Sichuan Urban Development Project
Resettlement Action Plan
For
Panzhihua Municipality
Sichuan Province Urban Environment Project Office
Panzhihua City Urban Environment Project Office
February 2006
CONTENTS
Objectives of Reseetlement Plan and Definition of Resettlement Terminology Error! Bookmark not defined.
1. General 0
1.1 Introduction 0
1.2 Introduction to Project Background 0
1.3 Project Introduction 2
1.4 cost ,social and economic benefits 5
1.5 Project Impacts 5
1.6 Measures to Alleviate Project Impacts 6
1.7 Project Schedule 8
1.8 Preparation for Resettlement, Monitoring and Evaluation 8
1.9 Policy Frame and Targets of RAP 11
2. Project Impacts 13
2.1Confirmation of the scope of project impacts 13
2.2 Investigation of project impacts 13
2.3 Material index of project impacts 14
2.4. Analysis on Project Impact 19
3．SOCIO-ECONOMIC CHARACTERISTICS 21
3.1 Basic Situation of the City and District Influenced by the Project 21
3.2 Socio-Economic Surveys 22
3.3 Socioeconomic Characteristics of the Affected Population 22
4. Policy Frameworks for Resettlement 33
4.1 Policy Basis 33
4.2. Relevant Laws and Regulations 34
5. Resettlement and Recovery Program 56
5.1 Target and Task 56
5.2. Principle and Policy for Resettlement 57
5.3 Overall Scheme of Resettlement 58
5.4vulneralble people settling measures 66
5.5 Analysis for Environmental Capacity 68
5.6 Resettlement plan 69
6. Compensation Estimate 74
6.1. Basis for Estimate 74
6.2. Compensation principles 75
6.3. Compensate Standard and Compensation Cost 75
6.4. Total budget of compensoation 83
7. Implementation plan 85
7.1. Implementation Procedures 85
7.2. Schedule 87
7.3. Financial Allocation Plan 88
8. Implementation arrangement 91
8.1Institutional Framework 91
8.2Resettlement Organisation 91
8.3Accountability 91
8.4 Capacity Building and Staff Training 94
9.Public participation and appeal 96
9.1Identification of Project relevant people 96
9.2Consultation During Project Preparation 96
9.3Public Participation and Consultation Plan 98
9.4 Disclosure of the RP 98
9.5. Participation during implementation of RAP 101
9.6Grievances and Redress 102
10.Monitoring, Evaluation and Reporting System 105
10.1Internal Monitoring 105
10.2External Monitoring and Evaluation 106
10.3Reporting and Distribution 109
11. Reporting 110
11.1Resettlement Action Plan (RAP) Report 111
11.2Internal Monitoring Progress Report 111
11.3Independent ME Report 112
12．Entitlement matrix 113
Annex Abbreviated REsettlement plan for the linked Qingxiangping wastewater treatment plant 115
ABBREVIATIONS
WB / World BankAPs / Affected Persons
AAOV / Average Annual Output Value
CMEDRI / Chengdu Municipal Engineering Design & Research Institute
CRO / Districts Resettlement Office
DMS / Detailed Measurement Survey
FS / Feasibility Study
LA / Land Acquisition
HD / Housing Demolition
IA / Implementation Agency
LAB / Land and Resources Bureau
LAR / Land Acquisition and Resettlement
M&E / Monitoring and Evaluation
RP / Resettlement Plan
PRA / Participatory Rural Appraisal
SMEDI / Southwest Municipal Engineering Design &Research Institute
SWJU / Southwest Jiaotong University
TOR / Terms of Reference
TRO / Township Resettlement Office
SUEP / Sichuan Urban Environment Project
VG / Village Group
CNY / Also “Yuan”, Chinese currency, with US$1.00 = CNY 8.30
Mu / Unit of area, with 1 hectare = 15 mu
RAP Purposes, Terminologies & Definitions
This Resettlement Action Plan (RAP) is prepared in accordance with the national and local laws and regulations of the People’s Republic of China (PRC), and the World Bank Resettlement Guidelines (i.e., Operational Directive for Involuntary Resettlement of OP 4.12). The purpose is to set out an action plan for the resettlement and restoration of the Affected Persons (APs) to ensure that those affected will be benefited from the project, and their living standards be improved or at least restored to the pre-project situations after the project implementation.
Acquisition of a land and the associated properties to enable project implementation would adversely affect the residents and other persons living or working on the land as acquired. The term of APs is defined as those whose income or livelihoods are to be adversely affected by the land acquisition activities of the Project. APs may be any of the following categories:
1) those whose land (including housing land, utilities land, and land for agricultural, forestry, livestock breeding, fishery and sidelines), structures (including private buildings and attachment, enterprise buildings and public buildings, etc.), entitlement or any other properties that will be acquired or occupied, in full or in part, permanently or temporarily;
2) those that use the above structures, lands or properties; or those whose business, vocations, working, residences or habitat will be adversely affected; or
3) those whose living standards are to be adversely affected due to the land acquisition and/or resettlement activities.
Definition of APs
“Affected Persons” means those that, because of the project execution, are to be suffered in living standards are or otherwise adversely affected; or those whose building ownership, the entitlement or interest, lands (including house lands, agricultural and grazing lands) or any other fixed or movable assets thereof that are to be acquired or possessed, temporarily or permanently; or those whose business, occupation, working or residences or habitats that are to be adversely affected.
“Affected Persons” imply either individual person(s) or such legal persons as enterprises or public organizations. The definition of APs does not limit or restrict the associated legal registration or permission to live or conduct business in the affected location, nor does it limit the compensation for the property. Thus, they are to include:
4) all affected persons regardless of their legal entitlement or absence thereof to the assets being taken; and
5) persons without residential permit to live in a defined area.
Therefore, all such persons who are affected will need to be considered and recorded as the APs, regardless of their legal relationship to the assets, land or location.
For a land or property to be acquired, if it is used by or to be compensated for one and more individuals or households, the associated compensation and restoration will be based on their losses, their entitlements, and the impacts on their living standards. Disregarding the legal entitlement or interest, definition of the APs will be directly related to the adverse impacts of the project.
All APs shall be compensated to improve or, at least, restore their standards of living, including compensation for their property losses. The compensation to the loss of properties shall be based on the replacement values with no deduction or discount on account of depreciation or other reason(s). The APs shall have entitlements for what they suffer due to the project impacts. Not only should they be provided with compensation for property losses, they should also receive economic subsidy as well for restoration of their living standard. For those affected who run business, cultivated land or conduct construction with no property ownership, entitlement, or legal residential permission, they are eligible for restoration of their livelihoods and compensation for their lost properties on an equal footing with those owning lawful properties, entitlements or permissions.
Definition of “Resettlement”
“Resettlement” is arrangement for the APs on production and living, so that they will be benefited from the Project. Resettlement activities usually include,
1) relocation of living quarters;
2) provision of new and acceptable employment for people whose working engagement is affected;
3) restoration of (or compensation to) the affected productive resources such as land, working places, trees and infrastructures;
4) restoration of those affected whose living standards (qualities of life) are adversely affected (such as affected by hazardous emission) due to land acquisition and/or relocation;
5) restoration of or compensation to the affected private and public enterprises;
6) restoration of cultural or common properties that are adversely affected.
Definition of “Restoration”
“Restoration” implies to reinstate the APs in their capacity and capability so that they can continue their production activities, and/or to reinstate their living standards to at least those of the pre-relocation status, or higher levels.
The purpose of this RAP is to provide an action plan for the potential resettlement and restoration activities so that the APs will be compensated for their losses and their living standards will be improved or at least restored to the pre-project levels. In order to attain these objectives, restoration measures are included in the RAP to enable income restoration for the APs for sustainable livelihoods. Similarly, business and production resources (including shops, enterprises), public properties, infrastructures, and cultural properties as affected will also be improved or at least restored to the pre-project status and levels.
RAP of SPUEP
1. General
1.1 Introduction
This Resettlement Plan (RP) addresses the land acquisition and resettlement aspects of the Sichuan Panzhihua Urban Environmental Project to be financed by the World Bank. It has been prepared in accordance with the WB's policies on Involuntary Resettlement, and other social safeguards and guidelines on social dimensions, the PRC’s laws and regulations, local by-laws relating to land acquisition and resettlement. It outlines the policy framework on remedial measures for mitigation of adverse impacts of the proposed Project (the Project), and the rehabilitation strategies for all affected people (APs) and seriously affected villages including how and when these measures must be implemented.
For both the PRC and the WB, the over-riding objective of resettlement planning is to ensure that persons unavoidably losing land or property as a result of a development project attain equal or better livelihoods and living standards than if the project had not occurred. All policies, proposals and compensation measures contained in this RP are designed to meet this objective.
The preparation of this RAP was based on: (i) Project Feasibility Study; (ii) discussions with the principal authors of the above document; (iii) field visits along the proposed alignment; (iv) consultation with various levels of local government, village leaders and APs; (v) meetings with representatives from seriously affected villages to discuss and determine preferred compensation and income restoration strategies.
1.2 Introduction to Project Background
1.2.1 Background of Riverside Environment Renovation Project
A. Urban Sustainable Development Situation
The urban sustainable development level of Panzhihua City is not high, and it is calculated by Peking University that the Social Development Index of Panzhihua is just about 42%. The Along river Environment Renovation project will have active influence to the improvement of urban sustainable development level, which is embodied as follows. In the aspect of system coordination, ecological environment will be improved; the ratio between the use of pollution control funds and GDP will be increased; the ratio of the two growth rate of pollutant discharge and GDP will be reduced, and the contribution of technological progress and increased employment to economic and social development will be strengthened. With promotion of quality index of air and water body, the ecological environment quality will be improved.
B. Urban Economic and Social Development Situation
Although Panzhihua is young, it is well known abroad and at home. In 2004, its per capita GDP reached RMB 16,500 Yuan, placing in the second position within Sichuan, just inferior to Chengdu. However the incomplete infrastructure and poor quality of local environmental conditions have restricted, in some degree, the sustainability of employment growth and economic development. The construction of this project can beautify the city, change the city features, improve the city traffic, and play an active role in skills development, attractiveness to business and investment, and accelerate the active development of the society.
C. Construction Background of “Landscape Garden City”
Panzhihua City has complied General Plan of Panzhihua for Landscape Garden City, and this project is the detailed implementation of this general plan, and an important step to realize this plan.
1.2.2 Construction Background of the End Section of Bing-ren Line
A. Liquidize land assets and quicken the pace of modernization
The construction of end section of Bingren Line can drive the land development of an area of 6.5 square kilometres of Ganbatang and Zongfa etc., and the development of this new area will promote the transformation of rural population to urban population, thus accelerating urbanization.
B. Create conditions for the development of the tertiary industry and improvement of economic structure
Panzhihua City is a city of heavy industry, with the composition of the tertiary, secondary and primary industries in 2004 of 5.4: 71:4: 23.2. Among the top 10 steel producing cities in China, the proportion of the secondary industry in Panzhihua is the largest, with the smallest proportion of the tertiary industry. In order to strengthen the development of the tertiary industry, including construction of new buildings along the roads, the area surrounded by the circular highway will become an important development area of Panzhihua after completion of the urban transport system.
1.3 Project Introduction
Sichuan Panzhihua Urban Environment Project includes two sub-items of Riverside Environment Renovation and end section of Bingren Line.
1.3.1General Situation of Riverside Environment Renovation Project
The renovation is mainly focused on the two banks in the South and North of Xinzhuang Bridge to Jinjiang, with a distance of 30 x 2 km. The construction scheme is divided into three aspects in the primary stage:
A. Bank revetment renovation
The bank revetment can be divided into four types: Slag-yard, Masonry, hydrophilic and natural. The detailed renovation scheme is:
u The Section from Dukou Bridge to Midi Bridge, the distance of the two banks is 8 x 2 km; the average height of the bank revetment is about 10 m, with 2/3 of hydrophilic section and 1/3 of masonry section.
u The Section from Midi Bridge to Jinjiang, the distance of the two banks is 2*15 km; the average height of the bank revetment is about 8 m, with 1/5 of hydrophilic section and 4/5 of masonry section
u The Section from Dukou Bridge to Xinzhuang Bridge, the distance of the two banks is 2*7 km; the slope height of the slag-yard is about 100 m; the average height of the bank revetment is about 10 m, with 1/4 for each of the four types of section.
u The Section from Xinzhuang Bridge to Dashuijing, the distance of the two banks is 2*6 km; the average height of the bank revetment is about 10 m, with the most of hydrophilic section.
u The Section from Dashuijing to Geliping, the distance of the two banks is 2*16.4 km; the average height of the bank revetment is about 20 m, with the most of natural section.
B. Landscape renovation