RP-26VOL. 1

Bliutan Rural Access Project

Policy Frameworkfor

Resettlement and Rehabilitationof

Project Affected Persons

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CONTENTS

1. Introduction And Objectives1.1 Background and Project Content1.2 Legal and Policy Framework regarding ResetUement1.3 About this Document

2. Impacts and Entitlements2.1 Types of impact to be addressed2.2 Summary Entitlement Matrix2.3 Support principles for different categories of impact2.3.1 Loss of economic assets2.3.2 Loss of house and shelter2.3.3 Loss of livelihood or Income opportunities2.3.4 Group-based development opportunities2.4 Targeted support to vulnerable groups2.5 Options & Choices

3. Resettlement planning and Implementation3.1 Social assessment, consultationlparticipation. census and survey3.1.1 Social assessment3.1.2 Consultation and participation process3.1.3 Documentation of voluntary nature of contributions3.1.4 Census and baseline socio-economic surveys3.1.5 Cut-off date3.2 Co-ordination between civil works and resetUement3.2.1 Screening and planning3.2.2 Implementation3.3 Institutional arrangements3.3.1 Overall Co-ordination3.3.2 Transparency and accountability3.4 Costs and Budgets3.5 Grievance Redress3.6 Monitoring and Evaluation

SOCIAL IMPACTS AND RESETTLEMENT:POLICY FRAMEWORK AND PRINCIPLES

1. INTRODUCTION AND OBJECTIVES

1.1 BACKGROUND AND PROJECT CONTENT

The Royal Govemment of Bhutan (RGOB), through Public Works Division (PWD), hasproposed to implement a Rural Access Project with the assistance of the Intemational

-Development Association (IDA). The objective of the project is to improve rural access Inthe proposed project districts and provide'a framework and guidelines rehabilitation andresettlement of project affected households/persons.

The RGOB has tdentified feeder roads in four Districts (Dzonkhag), I.e. Zhemgang (a 37km Dakpai-BuIl Feeder Road and a 8 Km Jeeder road to Gomphu ), Lhuntse ( 37 kmfeeder road). Tashl Yangtse (20 Km feeder roads), and Tashigang ( 20 Km feederroads) to be constructed under the project. Of the identified roads, the Dakpai-Bulifeeder road in Zhemgang 1Dzonkhag has the most advanced preparedness with the roadalignment having been finalized and the construction based on environment friendlydesigns commenced as part of Zhemgang's Integrated Sustainable DevelopmentProgram (ISDP) . The first stretch of 10 Km of Lhuntse-Dungkar road Is expected to betaken up during 1999-2000.

1.2 LEGAL AND POLICY FRAMEWORK REGARDING RESETTLEMENT

The primary legal instrument for land acquisition and resettlement in Bhutan is the LandAct of 1979. The Act provides the compensation mechanism for land and other propertyfalling under eminent domain whenever required for a public purpose. The rates ofcompensation are reviewed by the RGOB periodically, the latest of which is described inthe Land Compensation Rate 1996. The Bank's policy is described in OperationalDirective 4.30 on Involuntary Resettlement. This policy document states that involuntaryresettlement Is an Integral part of project design, and should be dealt with from theearliest stages of project preparation.

Both Bhutanese and World Bank guidelines related to resettlement aim at achieving thefollowing overall goals:

a Involuntary resettlement shall be avoided to the extent possible orminimized where feasible, exploring all viable alternative projectdesigns.

* Where displacement Is unavoidable, people losing assets, livelihood orother resources shall be assisted in improving or at a minimumregaining their former status of living at no cost to themselves.

1.3 ABOuT THIs DOCUMENT

The extent of land acquisition for the project from rural households Is expected to beminimal. Consequently, the adverse impacts on the affected households Is expected tobe marginal and very few households would need relocation. The project will pursuevoluntary contribution of land and other assets by the community to the extent possiblein exchange for the benefit accrued by the improved access by the road constructonand maintenance.

This policy document describes the principles and approaches to be followed Inminimizing and mitigating negative social and economic impacts caused by the project.This policy is applicable to the roads taken up for construction before projecteffectiveness date, to qualify for retroactive financing from the IDA. It provides the basisfor a detailed and time-bound abbreviated resettlement action plan (ARAP), which will beprepared for the project. The ARAP will contain the details of census and baselinesocio-economic surveys of the affected population undertaken in preparation of theproject. it will also contain the institutional and organizational mechanisms required toundertake the resettlement program.

2. IMPACTS AND ENTITLEMENTS

2.1 TYPES OF IMPACT TO BE ADDRESSED

The resettlement policy for this project addresses development-induced Impacts causedby the project, and is not limited to physical relocation. The project will address threebroad.categories of social and economic impacts which require mitigation. They are:

* loss of assets, including land and house* los6 of livelihood or Income opportunities* collective Impacts on groups, such as loss of common property resources

The first two categories represent direct project impacts on an identified population,The people likely to be affected by the project will be surveyed and registered, andproject monitoring and evaluation will compare longer term impact against baselinesocio-economic data.

The third category represents an group Impact, where group members need not beindividually registered. Gains and lcsses of a group-oriented nature are not quantifiablein terms of impact on the individual. Mitigation and support mechanisms will becollectively oriented, and the monitoring will focus on impact on such groups.

2.2 SUMMARY ENTITLEMENT MATRIX

An entitlement matrix will be included in the Resettlement Action Plan, as shown in theexample below.

CATEGORY ENTITLEMENT UNIT

1. Consultallon. counseling regading stiernatives, Famslies/householdsand assIstance In IdentifyIg new ates andopportunities2. CompensatIon for land at replacement cost, free of Famlies/househoklsfees or other charges3. Advance notice to harveus nonperennial crops. or Fsmllieafhouseholdscompensatlon for lost atendiln crop -__4. Compensation for perennial cop and bees. Fmmliesthouseholdscalculated as annual net product value multiplied bynumber of years required for new. crop to startproducing -5. Replacemert or compensation for structurez and Famlieswhouseholdsother non-land assets __

6. Rights to salvage malerials from existng Families/householdsstructures, trees, and other assets7. Shifting assistance Familles/households

B. Rehabilitation and assistance for lost or diminished Adut inJividualslivelihood9. Additional support mechanrsms for vutnerable Adult individuals

_groups In reestablishing livelIhood10. Employment opportunitIes in connection with Adult Individualsprotet_ _ _ _ _ _ _ _ _ _ _ _ _ _

11. Any other Impacts not yet Identified. whether loss Adult individualsof assets or Oivelihood

12. Group oriented suppori vAIll be given lo mitigate Vaous%groupsnegative Impacts on the community. and to enhancedevelopment opportunitles. Particulr support wit betargeted at more vulnetable groups, for example byaddressing trarfnc safety needs of pedestrians. __

These categories and support mechanisms are desCribed in more detail in the followingsections.

2.3 Suprport Princinles for Different Cstegorirs oftImpacts

2.3.1 Loss of economic assets

The project may cause people to lose productive land or house plots, structures, wells,trees, or other assets. The project will therefore compensate and replace lost assets attheir replacement cost, as defined by the most recent Land Compensation Rateapproved by the National Assembly'. The entitlement unit for such assistance is thehousehold or family.

Experience shows that cash compensation carries a high risk and is normallyinadequate In helping poor and vulnerable groups reestablish their lost assets,particularly in the case of productive land. The Project will therefore pursue land-for-landcompensation as much as possible as stipulated in the Land Act of 1979 (KA-6[9B]) and,where necessary or opted by those affected, provide other options in kind or cash aswell as other support mechanisms to those deemed as vulnerable or at risk.Replacement land of equal or better-productive value will be offered as an optionto those losing substantial amounts of land (i.e. 25% of their holdings or more), orwhere loss of land threatens thie economic viability of the household.

If the compensation and the replacement cost is not acceptable to the project affectedpersons, they would have recourse to'grievance redress mechanism defined undersection 3.5 of this policy framework document.2.3.2 Loss of house and shelter

People losing their home represent a particular challenge in the resefflement program.Compensation for loss of structuires would be carried out on replacement cost basisbased on the Bhutan Govemment Schedule of Rates (BSR). Every effort wili be madeby the project to ensure that new housing is available before people are required toreiocate. Affected households would be allowed to retain the salvaged materials and dueassistance would be provided for shifting of salvaged materials to the new site either inkind (provision of transport) or in cash based on estimated shifting costs.

No large scale resettlement is envisaged under the project warranting development ofresettlement sites.

2.3.3 Loss of livelihood or Income ogiortunltles

In-cases where the displacement caused by the project leads to loss of livelihood orIncome opportunities, either temporarily or permanently, assistance will be given to theeffected population to reestablish their livelihood and Income, and to compensate fortemporary losses. The unit of entitlement eligible for support in such cases will be theadult individual, both men and wo'men. All adult members of households affected in thisway would be eligible for support.

In the case of road projects, a common loss is the displacement of a business structuresuch as a small roadside shop. The project will assist such businesses in relocating,and in continuing their preferred occupation without loss of customer base. As In thecase of houselshelter, the project would provide assistance in shifting in kind or payestimated expenses in cash.

Dt Vo toie liuiited niatutre of rural land tmarket in Bliutan. comnpensalion rates canulot be determinedal lhe opcn market value.

If the project Impact leads to people being unable to continue with their previousoccupation, the project will provide support and arsistance through alternativeemployment strategies. Where possible, project affected people will be givenemployment in opportunities created by the project, such as work with construction ormaintenance. Longer-term eaming opportunities will be provided through strategiessuch as vocational training, employment counseling, inclusion in income generatingschemes, and access to credit.

Particularly in the case of landless families who suffer partial or total loss of livelihood asa result of the project, RGOB would, as part of its normal policy, allot land free of cost tosuch affected families. Those who become landless as a result of the land acquisitiondue to the project would be allotted land as per provisions of the Land Act 1979, KA-6(9A).

2.3.4 Group-based development o0rlortunltles

In addition to the direct losses cf assets or livelihood, the project may have indirectImpacts on the population living in the vicinity of the road corridor. While many of theseImpacts are positive, some are negative and should be mitigated. These may Includeimpacts on traffic safety, access to water and sanitation, and access to commonproperty resources. Community-owned assets such as schools, temples and imigationcanals may also be affected by the project. Impacts related to a population's culturalheritage should be addressed with particular care, in accordance with World Bank andthe Royal Government of Bhutan guidelines related to cultural heritage.

Through designs, provision of infrastructure, and other support mechanisms, the projectwill replace lost assets and minimize any negative impact on groups, particularly groupswhich are considered vulnerable. Even where there is no discernible negative impact,the project will seek to benefit the local population.

2.3.5 DELAYS IN PAYMENT OF COMPENSATnON

In case of delay in payment of compensation for any of the assets acquired in theproject, the project would pay simpla Interest at prevailing rates for the period of delay.

2.4 TARGETED SUPPORT TO VULNERABLE GROUPS

Through census surveys and other studies, the project will determine who among theaffected population may be considered as vulnerable or at risk, or who are likely to beexcluded from the normal benefits of growth and development. Vulnerable groups mayinclude but not be limited to:

* poor or landless people* women-headed households. children

Different impacts will affect these groups differently, depending on the reason for theirvulnerability under the project. The project would pay special attention to thesevulnerable- groups who will receive targeted support and be provided with more optionsand support mechanisms as appropriate.

2.5 OPTIONS AND CHOICESThrough public consultations, the project will identify and provide the options andchoices among different entitlements to the affected population. Affected population willbe counseled so they are able to make informed choices among the options provided.

3. RESETTLEMENT PLANtiNG AND IMPLEMENTATION

3.1 SOCIAL ASSESSMENT. CONSULTATIONIPARTICIPATION, CENSUS AND SURVEY

3.1.1 Social Assessment

A social assessment will be undertaken for the project, in order to support participationand make explicit the social factors affecting the development impacts and results. Thissocial assessment will identify stakeholders and key social issues, and formulate aparticipation and consultation strategy. It will speciFically address the issue of how poorand vulnerable groups may benefit from the project.

3.1.2 Consultation and Particliatlon Process

Experience indicates that involuntary resettlement generally gives rise to severeproblems for the affected population. These problems may be reduced if, as part of aresettlement program, people are properly informed and consulted about the project,their situation and preferences, and allowed to make meaningful choices. This serves toreduce the insecurity and opposition to the project which otherwise are likely to occur.

The project will therefore ensure that the affected population and other stakeholders areinformed, consulted In a meaningful way, and allowed to participate actively In thedevelopment process. This will be done throughout the project, both during preparation,implementation, and monitoring of project results and impacts.

The consultation will be conducted in a way which is appropriate for cultural, gender-based, and other differences among the stakeholders. Where different groups orindividuals have different views or opinions, particular emphasis will be put on the viewsand needs of the more vulnerable groups.

The project will provide detailed documentation regarding the stakeholder consultationprocess. It will take account of the fact that Information must be given at differentstages, repeated, and provided through different media. The consultation processplanned for the project will use different types of consultation such as in-depthinterviews, focus group discussions, seminars and meetings, and key informantinterviews at different level of stakeholcler involvement.

3.1.3 Documentation of 'voluntary' nature of contributions

As mentioned earlier, the project will seek voluntary contribution of land and assets asmuch as possible. However, voluntary nature must be supervised through thecommunity consultation process and documented, according to the following criteria:

a) the affected people have the option of saying no to contributing land orother assets, or losing access to resources or livelihood; and

b) land required has been Identified and agreed upon through communityconsultations, and Is free of squatters, encroachers, claims, or otherencumbrances; and

c) it can be verified that there is no undue coercion involved in making peoplecontribute land or other assets

3.1.4 Census and baseline soclo-economic surveys

Where involuntary nature of negative impact is found unavoidable, a full census will beundertaken to register and document the status of the potentially affected populationwithin the project Impact area. This will provide a demographic overview of thepopulation, and will cover people's assets and main sources of livelihood. It is to cover100% of the potentially affected population within ttie likely Impact area and areasonable distance beyond2. In this process, legal boundaries including the Right ofVWay are to be verified and certified.

Following final designs, only those within the actual impact area will be consideredeligible for support under the project. This is likely to be a lower number than thoseinitially covered In the census.

3.1.5 Cut-off date

The cut-off date for respective sub-projects under the project would be the date of socio-economic baseline survey. If there is a substantial time gap of more than one yearbetween the date of survey and, project implementation, the baseline data would beupdated and the updated data would be used for resettlement & rehabilitation.

3.2 COORDINATION BETWEEN CIVIL WORKS ANO RESETTLEMENT

3.2.1 Screening and Planning

Efforts shall be made to reduce potential negative impacts of the project, both in terms ofenvironment and social issues. The project will coordinate the design process with thefindings from screening and studies related to soclo-economic Impacts and theenvironment, In order to minimize negative impacts and maximize benefits.

When choosing among different design options, such as whether to construct arealignment or improve the road through a built-up area,

environmental and social indicators shall be factored into the decision along withtechnical and economic considerations. This practice will continue throughout theproject implementation period.

2 A ccttsus ustually stans berore (lie final alignnctt and hence (lie impact arca are dccided. lThcrefore,a liitlc fargcr liLin Ilhc fiLlli?.cd ipacil nrca necd to bc includcd lo inakc surc th.aI all ilic proicct arfcctcdpcople are covcrcd. Tlhc ntinibers of the project affectcd pcople mus1 be finializcd aflcr Ihc finalization ofroad centerliines.

3.2.2 implementattonDuring project implementation, the resettlement program will be coordinated with thecompletion of designs and the likely timing of civil works. The project will provideadequate notification, counseling and assistance to affected people so that they are ableto move or give up their assets without undue hardship before civil works are to start.

In the case of Land Acquisition, the procedure will follow the Land Act of 1979.

The project will ensure that civil works are not started on any road segment beforecompensation and assistance to the affected population have been provided inaccordance with this policy framework'.

Resettlement work and updating of studies will be a continuous process throughout theproject

3.3 INSTITUTIONAL ARRANGEMENTS

3.3.1 Overall coordinationThe PWD In coordination with the Dzonkhags would be responsible for Implementing theresettlement & rehabilitation activities. The Project will document detailed informationabout institutional and organizational mechanisms required to implement the plan.People responsible for cooidinating and implementing the land acquisition/resettlementissues will be appointed, b sed on their experience in resettlement and socialdevelopment.

The project implementation requires coordination among different agencies, working Indifferent districts and jurisdictions. It the institutional assessment undertaken as part ofsocial assessment for project preparation identifies the need for capacity building forresettlement related issues, such capacity building will be coordinated with the overallproject implementation schedule, to ensure that skilled staff are available to implementresettlement activities without causing delays to civil works.

3.3.2 Transparency and accountabIlrt,

Through the information campaign and other consultation mechanisms, the project willensure that there is full transparency regarding the resettlement program and people'sentitlements. Payments of compensation and delivery of other support mechanisms willbe done in public settings to avoid any accusations of impropriety.

3.4 COSTS AND EBUDGETS

The project will prepare a consolidated overview of estimated costs. This will consist ofan item-wise budget estimate for resettlement implementation, including administrativeexpense, monitoring and evaluation, and contingencies. The cost of resettlement will beincluded in the overall costs of the project.

III somc cascs ivihere land for land option is being pursucd by afTected lhousciolds, duc to lhe lcad litneitvolvcd, it 171iglht not be possible to completc llte conipensation proccss in time. In sticit cascs, the loss ofiticomic siffecred by tihe lhouscihold would bc compcnsatcd by tlhe projcct for the period of opportunity lostby tIlic lousclold.

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Values for compensation amounts and other support mechanisms will be adjustedregularly based on inflation factors. The budget will incorporate a provision for this.

Delays or inadequacies in Implementing the resettlement program may lead to costlydelays in overall project implementation, since progress in civil works depends onsatisfactory completion of the resetUement program.

The Royal Govemment of Bhutan will pay for costs related to Land Acquisition,compensation and cash grants, if any, provided to project affected persons. Othersupport mechanisms, such as training, capacity building, income generating schemesetc.. where necessary, can be funded by the IDA loan.

3.5 GRIEVANCE REDRESS

It is expected that through a participatory process and good compensation and supportmechanisms, acceptance of the project will be enhanced and complaints reduced.There may nevertheless be individuals or groups who feel that they are not givenadequate support, or that their needs are not property addressed. The project willtherefore establish a Grievance Redress process with local committees (GYT, DYT)which will hear complaints and facilitate solutions. If the issue is not resolved. theIndividual/group may approach PWD through the office of the local executive engineer. Ifthe issue remains still unresolved, people would have the right to approach RGOB asper traditional practices.

3.6 MONITORING AND EVALUATION

The project will systematically monitor land acquisition and resettlement program, basedon (i) process monitoring (e.g. project inputs, expenditures, staff deployment, etc.); (ii)output monitoring (e.g. results in terms of number of affected people compensated andresettled, training held, credit disbursed, etc.); and (ili) impact evaluation (i.e.. longer-term effect of the project on people's lives).

The first two types of monitoring will be conducted by the project with assistance ofsocial assessment consultants who would be appointed for the purpose. Thisinformation will serve to Inform project management about progress and results, and toadjust the work program where necessary if delays or problems arise. The results of thismonitoring will be summarized in reports which will be submitted to the projectauthorities and the IDA on a regular basis.

The project may also contract with an extemal agency (such as an academic institute orprofessional consultants), to undertake independent evaluations at least twice during thelifetime of the project: (1) As an input to a mid-term review, and (2) as a longer termImpact evaluation as an input to a project completion report.

Provision will be made for participatory monitoring involving the project affectedpeople and beneficiaries of the resettlement program in assessing results andimpacts.