Resettlement Audit Case Study of Highway 1 (Neak Loung to Bavet)

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Description

th12 International Metropolis Conference, MelbourneRecent Development of Cambodia Resettlement Policy Framework: An Emerging IssuesPresented by Chea Sarin, Resettlement Specialistth9 October 2007Objectives♦ To share key lessons learns to participants♦ To overviews resettlement issues and policies applicationCountry Overview♦ Cambodia is located in South East Asia Region bordered with Thailand, Laos and Viet Nam♦ Land Area = 181,035 sqkm♦ Total Population = 13,81 millionsth♦ HDI = 130♦ GDP per capita = US$300 (2005)♦ Poverty Incidence = 28%♦ Economic share: agriculture (over 70%), Export of clothes, Tourism and Foreign aid.Resettlement: Emerging Issues and Encounter Measures1. Involuntary Resettlement is not for all2. Limited policy framework3. Lack of capable human resource4. Entitlement remains issues5. Compensation is not at full??6. Income restoration is not properly planned7. Gender and Vulnerable Group: the most affected8. Participation and information disclosure is not in full9. Grievance Redress remains unclear10. Monitoring and Evaluation is key controlInvoluntary Resettlement is not for all♦ Problems– No resettlement practice in the past till 1999, introduced by ADB– Resettlement effort is applied only it is required by the donors– So far, government and private sector development projects have not required resettlement and compensation♦ Measure: – Donors encourage the RGC to have National Resettlement Policy ...

Informations

• Publié par: Affe
• Nombre de lectures: 15
• Langue: English

Extrait

12 th International Metropolis Conference, Melbourne

Recent Development of Cambodia Resettlement Policy Framework: An Emerging Issues

Presented by Chea Sarin, Resettlement Specialist

9 th October 2007

Objectives

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♦

To share key lessons learns to participants

To overviews resettlement issues and policies application

Country Overview

♦ Cambodia is located in South East Asia Region bordered with Thailand, Laos and Viet Nam ♦ Land Area = 181,035 sqkm ♦ Total Population = 13,81 millions ♦ HDI = 130 th ♦ GDP per capita = US$300 (2005) ♦ Poverty Incidence = 28%   ♦ Economic share: agriculture (over 70%), Export of clothes, Tourism and Foreign aid.

Resettlement: Emerging Issues and Encounter Measures 1. Involuntary Resettlement is not for all 2. Limited policy framework 3. Lack of capable human resource 4. Entitlement remains issues 5. Compensation is not at full?? 6. Income restoration is not properly planned 7. Gender and Vulnerable Group: the most affected 8. Participation and information disclosure is not in full 9. Grievance Redress remains unclear 10. Monitoring and Evaluation is key control

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Involuntary Resettlement is not for all

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Limited policy framework in support involuntary resettlement

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Problems: – No specific national resettlement policy – Legal ownership to land is protected by Constitution and Land Law – Land ownership shall be deprived only if it is for public interest with Just and Fair compensation – In practice no legal procedure to enforce such laws

Measures: – Temporary use of donor’s policy if applicable and required – Drafting Sub-decree in addressing socioeconomic impacts caused by development projects funded by ADB-TA4090

Lack of capable human resource

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Problems: – Resettlement works is on ad hoc basis – RGC has no trained staff in the field of resettlement planning and implementation – Staff working for resettlement projects are always new to the project (changing staff from one project to another) and no capacity assessment – Different agency has different staff responsible for resettlement Measures: – Set up more permanent body called Resettlement Unit under Inter-Ministerial Resettlement Committee (IRC) – Training is on project basis – ADB-TA4490 include resettlement training to RGC working groups

Entitlement remains issues

♦ Problems: – APs who live with the public land or ROW will not received full compensation for land although they have resided before the RGC Decision No. 6 came into effect in 1999. In this case APs receive only compensation for loss of land use. – Some Provincial Road became National Road. Thus there is a change in ROW from 30m to 50m. Thus people have more affect on land i.e. NR33

♦ Measures: – Still have no proper measure to address the two issues.

Compensation is not at full??

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Problems: – RGC used the word Assistance rather than Compensation – Classification of structure was very subjective. Thus cost estimate was not reflect the reality i.e. Highway 1 case APs did not happy with the compensation amount but rather accept it because it was said the RGC policy – Compensation rate for trees remain uncertainty for full replacement cost – Compensation for land has not yet thoroughly studied based on productive (land is very important source for livelihood in Cambodia) Measures: – Break down structures into many types to reflect the reality i.e. North East Irrigation and Highway 5 and 6 projects – Land valuation and replacement land still has no proper method but some aspects have been address in the draft Sub-decree – Payment is according to compensation rate established during Replacement Cost study

Income restoration is not properly planned

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No proper income restoration program was developed for Highway 1 Project. The later income restoration program was given as cash (US$200 per household) Income restoration program is not developed as part of RP Later projects i.e. North East Irrigation and NR5&6 income restoration program was better developed incorporating many aspects, include: – Replacement land – Skill training – Credit for job creation – Allowance for loss of business equal to 6 months period per household members given as rice, 20kg/person/month – Transition allowance

Gender and Vulnerable Group is the most affected

♦ Experience indicated that female and disable headed household, elder and poor household tends to have more severely affect compare to normal household. ♦ For Highway 1 Project these APs received additional US$20 ♦ Present practice these households receive 20kg of rice per household member for 6 months