption. The number of those who cannot relocate on remaining land will be confirmed during the updating of the RP.

Income restoration assistance for affected shops/kiosks provided under the RP includes: 121.(i) compensation for affected shops at replacement value if the shop cannot be

moved. For shops/kiosks which can be moved, assistance will be in the form of cash and/or in-kind assistance sufficient to move, reinstall and repair affected structure;

(ii) moving transport allowance sufficient to transport all shop items to replacement shop;

(iii) severe impacts allowance equivalent to one month subsistence living allowance to offset loss of time to move for affected shops; and

(iv) HHs whose shops cannot be rebuilt on remaining land and have no suitable alternative land will be provided with subsistence living allowances for a period of 6 months to offset their time and lost income while identifying alternative location at which to continue their business.

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X. RESETTLEMENT BUDGET AND FINANCING PLAN

The estimated budget to implement the resettlement plan is MMK 577,480,692 (approx. 122.$534,704). This is based on quantities of impacts derived from the resettlement surveys, entitlements for compensation, and assistance as set out in the RP Entitlement Matrix and results of the RCS undertaken during the preparation of the RP.

The funds for the resettlement budget are to be financed by the Government of The 123.Republic of The Union of Myanmar.

During updating of the RP, an RCS will be undertaken by a qualified appraiser engaged 124.by MOC to update the unit compensation rates in detail to ensure that compensation rates are equivalent to replacement costs at time of compensation. The updated RCS will have a validity period of one year. Assistance rates applied will also be reviewed during updating of the RP and upgraded as needed to ensure that the objectives of the RP are met. (A draft terms of reference for the conduct of the RCS is attached as an appendix to the RP.) A. Basis for Compensation Standards

The most important aspect to the composition is the methodology used is for 125.Replacement Cost of the Land (mainly rice paddy) and trees especially rubber trees. Valuation of such assets is relatively new to Myanmar and the IOL and TA Team worked closely with lands officials, Ministry of Agriculture and reviewed market prices for commodities.

Public/Government/State plots have also been included in the IOL, however, they have 126.not been included in the RCS as compensation is only paid out to AHs. Please refer to the RCS for additional details on the type of land and inventory for government plots.

Administration costs for relevant Government authorities to implement the resettlement 127.plan are to be sourced from the project budget.

The estimated resettlement budget is shown in Table 38. 128.

Table 38: Estimated Resettlement Budget

Item HHs Unit Quantity Average

Rate Total MMK

1.1 Compensation for Residential Land

19 m2 8,718 2,471 21,542,178

1.2 Compensation for Agricultural Land

8 m2 19,528 1,977 38,606,856

1.3 Compensation for Garden Land

26 m2 113,324 1,977 224,041,548

2.1 Compensation for partially affected main structures (house, house-cum-shop, stand-alone shop)

23 m2 415 46,112 19,136,480

2.2 Compensation for fully affected main structures (house, house-cum-shop, stand-alone shop)

47 m2 2,369 46,112 109,239,328

3.1 Compensation for secondary structures

22 instances 189 various 4,412,329

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Item HHs Unit Quantity Average

Rate Total MMK

3.2 Compensation for kiosks 26 unit 26 7,000 182,000

4. Compensation for annual crops

8 m2 19,528 89 1,737,992

5. Compensation for perennial crops and trees

trees 3,817 2,600 9,924,200

6. Moving allowance (HHs with fully affected houses/shops)

47 HH 47 150,000 7,050,000

7. Business losses allowance 43 HH 43 177,450 7,630,350

8. Severe Impacts Allowance (HHs with fully affected houses and those losing >10% of productive land)

47 HH 47 177,450 8,340,150

9. Vulnerable people allowance 59 HH 59 532,350 31,408,650

10. Bonus for moving out of the right way (provisional sum)

4 HH 4 216,000 864,000

11. Temporary impacts during construction (to be borne by contractor)

Compensation for public facilities (aggregate)

18,691,955

External Monitor (provisional sum) 70,000,000

Sub-Total direct costs 572,808,016

Contingency (10% of direct costs) 52,498,245

Grand Total MMK 577,480,692

Grand Total $ 534,704 HH = households; m

2 = square meter; MMK = Myanmar Kyat.

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XI. INSTITUTIONAL ARRANGEMENTS

Main responsibilities of key institutions in the updating and implementation of the 129.resettlement plan are summarized below.

Ministry of Construction (MOC) (National, State, and District Levels). MOC is the 130.executing agency for the Project. Overall responsibility for RP updating (including participating in DMS and engaging qualified appraiser), approving updated RP, securing resources (including financial), overseeing RP implementation, monitoring, and liaison with relevant State and District government offices.

Administration Offices (State, District, and Township). At the State level, the 131.Administration Office is headed by the Kayin State Chief Minister. Responsible for implementation of the DMS in cooperation with MOC, conducting consultations with AHs, resolving grievances at the district and state level, disbursement of compensation and assistance, arranging relocation and income restoration assistance, certifying to MOC status of disbursement of compensation and clearance of encumbrances.

Land Record Department (State and District). Responsible for land management. Will 132.participate in DMS, take charge of amending cadastral records and land use documents such as titles or similar.

Village Leaders: Responsible for assisting in RP updating (including conduct of DMS, 133.verifying impacts) conducting and facilitating consultations, resolving grievances at the village level.

Project Supervision Consultants (PSC). The PSC team will include a resettlement 134.specialist and communications specialist. The PSC will be responsible for assisting MOC to update the RP and provide support to MOC and Administrative Offices to conduct consultations with APs and monitor and report on RP implementation. The PSC will provide capacity building training in ADB safeguards requirements and good practices in resettlement plan implementation along with mentoring at all levels responsible for RP implementation. Training on ADB Safeguards Policy Statement was provided to MOC officers responsible for resettlement planning was provided during the PPTA stage of the project.

External Resettlement Monitor: An external monitor will be recruited by MOC to verify 135.satisfactory implementation of the RP.

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ADB = Asian Development Bank; AP = affected person; GRG = grievance redress group.

Figure 7: Organization Framework

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XII. IMPLEMENTATION SCHEDULE A. RP Updating Process

Following approval of the Project, updating and formal approval of the RP and 136.disbursement of compensation and assistance will be required prior to any displacement. Key steps to update and implement the RP are set out below:

(i) work to update the RP will commence with mobilization of the PSC with Resettlement training to be provided to the PMU and Administrative Offices and other relevant local government agencies;

(ii) COI staking will be completed by MOC and the document transferred to the Administrative Offices for their use during the DMS;

(iii) public announcement of the land acquisition decision by Administrative Office; (iv) prior to implementation of the DMS, information meetings conducted by the

Administrative Office, village leaders, and MOC, supported by PSC, will be held with APs in each village to update information on the Project including policies and activity scheduling;

(v) MOC contracts an independent appraiser to conduct the process of determining compensation for affected land, structures and other non-land assets;

(vi) conducting of the DMS; (vii) consultations and/or research concerning the relocation and income restoration

needs and strategy implementation arrangements undertaken by Administrative Office in collaboration with MOC, village leaders, and PSC;

(viii) consultations with APs and civil society organizations on updated entitlements, compensation rates along with relocation and income restoration strategy;

(ix) finalization of updated RP by MOC with support from PSC; (x) MOC obtains endorsement of Updated RP and submits to ADB for review and

concurrence; (xi) ADB reviews updated RP and provides comments. Revisions (if any) are

incorporated and concurrence provided by ADB; (xii) disclosure of updated RP; (xiii) announcement of RP implementation schedule to AHs; (xiv) APs will be notified of the date, place, and required documents for claiming

compensation at least one week in advance. No demolition or relocation will take place until APs are paid full compensation and provided assistance as per the entitlement matrix, including resettlement and income restoration assistance; and

(xv) executing agency will hand over the sections with resettlement impacts to the contractor only after payments of compensation and resettlement of APs are completed and commencement of livelihood restoration measures.

Table 39 shows the indicative RP updating and implementation schedule for key 137.

activities.

Table 39: RP Updating and Implementation Schedule ACTIVITY TIMING

Land recovery decision announcement and COI staking Feb 2016 Staking of COI Mar 2016 Public information meetings with AHs and disclosure of COI and land acquisition boundary

Mar 2016

Conduct DMS Apr 2016 DMS data analysis May 2016

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ACTIVITY TIMING

Post-DMS public consultations and disclosure of DMS results Jun 2016 Replacement Cost Survey Apr 2016 Replacement costs approval May 2016 Preparation of updated entitlement matrix and compensation chart; compensation with APs on same

Jun 2016

Consultations with SAPs on rehabilitation measures May 2016 Operation of GRM May 2016 until project

completion Finalization of compensation tables Jun 2016 Preparation of updated RP document, endorsement by MOC Jul 2016 ADB approval of updated RP Aug 2016 Disbursement of compensation and assistance from Sep 2016 Implementation of Resettlement and Income restoration strategy from Oct 2016 Land acquisition and handover of land for civil works from Oct 2016 Internal monitoring from Apr 2016 External monitoring from Apr 2016 ADB = Asian Development Bank; AH = affected household; AP = affected person; COI = corridor of impact; DMS = detailed measurement survey; GRM = grievance redress mechanism; MOC = Ministry of Construction; RP = resettlement plan; SAP = severely affected person.

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XIII. MONITORING AND REPORTING A. Monitoring and Reporting

The Project will establish systems for internal and external monitoring and evaluation. 138.The main purpose of the monitoring and evaluation program is to ensure resettlement and acquisition of land and properties have been implemented in accordance with the policies and procedures of the RPs. External monitoring and evaluation, in particular, will focus on the social impacts on the APs, and whether or not the APs have been restored a standard of living equal to, if not better than, that which they had before the Project.

The objectives of the monitoring and evaluation program are to: 139.(i) ensure that the standard of living of APs is restored or improved; (ii) monitor whether or not the timelines are being met; (iii) assess if compensation, rehabilitation measures, and social development support

programs are sufficient; (iv) identify problems or potential problems; and (v) identify immediate/rapid response methods mitigate problems or potential

problems.

B. Internal Monitoring

The executing agency, the Department of Highways (DOH) is to conduct internal 140.monitoring. It will monitor compensation payments, any relocation and the livelihood program. Internal monitoring reports will be prepared on a quarterly basis. C. External Monitoring

An external monitor will be recruited and provide a first monitoring report by end of AP 141.compensation payments and thereafter on a quarterly basis. The specific tasks expected to be undertaken by the External Monitor are:

(i) prepare a monitoring plan that covers 100% of the APs; (ii) review public consultations with APs; (iii) scrutinize the Complaint Register that will be held with DOH; (iv) review all compensation payments for acceptance and eligibility; (v) monitor the Income Restoration Strategy including its effectiveness on women

and vulnerable groups; (vi) examine the capacity of the GRG in resolving complaints at all levels; and (vii) prepare monitoring reports in a format agreed to by DOH and ADB

A Compliance Report will be prepared. The Compliance Report will prepare an outline 142.

during the first mission. The outline should cover: Introduction; Methodology and Approach; Assessment and Analysis of AP Compensations Payments (who, when, where); Grievance Reviews and Complaint Registrar; Public Consultations and Focus Group Meetings; Informal Consultations; Changes in Vulnerability of Affected Population; Summary of Grievances at each Level; Solutions and Recommendations for Government and for ADB.

Documents

Myanmar: Greater Mekong Subregion East West Economic ......GMS East–West Economic Corridor (EWEC): Eindu to Kawkareik Road Improvement Project – Resettlement Plan | November 2014