cambodia: road network improvement project phase 2

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This information is being disclosed to the public in accordance with ADB’s Access to Information Policy.

Basic Resettlement Plan

Project Number: 53372-001 March 2020

CAMBODIA: Road Network Improvement Project, Phase 2

Subproject: Rehabilitation of Provincial Road Number 312

Prepared by the Ministry of Public Works and Transport with the assistance of Transaction Technical Assistance Consultants under the guidance and direction of the General Department of Resettlement of the Ministry of Economy and Finance for the Asian Development Bank

This resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. 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.


CONTENTS I. Basic Resettlement Plan .............................................................................................................. i EXECUTIVE SUMMARY ..................................................................................................................... 1

A. Project and Subproject Description.......................................................................................................... 1 B. Scope of Land Acquisition and Resettlement ......................................................................................... 1 C. Legal Framework and Entitlements .......................................................................................................... 2 D. Consultation and Participation and Disclosure ....................................................................................... 2 E. Grievance Redress Mechanism ................................................................................................................. 3 F. Institutional Arrangements and Implementation ..................................................................................... 3 G. Budget .......................................................................................................................................................... 3 H. Monitoring and Reporting .......................................................................................................................... 3

I. Introduction ................................................................................................................................. 4

A. Project Overview ......................................................................................................................................... 4 B. PR312 Rehabilitation .................................................................................................................................. 5

a) Existing Detailed Engineering Designs ................................................................................................................. 5 b) Suggested Improvements to Existing DED ........................................................................................................... 6 c) Design Changes during Construction ................................................................................................................... 6

C. Involuntary Resettlement Categorization ................................................................................................. 6 D. BRP .............................................................................................................................................................. 6 E. Measures Minimizing LAR Impact ............................................................................................................. 7

II. Legal and Policy Framework ...................................................................................................... 8

A. National Legal and Policy Framework ...................................................................................................... 8 B. ADB Safeguard Policy Statement (SPS) 2009 .......................................................................................... 9 C. Other Considerations ............................................................................................................................... 11 D. Gaps and Reconciliations ........................................................................................................................ 11

III. Policy Framework of the BRP .................................................................................................. 16

A. Objective and Guiding Principles ........................................................................................................... 16 B. Project Policies on Resettlement ............................................................................................................ 16 C. Eligibility Criteria ...................................................................................................................................... 16

a) Cut-Off Date ........................................................................................................................................................... 16 b) Eligibility Criteria ................................................................................................................................................... 16

D. Valuation of Affected Assets ................................................................................................................... 17 E. Special Assistances for Poor and Vulnerable Groups ......................................................................... 18

IV. Census and Sample Household Information .......................................................................... 18

a) Land Acquisition ................................................................................................................................................... 19 b) Affected Trees and Crops ..................................................................................................................................... 19 c) Affected Businesses ............................................................................................................................................. 19 d) Affected Houses and Structures .......................................................................................................................... 22 e) Affected Households and Persons ...................................................................................................................... 22 f) Affected Households Experiencing Major Impacts ............................................................................................ 23 g) Potential Vulnerable Households ........................................................................................................................ 24 h) Affected Public Facilities ...................................................................................................................................... 24 a) Demography .......................................................................................................................................................... 25 b) Education Level of Household Heads ................................................................................................................. 25 c) Employment Status of Household Head ............................................................................................................. 25 d) Income and Source ............................................................................................................................................... 26 e) Resettlement Options ........................................................................................................................................... 26

A. Women in Local Context .......................................................................................................................... 26

V. Compensation, Relocation and Income Restoration .............................................................. 28

A. Entitlements .............................................................................................................................................. 28 a) Loss of Private Land ............................................................................................................................................. 28 b) Loss of Use of Land .............................................................................................................................................. 28 c) Loss of Houses and Structures (Fixed Assets) .................................................................................................. 29 d) Transition and Transport Assistances ................................................................................................................ 29 e) Temporary Impact ................................................................................................................................................. 30

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f) Unanticipated Impact ............................................................................................................................................ 30 B. Relocation of Houses and HCSs ............................................................................................................. 30 C. Re-establishment of Affected Businesses ............................................................................................. 31 D. AHs Losing Agricultural and Residential Land ..................................................................................... 31 E. AHs Losing Productive Trees .................................................................................................................. 31 F. Income Restoration Program .................................................................................................................. 31 G. Special Assistances to Poor and Vulnerable Groups ........................................................................... 32 H. Entitlement Matrix ..................................................................................................................................... 33 I. Restoration of Public Facilities ............................................................................................................... 33

VI. Consultation, Participation and Disclosure ............................................................................ 41

A. Objectives of Consultation and Participation ........................................................................................ 41 B. Information Disclosure during BRP Preparation ................................................................................... 41 C. Public Consultation and Participation during the BRP Preparation ................................................... 42 D. Information Disclosure, Consultation and Participation Arrangements ............................................. 43

VII. Grievance Redress Mechanisms ............................................................................................. 46

A. Establishment of Grievance Redress Mechanism ................................................................................ 46 B. Objectives .................................................................................................................................................. 46 C. Grievance Resolution Procedure ............................................................................................................ 46 D. Resolution of Group Complaints ............................................................................................................ 49 E. Additional Mechanisms ............................................................................................................................ 50 F. Complaint Documentation ....................................................................................................................... 50

VIII. Institutional Arrangements and Implementation .................................................................... 51

A. Institutional Setup..................................................................................................................................... 51 B. Roles of ADB ............................................................................................................................................. 54 C. Capacity Building....................................................................................... Error! Bookmark not defined. D. Implementation Schedule ........................................................................................................................ 55 E. Notice to Start Civil Works ....................................................................................................................... 55

IX. Budget and Financing .............................................................................................................. 56

A. Indicative Resettlement Budget .............................................................................................................. 56 B. Fund Flow Management and Disbursement .......................................................................................... 56

X. Monitoring and Reporting ........................................................................................................ 58

A. Internal Monitoring ................................................................................................................................... 58 a) Objective ................................................................................................................................................................ 58 b) Responsibilities ..................................................................................................................................................... 58 c) Reporting Contents ............................................................................................................................................... 58 d) Main Indicators ...................................................................................................................................................... 59

B. External Monitoring .................................................................................................................................. 59 C. Reporting Schedule .................................................................................................................................. 60

Annexes ............................................................................................................................................ 61

Annex 1: IOL Results......................................................................................................................................... 61 Annex 2: Public Information Brochure ............................................................................................................ 66 Annex 3: Minutes of Public Consultation Meetings ....................................................................................... 69 Annex 4: Grievance Redress Forms ................................................................................................................ 81 Annex 5: Preliminary Replacement Cost Study Report................................................................................. 84 Annex 6: Detailed Budget ................................................................................................................................. 95 Annex 7: Draft TOR for External Monitoring ................................................................................................... 96


TABLES AND FIGURES Table 1: Existing DED and TRTA Recommendation for Proposed Improvements ................................. 5 Table 3: Gap Analysis and Reconciliation of ADB’s SPS (2009) and RGC’s SOP ................................. 12 Table 4: Summary of Elements of Full Replacement Cost ...................................................................... 17 Table 6: Affected Tress and Crops ............................................................................................................. 19 Table 7: Affected Businesses ..................................................................................................................... 20 Table 8: Business Interruption Duration .................................................................................................... 21 Table 9: Affected Houses and Structures .................................................................................................. 22 Table 10: Affected Households and Persons ............................................................................................ 23 Table 11: Affected Public Facilities ............................................................................................................ 24 Table 12: Distribution of Sample AHs ........................................................................................................ 24 Table 13: Education Level of HH Heads ..................................................................................................... 25 Table 14: Primary Employment Status of HH Heads ................................................................................ 25 Table 14: Average Annual Income by Type of Employments .................................................................. 26 Table 16: Entitlement Matrix ........................................................................................................................ 34 Table 17: Summary of Additional Information Explained and Disclosed ............................................... 41 Table 18: Public Consultation Meetings Held during BRP Preparation ................................................. 42 Table 19: Summary of Key Questions and Responses ............................................................................ 43 Table 20: Summary Consultation and Participation Arrangements ....................................................... 44 Table 20: Summary of Information Disclosure Arrangements ................................................................ 44 Table 22: PGRC Composition ..................................................................................................................... 46 Table 23: Grievance Redress Procedure ................................................................................................... 47 Table 24: LAR Implementation Schedule ................................................................................................... 55 Table 25: Activities and Indicators for Internal Monitoring ..................................................................... 59 Table 25: Tentative Reporting Schedule .................................................................................................... 60

Figure 1: Subproject Roads of RNIP-II ......................................................................................................... 4 Figure 3: TREA Market Section and Affected Businesses ....................................................................... 21 Figure 4: Procedures of GRM ...................................................................................................................... 49 Figure 5: Institutional Setup ........................................................................................................................ 51 Figure 6: Budget Disbursement Procedures ............................................................................................. 57

ABBREVIATIONS

ADB Asian Development Bank APs/AHs Affected Persons/Affected Households BRP Basic Resettlement Plan COI Corridor of Impact COVID-19 Coronavirus Disease-2019 DED Detailed Engineering Design DIMDM Department of Internal Monitoring and Data Management DMS Detailed Measurement Survey DRP Detailed Resettlement Plan EA Executing Agency GRM Grievance Redress Mechanism HCS HCS HHs Households IOL Inventory of Losses IRC Inter-Ministerial Resettlement Committee IRP Income Restoration Program LAR Land Acquisition and Resettlement MPWT Ministry of Public Works and Transport NR23 National Road No. 23 PDEF Provincial Department of Economy and Finance PGRC Provincial Grievance Redress Committee PIB Public Information Brochure PMIC Project Management and Implementation Consultant

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PMU Project Management Unit PR312 Provincial Road No. 312 PRSC Provincial Resettlement Sub-Committee RD3 Resettlement Department Unit 3 of GDR RNIP Road Network Improvement Project RGC Royal Government of Cambodia RSC Replacement Cost Study ROW Right of Way SES Socioeconomic Survey SLC Social Land Concession SPS Safeguard Policy Statement SOP Standard Operating Procedures for LAR for in Cambodia TRTA Transaction Technical Assistance U4/R4 Urban/Rural Section of Class 4 Road U5/R5 Urban/Rural Section of Class 5 Road VAHs Vulnerable AHs VAPs Vulnerable APs

Terminologies Terminology Definition Affected Household (AH)

In the case of affected households, it includes all affected persons residing under one roof and operating as a single economic unit, who are adversely affected by a project or any of its components.

Affected Persons

In the context of involuntary resettlement, affected persons are those who are physically displaced (relocation, loss of residential land, or loss of shelter) and/or economically displaced (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. (ADB SPS 2009.) Affected persons are also refer as displaced persons.

Basic Resettlement Plan (BRP)

Prepared when the development partners’ safeguard policies require a resettlement plan for review and approval before the completion of detailed design and/or land demarcation. Also referred as an Initial Resettlement Plan.

Compensation Payment in cash or in kind for an asset or a resource that is acquired or affected by a project at the time the asset needs to be replaced. 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.

Corridor of Impact (COI)

It is the area which is required by the project or by the need to retain sites for future use for construction or for repair and maintenance of public works.

Consultation A process that (i) begins early in the project preparation stage and is carried out at different stages of the project and land acquisition and involuntary resettlement cycle; (ii) provides timely disclosure of relevant and adequate information in Khmer Language that is understandable and readily accessible to affected people; (iii) is undertaken in an atmosphere free of intimidation or coercion with due regard to cultural norms; and (iv) is gender inclusive and tailored to the needs of disadvantaged and vulnerable groups; enables to consider the incorporation of all relevant views of affected people and other stakeholders into decision making, such as project design, mitigation measures and implementation issues.

Cut-off Date for Eligibility:

This refers to the date that establishes the eligibility of receiving compensation and resettlement assistance by the project APs. Only those APs who own, occupy or reside on the land to be acquired for the subproject under the Project as of this date will be eligible for receiving compensation and resettlement assistance in accordance with the Entitlement Matrix specified in the BRP


Detailed Measurement Survey (DMS)

With the aid of the approved detailed engineering design, this activity involves the finalization of inventory of losses, measurement of losses, 100% socio-economic survey, and 100% census of APs.

Detailed Resettlement Plan (DRP)

Prepared when detailed designs or land demarcation have been completed and the full impacts following a detailed measurement survey are known. Also referred as Full Resettlement Plan or Resettlement Action Plan. When a Basic Resettlement Plan has been prepared, the Detailed Resettlement Plan is an update of the Basic Resettlement Plan.

Economic Displacement

Refers to loss of land, assets, access to assets, income sources, or means of livelihood as a result of (i) involuntary acquisition of land; or (ii) involuntary restrictions on land use or on access to legally designated parks ad protected areas.

Eligibility Refers to any person or persons, household, firm, private or public institution who has settled in the Project area before the cut-off date, that (i) loss of shelter, (ii) loss of assets or ability to access such assets, permanently or temporary, or (iii) loss of income sources or mean of livelihood, regardless of relocation will be entitled to be compensation and/or assistance.

Entitlement Refers to a range of measures comprising compensation, income restoration support, transfer assistance, 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

Income Restoration This is the reestablishment of productive livelihood of the affected persons to enable income generation equal to or, if possible, better than that earned by the affected persons before the resettlement.

Inventory of Losses (IOL)

This is the process where all fixed assets (i.e. lands used for residence, commerce, agriculture, including ponds; dwelling units; stalls and shops; secondary structures, such as fences, tombs, wells; trees with commercial value; etc.) and sources of income and livelihood inside the Project right-of-way are identified, measured, their owners identified, their exact location pinpointed, and their replacement costs calculated. 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.

Involuntary Resettlement

Refers to when displaced persons have no right to refuse land acquisition by the state that result in their displacement which occurs when land is acquired through (i) expropriation by invoking the eminent domain power of the state, or (ii) land isacquired through negotiated settlement when the pricing is negotiated, and thefailure will result in expropriation through invoking the eminent domain of power ofthe state.

Land Acquisition Refers to the process whereby an individual, household, firm or private institution is compelled by a public agency to alienate all or part of the landed owns or possesses to the ownership and possession of that agency for public purposes in return for compensation at replacement costs

Physical Displacement

Refers to relocation, loss of residential land, or loss of shelter because of (i) involuntary acquisition of land; or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas.

Relocation This is the physical relocation of a displaced person from her/his pre-project place of residence and/or business.

Replacement Cost Replacement cost involves replacing an asset at a cost prevailing at the time of its acquisition. This includes fair market value, transaction costs, interest accrued, transitional and restoration costs, and other applicable payments, if any. Where there are no active market conditions, replacement cost is equivalent to delivered cost of all building materials, labor cost for construction, and any transaction or relocation cost. In applying this method of valuation, depreciation of structures and assets should not be considered for replacement cost.

Replacement Cost Study( RCS)

This refers to the process involved in determining replacement costs of affected land and assets and performed by an independent qualified national consultant (firm or individual) with necessary expertise to carry out asset valuation.

Resettlement Plan This is a time-bound action plan, with budget, setting out the resettlement objectives and strategies, entitlements the income and livelihood restoration strategy,

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institutional arrangements, monitoring and reporting framework, budget, and implementation schedule. The outline Resettlement Plan is in Annex to Appendix 2 of the ADB Safeguard Policy Statement (2009)

Right of Way (ROW) The area, owned or still to be acquired, reserved for public use or for a government project.

Vulnerable Group

These are distinct groups of affected persons who are likely to be more adversely affected than others and who are likely to have limited ability to reestablish their livelihoods or improve their status and comprise: (i) households falling under the Cambodia’s national poverty line, (ii) female headed households with dependents, living below the national poverty line, (iii) disabled household heads with no other means of support, (iv) elderly households, with no other means of support, (v) landless poor living below the national poverty line, and (vi) indigenous people or ethnic minorities (who often have traditional land rights but no formal titles).

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EXECUTIVE SUMMARY

A. Project and Subproject Description

1. The proposed Road Network Improvement Project, Phase 2 (RNIP-II), will support thegovernment’s transport sector priorities to enhance connectivity and efficient movement in Cambodiaand within the Great Mekong Subregion (GMS) through national and provincial road rehabilitationand development, as well as improving axle load control and strengthening awareness of road safetyand potential social problems. The proposed RNIP-II will be financed by the Asian DevelopmentBank (ADB) and will consist of two subprojects: (i) rehabilitation of 19.80km of National Road No.23(NR23); and (ii) rehabilitation of 28.38km of Provincial Road No.312 (PR312). This basicresettlement plan (BRP) is prepared for PR312 subproject. The PR312 subproject is in Prey VengProvince and majority of the length of the road traverses in flat terrain starting from NR1 at Samrongvillage in Lvea Commune and ends at the Cambodia-Vietnam border at Kokour village in BanteayChakrey Commune. The existing road, with paved width of only 5.5m, is highly deteriorated. It willbe: (i) upgraded and widened to 7.0m with double bituminous surface treatment from chainage0+000 to 27+700, and (ii) paved with concrete from chainage 27+700 to 28+383 without wideningas the road between these chainages is 18m wide. The PR312 is very vital for cross border trafficand trade link between Cambodia and Vietnam.

B. Scope of Land Acquisition and Resettlement

2. Table ES1 summarizes the main land acquisition and resettlement (LAR) impacts andaffected households under the PR312 subproject. The subproject will (i) acquire 13,731.00m2 ofresidential and agricultural land; (ii) affect 902.20m2 of houses and house cum shops (HCSs); (iii)relocate houses and HCSs for 26 households; and (iv) relocate businesses to new sites for 29households.

Table ES1: Summary of Scope of Land Acquisition and Resettlement No.

Impact Commune

Total Lvea Chey Kampot

Angkor Reach

Banteay Chakrey

1 Land Acquisition (m2) 0.00 0.00 0.00 13,731.00 13,731.00 2 Affected Non-land Assets 2.1 Annual Crop (m2) 0.00 0.00 0.00 7,193.00 7,193.00 2.2 Trees (No.) 841 251 969 2,026 4,087 2.3 Houses & HCSs (m2) 108.50 28.00 145.20 620.50 902.20 2.4 Shops, stalls/vendors (No.) 5 4 125 29 163 3 Affected Businesses (No.) 9 5 132 44 190 3.1 Marginal impact without interruption (No.) 5 3 89 23 120 3.2 Temporary interruption (shifting back shops/HCSs) 4 2 12 20 38 3.3 Permanent stoppage (or reestablishment on new sites) 0 0 31 1 32 4 Affected HHs (No.)a) 168 63 506 514 1,251 4.1 By Land Acquisition 0 0 0 5 5 4.2 By Affected Non-land Assets 168 63 506 514 1,251 4.3 By Affected Businesses 9 5 132 44 190 5 Affected Persons (No.)a) 694 240 2,161 2,169 5,264 5.1 By Land Acquisition 0 0 0 27 27 5.2 By Affected Non-land Assets 694 240 2,161 2,169 5,264 5.3 By Affected Businesses 39 23 605 192 859 6 AHs Experience Major Impacts (No.) 2 0 34 19 55 6.1 Relocation of Houses/HCSs 2 0 5 19 26 6.2 Reestablishment of Businesses on New Sites 0 0 29 0 29 7 APs Experience Major Impacts (No.) 10 0 157 74 241 7.1 Relocation of Houses/HCSs 10 0 21 74 105 7.2 Reestablishment of Businesses on New Sites 0 0 136 0 136 8 Potential VAHs (No.) 42 16 127 128 313 8.1 VAHs experience major impact 0 1 2 0 3


9 Potential VAPs (No.) 173 61 542 540 1,316 9.1 VAPs experience major impact 0 4 6 0 10 Source: inventory of losses. a): without double counting Note: All Data in this BRP is estimated. The actual data will be confirmed during DMS and included in the DRP.

3. Overall, the subproject will affect 1,251 households (5,264 persons), including 55 AHs/241APs who will experience major impacts due to loss of houses and businesses. The TRTA consultantsprojected that there will be 313 potential vulnerable affected households (VAHs) with 1,316vulnerable affected persons (VAPs) including 3 VAHs/10 VAPs experiencing major impact.

C. Legal Framework and Entitlements

4. This basic resettlement plan (BRP) has been prepared to address LAR impacts for thePR312 subproject in Prey Veng Province. It is consistent with the relevant laws and regulations ofthe Royal Government of Cambodia (RGC) and ADB Safeguard Policy Statement (2009).

5. The basic compensation and rehabilitation principles adopted in this BRP are: (a) landacquisition is minimized if avoidance is not possible; (b) compensation and cash and noncashassistance will be provided to help ensure that affected persons (APs) are able to maintain, if notimprove, their pre-subproject living standards; (c) APs are fully informed and consulted oncompensation and relocation options; (d) existing socio-cultural institutions of APs are supportedand used; (e) the RNIP-II resettlement policy will equally apply to women and men; (f) lack of formaltitle will not be a bar to compensation and rehabilitation; (g) particular attention will be extended tovulnerable groups, such as households headed by women and the elderly with no other socialsupport; (h) resettlement is planned and implemented as an integral part of the RNIP-II and that thebudget for resettlement is part of RNIP-II costs; and (i) APs are not displaced from assets until theyare fully compensated for the same.

6. For the purposes of this BRP, the cut-off date for eligibility to subproject entitlementscoincides with the date the public consultative meeting held prior to the IOL where RNIP-II andPR312 subproject was discussed, including the policy on the cut-off date for eligibility to subprojectentitlements. The public consultative meeting was held on 04 March 2020 which establishes the cut-off date.

D. Consultation and Participation and Disclosure

7. Information disclosure and consultations with the APs were carried out during the BRPpreparation. Three formal public consultation meetings were held during 04 March 2020, where 379people (43.3% were females) from four affected communes participated. The consultation includedinformation on the project and subproject design, LAR planning procedures, compensation policyand grievance redress mechanisms. Prior to the consultations meeting, public information brochures(PIBs) were distributed to the participants. The concerns of APs were timely responded during theconsultation meetings and their concerns regarding LAR are addressed in this BRP.

8. Upon approval by the Inter-ministerial Resettlement Committee (IRC) and ADB, this BRPwill be uploaded on the ADB and Ministry of Public Works and Transport (MPWT) websites. Theupdated PIBs will be further distributed and explained to all affected households prior to detailedmeasurement survey (DMS). The updated PIBs will be explained to the APs during house-to-houseDMS. The detailed resettlement plan (DRP) in Khmer Language, an update of this BRP after theDMS and replacement cost study (RCS), will also be made available in the affected communes,district, and province. Public consultation meetings will also be organized in the affected communesprior to DMS and before detailed resettlement plan (DRP) implementation.

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E. Grievance Redress Mechanism

9. The grievance redress mechanism (GRM) has been designed to ensure that the concernsand complaints of the APs are readily addressed at the local level in a timely and satisfactory manner.The APs will be made fully aware of their rights through verbal and written means during resettlementplanning, updating, and implementation. The GRM for the PR312 subproject will be formallyestablished by the setting up the provincial grievance redress committee (PGRC) in Prey VengProvince and made fully functional before the commencement of DMS. Any AP, in addition toseeking community level resolution to his/her grievance through community or commune chiefs orseniors, can formally lodge his/her grievance at district, GDR and PGRC levels through standardprocedures as specified in this BRP.

F. Institutional Arrangements and Implementation

10. The RNIP-II will be implemented by the MPWT as the executing agency (EA) through aProject Management Unit (PMU), which will support the EA to undertake the overall oversight andmanagement of the RNIP-II.

11. The IRC, through the General Department of Resettlement (GDR) of the Ministry ofEconomy and Finance, are responsible for updating, implementing, monitoring, and reporting of theBRP/DRP. At the provincial level, the MPWT and IRC are assisted by the ResettlementSubcommittee in the provinces and districts through the Provincial Resettlement Sub-CommitteeWorking Groups (PRSC-WGs)

G. Budget

12. The total indicative budget estimate for the PR312 subproject is $1,835,256.43, including (i)$1,445,083.80 as direct cost; (ii) $28,901.68 (2.0% of direct cost) for external monitoring; (iii)$144,508.38 (10.0% of direct cost) for administration expenses; and (iv) $216,762.57 (15.0% ofdirect cost) as contingency. The budget will be finalized following the approval of the RNIP-II andbased on the results of the DMS, the RCS, and the approved detailed engineering design (DED).The budget will be entirely financed from the national budget and no ADB loan funds will be required.

H. Monitoring and Reporting

13. The Department of Internal Monitoring and Data Management (DIMDM) of GDR will beresponsible for carrying out internal monitoring, which will (i) review the monthly progress reportsprovided by the relevant Resettlement Department, including fielding its own missions to verify theprogress and the validity of the data and information, where necessary; and (ii) compile quarterlyprogress or internal monitoring reports for submission to ADB. Both PR312 and NR23 are classifiedas Category A for involuntary resettlement impacts and will be subject to external monitoring.However, the involuntary resettlement impacts will be revisited during the detailed engineeringdesign and DMS to reconfirm or reclassify the category of the two subprojects in the DRP. GDR willrecruit a qualified and experienced external monitoring organization (EMO, a local firm or anindividual) to verify the internal monitoring reports The EMO will (i) verify the monitoring informationand advice GDR on any safeguard compliance issues in the implementation of the LAR activities;(ii) determine if they comply with the provisions agreed in the DRP; (iii) identify any issues or potentialissues that are or may negatively impact the satisfactory implementation of the DRP; (iv) suggestand prepare corrective action plan and mitigation measures; and (v) assess livelihood restorationstatus of AHs through baseline and end line surveys.


I. Introduction

A. Project Overview

1. The proposed Road Network Improvement Project, Phase 2 (RNIP-II) is a priority project ofthe Royal Government of Cambodia (RGC). The RNIP-II will support the government’s transportsector priorities to enhance connectivity and efficient movement in Cambodia and within the GreatMekong Subregion through national and provincial road rehabilitation and development, as well asimproving axle load control and strengthening awareness of road safety and potential socialproblems. The proposed RNIP-II consists of two subprojects: (i) rehabilitation of 19.8km of NationalRoad No.23 (NR23); and (ii) rehabilitation of 28.38km of Provincial Road No.312 (PR312). TheMinistry of Public Works and Transport is the executing agency for the proposed RNIP-II. Theproposed subproject roads are shown in Figure 1.

Figure 1: Subproject Roads of RNIP-II

2. The RGC intends to obtain a loan from the Asian Development Bank (ADB) to finance theproposed RNIP-II. ADB has recruited and mobilized a team of consultants under its TransactionTechnical Assistance (TRTA) during 2019-2020, to assist the EA to (i) review and improve theexisting detailed engineering designs (DED) for NR23 and PR312 by proposing specific and concreterequirements based on road safety audits and other additional studies; and (ii) prepare social and

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environmental safeguard planning documents and other proposed project related documents as per both ADB and RGC’s legal policy requirements.

3. The NR23 subproject is in Kendal Province and it traverses in flat terrain starting fromNR21B at Preak Thmey village in Kampong Kong Commune and ending at NR14 at Peam RaingLeur village in Peam Raing Commune. The existing road, mostly built as a flood control embankmentby labour based method is incomplete, unpaved and inaccessible during the rainy season.1 TheNR23, once upgraded, will greatly improve the transport conditions of the communities along theroad. The area is famous for mango production and the road will therefore add values to mangoproduction and exportation.

4. The PR312 subproject is in Prey Veng Province and the road traverses in flat terrain startingfrom NR1 at Samrong village in Lvea Commune and ends at the Cambodia-Vietnam border atKokour village in Banteay Chakrey Commune. About 18.1km or 63.7% of PR312 passes through adensely populated urban area whereas the remaining 10.3km or 36.3% cuts through rural areas.The PR312 is highly deteriorated but is very vital for cross border traffic and trade link betweenCambodia and Vietnam.

B. PR312 Rehabilitation

5. This BRP is prepared for PR312 subproject. The proposed PR312 will rehabilitate/widenapproximately 28.38km of a highly deteriorated non-classed road to Class R4/U4 Road of CambodiaTechnical Design Standard.2 It will be (i) upgraded and widened to 7.0m with double bituminoussurface treatment from chainage 0+00 to 27+700, and (ii) repaved with reinforced from chainage27+700 to 28+383 without further widening as this road section is already 18.0m wide.

a) Existing Detailed Engineering Designs

6. A detailed engineering design (DED) was completed for PR312 by TERA consultants in2017.3 In this DED, the road alignment basically follows the existing road alignment except at onelocation where a new alignment of about 400m was designed to avoid a sharp curve. However, theexisting DED was not subject to road safety audits. Therefore, the ADB TRTA consultants havereviewed the existing DED and the main technical parameters of the existing DED. The ADB TRTAconsultants have proposed improvements to the existing DED shown in Table 1. The existing DEDwas officially approved since it was completed.

Table 1: Existing DED and TRTA Recommendation for Proposed Improvements Parameter Existing DED (2017) TRTA Recommendation (2020)

Rural Urban Rural Urban Road Class R5 U5 R4 U4 Design speed (km/h) 80/60a) 60/40a) 90 70 Lanes (No.) 2 2 2 2 Lane width (m) 3.5 3.5 3.5 3.5 Shoulder width (m) 1.5 1.5 3.0 2.5 Sidewalk width (m) - 1.5 - 2.5 Total cross section width (m) 11.0b) 14.0b) 14.0b) 17.0 Minimum curve radius (m) 300/250a) 250/200a) 320 230 LAR Category B A a): desirable/minimum; b): includes 0.5m x 2 verges or margins

1 There is a walking track section of about 2.0km (PK17+000~PK19+000), yet it ends at a water body (PK19+000~PK19+100) even in dry season.

2 Final road class will be known after MPWT’s revision of the DED. 3 TERA INTERNATIONAL GROUP, INC. USA.


b) Suggested Improvements to Existing DED

7. One the key task of the 2019-2020 ADB TRTA consultants is to assist EA to improve theDEDs of the two subprojects by proposing specific and concrete requirements based on road safetyaudit and other additional technical studies. The following improvements have been recommendedby the TRTA consultants:

(i) change the road class from R5/U5 to R4/U4 with consequent changes of technicalparameters indicated in Table 1 above;

(ii) realign intersections at chainages 7+200 and 24+450 to improve the intersection withT-junctions to enhance traffic management;

(iii) construct about 90 side roads or side-tracks; and(iv) provide outfalls for all longitudinal underground drains

8. The existing DED drawings have not been modified with the above recommendations.MPWT will need to revise the DED drawings, but there will be some uncertainties whether all theproposed improvements will be included or not. The proposed improvements in Table 1 will requireadditional land as the road shoulder width has been increased from 1.5m to 3.0m. The increase inthe shoulder width is primarily to make the road safer. While the road shoulder width will be extendedby 3m, the TRTA consultants have suggested road design alternatives (para. 9) that will reduce IRimpacts on existing structures within the corridor of impact (COI) but inside the right-of-way.

c) Design Changes during Construction

9. This subproject will adopt output and performance-based road contract that will allow thecontractor to propose alternate and cost-effective design changes during construction. These designchanges will also consider minimizing of involuntary resettlement impacts. In urbanized and denselypopulated sections of PR312 design alternatives such as bypass for through traffic and reduction intechnical standards to U5/R5 will be explored and examined to minimize involuntary resettlementimpacts. Upon approval of the design changes by the EA, such design changes will be implemented.The design changes may also cause additional or reduce LAR impacts which may require theupdating of this BRP into a detail resettlement plan (DRP).

C. Involuntary Resettlement Categorization

10. Prior to the TRTA recommended improvements to the existing DED of PR312, landacquisition and involuntary resettlement (LAR) impact was considered insignificant as the subprojectwas designed to rehabilitate an existing one lane road to two-lane road of Class R5/U5 (Table 1)mostly within the existing right of way (ROW). ADB had therefore classified the subproject asCategory B for involuntary resettlement impact. However, if the road is to be upgraded from ClassR5/U5 to R4/U4, as recommended by the TRTA Consultants, the subproject shall be reclassified asCategory A as the inventory of losses (IOL) had identified 241 affected persons (APs) from 55affected households (AHs) who will experience major impacts and will need to relocate their housesand businesses.4 However, the subproject classification category will be reviewed and re-confirmedfor reclassification after completion of detailed measurement survey (DMS) that will be based onfinal DED5 incorporating resettlement mitigating measures, if any.

D. BRP

11. For project or subproject or project component involving LAR impacts, per policyrequirements of both ADB and RGC, the preparation of a BRP is required at project preparationstage. For the proposed RNIP-II, only the NR23 and PR312 subprojects have LAR impacts;

4 The major impacts could be mostly avoided if the subproject adopts the R5/U5 of DED. 5 Final DED will be carried out by the contractor.

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therefore, the preparation of separate BRPs for NR23 and PR312 are required as the two roads are in two different provinces.

12. This BRP is prepared for PR312 subproject under the proposed RNIP-II. It meets therequirements of the ADB’s Safeguard Policy Statement (SPS) 2009 and RGC’s laws and regulationsrelated to LAR. Details of the legal framework for LAR are presented in Section II of this BRP.

13. This BRP will serve as a safeguard planning document for loan approval by ADB, and it willalso serve as a basic document for preparing a DRP after the completion of DED, DMS andreplacement cost study (RCS). The BRP follows the structure outlined in the RGC’s StandardOperating Procedures (SOP) for LAR for externally financed projects.6

14. The preparation of this BRP is based on:(i) IOL of affected land and non-land assets within the preliminary defined corridor of

impact (COI) including ownership/title status. The draft COI was demarcated bydifferential global position system which followed the DED alignment considering therecommended improvements of the TRTA Consultants.

(ii) Valuation of IOL identified land and non-land assets for budgeting through preliminaryRCS.

(iii) Informal and formal public consultation and participation at the affected communesand villages and among affected households (AHs).

(iv) Socioeconomic survey of sample households among AHs identified by IOL.

15. Upon revision of the DED by the contractor and approval by MPWT and prior to subprojectconstruction, the General Department of Resettlement (GDR) of the Ministry of Economy andFinance (MEF) with the assistance of Project consultants will update this BRP into DRP forimplementation.

E. Measures Minimizing LAR Impact

16. The subproject is to rehabilitate the existing road sections and construction will be mostlywithin a narrow COI of 25-30m on the existing right of way (ROW) of 40m, except at PK23+000-23+400 where a short cut 400m was designed to avoid a sharp curve for the sake of traffic safety inthe future. As a consequence, LAR impact is at the minimum level.17. If the project still follows the existing DED other than the TA recommended design, (i.e.,narrower shoulders, as described in Table 1), the LAR impact could be significantly reduced.

6 https://www.mef.gov.kh/documents/shares/investment/sop-sub-decree-8-june-2012.pdf. It is an operating manual promulgated under Sub-Decree No. 22 ANK/BK on 22 February 2018.

https://www.mef.gov.kh/documents/shares/investment/sop-sub-decree-8-june-2012.pdf


II. Legal and Policy Framework

18. The legal framework for LAR of the proposed RNIP-II is based on ADB SPS (2009) and thenational legal framework of RGC. In case there are any differences between requirements set bynational legal framework and ADB SPS (2009), the latter should take precedence.

A. National Legal and Policy Framework

19. There are existing laws that govern land acquisition and resettlement in Cambodia. Theselaws, along with the ADBs SPS, shall govern the procedures for land acquisition and resettlementfor the PR312 subproject.

20. The RGC’s 2010 Expropriation Law is the main legal framework that governs landacquisition and involuntary resettlement. The 2010 Expropriation Law has listed the development ofpublic infrastructure as one of its objectives and extended the definition of public infrastructure toany infrastructure “required by the Nation in accordance with the determination made by thegovernment.” Public interest is also understood in a broad manner as “the use of land or property bythe public or by public institutions or their agents.” The expropriation of the ownership of immovableproperty and real right to immovable property can be exercised only if the Expropriation Committeehas paid fair and just compensation in advance to the owner and/or holder of real right.

21. Some of the Key Articles of the 2010 Expropriation Law are listed below:(i) Article 2: the law has the following purposes: (a) ensure just and fair deprivation of a

legal rights to private property; (b) ensure prior fair and just compensation; (c) servethe national and public interests; and (d) development of public physicalinfrastructure.

(ii) Article 7: Only the State may carry out an expropriation for use in the public andnational interests.

(iii) Article 8: The State shall accept the purchase of part of the real property left over froman expropriation at a reasonable and just price at the request of the owner of and/orthe holder of right in the expropriated real property who is unable to live near theexpropriated scheme or to build a residence or conduct any business.

(iv) Article 12: An Expropriation Committee shall be established and headed by arepresentative from the MEF and composed of representatives from relevantministries and institutions. The organization and functioning of the ExpropriationCommittee shall be determined by a sub-decree [Sub Decree No 22 ANK/BKpromulgated on 22 February 2018].

(v) Article 16: Before proposing an expropriation project, the Expropriation Committeeshall publicly conduct a survey with detailed description about the owner and/orrightful owner of the immovable property and other properties which might needcompensation; and all other problems shall be recorded as well. In conducting thissurvey, the Expropriation Committee shall arrange a public consultation with theauthorities at provincial, district and commune level, the commune councils andvillage representatives or the communities affected by the expropriation to give themclear and specific information and to have all opinions from all concerned partiesabout the proposed public infrastructure project.

22. Under the Article 3 of the 2010 Expropriation Law that governs the provision for projectsfinanced by development partners in Cambodia, the RGC issued in 2018 the Standard OperatingProcedures (SOP) for Land Acquisition and Involuntary Resettlement (LAR). 7 The SOP forExternally Financed Projects in Cambodia and LAR (2018), reflects RGC’s laws and regulations

7 Accessible at https://www.mef.gov.kh/documents/laws_regulation/LAR-SOP-Final-13032018.pdf

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relating to the acquisition of land and the involuntary resettlement of AP and the safeguard policies and procedures of Development Partners as applied to public infrastructure investment projects, such as the proposed the Project. Where appropriate, the SOP includes references to international good practices in resettlement planning, implementation, monitoring, and reporting. The SOP has been promulgated under Sub Decree No. 22 ANK/BK on 22 February 2018 and applies to all externally financed projects in the Kingdom of Cambodia. The GDR of the Ministry of Economy and Finance (MEF) is responsible for providing guidance and clarification to users of the SOP. Given that the subproject under the proposed RNIP-II is to be funded by ADB, the provisions of SOP will apply to the subproject and therefore should be read together with this BRP.

B. ADB Safeguard Policy Statement (SPS) 2009

23. For any ADB operation requiring involuntary resettlement, resettlement planning is anintegral part of project design, to be dealt with from the earliest stages of the project cycle. The SPS(2009)8 of ADB sets guidance and requirements for resettlement planning, as well as the follow-upimplementation.

24. The objectives of ADB’s safeguard policy on involuntary resettlement are: to avoidinvoluntary resettlement wherever possible; to minimize involuntary resettlement by exploring projectand design alternatives; to enhance, or at least restore, the livelihoods of all affected persons in realterms relative to pre-project levels; and to improve the standards of living of the displaced poor andother vulnerable groups.

25. The three important elements of ADB’s involuntary resettlement policy are: (i) compensationto replace lost assets, livelihood, and income; (ii) assistance for relocation, including provision ofrelocation sites with appropriate facilities and services; and (iii) assistance for rehabilitation toachieve at least the same level of well-being with the project as without it.

26. The policy principles for involuntary resettlement are:(i) Screen the project early on to identify past, present, and future involuntary

resettlement impacts and risks. Determine the scope of resettlement planning througha survey and/or census of affected persons, including a gender analysis, specificallyrelated to resettlement impacts and risks.

(ii) Carry out meaningful consultations with affected persons, host communities, andconcerned nongovernment organizations. Inform all affected persons of theirentitlements and resettlement options. Ensure their participation in planning,implementation, and monitoring and evaluation of resettlement programs. Payparticular attention to the needs of vulnerable groups, especially those below thepoverty line, the landless, the elderly, women and children, and Indigenous Peoples,and those without legal title to land, and ensure their participation in consultations.Establish a grievance redress mechanism to receive and facilitate resolution of theaffected persons’ concerns. Support the social and cultural institutions of affectedpersons and their host population. Where involuntary resettlement impacts and risksare highly complex and sensitive, compensation and resettlement decisions shouldbe preceded by a social preparation phase.

(iii) Improve, or at least restore, the livelihoods of all affected persons through (a) land-based resettlement strategies when affected livelihoods are land based wherepossible or cash compensation at replacement value for land when the loss of landdoes not undermine livelihoods, (b) prompt replacement of assets with access toassets of equal or higher value, (c) prompt compensation at full replacement cost for

8 SPS is available at: https://www.adb.org/documents/safeguard-policy-statement

https://www.adb.org/documents/safeguard-policy-statement


assets that cannot be restored, and (d) additional revenues and services through benefit sharing schemes where possible.

(iv) Provide physically and economically affected persons with needed assistance,including the following: (a) if there is relocation, secured tenure to relocation land,better housing at resettlement sites with comparable access to employment andproduction opportunities, integration of resettled persons economically and sociallyinto their host communities, and extension of project benefits to host communities; (b)transitional support and development assistance, such as land development, creditfacilities, training, or employment opportunities; and (c) civic infrastructure andcommunity services, as required.

(v) Improve the standards of living of the displaced poor and other vulnerable groups,including women, to at least national minimum standards. In rural areas provide themwith legal and affordable access to land and resources, and in urban areas providethem with appropriate income sources and legal and affordable access to adequatehousing.

(vi) Develop procedures in a transparent, consistent, and equitable manner if landacquisition is through negotiated settlement to ensure that those people who enterinto negotiated settlements will maintain the same or better income and livelihoodstatus.

(vii) Ensure that affected persons without titles to land or any recognizable legal rights toland are eligible for resettlement assistance and compensation for loss of non-landassets.

(viii) Prepare a resettlement plan elaborating on affected persons’ entitlements, theincome and livelihood restoration strategy, institutional arrangements, monitoring andreporting framework, budget, and time-bound implementation schedule.

(ix) Disclose a draft resettlement plan, including documentation of the consultationprocess in a timely manner, before project appraisal, in an accessible place and aform and language(s) understandable to affected persons and other stakeholders.Disclose the final resettlement plan and its updates to affected persons and otherstakeholders.

(x) Conceive and execute involuntary resettlement as part of a development project orprogram. Include the full costs of resettlement in the presentation of project’s costsand benefits. For a project with significant involuntary resettlement impacts, considerimplementing the involuntary resettlement component of the project as a stand-aloneoperation.

(xi) Pay compensation and provide other resettlement entitlements before physical oreconomic displacement. Implement the resettlement plan under close supervisionthroughout project implementation.

(xii) Monitor and assess resettlement outcomes, their impacts on the standards of livingof affected persons, and whether the objectives of the resettlement plan have beenachieved by considering the baseline conditions and the results of resettlementmonitoring. Disclose monitoring reports.

27. The ADB SPS 2009 distinguishes three categories of affected persons (APs) with variablecompensation needs:

(i) APs with formal legal rights to land lost in its entirety or in part;(ii) APs without formal legal rights to land lost in its entirety or in part but who have claims

to such lands that are recognized or are recognizable under national law, and;

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(iii) APs who have neither formal legal rights nor recognized/recognizable claims to landlost in its entirety or in part.

28. For categories (i) and (ii) above, borrowers are expected to provide compensation at fullreplacement cost for loss of land, structures, land improvements and relocation assistance. For APsin category (iii) (informal settlers), the borrower/client is expected to compensate all non-land assetsother than land (i.e. buildings, trees, cops, businesses) at full replacement cost. The risk ofopportunistic encroachment on land designated for acquisition by the project is managed through acut-off date.

29. Compensation for lost land may be in the form of replacement land (preferable if feasible)or in cash. When “land for land” compensation is not feasible cash compensation can be valuedbased on market rates or, in absence of land markets, through other methods (i.e. land productivityor reproduction costs). Independently from the valuation method used, compensation is to beprovided at “full replacement cost”. Compensation for all other assets is to be provided in cash atreplacement cost without deductions for amortization, salvaged materials, and transaction costs.C. Other Considerations

30. Indigenous Peoples. Subprojects involving involuntary resettlement of Indigenous Peoplewill not be considered under the RNIP-II.9

31. Gender and Development. Gender concerns and issues will be considered in resettlementplanning. Gender differentiated benefit-sharing measures are included in this BRP to ensure that thewomen and men of the households are treated equally. Therefore, both women and men were invitedto actively participate in the consultation meetings. A separate gender action plan has been preparedfor the RNIP-II and it will be further updated.D. Gaps and Reconciliations

32. In general, the main principles of the RGC’s policies on land acquisition, compensation, andresettlement assistance reflect those provided in ADB’s safeguard policy of ADB. However, key gapanalysis and clarifications between ADB’s SPS (2009) and the RGC’s SOP are summarized in Table2.

9 Individual indigenous persons, if any, will not be considered as vulnerable.

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Table 2: Gap Analysis and Reconciliation of ADB’s SPS (2009) and RGC’s SOP

No. ADB’s SPS Requirements

on Involuntary Resettlement (IR) and

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Land Acquisition and Involuntary Resettlement Standard Operating

Procedures (SOP), 2018 Gap between ADB SPS and SOP Clarifications

1 Meaningful Consultations and Disclosure • Carry out Meaningful

consultations with APsincluding vulnerable groups (VGs), relevant stakeholders and information disclosure on entitlements and resettlement options.

(VGs include: those below poverty line, the landless, the elderly, female headed households, women and children, IPs, and those without legal title to land).

To comply with ADB SPS IR Principles 2, 9, 12 (page 17), para 54 (page 20), para.73 (page 26), Appendix 2, para 18 (page 47), para 26, 27, 28 (page 49)

• The SOP, in its chapter IV and under its keytasks in basic resettlement plan preparation, mentions about consultation as one of thetasks which aims at bringing awarenessabout the Project to the affectedcommunities and inform them about thepossible alignment and seek their feedback.

• In Chapter V, under key tasks in detailedresettlement plan (updated RP afterdetailed design), it mentions aboutconsultation as one of the tasks which aimsto inform APs about the overall entitlementsand methods of compensation and the GRM procedures; about relocation toResettlement Sites; and house to houseconsultation to confirm measurementsurvey.

• Chapter- VIII of SOP describes in detail theneed for public consultations, participation and disclosure. In para 126, it mentions that the consultation is undertaken throughout the project cycle

• The SOP mostly complies with therequirement of SPS (2009), however,it does not specifically mention aboutdisclosing the entitlement matrix (EM)to the people during consultation.However, it mentions that the BRP/RPand the DRP/UDRP are disclosed atthe Commune Offices for disclosure toaffected communities. The EM isintegral part if these documents andhence are disclosed to the affectedcommunities. This is explained inmore detail in Appendix 7. It is clearlypointed out that the EM and theentailments under the EM is explainedto each AH during the household-to-household consultation.

• Also, there is no mention of disclosureof monitoring reports. The SOP does not specifically mention about particular attention to women and vulnerable groups for their inclusion during consultation.

Some of the proposed clarification include: • Personal detailed information of the

displaced persons and their socio-economic status and other sensitiveinformation compromising their privacy willnot be disclosed at any time.

• DRPs/updated DRPs/resettlement monitoring reports contain summary of AP consultations (including VGs) throughout the project cycle.

• RPs/updated RPs/ resettlement monitoringreports are disclosed on the ADB andproject websites and Khmer versions left atcommunes and district levels offices.

• SOP para. 120; generic information for thePIB includes the compensation policy (thegeneric entitlements) as stated in para 119.

• Four specific consultation meetings arementioned in the SOP but as the SOPstates consultation will be carried out as anon-going process throughoutimplementation.

• ADB staff may participate in consultationmeetings.

• Efforts will be made to consult withpotentially vulnerable affected people (asdefined in para 53-55) and will be donethroughout implementation.

2. Grievance Redress Mechanism (GRM)

• Establish a GRM that isunderstandable, readily

Chapter IX of the SOP deals with GRM.

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accessible, transparent procedures, gender responsive and culturally appropriate.

To comply with ADB SPS IR Principle 2 (page 17), para 59, 60 (page 22), Appendix 2, para 29 (page 49)

• The GRM is established as a locally basedarrangement at the provincial level forreceiving, recording, assessing andfacilitating the resolution of complaints andgrievances raised by the affected persons in relation to their compensation andentitlements for the expropriation of landand other immovable property under theLaw on Expropriation.

• Status of complaints at the commune levelwill be included in the periodic monitoringreport to ADB.

• Appendix 8.2 is the Register of Complaint,however when reporting, the status ofcomplaints will be included.

3. Compensation and assistance

• Provide physically andeconomically APs with compensation and needed assistance

To comply with ADB SPS policy principle 3, 4, 5, 7 (pg 17) and Appendix 2, paras7, 8, 9,10 (page 45), 11 and12 (page 46), 16 and 17(page 47).

• The SOP includes the compensation andtransition/disturbance allowance to the APsin its entitlement.

• SOP has provisions for relocation land (forAPs with titles or recognized rights to land)and are subject to conditions i.e availabilityof government land. This does not apply toillegal squatters or occupiers.

• SOP has provisions for loss of livelihoods for all APs (limited to selection of 1 out of 3 pre-defined programs)

• SOP has provisions for providing relocationsite to eligible APs which is selectedfactoring in location, the availability of thebasic social services and infrastructuredevelopment, depending on availability ofland at affordable prices and availability ofState land near the project area.

• SOP Entitlement Matrix 2b transitionalallowance to be commensurate with thetime taken to relocate the business.

• Livelihood restoration will becommensurate with the impact assessedduring DMS social economic survey of theAPs.

• For vulnerable groups except for illegalsquatters, provision of legal and affordableaccess to adequate housing and incomesources.

• Valuation rates are valid for a period of oneyear from the date of endorsement of RCSreport by the IRC and thereafter updated.

• Affected people with legal rights both withhard and soft titles are treated the same.




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4. Procedures for Negotiated Settlement

• Develop procedures in atransparent, consistent,and equitable manner ifland acquisition is throughnegotiated settlement

To comply with ADB SPS IR safeguards policy principle 6 (page 17), para 73, (page 26), Appendix 2, para 25 (page 48-49)

• Chapter-X (Section-B) of the SOP mentionsthat in the case of acquisition of private landwhere the seller is willing to sell and thebuyer is willing to buy, such land may beacquired under a commercial contract. Theprice will be negotiated as part ofcommercial norms.

• For the willing buyer willing seller cases(where expropriation will not be used), ADBwill have access to all the documentation foron-site verification at GDR. If agreementbetween the willing buyer and willing sellercannot be reached, alternate site will beselected.

• Where negotiated settlement is applied inlieu of compulsory land acquisition based on SR 2 requirements para 25 will be followed,documented and described in theresettlement plan and information of thenegotiations included in the monitoringreports.

• A negotiated settlement will offer adequateand fair price for land/or other assets.

• Ensure that any negotiations with displacedpersons openly addresses the risks ofasymmetry of information and bargainingpower of the parties involved in suchtransactions.

• Negotiated settlement procedures will follow para 25 of Appendix 2 of SPS and agreedwith ADB.

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5. AHs (without titles or recognizable rights to land)

• Ensure that APs withouttitles to land or anyrecognizable legal rights to land are eligible forresettlement assistanceand compensation for lossof non-land assets

To comply with ADB SPS IR policy principles 2, 5, 7 (page 17), Appendix 2, paras 9, 11, 12, 16 and 17 (pages 45, 46 and 47.

Chapter-VII:

Section B para 104 states: • No compensation for land will be paid for AP

occupying land in the ROW.

Section C of the SOP states that: • The entitlement to compensation of affected

persons largely depends on the legality ofpossession or ownership to the land andother assets at the time of the Cut-Off Date.The following types of displaced personsshall be eligible to compensation, butcompensation would vary depending ontheir situation:

Legal owners and holders of title orrights to land, including customaryrights.

Tenants and leaseholders, includingemployees, workers and hawkers.

Those who have no formal title or rightsto the land (illegal occupiers) who areengaged in farming or businesses.

Poor and vulnerable groups.

• Clarification needed for how poor andvulnerable APs are provided legal andaffordable access to land.

• Social land concession (SLC) is not anentitlement. However, IRC can just informthe relevant and competent local authoritiesabout the affected poor, landlesshouseholds who may be eligible to apply forSLC. Criteria for providing SLC will bedefined by other competent authority. Thedecision on granting a SLC will also bemade at the sole discretion of the relevantauthorities in accordance with Cambodiaregulations on SLC.

• GDR will provide information if there is anySLC program available in the Project area in its monitoring report.

Source: Aide Memoire Attachment 3 of the Safeguard Policy Dialogue Mission 22-23 August 2019

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III. Policy Framework of the BRP

A. Objective and Guiding Principles

33. The overall objective of involuntary resettlement planning is to avoid or minimize adverseimpacts of public investment projects on affected persons. Where adverse impacts are unavoidable,resettlement planning should provide compensation at full replacement cost to the displaced personsand other vulnerable groups for loss of immovable property. Assistance to maintain or improve thelivelihoods of displaced persons to the pre-project livelihood level is also needed.

34. Resettlement planning is guided by the following principles:• Avoid involuntary resettlement or when unavoidable, minimize involuntary resettlement by

exploring alternative project designs.• Mitigate unavoidable adverse social and economic impacts from land acquisition by

providing timely compensation for loss of assets at replacement cost and assisting affectedpersons in their efforts to restore their livelihoods to at least pre-project levels.

• Provide assistance and opportunities to the affected poor and vulnerable to improve theirliving standards.

B. Project Policies on Resettlement

35. The RNIP-II and its subprojects will follow the involuntary resettlement policy principles of ADBSPS 200910 and RGC’s SOP. No physical or economical displacement will occur until (i) compensationat full replacement cost (Table 3) has been fully paid to each AHs for subproject components or sectionsthat are ready to be constructed; (ii) other entitlements list in the BRP/DRP have been provided to theAHs; and (iii) a comprehensive income restoration and livelihood rehabilitation program supported byan adequate budget, is in place to help displaced persons improve, or at least restore their incomesand livelihoods. ADB gives no objection to civil works after (i) – (iii) above are complied with. After thepayment of compensation and entitlements for respective sections are completed and land is vacated,GDR-IRC will send a Land Handover Letter to MPWT with a copy to ADB to confirm progress ofcompensation payment and other resettlement activities.

C. Eligibility Criteria

a) Cut-Off Date

36. Compensation eligibility is determined by a cut-off date. The cut-off date for this subproject is04 March 2020, the date when first public consultations were organized for conducting IOL andpreparing this BRP. The cut-off date principles were disseminated and agreed among the participantsin the first public consultation meetings. The provincial department of public works and transport,commune and village chiefs and local authorities have the responsibility to manage the site to ensurethat no assets will appear in the subproject after the cut-off date. Those who encroach into thesubproject area after the cut-off-date will not be eligible for any compensation or any other assistance.

b) Eligibility Criteria

37. All LAR impacts to be identified during forthcoming DMS shall be addressed accordingly,meaning that all affected persons identified during DMS will be provided with relevant compensationsand/or assistances during LAR. APs eligible for LAR compensations and assistances under thesubproject will include:

(i) Legal owners and holders of title or rights to land.

10 Refer to Involuntary Resettlement Safeguards Principles, Page 17, ADB SPS 2009.

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(ii) Tenants and leaseholders, including employees, workers and hawkers.(iii) Those who have no formal title or rights to the land (illegal occupiers) who are living in

the ROW or engaged in farming or businesses.

38. The poor and vulnerable people among the APs, in addition to assistances from current andfuture social protection program and development programs and from project employment,11 will beeligible for additional special assistances under this subproject in cases of permanent loss of livelihoodor loss of income during transition the period. The special assistances are specified in Subsection Ebelow. The poor and vulnerable APs include those:12 (i) living below the poverty rate as establishedby the RGC; (ii) living in households headed by elderly person with no means of support; (iii) living inhouseholds headed by female with dependents living below the poverty rate; and (iv) living inhouseholds headed by disabled person with no means of support.

D. Valuation of Affected Assets

39. The payment of compensation shall be made based on the market value or replacement costof the lost assets. Replacement cost is the cost of replacing an expropriated asset of the same orequivalent quality in the current market as of date of issuance of the declaration on the appropriationproject. The replacement cost will be determined by an independent agent. An independent localconsulting firm with experience in valuation will be recruited by GDR to carry out the Replacement CostStudy (RCS) during the DMS period.

40. The full replacement cost consists of one or more elements. The calculation of full replacementcost will be based on the following elements: (i) fair market value; (ii) transaction costs; (iii) interestaccrued, (iv) transitional and restoration costs; and (v) other applicable payments, if any. Table 3summarizes the elements of full replacement costs.

Table 3: Summary of Elements of Full Replacement Cost Element Description

Fair market value The value of land and other assets if the land or other assets are sold in an open and competitive market. This is largely based on comparable prices in the same locality. The rates to dismantle, reassemble, repair and reconstruct affected assets includes the labor costs.

Transaction costs Legal and documentation expenses relating to the expropriation of the land are exempted for displaced persons. Such expenses include all taxes, registration costs, and other fees incurred for replacement structure. However, all outstanding unpaid taxes as of cut-off date is not eligible for exemption.

Transitional allowance

A short-term subsistence living allowance to support the physically displaced person for loss of income/livelihood during the transitional period.

Transport allowance Cost of transport of household and other immovable assets due to relocation. Depreciation and salvageable value

These values shall not be considered in the expropriation of structures and other assets.

Business/economic losses

This covers loss of profit from business/agriculture and other productive sources. Source: SOP

11 The social protection program and development programs include ongoing Cash for Work Program for Rural Development and Livelihood Enhancement Project and any others will be explored at DMS and specified in the DRP. The project objective is to help reduce poverty, improve livelihood and welfare of rural people and poor farmers by providing short-term job opportunities through cash for work program, which will not only support short-term livelihood, but also enable to increase capital for investment in agriculture or other related businesses, and improving agriculture and rural infrastructure. The project is supporting 18 of the Country’s 25 provinces.

12 The RGC’s SOP clearly defined the poor and vulnerable APs and it further implies that determination of poor and vulnerable APs shall be based on consultation and assessment case by case. The ADB’s SPS, however, simply gave a broad and indicative category of APs who are likely to be vulnerable.


E. Special Assistances for Poor and Vulnerable Groups

41. Special assistances to the poor and vulnerable groups will be provided in two cases:

(i) Cash assistance. Lump sum amount equivalent to 3 months of income based on theofficial poverty rate established by RGC calculated as $33 x Number of Members inAH x 3; and

(ii) Permanent loss of livelihood source due to physical relocation. In additional to skillstraining, (a) double of the cash grant under the income restoration program i.e. from$200 to $400 under land-based (and business-based livelihood restoration and lump sum cashgrant from 3 months to 6 months of income based on official poverty rate13 under employment-based livelihood restoration, and (b) priority in any employment opportunity under thesubproject.

42. Efforts will be also made to provide vulnerable affected households (VAHs) with developmentassistances, including through linkage or introduction to existing national and local government socialdevelopment programs,14 or NGO/CSO programs. Such programs will be elaborated in the DRP.

IV. Census and Sample Household Information

A. Inventory of Losses and Census

43. The inventory of losses (IOL) and census were carried following the demarcation of apreliminary COI that follows the DED alignment with consideration of the TRTA recommended R4/U4standard by a survey team between March-May 2020.

44. The IOL and census involve the following steps:(i) demarcation by using the differential global positioning system;(ii) identification of land use units and users on both side of the road;15

(iii) identification and inventory of affected land and non-land assets;(iv) identification of owners/users and preliminarily verification of title status;(v) census of owner/user households; and(vi) documentation of affected land and non-land assets, including both written records and

photos.

45. The LAR impacts in the following subsections are summarized IOL results, while details aregiven in Annex 1. The original IOL results by AH by village are available online.16

13 For this BRP $33/month/capita poverty line is applied. If at the DRP preparation and contract offer stage an updated poverty line is available, the latest poverty line applies.

14 The social protection program and development programs include ongoing Cash for Work Program for Rural Development and Livelihood Enhancement Project and any others will be explored at DMS and specified in the DRP. The project objective is to help reduce poverty, improve livelihood and welfare of rural people and poor farmers by providing short-term job opportunities through cash for work program, which will not only support short-term livelihood, but also enable to increase capital for investment in agriculture or other related businesses, and improving agriculture and rural infrastructure. The project is supporting 18 of the Country’s 25 provinces.

15 The subproject will affect 1,976 land use units. 16 https://1drv.ms/x/s!AmjslEq1PRUGkUi5CJoHsRPIie1d?e=6jfHHM

https://1drv.ms/x/s!AmjslEq1PRUGkUi5CJoHsRPIie1d?e=6jfHHM

19


B. IOL Resultsa) Land Acquisition

46. Acquisition of private land, including both residential and agricultural land, will occur inSampoung Village where a realigned section of about 400m to improve the geometric design byavoiding a sharp curve from chainage 23+000 to chainage 23+400. Overall, 7,193.00m2 of residentialland from 4 AHs and 6,538.00m2 of agricultural land from 3 AHs will be acquired (Table 4).

Table 4: Permanent Land Acquisition

Impact Commune


Angkor Reach

Banteay Chakrey

Land Acquisition (m2)

Residential land 0.00 0.00 0.00 7,193.00 7,193.00 Agricultural land 0.00 0.00 0.00 6,538.00 6,538.00

Total 0.00 0.00 0.00 13,731.00 13,731.00

AHs Residential land 0 0 0 4 4 Agricultural land 0 0 0 3 3

Totala) 0 0 0 5 5 Source: IOL; a): There are 2 AHs losing both residential and agricultural land.

47. Details of the 5 AHs losing land are presented in Annex 1. Of the 4 AHs losing residential land,they include (i) 4,589.00m2 (63.8%) of vacant plots of 3 AHs who are business operators and areresiding in Phnom Penh, and these AHs bought the residential land as investment; and (ii) 1,949.00m2

used by a land broker who has a second plot in the village. As for the 3 AHs losing agricultural land,the losses range between 6.0%-7.5%.

b) Affected Trees and Crops

48. Table 5 presents the affected trees and crop. A total of 4,087 trees of 855 AHs will be affected.This includes 1,460 fruit trees of 451 AHs and 2,627 non-productive trees of 404 AHs. The limited fruittrees and non-productive trees are not the sources of income. Lists of affected fruit trees and non-productive trees are also given in Annex 1.

Table 5: Affected Tress and Crops

No. Trees and Crops Commune


Angkor Reach

Banteay Chakrey

1 Annual crop Area (m2) 0.00 0.00 0.00 7,193.00 7,193.00 AHs 0 0 0 3 3

2 Fruit trees Total (No.) 99 48 341 972 1,460 AHs 53 23 111 264 451

3 Non-productive trees Total (No.) 742 203 628 1,054 2,627 AHs 86 34 109 175 404

Source: IOL.

c) Affected Businesses

49. The subproject road corridor is heavily urbanized and there are many operating businesses.The subproject will affect as many as 190 operating businesses, including (i) 120 businesses withmarginal or partial impact without temporary business stoppages or income loss; (ii) 38 businessessuffering temporary interruption; and (iii) 32 businesses suffering major impact (Table 6). Lists ofaffected businesses structures by impact types are given in Annex 1.


50. The 190 AHs are operating in 193 business structures (Table 8),17 including (i) 31 house-cumshops (HCSs); (ii) 116 shops; and (iii) 47 stall/vendors. Sizes of the affected business structures,requiring relocating or shifting, are 4.1-60.0m2 for HCSs, 8.0-46.0m2 for shops and 2.2-24.5m2 forstalls/vendors.

Table 6: Affected Businesses

No. ImpactCommune

TotalLvea Chey Kampot

Angkor Reach

Banteay Chakrey

1 Partial or marginal impact (No.) 5 3 89b) 23 120 1.1 HCS-based businesses 2 1 6 c) 6 14b) 1.2 Shop based 2 1 74 12 89 1.3 Stalls/vendors baseda) 1 1 10 5 17

2 Temporary interruption (shift back) (No.) 4 2 12 20 38 2.1 HCS based 2 0 1 9 12 2.2 Shop based 2 2 11c) 11 26

3 Major impact (i.e., reestablishment on new sites to be identified or complete stoppage) (No.)

0 0 31 1 32

3.1 HCS based 0 0 2 1 3 3.2 Shop based 0 0 0 0 0 3.3 Stall based 0 0 29d) 0 29

Total 9 5 132b) 44 190 Source: IOL. a): Movable; b): total deducted an overlapping AH; c): One AH has both a HCS partially affected and a shop structure shifting back; d): entirely from the TREA Market section as indicated in Figure 2, including one AH operating 2 stalls.

51. Of the 190 affected businesses, 99 (52.1%) are concentrated in a highly urbanized section(chainage 09+ 696 to 11+ 426) that is centered by a market, the TREA Market (chainage 09+984 to10+054, Figure 2). Of the 32 AHs experiencing major impacts, 31 (96.9%) are from this section andtheir business structures are entirely within the COI. Given that the TREA Market area is highlyurbanized (Figure 2), these 31 AHs experiencing major impact will have to relocate their businesseselsewhere as there won’t be any space in their original locations after road widening. It shall be notedthat even the power line in front of the market, as could be seen in Figure 2, will be shifted, but themarket structure itself will not be affected. There is further potential to avoid or minimize involuntaryresettlement impacts by adopting U5/R5 technical standard at this section. This will be explored duringDED revisions and modifications.

17 One AH operates one HCS and one shop, one AH operates two shops, and another AH operates two stalls.

21


Figure 2: TREA Market Section and Affected Businesses

52. Table 7 summarizes the interruption period to businesses and it could last for 0.1-1.0 month;while compensation for projected losses of net profits will be for 1.0-2.0 months as per RGC’s policyspecified in the SOP.18 Affected shops or HCSs are basically simple and small structures and thereconstruction or reestablishment will not last for more than 0.5 month, yet business operation will likelycontinue during the reestablishment period.

Table 7: Business Interruption Duration

Type of Impact/Reestablishment Interruption Duration (month)

Compensation for Loss of Projected Profit (month)

1. Onsitereestablishment

1.1 HCS based business 0.5a) 1.0 1.2 Shop based 0.2a) 1.0

2. Elsewherereestablishment

2.1 HCS based 1.0b) 2.0 2.2 Stall based 1.0b) 2.0

3. Partial impact 0.1 1.0 Source TRTA consultants, SOP. a): reestablishment/reconstruction period, there is no sophisticated shops and HCSs affected; b): business restoration usually takes a longer period at a new locality.

53. The affected businesses do not involve any employees, but there are 12 AHs operating theirbusinesses on rented stalls and shops, including (i) 3 AHs with 3 partially affected shops belonging to

18 It is stated in page 36 of the SOP.


3 owners, but rental agreements will not be affected, and (ii) 9 AHs with 10 permanently affected stalls belonging to 4 owners.

d) Affected Houses and Structures

54. Table 8 summarizes the affected houses and structures by each commune. Annex 1 presentsthe lists of affected houses, HCSs, shops and stall/vendors, as well the affected secondary structuresby village and commune while Annex 5 illustrates photos of some typical houses and structures. Thesubproject will cause physical displacement of 26 AHs and they will have to relocate their houses (11AHs) and HCSs (15 AHs) either onsite (22 AHs) or elsewhere (4 AHs). As indicated at the of bottom ofTable 8, the relocation of HCSs to new sites unknown for two landless AHs will be confirmed at DMSstage. Subject to the confirmation of the landless AHs and their preferred choice of relocation options,GDR and local authorities will assist the two landless AHs to obtain relocation sites at DRP preparationstage. Relocation arrangement for these two landless AHs will be specified in the DRP that is subjectto ADB’s clearance.

Table 8: Affected Houses and Structures

No. Assets Commune


Angkor Reach

Banteay Chakrey

1 Houses Floor area (m2) 73.90 0.00 60.70 249.80 384.40 AHs Relocation elsewhere Relocation onsite Partially affected

4 0 0 4

0 0 0 0

6 1 1 4

14 0 9 5

24 1

10 13

2 HCSs Floor area (m2) 34.60 28.00 142.80 307.70 513.10 AHs Relocation elsewhere Relocation onsite Partially affected

4 0 2 2

1 0 0 1

9 2a)

1 6

16 1 9 6

30 3b) 12 15

3 Shops No. Shift back Partial impact

4 2 2

3 2 1

85 10 75

24 13 11

116 27 89

Owner HHs 4 3 85 23 115 4 Stall/vendor No. 1 1 40c) 5 47

Owner HHs 1 1 34 4 41 5 Secondary

structures Movable (No.) Movable (m2) Others (m2)

33 651.90

540.40

8 96.40 91.80

230 3,903.20 2,653.60

230 2,608.70 1,741.20

501 7,290.10 5,026.90

AHsd) 53 19 297 206 575 6 Fences Total (m2)

Brick Concrete pole Metal Loose wooden

1,410.10 435.50 550.30 111.70 312.70

692.80 61.10

300.50 63.30

268.00

5,862.20 905.90

1,178.70 1,964.10 1,813.50

5,857.40 1,194.50 1,698.90

676.70 2,287.30

13,822.60 2,596.90 3,728.40 2,815.80 4,681.50

AHsa) 68 33 296 258 655 6 Other secondary

structures Other structures (set) 45 7 162 92 306 AHs 34 7 138 88 267

Source: IOL. a): landless; b): new sites unknown yet; c): there are 29 operators (30 stalls) to new sites unknown; and d): there includes some overlaps.

e) Affected Households and Persons

55. The subproject’s land acquisition and resettlement will affect as many as 1,251 AHs/5,264 APs.(Table 9). Amongst the 1,251 AHs there include (i) 5 AHs losing land; (ii) 26 AHs physically displaced;and (iii) 29 AHs economically displaced (business re-establishment on new sites).

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Table 9: Affected Households and Persons

AHs & APs Commune


Angkor Reach

Banteay Chakrey

1. AHs

1.1 By land acquisition 0 0 0 5 5 1.2 By affected non-land assets 168 63 506 514 1,251 1.3 By affected businesses 9 5 132 44 190

Total without double counting 168 63 506 514 1,251

2. APs

2.1 By land acquisition 0 0 0 27 27 2.2 By affected non-land assets 694 240 2,161 2,169 5,264 2.3 By affected businesses 39 23 605 192 859

Total without double counting 694 240 2,161 2,169 5,264

3. Major ImpactsAHs

3.1 Relocation of houses/HCSs 2 0 5 19 26 3.2 Relocation of businesses 0 0 29 0 29

Total 2 0 34 19 55

4. Major ImpactsAPs

4.1 Relocation of houses/HCSs 10 0 21 74 105 4.2 Relocation of businesses 0 0 136 0 136

Total 10 0 157 74 241 5. Potential

VulnerableGroups

5.1 VAHs* 42 16 127 128 313 5.2 VAPs* 173 61 542 540 1,316 5.3 VAHs experiencing major impacts 0 1 2 0 3

Source: IOL. * Denotes the projected estimates

f) Affected Households Experiencing Major Impacts

56. Per ADB’s OM/OP major impacts are defined as physically displaced from housing or losing10% or more of their productive assets (income generating). With respect to PR312, they include those:(i) suffering physical displacement (i.e., losing houses and HCSs); and (ii) losing 10% of productionassets or income source. AHs experiencing major impacts will be entitled for: (i) relocation assistancesin case of physical relocation; and (ii) participation in the income restoration program (IRC) in case ofpermanently losing livelihood or income source.

57. A total of 55 AHs/241 APs will experience major impacts including: (i) 11 AHs (47 APs) losinghouses; (ii) 15 AHs (58 APs) losing HCSs; and (iii) 29 AHs (136 APs) losing stall-based businesses.There are 32 AHs (146_APs) who will likely lose their livelihood or income sources permanently asrelocation sites for their HCSs (3 AHs/10 APs with HCSs) and stall-based businesses (29 AHs/136 APs)were not identified during IOL and BRP preparation. These AHs/APs will lose income during thetransitional period as well as permanently lose their main source of livelihood due to physical relocationand will be entitled to participate in the income restoration/support program.19 However, during thefinalization of the DED, design alternatives will be explored to minimize LAR impacts.

58. The IOL had preliminarily identified 3 landless AHs who will need to relocate two HCSs to newsites to be identified and to likely shift back one house within the ROW (Annex 1). Providing a land plotor cash grant to acquire land to the landless who are illegal squatters is not an Entitlement under theLand Law, the Law on Expropriation and the BRP/DRP. However, the GDR-IRC will inform the relevantauthorities about the poor landless households affected by the subproject who may be eligible to applyfor a Social Land Concession. However, the decision on granting a social land concession will be madeat the sole discretion of the relevant authorities in accordance with regulations on Social LandConcession.20 Verification on land use and land ownership of the landless AHs will be carried out duringthe DMS by the GDR and the village administration. GDR will provide information if there is any socialland concession program available in the subproject area in its monitoring report.

19 Para. 225, Page 56 of the SOP. 20 The relevant authorities include (i) National Social Land Concessions Committee located in the Ministry of Land

Management, Urban Planning and Construction, (ii) Provincial/Municipal Land Use and Allocation Committee located in the provincial/municipal hall, (iii) District Working Group located in district/ Khan hall and (iv) Commune Council.


g) Potential Vulnerable Households

59. The IOL, based on sample SES of sample AHs, made indicative estimate of the potentialvulnerable AHs (Table 9). The projected number of potential poor and vulnerable AHs (VAHs) underthe subproject could amount to 313, accounting for 25% of the total AHs. The potential VAHs consistof: (i) 99 poor AHs (31.6% of VAHs or 8.0% of total AHs); (ii) 187 AHs headed by women (59.7% ofVAHs or 15.0% of total AHs); (iii) 27 AHs of other vulnerability factors (8.6% of VAHs or 2.2% of totalAHs). The actual number of poor and vulnerable AHs, based on consultation and assessment, will bedetermined during DMS. The subproject and local authorities will ensure the poor and vulnerable AHsare supported by: (i) RGC’s Social Protection Program; and (ii) ongoing and future developmentprograms to be explored during DMS and specified in the DRP.

60. Per RGC’s SOP for LAR, poor and vulnerable AHs experiencing major impacts are eligible forspecial assistance (see para. 41).21 The IOL preliminarily identified 7 likely VAHs (25 VAPs) amongthose likely experiencing major impacts (listed in Annex 1). However, only 3 landless VAHs (10 VAPs)may experience major impacts, including: (i) 2 VAHs losing HCSs permanently with relocation sitesunknown; and (ii) 1 VAH losing house but the existing ROW has sufficient space for onsite relocation.Actual poor and vulnerable AHs, however, will be further identified and determined through consultationand assessment during the DMS and their concerns will be addressed in the DRP.

h) Affected Public Facilities

61. The affected public facilities are listed in Table 10. All the affected public facilities will bereplaced under the civil works contract ensuring minimal disruptions to public services being provided.

Table 10: Affected Public Facilities Item Unit Quantity Note

1 Power line pole No. 331 Owned by government 2 Power line m 1,800 Owned by government 3 Drinking water pipeline M 4,000 Private 4 Commune office signage No. 1 Owned by government 5 Police office signage No. 1 Owned by government 6 MRD's concrete signage No. 3 Owned by government 7 Traffic Sign No. 3 Owned by government 8 Political party's signage No. 13 Owned by government

Source: IOL

(i) Sample Affected Household Information

62. Socioeconomic survey (SES) of sample households, using the standard DMS Questionnaire inthe SOP, was carried out along with the IOL. Due to the influence of COVID-19, the survey was notcarried through face-to-face interviews. Instead, questionnaires were distributed to sample AHs afterbrief explanation by the IOL survey team and then collected back after being filled by AHs. Someclarifications were made through phone calls on incomplete questionnaires.

63. Overall, 267 AHs were targeted and their distribution in the affected villages is listed in theTable 11. Basically 10-20 sample AHs were targeted in the marginally affected villages; while moresample AHs were targeted in the No.8 and No.9 villages where it is highly urbanized, and a largenumber of businesses will be affected. Sample AHs were randomly selected in each village.

Table 11: Distribution of Sample AHs No. Village Name AH Sample AHs % No. Village Name AH Sample AHs % 1 Samrong 82 16 19.5 11 Prey Ah Stang 30 10 33.3 2 Peany 86 14 16.3 12 Oknha Em 38 10 26.3 3 Pou 25 10 40.0 13 Pou 67 10 14.9

21 Para. 229, Page 57 of the SOP.

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4 Bra Thmor 12 0.0 14 Brobos Roluoy 129 20 15.5 5 Snor 26 0.0 15 Boeng Kampot 21 10 47.6 6 Krouch 22 10 45.5 16 Ta Im 69 10 14.5 7 Loeng 71 10 14.1 17 Pou Chrek 82 10 12.2 8 Krasang Torng 263 29 a) 10.9 18 Sampoung 49 10 20.4 9 Prey Meas 66 48a) 71.6 19 Damrei Slab 57 10 17.5 10 Boeng Ith 16 10 62.5 20 Bros Sva 40 10 25.0

21 Kokour 90b) 10 11.2 Total AHs: 1,341; Sample HHs surveyed: 267 (19.9% of total)

Source: Sample AH SES. a) Denotes highly urbanized and many businesses will be affected, and in the TREA Market section in No.9 village where 29 stall-based businesses will have to be reestablished on new sites. At these two villages, more AHs business operators were purposively targeted; b) Denotes not affected by the subproject.

64. The summarized results of sample households are provided in the subsections below. It shallbe noted that the results are indicative as they could not be ascertained due COVID-19. The incomeresults, reported and filled by the AHs, could neither be analyzed nor compared. Similarly, the COVID-19 prevented the consultants from organizing focus group interviews. SES profiles and data will befurther collected during a follow up SES during the DMS and will be presented in the DRP.

a) Demography

65. The survey included 267 sample AHs or 1,272 APs, of which 55.7% and 44.3% are males andfemales, respectively. The average household size is 4.76. All sample households are of Khmerethnicity. Of the 1,272 APs: (i) 108 or 8.5% are pre-school kids below 5 years old; (ii) 195 or 15.3% areof schooling age of 5-16 years; (iii) 287 or 22.6% are youths of 17-25 years old; (iv) 363 or 28.7% aremiddle aged of 26-45 years old; (v) 263 or 20.7% are of prime age of 46-65; and (vi) 54 or 4.2% areelderly of over 65 years old.

b) Education Level of Household Heads

66. Of the 267 household heads: (i) 5.2% are illiterates; (ii) 33.3% attended primary schools; (iii)31.1% attended secondary schools; (iv) 22.5% got high school education; (v) 7.1% are universitygraduates; and (vi) 0.7% attended vocational schools. The overall low level of illiteracy of 5.2% indicatesthat the government had made significant achievement in the past 4 decades.

Table 12: Education Level of HH Heads Level None Primary Secondary High University Vocational Total No. 14 89 83 60 19 2 267 % 5.2 33.3 31.1 22.5 7.1 0.7 100.0

Source: Sample AH SES.

c) Employment Status of Household Head

67. Table 13 presents the primary employment status of HH heads. Of the 267 sample households,216 and 51 reported being headed by male and female, respectively. In terms of employment, majorityof the household heads are engaged in non-farming sectors. Therefore, 18.1km of the road sectionsare urbanized, densely populated and full of businesses activities of various types.

Table 13: Primary Employment Status of HH Heads

Occupation Male Female Total No. % No. % No. %

Agriculture, fishing, forestry 25 11.6 6 11.8 31 11.6 Trade/business 134 62.0 27 52.9 161 60.3 Public or state work 26 12.0 3 5.9 29 10.9 Private company employee 7 3.2 3 5.9 10 3.7 Service provision 6 2.8 4 7.8 10 3.7 Daily or casual labor/wages 4 1.9 5 9.8 9 3.4 Factory Worker 4 1.9 2 3.9 6 2.2


Construction 2 0.9 0 0.0 2 0.7 Tuktuk/taxi, transport business 2 0.9 0 0.0 2 0.7 Others 2 0.9 1 2.0 3 1.1 Unemployment 4 1.9 0 0.0 4 1.5 Total 216 100.0 51 100.0 267 100.0


d) Income and Source

68. Among the 267 sample households, 264 had responded income related questions and theirresponses on type of income:

• 199 HHs (75.4%) have daily income (casual labor and etc);• 132 HHs (50.0%) have regular wages/salaries• 88 HHs (33.3%) have seasonal earnings; and• 20 HHs (7.6%) have non-waged earnings (pensions, remittances, etc).

69. Table 14 summarizes the average annual income by type of employments from the sample HHhead. As indicated, those engaged in business could earn as much as $31,200, while factory workerscould only earn $3,864. However, on the average household size of 5 having a total annual averageincome of $1,980/AH based on the national poverty rate for an average household size of 5 APs, noneof the sampled households are vulnerable. The VAHs will be confirmed during the DMS and theirconcerns addressed in the DRP.

Table 14: Average Annual Income by Type of Employments Employment Type Average ($/year)

1. Government officials 5,628 2. Private sector 18,156 3. Services/tourism and hospitality 9,600 4. Self-employed/business 31,200 5. Construction 4,980 6. Agriculture/fishery and forestry 9,000 7. Daily worker/hired labor 4,296 8. Taxi/tuk-tuk 5,400 9. Transportation services 9,000 10. Factory 3,864


e) Resettlement Options

70. Resettlement options among the sample AHs are as follows:• 100% of respondents losing land, 4 in total, opted cash compensation.• 100% of the respondents (76 out of 76) opted compensation for affected crops and trees;• 91.2% of respondents (227 out of 249) opted cash compensation for affected houses and

structures; while 8.8% (22 out of 249) wished to get support (material and machinery helpto build).

• There was no response to house relocation related questions.

A. Women in Local Context

71. A relatively high portion of AHs are headed by women in the subproject area. Of the 267 samplehouseholds targeted by the SES, 51 or 19.1% are headed by women.72. The employment pattern of female and male AH heads, as compared in Table 13, are verysimilar. The education levels and females and males are also reported as almost equal. During public

27


consultations and SES in the process of preparing this BRP, female respondents were active. For the first round of public consultations organized in March 2020, 164 or 43.3% of the 379 participants were females (Table 17).


V. Compensation, Relocation and Income Restoration

A. Entitlements

73. The entitlements for this subproject have been preliminarily defined in this BRP and arepresented in the following subsections. The eligibility on entitlements applies to all AHs that arecategorized and summarized in the Entitlement Matrix. The entitlements will be further updated but notdowngraded in the DRP following the DMS and RCS.

a) Loss of Private Land

74. Loss of private land, including 7,193.00m2 of agricultural land and 6,538.00m2 of residentialland, applies to only the re-aligned section of 400m from chainages 23+000 to 23+400 for avoiding anexisting sharp curve. Entitlement provisions to the 5 AHs losing private land include:

• Cash compensation at replacement costs determined by RCS.• Where part of a land plot is acquired for the subproject, but the remaining portion is of

little or minimal productive use, the remaining portion will be also acquired at the samereplacement cost.

b) Loss of Use of Land

75. Loss of use of land applies for both the use of state public land in the COI and the use of privateland to be acquired. Use of land is further categorized as agricultural use and business operation.

76. Details of losing of agricultural land use (i.e., losing crops and trees) are presented in Table 5.Entitlement provisions for loss of agricultural land use include:

• Pre-notice to allow AHs to harvest their crops whatever harvestable.• Rice/annual crops farming. Cash compensation equivalent to one years’ net income

loss to be determined by RCS.• Newly planted trees without bearing fruits. Compensation for replanting cost.• Sapling trees. Compensation for seedlings.• Initial fruit bearing trees (1-3 years). Compensation at 1/3 of the full price22 and the

cost for seedlings.• Young fruit bearing trees (3-5 years). Compensation at 2/3 of the full price and the

cost for seedlings.• Matured fruit bearing trees (more than 5 years). Compensation at full price and the

cost for seedlings.• Non-productive trees. Compensation at valuated costs.

77. Entitlement provisions for loss of business operations, as specified in the SOP,23 include:• Operator with partial impact. Compensation for projected loss of net income for one

month for 120 AHs operating 14 HCSs, 89 shops and 17 stalls (Table 6). For this BRP,based on consultation with 15 AHs during IOL, the net income averages at $600/shop orHCS/month and $483/stall/month. The net income loss for each AH will be furtherdetermined at RCS during the DRP preparation stage.

22 Full price is to be determined by the RCS consultant at the DRP preparation stage by following the formula of: Full price = quantity harvested per year * farm gate price* number of fruit bearing years.

23 It is specified in page 36 and restated in page 85 of the SOP.

29


• Operators relocating onsite. Compensation for loss of structures and projected loss ofnet income for one month ($600) for 38 AHs moving back 12 HCSs and 26 shops (Table6). The 12 AHs with relocation of HCSs will be further entitled for transition and transportallowances whereas 26 AHs will be further entitled for transport allowance.

• Operators relocating to new sites. Compensation for structures and projected loss ofnet income ($600 per shop and $483 per stall) for two months for 32 AHs relocating 3HCSs and 29 stall-based businesses (Table 6). The 3 AHs will also be entitled fortransition, transport allowance, and relocation assistances, if applicable whereas the 29AHs will receive transport allowance and relocation assistances, if applicable .

• Renters of stalls. Compensation to the 4 owners of 10 stalls for $100/stall as for onemonth’s rental fee. The RCS during DMS will further confirm the rental fee.

c) Loss of Houses and Structures (Fixed Assets)

78. Loss of structures applies to all affected structures within the COI identified during IOL andfollow-up DMS. Entitlement provisions include:

• Non-movable structures. Cash compensation to 1,251 owners at the replacementcosts based on the RCS without depreciation. When more than 75% of the existingstructure is affected, this is considered as the bench mark for determining the remainingportion as unusable, or less if the subproject team engineer views it as structurallyunsound. The non-movable structures include affected houses, HCSs, shop structures,brick fences, and etc.

• Moveable structures. The 407 AHs shall move such structures other than stalls on theirown but will provided with one-time cash assistance at $50 for each of the 501 structuresto cover moving/reestablishing costs. The 41 owners of 47 stalls will be granted for$100/stall for shifting and/or dismantling and/or reassembling and/or repairing. The ratesof $50/structure and $100/stall are based on consultation with AHs and experiences fromother projects. These rates are more than sufficient to cover the actual costs. These rateswill be further confirmed during DMS and RCS.

• Structure improvement expenses by tenants or leaseholder. If the owner rents orleases, compensation for any improvement carried out by the tenant or leaseholder willbe paid to the tenant or leaseholder. Payment for such will not be made to the legalowner and compensation amount for such improvements will be deducted from thecompensation payment entitlement of the legal owner.

d) Transition and Transport Assistances

79. Transition and transport assistances apply to AHs with entirely and partially affected houses,HCSs, shops and stalls with businesses including:

• Lump sum transitional allowance24 equivalent to 3 months of income based on the officialmonthly poverty rate of $33 established by RGC25 (Transitional Allowance = $33 * No.of APs * 3) for (i) the 112 APs/28 AHs with houses and HCSs partially affected (Table8); and (ii) 241 APs/55 AHs with houses, HCSs and businesses entirely or permanentlyaffected (Table 9). and (iii) 592 APs/131 AHs with stall-shop/vendor-based businessespartially affected or shifting back.26 In addition to the transitional allowance, the 25 VAPs(7 VAHs) among this group will be entitled for further special assistance of equivalent to

24 The SOP put this under the Category 4(a) Loss of Income during Transition Period. This could also be termed as assistance to AHs experiencing major impacts.

25 The DRP will provide a final rate. 26 Totally 190 businesses, including (i) 30 HCSs, (ii) 29 stall-based businesses entirely affected; and (iii) remaining 131

shop/stall/vendor-based businesses partially affected or shifting back.


3 months of income based on the official monthly poverty rate of $33 established by RGC i.e ($33 x No. of APs x 3).

• Lump sum transportation allowance, at the rate of (i) $120/AH to the 4 AHs relocatingtheir house (1 AH) and HCSs (3 AHs) on new sites, (ii) $60/AH for 181 AHs repairing/rebuilding affected houses, HCSs and businesses onsite; and (iii) $90/AH to the 29 AHsrelocating their businesses on new sites. RCS will determine the actual rates.

e) Temporary Impact

80. Temporary impacts concern mainly disruption of the use of land, roads, tracks, footpaths,and/or property road access points outside COI caused by sewerage and drainage network constructionworks, the movement and storage of construction equipment and materials, and any unanticipatedimpacts. These will be addressed during subproject implementation based on actual impacts and inaccordance with the national laws and ADB’s safeguards policy statement (SPS, 2009). The civil workscontract as well as the environmental management plan (EMP) will require contractor to reinstate thetemporary structures outside the COI and any impacted structures along the construction works areato their original condition after the installation of pipes, drains and manholes is completed, includingpavements/walkways, roadside kerbs, signposts and eaves.

81. PMU3, contractor and AHs with affected pavements or temporary structures will prepare asimple Temporary Impact Agreement prior to start of construction. This contract will include drawing ofthe extent of temporary impact including measurements as well as pictures of the pavement ortemporary structures prior to start of construction. Effective construction supervision and monitoring atall stages of subproject implementation will ensure minimal temporary impact.

82. For any temporary site installation or other area, the contractor will have to propose in a siteinstallation and access plan and obtain approval from the PMU. Where possible, unoccupied, andunused public land will be used for temporary land use or storage. The contractor shall rent the privatespace with agreed rental fee. Both private and public space shall be returned in the same or improvedcondition compared with pre-project situation. Through a transparent and contractual approach, thePMU will provide the contractor with the project’s land acquisition and compensation principles toensure that (i) official compensation rates are applied, (ii) re-installment of affected assets contractuallydefined, (iii) consultation takes place, (iv) the grievance mechanism is followed, (v) the EMP is applied,and (vi) other items specified are complied with, in compliance with the ADB SPS and RGC’s SOP.

f) Unanticipated Impact

83. In case there are changes in the subproject’s scope and/or location during the projectimplementation, social impact screening of new impacts shall be conducted, and corrective action planlike DRP Addendum shall be prepared, if required. Unanticipated impacts will be documented andmitigated based on the principles provided in the DRP. Any new APs that will be identified (i.e., thosewho will be included among the adversely affected because of changes in project design or alignmentprior to or even during construction works) are entitled to the same entitlements as those of the otherAPs. The new APs will not include any occupant entering the COI or construction area after the cut-offdate.

B. Relocation of Houses and HCSs

84. There are 26 AHs (Table 8) that need to relocate houses (11 AHs) and HCSs (15 AHs). Of the26 AHs, 22 AHs will relocate on-site and 4 AHs will relocate on new sites. IOL had preliminarily identified3 landless AHs among those requiring physical relocation. However, if after DMS, if any AH is found tobe landless, GDR will inform the relevant and competent local authorities about the affected poor,landless households who may be eligible to apply for social land concession (SLC). Criteria for providingSLC will be defined by other competent authority. The decision on granting a SLC will also be made at

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the sole discretion of the relevant authorities in accordance with Cambodia regulations on SLC.27 As per the agreement on the policy dialogue of August 2019, GDR will provide information if there is any social land concession program available in the subproject area in its monitoring report.

85. In addition to compensations to the affected houses and HCSs at replacement costs, thesubproject will provide: (i) transitional or subsistence allowances, $33/AP/month for 3 months, to all 26AHs; (ii) lump sum transport allowance of $120/AH to the 4 AHs relocating on new sites; and (iii) lumpsum transport allowance of $60/AH to the 22 AHs relocating onsite. RCS will determine the rates.

C. Re-establishment of Affected Businesses

86. The subproject will affect 190 businesses and may cause temporary income losses for the AHs(Table 6).

87. The subproject will provide: (i) compensation for projected net income losses for 1 month forthe 120 AHs with partially affected businesses, (ii) compensation for projected net income losses for 1month for the 38 AHs that will shift back their HCS and shops; (iii) compensation for projected netincome loss for 2 months for the 32 AHs that will relocate businesses on new sites; (vi) lump sumtransitional allowance or subsistence, $33/AP/month for 3 months, to the 29 AHs reestablishing theirbusinesses on new sites; and (v) lump sum transportation allowance at $90/AH to the 29 AHs relocatingtheir businesses on new sites.

88. Transitional and transportation allowances for AHs relocating their HCSs are covered inparagraph 84 above. The 32 AHs likely losing businesses permanently will also be entitled participatein the income restoration program (IRP) at their own choices. An action under the IRP is to assist theseAHs to identify suitable relocation sites.

89. As for the 4 renters of 10 permanently affected stalls, owners will be compensated for anestimated $100/stall as for one month’s rental fee. RCS will determine the rental fee.

D. AHs Losing Agricultural and Residential Land

90. The impacts on the 3 households losing agricultural land are insignificant as their losses areonly between 6.0-7.5% (details in Annex 1). Therefore, no specific measure is required to cover theincome losses from loss of agricultural land. The impacts on the 4 AHs losing residential land plots arealso insignificant although their losses are 33.5-88.0%. Of the 4 plots, 3 are unused and belong to 3business households28 who are living in Phnom Penh and bought the land plots as investments, andthe remaining plot belongs to a land broker who has another plot nearby.

E. AHs Losing Productive Trees

The impacts on the 451 AHs (Table 5) are very minor and none will lose more than 5 productive trees. Similarly, no specific measure is required to cover the income losses from losing such trees. The number of AHs and trees (fruit and non-fruit) will be confirmed during DMS.

F. Income Restoration Program

91. The income restoration program (IRP) will be provided to the AHs who will permanently losetheir source of livelihood due to physical relocation under the subproject. The IOL identified that 32 AHs,referring to those business operators who will experience major impacts (Table 6) or permanently losethe source of livelihood are entitled participate in the IRP provided in (i) – (iii) below of their own choices.

27 The SLC itself, as specified in Item 5 of Table 2 (Gap Analysis and Reconciliation of ADB’s SPS (2009) and RGC’s SOP), is not an entitlement. GDR will provide information if there is any SLC program available in the subproject area in its monitoring report.

28 Two of them are nephews of the fourth AH, the land broker.


Additional AHs, if any, are also entitled to participate in the IRP and they will be confirmed during the DMS. The IRP includes two components: (i) skills training; and (ii) financial support as cash grant. The APs depending on their preferred choice will be entitled to participate in any one of the three IRP:

(i) Land-based Livelihood Restoration Program. (a) Access to other land-based sourceof income, if affordable productive land is available, like vegetable gardening, fruit tree,livestock and other similar land-based income generating source. The project will notprovide the land except in the case of land for land swap. APs will need to acquire theland at their own costs. Specifically, designed skills training in farming and livestock willbe provided to the APs. (b) Financial support in the form of a lump sum cash grant of$200/AH to assist in reestablishing the livelihood.29

(ii) Employment-based Livelihood Restoration Program. (a) Provision of employmentskills training. (b) Financial support in the form of cash grant equivalent to 3 months ofincome based on the official poverty rate prescribed by the government to support thedisplaced person during the training period. The amount will be the monthly poverty ratex number of members in the AH x 3. (c) Access to temporary job opportunities at theconstruction site, at the office, or other places that may be available under the project.

(iii) Business-based Livelihood Restoration Program. (a) Provision of business skillstraining focusing on micro- or home-based businesses. (b) Financial support in the formof a lump sum cash grant of $200/AH to assist in starting or reestablishing micro orhome-based businesses.

92. The 32 entitled AHs, based on consultations during IOL, will continue their business operationand they will participate in the Business-based Livelihood Restoration Program under the IRP. Thebudget will be $500 for each AH, including $200 as grant for business re-establishment and $300 forother IRP related expenses. The project will also assist these AHs to identify suitable businessoperation/relocation sites. In lieu of training offered under the IRP, each AH will be entitled for $500cash grant.

G. Special Assistances to Poor and Vulnerable Groups

93. Special assistances for VAPs/VAHs include:(i) Additional subsistence allowance for 22 VAPs/6 VAHs experiencing transition due to

repairing and/or relocating affected houses and HCSs: lump sum amount equivalent to3 months of income based on the official monthly poverty rate established by RGCcalculated as $33/month X No. of APs X 3.

(ii) Special assistance to the 2 VAHs under IRP: equivalent amount of the double the cashgrant under the IRP. In addition to skills training, (i) lump-sum cash grant under eachlivelihood restoration program will be doubled i.e from $200 to $400 under land-basedand business-based livelihood restoration and lump sum cash grant from 3 months to 6months of income based on official poverty rate under employment-based livelihoodrestoration; and (ii) priority access to employment opportunities under the subproject.

94. Efforts will also be made to provide vulnerable affected households (VAHs) with developmentassistance, including through linkage or introduction to existing national and local government socialprotection and development programs,30 or NGO/CSO programs. Such programs will be elaborated inthe DRP.

29 In case no alternative agricultural land is available, these APs will be offered the options of (ii) or (iii). 30 The social protection program and development programs include ongoing Cash for Work Program for Rural Development

and Livelihood Enhancement Project and any others will be explored at DMS and specified in the DRP. The project’s objective is to help reduce poverty, improve livelihood and welfare of rural people and poor farmers by providing short-term job opportunities through cash for work program, which will not only support short-term livelihood, but also enable to increase capital for investment in agriculture or other related businesses, and improving agriculture and rural infrastructure. The project is supporting 18 of the Country’s 25 provinces.

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H. Entitlement Matrix

95. The subproject entitlements have been developed based on various impacts identified duringthe IOL. Table 15 presents the entitlement matrix which is prepared for the subproject’s specific LARimpacts. The entitlements will be further updated but will not be downgraded after the DED and DMS(i.e. 100% household survey, 100% IOL and full census through the DMS Questionnaire) in the DRP.

I. Restoration of Public Facilities

96. The subproject will rehabilitate/restore affected public facilities (Table 10) under the civil workscontract by the contractor. Prior to restoration, the subproject/contractors, owner entities and localauthorities will consult with each other for better positioning such facilities.

97. The subproject construction will ensure minimum disturbance to public services and facilitiesduring construction, such as markets, schools, kindergartens, hospitals, clinics, and etc. In casetemporary disturbance unavoidable, timely pre-notice (at least two weeks in advance) will be given andpreventive measures will be implemented. As part of the civil works contract, allpavements/walkways/access roads/driveways to properties adjacent to the road will be repaired orreplaced including culverts and other facilities, to a condition equal or better than the present.

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Table 15: Entitlement Matrix31

Cat Type of Loss Application Category of AH Entitlements Clarification

Loss of Land 1a Loss of Land Agricultural, residential

and commercial land: • 6,538.00m2 ofagricultural land (3AHs)• 7,193.00m2 ofresidential land (4AHs)

Legal owners and holders of real right of land, including those covered by customary rights

• Cash compensation for land at full replacementcost or land swap of equal productive value.

• Provision of stamp duties, land registrationfees and other similar taxes, if applicable, foracquiring legal rights in case of replacementland (land for land swap)

• Includes option of compensation at samereplacement cost for affected land that remainafter acquisition if remaining land becomesunviable or unusable.

• For customary ownership, replacement land tosustain livelihood and way of life. Landregistration, stamp duty and other fees toregister land ownership or right to use will bereimbursed at cost

If land for land is offered, title will go to both husband and wife.

Applies to only partial loss of land

1b Loss of Land (No AH) Tenants and Leaseholders

No compensation for loss of land as not legal owners of land

1c Loss of Land (No AH) Illegal occupiers or squatters without legal titles or rights to land.

No compensation for land loss as not legal owners of land

31 The measurements as well as the numbers of AHs/APs in this BRP are estimates only, but they will be further determined and confirmed during the DMS.

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Loss of Use of Land

2a Loss of Crops and Fruit Trees

Agricultural land: (i) 6,538.00m2 of

rice (3 AHs)(ii) 1,460 fruit

trees (451AHs)

(iii) 2,627 non-fruittrees (404AHs)

All AHs who are engaged in farming

• For rice/crop farming:

Net annual income X 1year

In addition, AHs can harvest and retain income from standing crop.

• For fruit trees, replacement cost of lossbased on following formula:

[Quantity Harvested per Year) X (Market Price) X (Number of years it will bear fruit)] + Cost of Seedling

Perennial trees that have a growth period of more than 5 years are classified as follows:

• Sapling Trees under 1 year-not compensatedas it can be replanted. Cost of seedlingprovided.

• Young Tree (1 to 3 years): Valued at 1/3 of itsfull price as it can be replanted plus cost ofseedlings

• Young Tree (More than 3 to 5 years) bearingsome fruits: valued at 2/3 of its full price pluscost of seedlings

• Mature Tree (more than 5 years) full bearingfruits valued at full price plus cost of seedlings

RCS will determine the amounts

Market Price is based on Farm-Gate Price.

Full Price is amount calculated from the formula shown in [ ] without cost of seedling

2b Loss of Business Commercial land and businesses: (i) Relocation to new sites

(32 AHs)(ii) Relocation onsite (38

AHs)

All AHs who are engaged in businesses

• For businesses which need to be relocated toa new site, cash compensation at an amountequal to loss of projected net income for 2months

• For partially affected businesses andbusinesses to be relocated on-site (move

RCS will determine the net projected income.

Both registered and unregistered businesses are compensated except


Cat Type of Loss Application Category of AH Entitlements Clarification (iii) Partial impact (120

AHs)(iv) 10 leased stalls (4

owner AHs)

back or same area), cash compensation at an amount equal to loss of projected net income for one month

• Cash compensation for 1 month rental for eachstall

• For operating of illegal nature of businesseslike gambling, prostitution, drugs and similartypes, no compensation is paid

when the nature of business is illegal.

Loss of Houses and Structures 3a Loss of Houses

and Structures Residential, commercial structures and other assets: (i) 384.40m2 of houses

(24 AHs)(ii) 513.10m2 of HCSs

(30 AHs)(iii) 1,655.70m2 of shops

structures (115 AHs)(iv) 47 movable stalls

and vendors (41AHs)

(v) 5,026.90m2 ofsecondarystructures (342 AHs)

(vi) 501 sets of simplemoveable structures(407 AHs)

(vii) 13,822.60m2 offences (655 AHs)

(viii) 306 units of otherstructures (267 AHs)

Owners of houses, buildings and structures.

• Cash compensation equivalent to replacementvalue of lost portion of thehouse/building/structure. If the owner rents orleases, compensation for anyimprovements/construction carried out by therenter/leaseholder will be deducted from thecompensation payment to the owners.

• Lump sum cash compensation for shifting andresettling movable structures.

• In case of loss of only part of thehouses/buildings/structure and the remainingportion is not livable or useable, compensationwill be paid for complete structure at samereplacement cost.

• In case houses/buildings are rented/leased,any improvements/construction added byrenters and leaseholders will be compensatedat replacement cost and paid torenter/leaseholder. Owners will not getcompensation for such improvements orconstruction.

• Category items (i) to (iv) entitled for 3d.

• Category items (i) to (ii) entitled for 4a.

RCS will determine the replacement cost

When loss is 75 % or more of the floor space

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3b Loss of Houses and Structures

Residential, commercial structures and other assets.

(No AH)

Tenants and Leaseholders

• Cash compensation at replacement cost forany improvements or construction by thetenants or leaseholders

• In case of no improvements or construction, nocompensation is paid.

• Transfer/Disturbance Allowance equivalent to1month of rental or lease amount.

RCS will determine replacement cost.

Documentary evidence is required

RCS to determine the rental amount.

3c Loss of Houses and Structures

Residential, commercial structures and other assets (No AH)

Illegal occupiers or squatters

• Cash compensation equivalent to replacementvalue of loss of structures constructed byillegal occupier/squatters

The landless AHs are equally treated in this BRP RCS will determine replacement value

3d Loss of Houses and (Business) Structures (Transport Allowance)

Transport allowance for household and personal goods.

(i) Relocation of housesand HCSs on newsites (4 AHs)

(ii) Relocation of stall-based businesses onnew sites (29 AHs)

(iii) Relocation of housesHCSs and businessesonsite, including thosepartially affected (181AHs)

AHs with affected houses and HCSs and with stall-based business relocation

• Fixed Lump Sum allowance per AH based onaverage cost of transportation to newrelocation place.

• Up to 5 km• More than 5 km

RCS will determine the lump sum amount for the 2 rates

Loss of Income and Livelihood 4a Loss of Income

during Transition Period- Subsistence Allowance

Loss of Income: (i) Repairing partially

affected houses &HCSs (112 APs of 28AHs)

(ii) Relocating houses,HCSs (136 APs of 29AHs)

AHs who lose income during the transition period.

• Lump sum amount equivalent to 3 months ofincome based on the official monthly povertyrate established by RGC calculated as$33/month X No. of APs X 3

Monthly Poverty Rate as established by the RGC. For this BRP $33/month/capita poverty line is applied. If at the DRP preparation and contract offer stage an updated poverty line is available, the latest poverty line applies.


Cat Type of Loss Application Category of AH Entitlements Clarification 4b Permanent Loss

of Livelihood Source due to Physical Relocation

Income Restoration (i) Relocating HCSs to

new sites (3 AHs)(ii) Relocating stall-based

businesses to new sites or business stoppage (29 AHs).

AHs who lose their source of livelihood permanently.

• Entitled to participate in any one of the 3Livelihood Restoration/Support Programsat the preferred choice of the AP:

• Land Based Livelihood Restoration forAHs engaged in land-based livelihood. (i)facilitate access to other land- based sourcesof income, if productive land is available, likevegetable gardening, fruit tree, livestock andother similar land-based income generatingsources; (ii) provision of training in farming orlivestock; and (iii) lump sum cash grant of $200to re-start land based livelihood

• In case of unavailability of suitable land, theAHs can opt for either employment orbusiness base livelihood program.

OR• Employment Based Livelihood Restoration

for AHs who lose employment permanently. (i)provision of employment skills training; and (ii)lump sum cash grant equivalent to 3 monthsof income based on official poverty rate tosupplement income support during the trainingperiod.

OR • Business Based Livelihood Restoration for

AHs who lose businesses permanently or AHswho opt for this as an alternative livelihoodsource. (i) provision of business skills; and (iii)a lump sum cash grant of $200 to assist instarting micro or home-based business.

OR • Cash assistance of $500/AH in lieu of IRP.

Land Based for AH who lose land-based livelihood Employment based for AH who lose employment- based livelihood Business based livelihood program for AH who lose business- based livelihood. Can be provided for the AHs who may opt for this. AHs will only be eligible for any one of the above three options.

For this BRP $33/month/capita poverty line is applied. If at the DRP preparation and contract offer stage an updated poverty line is available, the latest poverty line applies

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Cat Type of Loss Application Category of AH Entitlements Clarification Enhancing livelihoods VAHs relocating HCSs (2 VAHs)

Poor and vulnerable • For special assistance to poor and vulnerableAHs, in addition to skills training, (i) lump-sumcash grant under each livelihood restorationprogram will be doubled i.e from $200 to $400under land-based (and business-basedlivelihood restoration and lump sum cashgrant from 3 months to 6 months of incomebased on official poverty rate underemployment-based livelihood restoration; and(ii) priority access to employmentopportunities under the subproject.

Classification will be carried out during the DMS and in accordance with the established criteria prescribed in Section IV.D SOP.


Special Assistance 5a Special

Additional Assistance

Improve living standards for VAPs (i) Repairing partially

affected houses,HCSs and shops (15VAPs of 4 VAHs)

(ii) Relocating houses,HCSs and stall-basedbusinesses (10 VAPsof 3 VAHs)

Poor and vulnerable • Lump sum amount equivalent to 3 months ofincome based on the official poverty rateestablished by RGC ( $33/month X Numberof Members in AH X 3)

Classification will be carried out during the DMS and in accordance with the established criteria prescribed in Section IV.D SOP.


5b Participation in ongoing & future social protection & development programs

All VAHs regardless of extend and type of impact (313 potential VAHs)

Poor and vulnerable • Ensuring the poor to participate ingovernment’s Social Protection Program

• Facilitation of VAHs to participate in localdevelopment programs of government andNGOs, if any.

• Facilitating their participation for subprojectconstruction (i.e., temporary employment)


Cat Type of Loss Application Category of AH Entitlements Clarification 6 Impacts During

Construction Temporarily affected land and non-land assets including businesses

AHs will be identified during construction

Land outside of the alignment that is adverselyimpacted by construction activities will becompensated in cash or in-kind at replacementcost by the civil works contractor. Contractor will restore temporally used

land/structure to pre-project conditions. Contractor will provide access to businesses

for loss of business income.

Impacts due to construction (forexample, damages of structures,restricted access tobusiness/income sources resultingfrom construction activities) andcompensation measures will beincluded in the projectenvironmental management plan. Principles adopted for this BRP

apply.

7 Unanticipated involuntary resettlement impacts beyond 1 to 6 above

New eligible AHs New DPs that will be identified are entitled tothe same entitlements as those of the otherDPs.

GDR shall ensure the conduct of asocial assessment and update theDRP or formulate a DRPdepending on the extent of theimpact changes covering allapplicable requirements specifiedin the DRP in accordance with theSPS and RGC laws andregulations.

Source: Appendix 6 of SOP. Note: All amount and number of AHs in this BRP are just estimates. However, the actual rates and number of AHs/APs will be determined during DMS and by the RCS.

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VI. Consultation, Participation and Disclosure

A. Objectives of Consultation and Participation

98. The objectives of the public consultation and participation of local people include: (i) ensuringthe participation of displaced persons and local communities into the progress of design, preparation,and decision making of subproject; (ii) disseminating all the information and activities related to thesubproject to the displaced persons; (iii) collecting the ideas, concerns, needs, or priorities of theaffected people; (iv) ensuring that all the displaced persons are notified of all the decisions made whichare related directly to their income and living standard; and (v) ensuring the transparency inimplementation of land acquisition, compensation and assistance payment, and relocation.

B. Information Disclosure during BRP Preparation

99. A public information brochure (PIB) in Khmer language was distributed to the participants priorto each consultation meeting. The PIB, attached to this BRP as Annex 2, provided general informationto local people on (i) project and subproject scope and objectives; (ii) anticipated scope of LAR; (iii)ROW and COI for PR312; (iv) cut-off date; (v) conduct of DMS; (vi) eligibility and compensation policy;(vii) relocation assistance; (viii) RCS; (ix) GRM; (x) follow-up disclosure of updated PIBs; and (xi) contactinformation of subproject and resettlement staff. After the approval of BRP by IRC and cleared by ADB,disclose the draft BRP plan, including documentation of the consultation process in a timely manner,before ADB Management Review Meeting, in an accessible place and a form and language(s)understandable to affected persons and other stakeholders. For illiterate people, suitable othercommunication means such as commune and village chiefs will be used based on the discussion inconsultation with the AHs. They will also be uploaded in the website of MPWT and both in Khmer andEnglish. The approved BRP will also be disclosed on ADB and MPWT websites.

100. At the end of each consultation meeting, participants were requested to take more PIBs forsharing with their neighbors who did not participate in the meeting. They were requested to share theirunderstandings of the meeting discussions. The IOL/SES team also distributed large number of PIBsin the process of IOL and SES.

101. Apart from the general information disclosed in the PIB, some specific information was alsodisclosed to affected people during the public consultation meetings held on 04 March 2020. Additionalinformation disclosed is summarized in Table 16 below.

Table 16: Summary of Additional Information Explained and Disclosed

Items Additional Information Disclosed and Consulted Proposed RNIP-II and subproject scope and design

• The DED for PR312 was completed in 2017 but at that time it was decided torehabilitate the road to Class R5/U5 or 7m wide carriageway with 1.5m wideshoulder confined mostly to the existing right-of-way. The desirable/minimumdesign speed of this class of road is 80/60 km/hr for rural section while 60/40km/hrof urban section.

• However, due to road safety requirements, it has been suggested to design theroad carriageway of 7m but widen the shoulder width to 3m. This will bring the roadclassified to R4/U4. The desirable design speed for this class of road is 90km/hr forrural section and 70km/hr for urban section.

• The Class R4/U4 design is yet to be approved by the EA.

• The subproject will adopt output and performance-based road contract that willallow the contractor to propose alternate and cost-effective design changes duringconstruction. Upon approval of the design changes by the EA, such design changeswill be implemented. The design changes may also cause additional or reduce landacquisition and resettlement impacts.


Items Additional Information Disclosed and Consulted Land acquisition and resettlement impacts

• According to the subproject DED under Class R4/U4 design parameters, there willimpacts on land and non-land assets.

• The extent of land acquisition and affected non-land assets will be confirmed duringDMS.

• About 400m between chainages 23+000 and 23+400 of PR312 has been realignedto improve a sharp curve and will pass through agricultural and residential land.

Cut-off date • AHs and local authorities were consulted about and agreed that the cut-off date forthis subproject is the date (04 March 2020) of completion of the first consultationmeeting with the affected people and communities to discuss on the subproject.

• The commune chief and village leaders were informed that they are responsible formanaging the subproject site to ensure that no assets appear after the cut-off date.Those who encroach into the subproject area after the cut-off date will not beeligible for any compensation or any assistance.

Relocation • Relocation allowances are paid those AHs who have legal rights and are legal titleholders under types 7 (i) and 7 (ii) but not illegal squatters or type 7 (iii) under para8, Page 45 or Appendix 2 of SPS.

Information disclosure and participation

• Local people will be encouraged to participate in all the activities of the subprojectincluding discussions with the design engineers on the subproject design, reviewingand making comments on the design, participating in consultation meetings,participating in developing and implementation of measures to avoid and/or mitigatesocial impacts and to enhance positive impacts of the subproject to the communityas well as participating in the operation and maintenance activities.

Implementation schedule of land acquisition and resettlement

• Compensation, assistance, relocation, and land acquisition schedule will beinformed and consulted regularly with the AHs and the community.

• The project management unit, Provincial Department Ministry of Public Works andTransport will inform AHs at least 6 months before the construction activitiescommence.

Grievance redress mechanism (GRM)

• A provincial grievance redress committee (PGRC) will be established in Prey VengProvince by the Governor prior to DMS.

• Complainants will be exempt from paying any fees related to grievance resolution.However, if the aggrieved AH elevates the matter to provincial or high court, s/hewill be responsible to meet the costs of the court proceedings.

Source: Public Consultation Meetings, March 2020, TRTA consultants.

C. Public Consultation and Participation during the BRP Preparation

102. During preparation of the BRP, TRTA consultants together with representatives of MPWT andGDR conducted three consultation meetings on 04 March 2020 on the proposed RNIP-II, the subproject(PR312) and its land acquisition and resettlement related issues. A total of 379 participants (215 malesand 164 females) attended the consultation meetings, including AHs, representatives of communecouncils and village leaders. Table 17 summarizes the timing, location, and the number of participantsin the consultation meetings.

Table 17: Public Consultation Meetings Held during BRP Preparation Province Prey Veng District Preah Sdach Commune Banteay Chakrey Angkor Reach Chey Kampok & Lvea

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Date/Time 04-Mar-202008:30am-10:30am

04-Mar-202010:30am- 12:00am

04-Mar-202002:00pm- 03:40pm

Participants 133 (M:77; F: 56) 152 (M: 106, F: 46) 94 (M: 32, F: 62) Total: 379; (M: 215/56.7%, F: 164/43.3%)

Venue Commune Office Commune Office Svay Udom Pagoda Working group 9 members (representatives of MPWT, MEF-GDR and TRTA consultants)

Source: TRTA consultants.

103. All concerns and opinions raised by the consultation meeting participants have been addressedand incorporated into this BRP. The Minutes of the Consultation Meetings are presented in Annex 3.Table 19 summarizes the key questions raised by the AHs and responses provided at the consultationmeetings.

Table 18: Summary of Key Questions and Responses Question/Suggestion Response ROW is about 20m both sides and some houses are likely to be 100% affected. So, what will the subproject do with that?

The houses, if 100% affected, will be fully compensated at replacement costs for the houses but not the land. It’s very important to study further if the owners are landless for real, this has to be verified by local authorities and the cadastral office. If yes, then the If yes, IRC-WG will facilitate them to apply for social land concession at provincial office.

If purchased land only has the letter from village and commune chief, will it be compensated?

If the land has proper documents to legally prove ownership, then the owner will be entitled for the compensation at market price to be determined by RCS.

Will the power line poles be affected and how will they be re-installed

Yes, some poles and transmission line will likely need to be reinstalled. They will be re-installed by the contractor or the contractor will subcontract to the power authority for re-installation. This applies to other public facilities as well.

When will the subproject be implemented? How will the MEF compensate to the affected persons? Suggestion to disseminate information about compensation to all peoples living along the road.

The proposed subproject is at the design stage and it will be financed under a proposed loan from the ADB. The loan is not yet approved by ADB. Once the loan is approved, an updated PIB with more details will be disclosed to AHs along the road.

The demarcation of the COI is now being carried out. Therefore, everyone can know clearly see COI boundaries. The affected land and non-land assets will be compensated at replacement costs.

There was a study conducted in 2015 and a realigned section to avoid the sharp curve, with land acquisition impact, was confirmed. Would the subproject shift the alignment to the other side so as to avoid land acquisition at this (inner) side?

Based on road safety requirements, it will be very difficult not to realign the road to avoid the sharp curve at the inner side. If not realigned, there will be very high risks of traffic and pedestrian accidents at the sharp curve.

Some of the houses are very expensive ($50,000+) and some lands are very small in size. So, how much of the compensation will be made?

Houses will be compensated at replacement costs. However, land within the ROW is not entitled for compensation. Private lands, if affected, will be compensated at market price.

The TREA Market area will be affected, the houses, business were already in ROW for 20 to 30 years. How this will be compensated?

Yes, businesses will be compensated for loss of income for up two months, together with transitional allowance for reestablishment. Again, no compensation for occupied land.

Some section takes 9m from left hand-side and 11m from right hand side. Why not equal width for both sides?

In addition to minimizing LAR impact, site conditions like drainage system, filling up requirement and consequent construction costs are also factoring in determining widths from the two sides.

Source: TRTA consultants.

D. Information Disclosure, Consultation and Participation Arrangements

104. During the DRP preparation and implementation, as well as the subproject implementation,more consultation and participation (C&P) activities will be organized. In addition to well-arrangedconsultation meetings, as presented in Table 19, large number informal consultations will also becarried out during DRP preparation and during DRP and subproject implementation. The core


resettlement taskforces (IRC-WG, PRSC-WG and GDR) will lead the consultation and participation activities, while ADB, project implementation and management consultant (PIMC) and external monitoring organization (EMO) will also play active roles in the processes.

105. The DRP will also include an updated consultation and participation arrangements for DRP and subproject implementation. C&P, communication, grievance redress, information disclosure, and other interaction with APs will be undertaken in manners that allow them to understand depending on their education level, language capacities, and cultural context.

Table 19: Summary Consultation and Participation Arrangements No. Activity Purpose Date Organizers Participants Note 1 2nd round (pre-DMS)

public consultation meetinga)

• Consultation & participation

• Mobilization of DMS, SES and RCS

• Latest information disclosure

Shortly before DMS

IRC-WG PRSC-WG GDR MPWT

AHs, village and commune chiefs, EMO, PIMC and ADB

Once in each commune

2 3rd round (pre-contract agreement signing) public consultation meeting


• Mobilization of agreement signing with AHs


After approval of DRP and shortly before agreement signing

IRC-WG PRSC-WG

GDR, AHs, village and commune chiefs, EMO, PIMC and ADB


3 4th round (pre-compensation payment) public consultation meeting


• Mobilization of compensation payment


After completion of agreement signing and shortly before commencement of payment

IRC-WG PRSC-WG

GDR, AHs, village and commune chiefs, EMO, PMIC, and ADB


4 Informal/individual consultations


• Clarifications on various resettlement and project related issues

During DMS and follow up DRP and subproject implementation During site visits of ADB and MPWT review missions

Project staff, PRSC-WG DMS/SES teams, Contractor GDR, ADB, MPWT, PMIC

AHs and others Per actual needs

5 Monitoring • Consultation & participation

During monitoring GDR, EMO AHs, villages & communes.

a): It is defined as second consultative meeting in the SOP; the public consultation meeting held for preparing this BRP is defined as 1st consultative meeting.

106. Information disclosure will also continue either separately or along with the various consultation and participation activities. Table 20 summarizes information disclosure arrangements. Similarly, the DRP will also include updated information disclosure arrangements.

Table 20: Summary of Information Disclosure Arrangements No. Stage Activity Date Note 1 BRP

Stage Uploading final BRP on websites of ADB and MPWT Nov. 2020 English

2 Distribution of hard copies of the Draft BRP at the 4 affected communes with notice from communes to AHs

Nov. 2020 Khmer

3 DRP Distribution and explanation of updated PIB with entitlements and GRM procedures among AHs

Before and during DMS

Khmer

4 Uploading DRP on websites of ADB and MPWT After DRP approval

English, Khmer

5 Distribution of hard copies of DRP to commune office with notice from commune to AHs

Khmer

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Any updates of DRP, a new DRP and corrective action plan, if any and quarterly safeguard monitoring reports will also be disclosed on ADB and MPWT websites

English

6 DRP implementation

Distribution of PIB on compensation package among AHs Before compensation payment

Khmer

7 All stages Supplementary information disclosure formally or informally per actual needs


VII. Grievance Redress Mechanisms

A. Establishment of Grievance Redress Mechanism

107. Grievances are inevitable during the follow-up BRP updating and implementation. Following the legal framework regarding GRM32 and prior to the preparation of DRP, this subproject will establish the GRM at the provincial level for receiving, recording, assessing and facilitating the resolution of complaints and grievances raised by the affected persons during LAR.

108. The GRM will be formally established by setting up the provincial grievance redress committee (PGRC) in Prey Veng Province. The Provincial Governor, in consultation with the IRC, will confirm the composition of the provincial grievance redress committee (PGRC) prior to the conducting DMS. The MEF will facilitate the setting up of PGRC.

109. The PGRC will basically comprise of representatives from the relevant provincial authorities and MEF as listed in Table 22. The DRP will further specify the PGRC composition.

Table 21: PGRC Composition No. Representative Position held 1 Governor of Preg Veng Province Chairperson 2 Director of Provincial Department of Land Management, Urban Planning

and Construction Deputy Chairperson

3 Director of Provincial Department of MEF Members 4 Chief of Provincial Office of Law and Public Security Member 5 Governor of Preah Sdach District Member 6 Representative of a local civil society organization Member

B. Objectives

110. Objectives of the GRM are: • To reach mutually agreed solutions satisfactory to both the project and the APs, and to

resolve any grievances locally, in consultation with the aggrieved party; • To facilitate the smooth implementation of the LAR, particularly to cut down on lengthy

litigation processes and prevent delays in project implementation; and • To facilitate the development process at the local level, while maintaining transparency

as well as to establish accountability to the APs.

C. Grievance Resolution Procedure

111. An affected person may informally seek the assistance of the commune chief or a community senior to discuss and find an amicable solution to his/her grievance with the leader of the PRSC-WG. This is done verbally and informally, and no recording is required. The PRSC-WG will consult with the IRC-WG, if necessary, to ensure grievance is properly addressed. Any activities in resolving grievances at this stage (commune-level) will be recorded by the commune authorities and reported in the internal monitoring reports. In the event that the grievance is not resolved to his/her satisfaction, he/she may seek the formal route for lodging the grievance as described in Table 22 and it is further illustrated in Figure 3. Non-literate and literate APs can also lodge a formal complaint in oral or via other means such as mobile phone, short message service (SMS), Telegram, and etc. In case of a non-written complaint from an AP, the contact person at each step will record, confirm and document the complaint.

32 Subsection II-A-e).

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Table 22: Grievance Redress Procedure

Step Action Level

Process* Timeline

1 District Office

1) The head of aggrieved AP must lodge the complaint in writing to the Head of the District Office. The Administration Officer at the District Office will assist the AP to fill in the Individual Complaint Form shown in Annex 4. The Administration Officer will assign a Case Number, enter the ID or

Family Book number and other details and ensure that the Form is fully completed. After entering all the details, the head of the AP will be required to sign

or thump print the Form. A copy of the thump printed Form will be provided to the head of the AP.

2) The Administration Officer will then register the complaint in a Register of Complaints as shown also in Annex 4.

3) The District Office will convene a meeting at a date and time suitable to the Head of the District Office. Once the date is agreed, the Administration Officer of the District Office will inform the Head of the complaining AP and the IRC-WG and invite them to join the meeting to mediate a solution, if possible.

4) The conciliation meeting must be held and a decision made within 15 working days after the date of registration of the complaint by the District Office.

5) If the compliant is upheld at the District level, the decision is submitted to the responsible Resettlement Department for necessary action. The GDR will inform the aggrieved AP of the decision and the actions that will be taken to remedy the grievance in writing within 15 working days from the receipt of the letter from the District Office. A copy of the letter will be sent to the District Office for its record.

6) The Head of the District Office will inform the Head of the AP of the decision taken in writing in the format shown in Annex 4. The response letter will be copied to the PRSC and the responsible Resettlement Department. Step

30 WD

2 GDR 1) When the aggrieved AP does not agree with the decision at the Step 1 level, the Head of the aggrieved AP has the option to lodge the complaint to GDR for consideration. In such a case, the Head of the aggrieved AP can submit the complaint in writing to the GDR. The complaint must be in the same format as in Annex 4. The complaint letter can be sent thorough PRSC or directly to the GDR. The complaint must be lodged within 15 working days after receipt of the response letter from the District Office on the decision under Step 1.

2) In case of group complaint, the authorized representative must submit the complaint to the GDR in writing providing the details and basis and justification of the common grievances. A complaint letter that is generic in nature and does not provide basis and justification for the common grievances will be rejected. It will be returned to the authorized representative with a justification by the GDR. The complaint letter must be accompanied by a letter of authority with the names of each of the head of the AP in the group, their ID or Family Book Number and signed or thump printed the APs authorizing the representative to submit the complaint on their behalf.

3) On receipt of the complaint, the DIMDM of the GDR will register the complaint in a Register of Complaints in the same format as shown in Annex 4 (both for Individual and Group complaints). In the case of group complaint, the details of the authorized representative and the number of aggrieved APs are entered in the Register of Complaints.

4) The DIMDM33 will conduct a thorough review and investigate the substance of the claim to check the merit against the entitlements under the Entitlement Matrix in the DRP. It may visit the field to verify the details of the complaint with the aggrieved AP and the Commune/Village authorities and gather all the

Up to 50 WD

33 It is responsible for recording and reviewing complaints and grievances.


Step Action Level

Process* Timeline

relevant information and data. The IRC-WG will provide the necessary support for organizing the field visits.

5) After the review and the verification are completed, the DIMDM will prepare and submit a report on its finding with relevant recommendations (if any) to the DG of the GDR within 30 working days after the registration of the complaint. In case of an individual complaint, the DG of the GDR will make a decision within 5 working days after the receipt of the report.

6) In case of group complaint, the matter will be referred to IRC for a decision in which case 10 more working days will be required for making the decision for matters related to policy interventions. Policy level decisions are not subject to grievance redress by the PGRC.

7) The GDR will convey the decision to the aggrieved AP in writing within 5 working days after a decision has been made. If the complaint has been found to have merit, the DIMDM will inform the responsible Resettlement Department to settle the claim within 15 working days from the date of the decision.

3 PGRC 1) The complaints will be considered by the PGRC only if they have gone through Step 2. In case the complaint is rejected in Step 2, the individual or the group of aggrieved AHs have the opportunity to lodge the complaint to the PGRC within 10 working days after receipt of the response from GDR under Step 2. The complaint must be lodged in writing to the Provincial Governor, as the Chair of the PGRC through the provincial administration office. The complaint letter must provide (i) the compliant that was lodged with the GDR in Step 2; (ii) the decision of the GDR; and (iii) the reasons or basis for challenging the decision.

2) The provincial administration office will record the receipt and forward the letter to the assistant in the Provincial Governor’s office who will register the complaint in a Register of Complaints and prepare a file for the Chair of the PGRC within 3 working days after receipt of the complaint letter.

3) The Provincial’s Governor’s office will convene a meeting of the PGRC. The meeting shall be held not later than the 20 working days after the date of registration of the Register of Complaints.

4) The Chair of the PGRC will set the time and date for the meeting and inform and invite all the members of the PGRC, the GDR, the PRSC and the aggrieved AH(s) to participate. The aggrieved APs and/or their local representative will be invited to present the case and justification for seeking a resolution.

5) The matter will be openly deliberated among the members of the PGRC in the meeting before arriving at a decision. The Chair will invite the GDR and the PRSC to provide clarifications and explanations. The decision to accept or reject the complaint must be reached on a consensus basis.

6) The Chair may decide that a field visit is necessary to examine the matter further before a decision can be made. In such a case, he/she may depute member(s) of the PGRC to carry out the field review and report back to him. The Chair can make a decision based on the findings of the field report and inform all members of the PGRC of the decision. The final decision must be made within 40 working days after receipt and registration of the complaint.

7) Once the final decision is made, the Chair of the PGRC will convey the decision to the aggrieved APs in writing with a copy to the GDR. If the decision is to accept the grievance, the GDR will need to take corrective actions within 30 working days from the date of receipt of the decision letter from PGRC. This step will conclude the administrative procedures for the grievance redress mechanism.

Up to 70 WD

*Denote: in case of group complaint, GRM process starts at Step 2. DG = Director General; DIMDM = Department of Internal Monitoring and Data Management; GDR = General Department of Resettlement; IRC = Inter-Ministerial Resettlement Committee; PGRC = Provincial Grievance Redress Committee; PRSC = Provincial Resettlement Sub-Committee; RGC = Royal Government of Cambodia; WD = working day; WG =working group.

49


112. The handling of the complaint through administrative procedures ends at the third Step. Therewill be no fees or charges levied on the APs for the lodgment and processing of the complaints.

113. As provided for in the Expropriation Law, the aggrieved AP can file a suit at theProvincial/Municipal Court, as applicable, to seek a judicial resolution if he/she is not satisfied with thedecision of Step 3. In such event, there is no involvement of the GDR, PRSC or IRC-WG unless thereis a judicial order from the competent court.

Figure 3: Procedures of GRM

D. Resolution of Group Complaints

114. A group complaint is when a complaint is lodged by a group of APs who face the samegrievance(s) based on the same facts. In some cases when the group comprises of less than 5 APs,they can be treated as individual complaints.

115. Group complaints do not relate to individual claims but a grievance that is common to all or adistinct group of affected persons. There might be instances where a group of APs will lodge a complaintif they are not satisfied with some elements of the LAR and compensation package. Any complaintlodged by a group that does not address a common grievance will be rejected for consideration.

116. The resolution of group complainant starts at Step 2 of the GRM procedures as described inTable 23 and illustrated in Figure 4. In other words, the group complaints will need to be lodged withthe GDR. A representative of the group can file the compliant on behalf of the group but will need to


satisfy two criteria: (i) proof of authority to act for the group-a list of the APs with their thump prints and declaration of the authority to act on behalf of the group; and (ii) the representative is from the APs’ community.

E. Additional Mechanisms

117. In addition, ADB has its Accountability Mechanism Policy (2012)34 that is to be accountable topeople for ADB-assisted projects as a last resort mechanism. The accountability mechanism providesa forum where people adversely affected by ADB-assisted projects can voice and seek solutions totheir problems and report alleged noncompliance of ADB's operational policies and procedures.

118. The aggrieved APs, if not satisfied with the decisions at the various levels listed in Table 22 oreven the court’s decision, can appeal the case to Office of the Special Office Facilitator of ADB.35 Thegovernment agencies involved in LAR will not in any way impede APs’ access to the ADB AccountabilityMechanism.

F. Complaint Documentation

119. The DIMDM will create a central database to record all the relevant details about thecomplaints, summary of the findings and the decision taken. A summary on the status of all complaintswill be prepared and included in the quarterly safeguard internal monitoring reports.

120. The proposed forms for lodging and registering complaints and decisions are in Annex 4.

34 https://www.adb.org/site/accountability-mechanism/main. 35 www.adb.org/site/accountability-mechanisn/contacts

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

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

http://www.adb.org/site/accountability-mechanisn/contacts

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VIII. Institutional Arrangements and Implementation

A. Institutional Setup

121. The RGC follows a centralized arrangement for the implementation of LAR under the overallguidance and oversight of the Ministry of Economy and Finance (MEF) and Inter-ministerialResettlement Committee (IRC). The General Department of Resettlement (GDR) of MEF is mandatedby the MEF to lead the implementation of LAR for both public and public-private partnershipinvestments. This arrangement ensures efficiency, effectiveness, and consistency in the LAR.

122. The planning, implementation, monitoring and reporting of LAR involve the MEF, IRC, GDRand EA/IA as the key agencies. The institutional setup for LAR is illustrated in Figure 3, while key tasksof the agencies are presented in the following subsections.

Figure 4: Institutional Setup

123. Ministry of Public Works and Transport (MPWT). MPWT and its PMU 3 will coordinateclosely with the Inter-Ministerial Resettlement Committee-Working Group (IRC-WG) on all mattersconcerning involuntary resettlement, working closely with Resettlement Department 3 (RD3) of GDR toprepare, update, and implement the BRP and DRP. Roles and responsibilities of MOWRAM include:

(i) Sharing the final DED with RD3 of GDR;(ii) Set out the demarcation of the land requirement along the final alignment within 1 month

after completion of the DED, jointly with RD3 of GDR;(iii) PMIC international and national social safeguards and resettlement specialists to work

with RD3 of GDR to assist with the DMS, information disclosure, consultations withaffected people and communities, preparation of DRP, etc.;

(iv) Provide RD3 of GDR with the proposed construction schedule identifying the schedulefor completion of resettlement and handover of sites by sections to the contractor at least6 months before the planned contract award date;

(v) Inform RD3 of GDR in a timely manner if construction progress is hampered byresettlement or in case of any anticipated bottleneck;


(vi) Assist and cooperate with RD3 of GDR in seeking solutions to problems encounteredduring implementation of the PR312 subproject;

(vii) Invite RD3 of GDR to participate in supervision missions and wrap up meetings with ADBand ensure RD3 comments on land acquisition and resettlement issues are incorporatedin aide memoires, memorandum of understandings, and minutes of discussions; and

(viii) Responsible for ensuring there is no further encroachment on the ROW of the PR312subproject after it has been handed over by RD3 of GDR.

124. Inter-Ministerial Resettlement Committee (IRC). The IRC has the mandate to review andevaluate the land acquisition and resettlement impacts for public physical infrastructure developmentprojects in Cambodia. The IRC is a collective entity, permanently chaired and led by MEF, withmembers from different line ministries. The IRC carries out its roles through a Working Group (IRC-WG) which is established by MEF for each public investment project. For the PR312 subproject, theresponsibilities of the IRC include:

(i) Review and approve the BRP and DRP prior to submission to ADB for its review andapproval;

(ii) Provide effective oversight and ensure land acquisition and resettlement complies withthe laws and implementing rules and regulations;

(iii) Ensure effective coordination between line ministries, provincial and local authorities,and GDR in carrying out land acquisition and resettlement;

(iv) Provide overall guidance on implementing rules and regulations for land acquisition andresettlement and propose updates; as necessary; and

(v) Initiate the establishment of PGRC, if one previously not established.

125. General Department of Resettlement (GDR). The GDR is the permanent Secretariat of theIRC and the lead agency directly responsible for the preparation, implementation, and monitoring andreporting of land acquisition and involuntary resettlement. The GDR will carry out these activities underPR312 subproject through its RD3. For this, detailed tasks of RD3 of GDR will include:

(i) Coordinate and collaborate with line ministries, MPWT, and other agencies involved inland acquisition and resettlement activities;

(ii) Conduct public consultations and FGDs with the affected persons and vulnerablegroups;

(iii) Prepare the DRP for the subproject with the assistance of RNIP-II Consultants andsubmit to ADB for review and acceptance;

(iv) Develop terms of reference and recruit the replacement cost appraiser;(v) Prepare and secure the necessary budget for the implementation of the DRP;(vi) Calculate, prepare contracts, and make payments for compensation for each AH based

on the entitlement matrix in the DRP;(vii) Implement all land acquisition and resettlement activities in compliance with the DRP;(viii) Ensure proper functioning of the GRM by DIMDM;(ix) Supervise, monitor, and report on implementation progress of the DRP;(x) GDR sends Land Handover Letter to MPWT with a copy to ADB;(xi) Prepare and submit through DIMDM to ADB quarterly progress and semi-annual

monitoring reports;

53


(xii) Prepare, agree with ADB and implement corrective action plan, if any, duringimplementation; and submit the corrective action plan implementation report to ADB forconcurrence and disclosure;

(xiii) Conduct awareness workshops for MPWT, line ministries, local authorities, andconstruction contractor on the implementing rules and regulations as specified in theDRP; and

(xiv) Serve as the focal knowledge center for resettlement of the project.

126. In addition, the DIMDM of GDR is responsible for carrying out the internal monitoring of theimplementation of the DRP and the verification and validation of the compliance of the entitlements andcompensation payments with the provisions of the entitlement matrix in the DRP. Its role extends tointernal verification of all land acquisition and resettlement activities for compliance with the provisionsunder the agreed RP and DRP and reports directly to the Director General of GDR. In addition, it recordsand reviews all complaints and grievances submitted by displaced persons; investigates them andmakes recommendations on compliance to the Director General of GDR. After the payment ofcompensation and other entitlements is completed, GDR will prepare and submit to ADB the DRPimplementation report to obtain “no objection” for civil works.

127. IRC-Working Group (IRC-WG) 36 is the technical arm of IRC to plan and carry out the day-to-day land acquisition and resettlement activities under the subproject, which is led by the DeputyDirector, Chief of the Resettlement Department of GDR and comprise of technical PMU staff of theexecuting agency, staff of the Resettlement Department and staff of the Ministry of Land Management,Urban Planning and Construction. The IRC-WG is responsible for all the field work under thesupervision of the Director of the Resettlement Department and overall guidance and direction of theDirector General of GDR.

128. Provincial Resettlement Sub-Committee (PRSC)37. The PRSC in Prey Veng Provincewill be established by the Provincial Governor at the request of IRC for PR312 subproject. Therole of the PRSC is as follows:

(i) Provide coordination and support to the GDR, IRC, and IRC-WG for land acquisition andresettlement activities at the local level;

(ii) Ensure all relevant provincial and local government authorities provide the necessarysupport for land acquisition and resettlement;

(iii) Manage the public consultation meetings at the provincial level;(iv) Oversee and monitor the work of the PRSC-WG;(v) Responsible and accountable for the disbursements of the compensation payments at

the provincial level; and

(vi) Assist the IRC-WG in developing measures to assist vulnerable households by thesubprojects.

129. PRSC Working Group (PRSC-WG). The PRSC-WG will be established by the ProvincialGovernor for the PR312 subproject and is mainly responsible for technical functions of the PRSC andworks with the IRC-WG in carrying out the land acquisition and resettlement activities at the provinciallevel. In addition to supporting the PRSC, the PRSC-WG has the following specific functions:

36 IRC-WG, led by the Deputy Director/Chief of the Department of Resettlement of GDR, will comprise of technical staff of PMU3 of MPWT and staff of the Resettlement Department.

37 The PRSC will comprise of (i) the Provincial Governor or the Deputy Governor as the Head and (ii) Provincial Department Directors of the Line Ministries represented in the IRC and (iii) the respective chiefs of the Districts and Communes of the locations affected by the subproject as members


(i) Facilitate all public consultation and information disclosure meetings and maintainrecords;

(ii) Cooperate with consultants and IRC-WG in carrying out the DMS and in theimplementation of the approved DRP;

(iii) Lead the payments of compensation to displaced persons; and(iv) Prepare monthly progress reports on all land acquisition and resettlement activities at

the provincial level and submit to PRSC and GDR.

130. Project Management and Implementation Consultants (PMIC). The PMIC will have veryminimal role in the implementation of the DRP of the PR312 subproject. It will assist MPWT and PMU3in the management and supervision of civil works activities and will ensure that the contractors adhereto with the terms of their contracts relative to avoiding and/or minimizing resettlement impacts. If landacquisition is or is likely to create a bottle neck for the progress of works, the PMIC will promptly advisethe RD3 of GDR through the PMU3 of the problem. The international and national resettlementspecialists engaged under the proposed RNIP-II will work under the direction and guidance of RD3.The PMIC, including a social safeguard specialist, will assist the RD3 and PMU3 to jointly resolve anythe problems on social safeguards. The social safeguard specialists will also support GDR to preparethe DRP for the subproject and to prepare the quarterly social safeguards monitoring reports duringDRP implementation.

131. Cadastral Administration Office. The Cadastral Administration Office under the Ministry ofLand Management, Urban Planning and Construction is responsible for issuing title documents,including the land use rights certificate, hard titles and social land concessions as part of securingtenure for landless and issuing title documents for the land plots acquired in favor of MPWT. Providinga land plot or cash grant to acquire land to the landless who are illegal squatters is not an Entitlementunder the Land Law, the Law on Expropriation and the BRP/DRP. However, the GDR-IRC will informthe relevant authorities about the poor landless households affected by the subproject who may beeligible to apply for a Social Land Concession. However, the decision on granting a social landconcession will be made at the sole discretion of the relevant authorities in accordance with regulationson Social Land Concession. Verification on land use and land ownership of the landless AHs will becarried out during the DMS by the General Department of Resettlement (GDR) and the villageadministration.

132. The concerned local administrative authorities (district, commune, and village). Thedistricts, communes, and villages where the subproject is located will coordinate and work closely withthe PRSC-WG and IRC on the DRP preparation and implementation. Their roles and responsibilitiesinclude:

(i) Identify and coordinate the venue for the public consultation meetings and invite AHs toparticipate in the consultation activities, IOL, DMS, SES, RCS and other resettlementrelated activities; and

(ii) Assist the IRC-WG, PRSC-WG, and GDR in developing suitable measures to assist.

B. Roles of ADB

133. ADB, as the main funding agency of the subproject, will periodically review the subproject andits LAR implementation, as well as provide clearance for contract awards and the signing/initiation ofcivil works on the project. Main responsibilities of ADB related to BRP updating and follow upimplementation include:

Review, clear and disclose this BRP on the ADB website Review, clear and disclose the DRP on ADB website Review, clear and disclose monitoring reports of DRP implementation

55


Make comments and suggestions based on site visits and review of external monitoringreport.

C. Implementation Schedule

134. The LAR tentative implementation schedule, together with the project implementationmilestones, is illustrated in Table 23.

Table 23: LAR Tentative Implementation Schedule of Resettlement Activities No. Activity Timeline 1 BRP finalization and approval

1.1 Finalization of BRP Mar. 2021 1.2 Approval of BRP (by both IRC and ADB) Mar. 2021 1.3 Disclose BRP on MPWT and ADB websites Apr. 2021

2 Project approval, final DED and engagement of PIMC

2.1 Loan effectiveness To be determined (TBD) 2.2 Engagement of contractor and PMIC TBD 2.3 Preparation of final DED (by consultant) TBD 2.4 Approval of final DED (MPWT) TBD

3 DRP preparation and approval 3.1 Conducting DMS, RCS and SES 2.0 months after final DED approval 3.2 Preparation of Draft DRP 1.0 month after DMS 3.3 Submit Draft DRP to ADB 1.0 week after Draft DRP preparation 3.4 Finalize DRP and submit to ADB 3 weeks after Draft DRP preparation 3.5 Approval of DRP (both IRC and ADB) 2.0 weeks after final DRP submission 3.6 Disclosure of DRP on MPWT and ADB websites 1 week after DRP approval 3.7 Approval of budget for DRP 1.0 month after DRP approval 3.8 Start implementation of DRP 0.5 month after budget approval 3.9 First quarterly social safeguard internal monitoring

report Beginning of next quarter after DRP implementation)

4 No Objection to Civil works After Landover letter with DRP implementation report

Source: RD3 of GDR planning on land acquisition and involuntary resettlement.

D. Notice to Start Civil Works

135. Notice to contractor to start civil works for any section of PR312 cannot be given until the GDRhas officially handed over the section to MPWT and had also confirmed that in writing:

Payment has been fully disbursed to the AHs and assistances are in place; A comprehensive income and livelihood rehabilitation program, supported by an adequate

budget, is in place to help displaced persons improve, or at least restore, their incomes andlivelihoods.

Already compensated/assisted AHs have cleared their respective sites (surface clearance)in a timely manner; and

The entire COI for the section is free from any encumbrances (surface clearance done).

56

IX. Budget and Financing

136. The cost for all land acquisition, compensation and resettlement assistances including relocation for the AHs under the subproject will financed from the national budget of RGC as counterpart funds for the proposed RNIP-II. No financing will be required from the loan proceeds of the proposed RNIP-II provided by ADB. The timelines for budget request, budget approval and deposit of funds in the designated account after DRP clearance by ADB is in Table 23.

137. The resettlement budget estimated in the BRP indicative and is based the preliminary RCS was carried out along with IOL and SES. The preliminary RCS report is in Annex 5. The preliminary RCS had established unit price for each type of affected physical asset and average net income of businesses. The budget will be finalized after the DMS and the RCS, the latter to be conducted by an independent consultant recruited by IRC.

A. Indicative Resettlement Budget

138. The indicative estimated cost of resettlement for the PR312 subproject is $1,835,25643, including (i) $1,445,083.80 as direct cost; (ii) $28,901.68 (2.0% of direct cost) for external monitoring; (iii) $144,508.38 (10.0% of direct cost) for administration expenses; and (iv) $216,762.57 (15.0% of direct cost) as contingency. The transaction cost for the transfer of land ownership from the legal titleholder to the MPWT due to the land acquisition will not be charged to the titleholder and are included in the management cost under this budget. Cost for restoration of public facilities will be covered by under civil works of the contractor. Details of the indicative budget estimate, with direct costs, itemized by the entitlement categories, are in Annex 6

B. Fund Flow Management and Disbursement

139. The GDR is lead agency directly responsible for LAR and is accountable for ensuring that the funds are spent only for the purposes of the preparation and implementation of the LAR and within the approved budget. The GDR is therefore responsible for financial management functions, including budgeting, financial accounting, financial reporting and auditing for the expenditures for LAR.

140. For the purpose of financing of LAR, the GDR will open a project designated account in the name of the subproject at the National Bank of Cambodia or any other approved financial institution including commercial banks to manage the LAR funds received from RGC. All funds for expenditures for LAR from the approved budget will flow through this subproject designated account.

141. The GDR is responsible for setting out the detailed procedures for the payment of compensation to APs and to ensure that these are made in accordance with the signed individual contracts.

142. The disbursement procedures are further illustrated in the following chart.

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Figure 5: Budget Disbursement Procedures

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X. Monitoring and Reporting

143. The monitoring of LAR implementation is critical to the success of the subproject. While the EA is responsible for monitoring the implementation of the subproject construction, the responsibility for monitoring and reporting on the implementation of the LAR activities is mandated to GDR.

144. This subproject, as it is Category A on involuntary resettlement,38 is subject both internal and external monitoring. The monitoring of PR312 subproject will be combined with that for NR23 subproject.

A. Internal Monitoring

a) Objective

145. The objective of internal monitoring is to (i) measure and report on the progress in the follow-up preparation and implementation of the DRP which is an update of this BRP; (ii) identify problems and risks, if any and propose measures to mitigate them; and (iii) assess if the compensation and rehabilitation assistance are in accordance with the provisions under the DRP.

b) Responsibilities

146. The primary responsibility for gathering the data and information on the progress of the LAR implementation from the field rests with IRC-WG and the PRSC-WG which will submit monthly reports to the responsible resettlement department. The resettlement department will compile the field reports and prepare a consolidated report for the subproject every month. The report will be submitted to the DIMDM which is responsible for internal monitoring. The responsibility of the DIMDM is to (i) review the monthly progress reports, including fielding its own missions to verify the progress and the validity of the data and information, if deemed necessary; and (ii) compile quarterly monitoring/progress report for submission to the Director General of GDR. After the quarterly report is endorsed by the GDR, it will be submitted to EA to be included in the proposed RNIP-II quarterly progress report.

147. In cases where a serious problem is encountered at any time during the preparation or implementation of the DRP, the DIMDM will field a special mission to assess the situation and prepare a special report for remedial action and submit to the Director General of GDR for a decision.

c) Reporting Contents

148. The progress reports will include the status of the following: • Set up of institutional arrangements • Compensation payments for entitlements • Development of relocation sites and relocation, if any • Grievance redress • Public consultations • Budget expenditures • Livelihood support program, where applicable • Overall progress against agreed implementation schedule • Major problems and issues • Proposed remedial actions

38 There are still uncertainties about subproject design. Upon approved final design, GDR will confirm or re-categorize the LAR

impact during DMS.

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149. The progress report will also validate if that the implementation of the LAR activities is in accordance with the DRP or not. In particular, it will validate that:

• The entitlements and the corresponding compensation are paid in accordance with the Entitlement Matrix

• The GRM is functioning as per the guidelines of SOP

d) Main Indicators

150. Main indicators for data collection, mostly by PRSC-WG, are indicators presented in Table 24. Table 24: Activities and Indicators for Internal Monitoring

No. Activity Indicator 1 Institutional setup • Establishment of IRC-WG

• Establishment of PRSC • Establishment of PRSC-WG • Establishment of PGRC

2 DMS and contract signing • Completion of DMS • AHs by type (No.) • Completion of draft contracts (No. and % of AHs)

• Completion of contract signing (No. and %) 3 Entitlements and

compensation payment • Payments made by AH by type (No. and %) • Payments made by type of losses (%) • Overall budget disbursement for compensation (%) • AHs cannot be located (No.) • Timelines for disbursements

4 Relocation • Relocation site preparation (% of civil works completed) • House plots prepared (No. and %) • House plots allocated (No. and %) • AHs physically relocated (No. and %) • Business relocation plots prepared and/or identified (No. and %) • Business relocated (No. and %)

5 Grievances • Complaints received by type (No.) • Decisions made by type of complaints (No.) • Pending complaints by level of handling (No.)

6 Public consultation and meetings

• Consultation meetings by type (No.) • Main issues raised • Participants by type (No. gender, AH type) • PIBs distributed (No.)

7 Livelihood support program (if applicable)

• AHs eligible for land-based, employment-based and business/enterprise-based program (No.)

• Disbursement of financial support grant across the three programs • Skills training by type (No). • Training participants by type by gender (No. and %) • Participation rate in training

8 Budget disbursement • Overall budget disbursement (%) • Budget disbursement and spending by category (amount and %)

B. External Monitoring

151. Upon approval of the project and prior to DRP preparation, GDR will start to engage a qualified and experienced local external monitoring organization (EMO) to verify the internal monitoring reports for both PR312 and NR23 subprojects and to assess the quality and effectiveness of LAR implementation. The external monitor will (i) assess the implementation of the LAR activities; (ii)

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determine if they comply with the provisions agreed in the DRP; (iii) identify any issues or potential issues that are or may negatively impact the satisfactory implementation of the DRP; (iv) prepare corrective action plan and suggest mitigation measures; and (v) assess livelihood restoration status of AHs. The EMO will carry out its role and report on a semi-annually during LAR implementation and annually for 2 years after completion of LAR activities. The EMO will report on any significant non-compliance issues identified during the field review and recommend corrective actions to address the non-compliance issues.

152. The EMO’s reports will be submitted to DIMDM for review before finalization and submission for endorsement of the Director General of GDR. Thereafter the report will be submitted to ADB for review and disclosure.

153. Annex 7 presents the draft terms of reference (TOR) for external monitoring and it will be updated and be included in the DRP after the approval of RNIP-II. The EMO will commence its field work (baseline survey and observing DMS and SES) along with the DMS

C. Reporting Schedule

154. The DRP will specify reporting formats and schedule for both internal and external monitoring. A tentative reporting schedule is in Table 21 by assuming that DRP implementation could commence in the fourth quarter of 2021. It should be noted that DMS, SES and RCS for preparing the DRP will not start without an approved final DED that will be prepared by the contractor. As indicated in Table 23, there will a long process for project approval, contractor selection and approval, and final DED preparation and approval.

Table 25: Tentative Reporting Schedule Report Tentative Date

Internal Monitoring 1st quarterly progress report April 2022 2nd quarterly progress report July 2022 3rd quarterly progress report Sept. 2022 4th quarterly progress report Jan. 2023 5th quarterly progress report July 2023 6th quarterly progress report Sept. 2023

External Monitoring Monitoring plan July 2021 (prior to DMS) 1st monitoring report (baseline survey report attached) July 2022 2nd monitoring report Jan. 2023 3rd monitoring report July 2023 4th monitoring report Jan 2024 5th monitoring report July 2024

6th monitoring report (end line survey report attached) July 2025 (one year after completion of LAR)

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Annexes

Annex 1: IOL Results A. List of Affected Houses

Land use unit/ IOL code Chainage APs Area (m2) Impact Vulnerability 591 09+082 - 09+130 4 25.9 Permanent

1114 13+460 - 13+510 6 13.8 Shift back

1240 17+654 - 17+659 4 9.2 Shift back

1343 17+750 - 17+758 7 22.7 Shift back

1348 17+790 - 17+800 1 7.0 Shift back

1363 18+014 - 18+027 4 4.4 Shift back

1371 18+123 - 18+137 4 40.8 Shift back Landless 1461 20+306 - 20+340 5 20.0 Shift back

1529 20+743 - 20+768 4 16.5 Shift back

1652 22+553 - 22+565 4 7.2 Shift back

1741 24+515 - 24+536 4 6.9 Shift back

64 00+194 - 00+211 4 22.4 Partial 116 01+383 - 01+397 3 18.7 Partial 196 04+038 - 04+091 6 12.0 Partial Landless 235 02+601 - 02+629 7 20.8 Partial

580 09+000 - 09+010 4 4.8 Partial 643 09+861 - 09+865 1 8.0 Partial Female headed 644 09+865 - 09+869 4 6.4 Partial 929 11+149 - 11+159 4 1.8 Partial 1197 16+575 - 16+588 4 22.2 Partial 1248 17+725 - 17+730 3 5.3 Partial 1532 20+800 - 20+850 3 12.0 Partial 1696 23+063 - 23+087 4 15.0 Partial 1726 24+145 - 24+157 3 60.5 Partial Total 24 AHs 97 384.4 3 VAHs/11 VAPs

Permanent 1 AH 4 Shift back 10 AH 43 Partial impact 13 AHs 50 Potential vulnerable 3 AHs 11

B. List of Affected Houses cum Shops

Land use unit/IOL code Chainage APs Area (m2) Impact Vulnerability 934 11+238 - 11+244 4 9.36 Permanent Landless 993 10+093 - 10+097 4 60 Permanent 1436 19+383 - 19+398 2 40 Permanent Landless 104 00+912 - 00+919 5 15.91 Shift back 115 01+370 - 01+383 5 4.1 Shift back 832 12+115 - 12+172 3 22.32 Shift back 1239 17+643 - 17+654 3 23.65 Shift back 1244 17+697 - 17+705 3 33.63 Shift back 1342 17+736 - 17+750 5 17.22 Shift back 1344 17+758 - 17+763 5 15 Shift back 1345 17+763 - 17+773 3 38.76 Shift back 1349 17+800 - 17+812 4 14.21 Shift back 1398 18+734 - 18+742 3 10 Shift back 1542 21+104 - 21+124 4 14.4 Shift back 1800 25+725 - 25+735 5 8.8 Shift back 116 01+383 - 01+397 3 2 Partial 258 03+620 - 03+770 5 12.6 Partial Landless 416 07+532 - 07+569 5 28 Partial 577 08+981 - 08+988 3 14 Partial 654 09+914 - 09+918 5 0.7 Partial 662 09+957 - 09+961 5 4.3 Partial 729 10+375 - 10+380 3 6 Partial 833 09+133 - 09+167 5 1.2 Partial 940 11+315 - 11+331 6 24.89 Partial 1206 16+811 - 16+821 5 19.38 Partial 1241 17+659 - 17+664 3 15.18 Partial 1354 17+852 - 17+862 3 10 Partial 1406 18+891 - 18+914 5 8.32 Partial 1653 22+565 - 22+577 3 14.4 Partial 1771 23+969 - 23+989 3 24.75 Partial

Total 30 AHs 120 513.1 3 VAHs/11 VAPs Permanent 3 AHs 10 Shift back 12 AH 48 Partial impact 15 AHs 62 Potential vulnerable 3 AHs 6

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C. List of Affected Shops Land use unit/ IOL code Chainage AP Renter Area (m2) Impact Vulnerability

65 00+194 - 00+211 4 1 21.6 Shift back 227 01+617 - 01+633 5

46.2 Shift back

279 04+461 - 04+500 4 9 Shift back 415 07+510 - 07+532 4 31.11 Shift back 443 06+918 - 06+942 4 14.76 Shift back, light material 458 07+547 - 07+584 2

25.92 Shift back

465 07+790 - 07+830 9 21 Shift back 530 08+117 - 08+200 4 21.5 Shift back 796 11+353 - 11+395 4 13.5 Shift back 807 11+674 - 11+689 4 36 Shift back 833 09+133 - 09+167 5 13.86 Shift back 945 11+390 - 11+394 3 20 Shift back 947 11+403 - 11+426 5 8.7 Shift back

1073 12+144 - 12+156 3 10.08 Shift back 1231 17+561 - 17+571 6

32.9 Shift back

1350 17+812 - 17+824 5

11.34 Shift back 37.5 Shift back 1353 17+842 - 17+852 5 21 Shift back 1355 17+862 - 17+869 4 24.3 Shift back 1359 17+914 - 17+929 7 25.2 Shift back 1373 18+148 - 18+159 4 44.1 Shift back 1406 18+891 - 18+914 5 18 Shift back 1412 19+095 - 19+113 4

13.44 Shift back

1452 20+024 - 20+038 4 10.4 Shift back 1606 21+546 - 21+592 3 9.45 Shift back 1717 23+927 - 23+936 3 8 Shift back 1766 25+481 - 25+505 4 12.95 Shift back, light material 68 00+247 - 00+259 4 22.47 Partial 70 00+264 - 00+275 5 35.2 Partial 389 06+428 - 06+451 7 30.4 Partial 447 07+020 - 07+040 4 28 Partial 507 08+912 - 08+920 4 6 Partial 546 08+587 - 08+614 5

6 Partial

557 08+794 - 08+813 5

20.7 Partial 582 09+015 - 09+020 2 15.75 Partial 583 09+020 - 09+030 6 10 Partial 639 09+696 - 09+708 2 21.4 Partial 663 09+961 - 09+966 2 4.7 Partial 664 09+966 - 09+970 5 4.1 Partial 666 09+975 - 09+981 7 8.8 Partial 668 09+988 - 09+992 6 7.77 Partial 675 10+022 - 10+026 5 2.1 Partial 676 10+026 - 10+030 4 3.04 Partial 677 10+030 - 10+035 4 4.7 Partial 678 10+035 - 10+039 4 2.88 Partial 679 10+039 - 10+047 4 10.27 Partial 680 10+047 - 10+051 4 3.44 Partial 681 10+051 - 10+056 4 5.94 Partial 682 10+056 - 10+062 6 12.2 Partial 683 10+062 - 10+066 4 0.8 Partial 684 10+066 - 10+073 3 8.16 Partial Female headed 691 10+098- 10+108 6 10 Partial 692 10+108 - 10+116 6 13.2 Partial 693 10+116 - 10+121 5 5.76 Partial 694 10+121 - 10+148 6 10.8 Partial 695 10+148 - 10+157 2 2.73 Partial 697 10+162 - 10+167 5 4.6 Partial 698 10+167 - 10+173 6 6.4 Partial 704 10+197 - 10+203 5 1.8 Partial 705 10+203 - 10+209 6 1.8 Partial 706 10+209 - 10+217 2 4 Partial 707 10+217 - 10+227 2 8 Partial 710 10+247 - 10+260 7 23.56 Partial 713 10+276 - 10+283 6 3.3 Partial 721 10+325 - 10+329 3 17.62 Partial 722 10+329 - 10+333 5 4.5 Partial 723 10+333 - 10+338 4 5 Partial 725 10+345 - 10+354 5 30.4 Partial 731 10+389 - 10+398 2 10.17 Partial 834 09+167 - 09+172 4 5.4 Partial 836 09+175 - 09+185 3 18.6 Partial 850 09+399 - 09+417 4 1 5 Partial 851 09+417 - 09+422 5 2.4 Partial 852 09+422 - 09+427 4 1 16.65 Partial 870 09+749 - 09+774 5 13.2 Partial 873 10+233 -10+245 6 9.58 Partial 879 10+298 -10+307 6 12.4 Partial 886 10+383 -10+388 4 2.76 Partial 888 10+394 -10+398 7 14.4 Partial 889 10+398 -10+407 5 28.5 Partial 893 10+430 -10+437 4 0.75 Partial 897 10+462 -10+472 4 14.64 Partial 903 10+507 -10+511 5 11 Partial 916 11+036 - 11+055 7 27 Partial 921 11+097 - 11+109 4 4.1 Partial 924 11+120 - 11+125 3 5.3 Partial 944 11+374 - 11+390 4 2.2 Partial 956 09+919 - 09+923 5 6.8 Partial

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Land use unit/ IOL code Chainage AP Renter Area (m2) Impact Vulnerability 957 09+923 - 09+931 6 23.94 Partial 959 09+954 - 09+967 10 3.72 Partial 960 09+967 - 09+972 4 0.8 Partial 961 09+972 - 09+984 4 0.72 Partial 995 10+100 - 10+105 3 12.72 Partial 996 10+105 - 10+110 4 8.4 Partial

1000 10+126 - 10+134 6 40.5 Partial 1002 10+139 - 10+143 2 12.4 Partial 1003 10+143 - 10+147 5 13.32 Partial 1005 10+151 - 10+155 4 12.9 Partial 1006 10+155 - 10+159 4 12 Partial 1007 10+159 - 10+163 5 12.9 Partial 1009 10+177 - 10+184 5 10.44 Partial 1010 10+184 - 10+191 7 14.7 Partial 1012 10+195 - 10+199 4 8.75 Partial 1014 10+206 - 10+210 4 2.4 Partial 589 12+522 - 12+533 3 8.4 Partial

1245 17+705 - 17+713 4 76.5 Partial 1247 17+718 - 17+725 4 34.5 Partial 1347 17+785 - 17+790 3 45.6 Partial 1358 17+900 - 17+914 4 23.56 Partial 1520 20+532 - 20 +569 4 6.3 Partial 1533 20+850 - 20+865 4 8.3 Partial 1615 21+783 - 21+797 6 12.25 Partial 1651 22+533 - 22+553 4 6.27 Partial 1725 24+080 - 24+145 5 9 Partial 1772 23+989 - 24+005 5 21.42 Partial 1788 24+387 - 24+405 6 12 Partial

Total 115 AHs 521 3 1,655.7 1 VAH/3 VAPs Permanent 0 0 0 Shift back 26 AHs 114 1 27 shop, #1354 has 2 shops Partial impact 89 AHs 407 2 Potential vulnerable 1 3 Shift back

D. List of Affected Stalls/Vendors

Land use unit/ IOL code Chainage AP Renter Area (m2) Impact Vulnerability 962 09+972 - 09+984 7 1 2.5 Permanent 963 09+984 - 10+054 5 8 Permanent 964 09+984 - 10+054 3 8 Permanent 965 09+984 - 10+054 4 6 Permanent 966 09+984 - 10+054 5 21.09 Permanent 967 09+984 - 10+054 5 8 Permanent 968 09+984 - 10+054 5 2.2 Permanent 969 09+984 - 10+054 6 1 6.5 Permanent 970 09+984 - 10+054 4 1 3.57 Permanent 971 09+984 - 10+054 9 1 7 Permanent

0 7 Permanent 972 09+984 - 10+054 4 4.76 Permanent 973 09+984 - 10+054 4 4.4 Permanent 974 09+984 - 10+054 5 3.96 Permanent 975 09+984 - 10+054 6 9.68 Permanent 976 09+984 - 10+054 4 12 Permanent 977 09+984 - 10+054 3 8 Permanent 978 09+984 - 10+054 5 19.32 Permanent 979 09+984 - 10+054 4 22 Permanent 980 09+984 - 10+054 3 8 Permanent 981 09+984 - 10+054 7 24 Permanent 982 09+984 - 10+054 3 8 Permanent 983 09+984 - 10+054 5 17.82 Permanent 984 09+984 - 10+054 5 9.46 Permanent 985 10+054 - 10+073 5 1 18.56 Permanent 986 10+054 - 10+073 4 1 1.4 Permanent 987 10+054 - 10+073 5 1 3.5 Permanent 988 10+054 - 10+073 4 1 12.15 Permanent 989 10+054 - 10+073 4 18.36 Permanent 991 10+084 - 10+090 3 1 24.52 Permanent 22 00+279 - 00+298 3 6 Shift back, light material 367 05+549 - 05+579 3 7.5 Shift back, light material

1094 13+895 - 13+920 5 11 Shift back, light material 1297 18+233 - 18+289 7 5.5 Shift back, light material 1382 18+561 - 18+581 7 6 Shift back, light material 1551 21+580 - 21+600 5 3 Shift back, light material 1610 21+700 - 21+708 5 9.57 Shift back, light material 724 10+338 - 10+345 3 21 Partially affected 728 10+369 - 10+375 5 4.8 Partially affected 994 10+097 - 10+100 1 11.9 Partially Affected 997 10+110 - 10+114 4 11.29 Partially Affected 998 10+114 - 10+119 6 17 Partially Affected

1001 10+134 - 10+139 2 15.84 Partially Affected 1013 10+199 - 10+206 4 29.26 Partially Affected 1015 10+210 - 10+214 5 16 Partially Affected 1016 10+214 - 10+218 4 8.14 Partially Affected 1325 18+962 - 18+982 6 1.4 Partially Affected

Total 46 AHs 211 9 494.95 0 Permanent 29 AHs 136 9

Shift back 7 AHs 35 Partial impact 10 AHs 40 Potential vulnerable 0 0

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E. Affected Secondary Structures

No. Village

Awning/extend eave

Kitchen/storage/other structures Fence – brick

Fence - Concrete pole

with wire

Fence – metal

Fence - wood and loose

Other secondary structure

Other secondary structure

AH Area (m2) AH Area

(m2) AH Area (m2) AH Area

(m2) AH Area (m2) AH Area

(m2) AH Area (m2) AH Set

1 Samrong 19 455.24 1 8.1 10 319.06 15 425.32 8 101.7 3 34.16 15 273.37 29 32 2 Peany 10 145.44 3 43.1 7 116.39 5 124.95 1 10 19 278.56 5 267.05 5 13

Lvea Commune Subtotal 29 600.68 4 51.2 17 435.45 20 550.27 9 111.7 22 312.72 20 540.42 34 45

3 Pou 3 47.9 0 0 0 0 4 90.16 1 13.2 5 43 7 63.82 2 2 4 Bra Thmor 1 21.6 2 18.6 3 34.02 1 19.04 1 1.33 0 0 1 5.1 1 1 5 Snor 1 26 1 12.25 4 27.06 3 191.31 5 48.76 6 224.95 4 22.84 4 4

Chey

Commune Subtotal

5 95.5 3 30.85 7 61.08 8 300.51 7 63.29 11 267.95 12 91.76 7 7

6 Krouch 2 13 1 6 4 282.1 5 157.08 1 11.4 0 0 2 44.56 6 6 7 Loeng 30 560.21 4 58.66 12 133.01 11 304.29 14 267.95 8 337.14 20 342.09 19 23

8 Kransang Torng 128 2146.55 19 216.64 50 397.06 8 99.2 72 1345.73 36 531.7 129 1723.56 83 95

9 Prey Meas 21 305.11 3 40.54 8 56.15 0 0 23 321.11 3 24.2 36 384.48 13 16 10 Boeng Ith 2 19.56 2 19.4 0 0 1 44.8 0 0 4 54 0 0 4 5

11 Prey Ah Stang 7 192.68 1 10.08 3 10.99 5 220 0 0 7 147.7 6 116.95 4 4

12 Oknha Em 5 130.93 5 183.84 2 26.63 9 353.34 1 17.94 9 718.72 3 42 9 13

NGKOR Reach

Commune Subtotal

195 3368 35 535.16 79 905.94 39 1178.7 111 1964.1 67 1813.5 196 2653.6 138 162

13 Pou 18 527.75 2 59.97 2 12.84 10 179.15 8 285.66 12 297.98 8 209.27 6 6

14 Brobos Roluoy 36 661.34 7 115.42 6 36.99 15 330.9 10 183.42 34 617.8 15 404.67 23 23

15 Boeng Kampot 2 21.74 1 12 3 243.6 5 268 0 0 3 46 3 60.2 5 5

16 Ta Im 9 120.72 4 39 2 6.96 8 156.6 0 0 19 487.7 7 66.8 9 9 17 Pou Chrek 11 193.26 3 16.38 8 25.374 11 274.9 0 0 31 474.4 4 53.95 11 14 18 Sampoung 15 169.08 2 34.5 5 166.3 5 83.4 7 93.04 6 139 16 215.6 11 11

19 Damrei Slab 13 328.4 0 0 7 182.47 10 236.26 6 114.59 8 135.4 10 361.97 12 13

20 Bros Sva 11 292.62 2 16.51 5 519.92 7 169.7 0 0 5 89 7 368.62 11 11 21 Kokour 0 908.09 0 0 0 0 0 0 0 0 0 0 0 0 0 22

Banteay Chakrey

Commune Subtotal

115 2314.1 21 297.8 38 1194.4 71 1698.9 34 676.7 118 2287.3 70 1741.1 88 92

Total 344 6379.3 63 911.0 141 2596.9 138 3728.4 158 2815.83 218 4681 298 5026.9 267 306

F. Affected Land, Crops and Trees

No. Village Residential Land Agriculture Land Crop Fruit Tree Non-productive tree AH Area (m2) AH Area (m2) AH Area (m2) AH Area (m2) AH Quantity

1 Samrong 0 0 0 0 0 0 26 57 31 292 2 Peany 0 0 0 0 0 0 27 42 55 450

Lvea Commune Subtotal 0 0 0 0 0 0 53 99 86 742

3 Pou 0 0 0 0 0 0 3 9 12 90 4 Bra Thmor 0 0 0 0 0 0 5 8 8 31 5 Snor 0 0 0 0 0 0 15 31 14 82

Chey

Commune Subtotal

0 0 0 0 0 0 23 48 34 203

6 Krouch 0 0 0 0 0 0 2 3 16 94 7 Loeng 0 0 0 0 0 0 18 49 12 47 8 Kransang Torng 0 0 0 0 0 0 48 81 31 64 9 Prey Meas 0 0 0 0 0 0 1 1 0 0

10 Boeng Ith 0 0 0 0 0 0 9 18 10 65 11 Prey Ah Stang 0 0 0 0 0 0 15 80 20 189 12 Oknha Em 0 0 0 0 0 0 18 109 20 169

NGKOR Reach

Commune Subtotal

0 0 0 0 0 0 111 341 109 628

13 Pou 0 0 0 0 0 0 27 85 24 240 14 Brobos Roluoy 0 0 0 0 0 0 63 205 40 103 15 Boeng Kampot 0 0 0 0 0 0 13 45 11 39 16 Ta Im 0 0 0 0 0 0 40 122 38 428 17 Pou Chrek 0 0 0 0 0 0 53 189 23 105 18 Sampoung 4 6538 4 7193 4 7193 23 118 14 53 19 Damrei Slab 0 0 0 0 0 0 26 131 18 56 20 Bros Sva 0 0 0 0 0 0 19 77 7 30 21 Kokour 0 0 0 0 0 0 0 0 0 0

Banteay Chakrey

Commune Subtotal

4 6538 4 7193 4 7193 264 972 175 1054

Total 4 6538 4 7193 4 7193 451 1460 404 2627

G. Detailed Land Loss Data

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*: To be further confirmed during DMS.

H. List of Affected Trees RCS Code Type of Tree Quantity RCS Code Type of Tree Quantity

1.1 Mango - Type 1 2 21 Kapok tree 43 1.2 Mango - Type 2 173 22 Feroniella Lucida 33 1.3 Mango - Type 3 13 23 June Plum 7 2 Coconut 47 24 Wood Apple 10 3 Jackfruit 126 25 Orange 1

4.1 Bamboo-Type1 9 27 Manila tamarind 259 4.3 Bamboo-Type3 3 28.1 Guava 71 5 Tamarin 41 29 Longan 2 7 Lemon/Lime 1 30 Milk fruit 6 8 Sugar Palm Tree 236 31 First quality wood 1 9 Custard Apple 20 33 Pomegranate 4

10 Soursop 10 34 Sapodilla 0 11 Acacia/Eucalyptus 1740 35 Palm oil tree 0 12 Cashew 16 36 Star fruit 1 13 Prune 32 37 Papaya 16 14 Star gooseberry 15 38 Banana 130

15 Jujube 93 39 Non-fruit tree such as Rain Tree, Golden Shower Tree, Flamboyant 894

17 Neem-tree 30 18 Wax Apple 2

TOTAL: 4,087

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Annex 2: Public Information Brochure Proposed Road Network Improvement Project-Phase II

PR312 Rehabilitation 1. What is the Proposed Road Network Improvement Project (Phase II)? The Royal Government of Cambodia has requested the Asian Development Bank (ADB) to finance the Proposed Road Network Improvement Project -Phase II (the proposed Project) to rehabilitate National Road (NR) 23 and Provincial Road (PR) 312. The Ministry of Public Works and Transport (MPWT) will the Executing Agency of the proposed Project. The Proposed Project is at its preparatory stage following ADB loan processing procedure and it is tentatively schedule for implementation from 2021 to 2030. ADB is currently implementing a transaction technical assistance (TRTA) to prepare the proposed Project.

2. What are the objectives of the proposed Project? The objective of the proposed Project is to enhance connectivity and facilitate efficient movement in Cambodia and within the Greater Mekong Subregion through National and Provincial roads rehabilitation and development, as well as improving axle load control to minimize damages to the roads and strengthening awareness of road safety and potential social problems.

3. What is the description of the PR312 subproject. The PR312 subproject is in Prey Veng Province and majority of the length of the road traverses in flat terrain starting from NR1 at Samrong village in Lvea Commune and ends at the Cambodia-Vietnam border at Korko village in Banteay Chakrey Commune. About 18.10km of PR312 passes through a densely populated urban area whereas the remaining 10.30km cuts through rural areas. The existing road 5.5m wide and is of double bituminous surface treatment (DBST) and is in poor condition. It will be upgraded and widened to 7.0m and will be DBST. The road is very vital for cross border traffic and trade link between Cambodia and Vietnam. This Public Information Brochure (PIB) is prepared for the PR312 subproject rehabilitation. The NR23 and PR312 subprojects are illustrated in the map below.

Location Map of NR23 and PR312 Subprojects

4. What are the scope of land acquisition and resettlement and likely impacts? According to the subproject DED under Class R4/U4 design parameters, there will be impacts on land and non-land assets.

5. What are the Row and COI of PR312? The RoW is the state or government-owned land. The COI is where the proposed works are to be carried out. The RoW of PR312 is 40m (20m from the centerline on either side). The COI, entirely within the RoW, is 18-22m (9-12m from the centerline on either side).

The COI is the proposed where rehabilitation works will be carried out. The affected people in the COI after

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compensation payments will need to move out to allow the civil works of the road to be carried out. The COI is subject to minor adjustment and will be finalized by construction drawings. The construction drawings will be made by contractors based on the DED and improvement suggestions made by TRTA consultants and MPWT.

6. What is the cut-off date for eligibility? The cut-off date is the date established by RGC that establishes the eligibility of the affected households/affected persons (AH/AP) for receiving compensation and resettlement assistance under the proposed Project. Only those AHs who are located in the COI or lose their assets before the cut-off-date will be eligible for compensation and assistance. Any person who occupies land after the cut-off-date will be ineligible for receiving compensation. Fixed assets such as built structures (new or expansion of existing structures), crops, fruit trees, and other similar assets after the cut-of-date will not be compensated.

A census and an Inventory of Loss (IOL) will be conducted soon after the current public consultation with the affected communities is completed to determine the potential AHs and preliminarily identify affected land and non-land assets. The cut-off-date will be the last date on which the inventory of loss (IOL) is completed. The IOL will determine the list of AHs who will be eligible for compensation for their loss of land and non-land assets. The cut-of-date for PR312 is 04 March 2020.

7. What is the detailed measurement survey and when will it be conducted? The detailed measurement survey (DMS) is a detailed survey and measurement of all affected assets including land, houses and structures, shops, crops and trees of all the AHs. It will be conducted for each AH to record and agree on all the AH’s losses. The survey will also collect information and data on socioeconomic status, sources of livelihood, income, etc. This is carried out in the presence of the AH and witnessed by a commune or village official. The DMS will be the basis for the calculation of the compensation package for each AH.

The DMS will be carried out after the proposed Project is approved by the ADB and the DED completed and approved by the EA. The AHs and local authorities will be informed prior to the commencement of this activity.

8. What will be the compensation and entitlements? Households/People affected by the proposed Project are entitled to receive compensation for affected assets under the following key compensation principles:

• Provisions of fair and just compensation in advance. • Full compensation paid before expropriation or clearance. • Compensation is based on the replacement costs of lost assets at market prices that will be determined

by an independent consultant through replacement cost study (RCS) without any deductions made for depreciation, salvage materials and transaction costs.

(a) Will I be compensated for lost land? The RoW is state land and AHs who occupy land on the RoW will not be compensated for the land. However, they will be compensated for any loss resulting from using the land like for example, for operating a stall or planting crops or fruit trees.

In case of using private land for new alignments or using private land outside of the RoW due to design changes, compensation will be paid at the replacement cost of the land to be used.

(b) Will I be compensated for affected house and structures that I own? Yes. Private houses and structures that are affected by the proposed Project will be compensated at replacement cost without counting depreciation, salvage materials or transactions costs. Structures include fences, wells, pavements and other similar structures for which the AH can show ownership. If the house or structure is partially affected, then the compensation will be paid for the affected portion unless it can be shown that the remaining portion can no longer be useful with the removal of the affected portion. In such cases, compensation will be paid for the whole structure.

(c) Will I be compensated for my crops and trees? Yes. For annual crops that are produced on annual seasonal basis like rice, sufficient notice will be provided to the AHs so that they can harvest the crops in time. No compensation is paid for crops in this case. For standing crops that are ripening but cannot be harvested by the time the land is required, the AHs will be compensated for the lost crop on replacement cost basis.

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For perennial crops (trees that produce fruits for multiple years like mango tree), the AHs will be compensated for the loss of fruit which will take into account the loss of potential income and the time required to reestablish the perennial trees.

(d) If I have to relocate my house or stall, is there any relocation assistance? Apart from the compensation for the structures at replacement costs, transitional allowances will be paid as follows: (i) fixed lump sum transportation allowance for moving the assets; and (ii) loss of business income in case of stalls carrying out business. In case, the AHs are classified as poor and vulnerable, these allowances will be doubled.

(e) In case my livelihood is affected, how will I be compensated? The DMS will take note of the livelihoods of the AHs and whether there is any impact on them. Under the proposed Project, for AHs whose livelihood is impacted they will be provided with income loss or restoration support:

(i) Loss of income during the transitional period where physical relocation is required. This will cover loss of income during the period of self-relocation.

(ii) When main source of livelihood source is permanently lost, a livelihood restoration/support will be provided to assist the AHs rebuild/restore their livelihood.

In case the AHs are classified as poor and vulnerable, these allowances will be doubled. In addition, the proposed Project will seek to provide work opportunities during the construction period.

9. How will the replacement cost be decided and compensation calculated? The payment for compensation will be made based on the market value or replacement cost of the lost assets without deduction being made for salvage materials, depreciation or transaction costs. A Replacement Cost Study (RCS) will be carried out by a local qualified independent consultant with the necessary experience in asset valuation to determine the prevailing market rates. This will be done at the time of the DMS. The RCS consultant will carry out a detailed analysis of the market rates for all types of assets prevailing in the proposed Project area and prepare the unit rates for each category of the loss asset. These will be used to calculate the replacement value. The General Department of Resettlement of the Ministry and Economy and Finance will select the RCS consultant before the commencement of DMS.

10. Who do I contact in case I need clarifications or have a problem/complaint? At this stage of preparing the proposed Project, the contact persons and their mobile numbers are provided in the box below who can provide you with clarifications on the proposed Project related technical issues. At this point in time, the eligibility, loss of assets, the DMS and the compensation packages have not been decided and hence any complaints relating to them will not be entertained.

When the proposed Project is approved by ADB, the Inter-Ministerial Resettlement Committee of the MEF will establish a Grievance Redress Mechanism (GRM) under which Grievance Redress Committees will be established at both District and Provincial levels. These Committees will be set up and made operational before the commencement of the DMS. Any complaints or grievances on any aspects of the compensation package will need to be sent to these Committees for resolution. An updated PIB with all the details on the GRM will be circulated to the AHs during a separate public consultation meeting before the commencement of the DMS.

Contact Persons Related to Land Acquisition and Resettlement Mr. Chanvibol Kim, Deputy Director, General Department of Resettlement, Ministry of Economy and Finance, Phnom Penh.

Tel: 09555699 Mr. Sam An, Project Manager, Project Management Unit 3, Ministry of Public Works and Transport, Phnom Penh

Tel: 012777470

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Annex 3: Minutes of Public Consultation Meetings A. General

Province Prey Veng District Preah Sdach Commune Banteay Chakrey Angkor Reach Chey Kampok and Lvea Date/Time 04-Mar-2020/

08:30am-10:30am 04-Mar-2020/ 10:30am- 12:00am

04-Mar-2020/ 02:00pm- 03:40pm

Participants 133 (M:77; F: 56) 152 (M: 106, F: 46) 94 (M: 32, F: 62) Venue Commune Office Commune Office Svay Udom Pagoda Working group 9 members (representatives of MPWT, MEF-GDR and consultants)

B. Agenda Note: PIBs of Khmer Language were distributed some time before the meeting so as to enable participants to read through before the commencement of consultation meeting

Opening remarks by commune chiefs Presentation by H.E. Prum Chan Sovannary (Deputy Secretary of State, MPWT) Presentation of road design by Mr. Prok Novida of MPWT Presentation of LAR related policy and implementation issues by Mr. Khuon Davith of MEF-GDR Open discussions, questions/queries from participants and responses from the working group

C. Major Issues Presented and Discussed

RGC and ADB overall land acquisition and involuntary resettlement policies Overview of the RNIP II and selected road sections Detailed explanation of Public Information Brochure Road design features and criteria for avoiding impact Involvement of communities in the subproject planning, design and implementation Expectation of the subproject from beneficiaries (participation in transect walk/drive, consultations and

IOL-SES survey) Output of the Transect Walk/Drive and how the community concerns are incorporated into the design Overview of Grievance Redress Mechanism (GRM) Requirement to avoid use of ROW, and non-compensation for any additional expansion of or building

new structures on ROW after transect walk / drive (cut-off date) Framework for compensation and Entitlements (MEF-SOP on LAR) Vulnerable Group, Ethnic minorities and Indigenous Peoples Income Restoration Program

1. Opening Remarks

- In his opening remarks the Commune Chiefs welcomed the participants to the meeting. They informed the participants that this public consultation meeting was organized to discuss the rehabilitation of the Provincial Road No.312 (PR312) under the Proposed Road Network Improvement Project-II (RNIP-II). They mentioned that PR312 was important for cross border traffic and trade between Vietnam and Cambodia and the improvement of road will provide better access to markets for all residents living along the road. They told the participants that the Public Information Brochure that was distributed before the start of the meeting contains all the information on the RNIP-II and PR312. They requested the participants to carefully read the PIB and understand RNIP-II and PR312. The participants were told the contents of the PIB will be explained in detailed by the experts during the meeting. They emphasized that the meeting is chaired by His Excellency Prum Chan Sovannary and he is going to lead this meeting focusing on the discussion on the Proposed RNIP-II particularly on PR312.

- His Excellency Prum Chan Sovannary welcomed the participants. He introduced the Inter-Ministerial Resettlement Committee Working Group (IRC-WG) to the participants and announced the roles of RGC’s MEF-GDR, MPWT, and the Consultants involved in this Proposed RNIP-II which was yet to be approved by the Asian Development Bank (ADB). He briefed the participants that the Proposed RNIP-II will (i) rehabilitate 23km of National Road 23 and about 28km of PR312 to climate resilient standards;

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(ii) improve axle load control; and (iii) strengthen awareness of road safety and institutional capacity. He informed the participants that the they should carefully listen to the experts of the IRC-WG and understand technical design and the social impacts that the improvement of the road will impose to the affected households. He informed them that at the end of the consultations and briefings by the IRC-WG experts, they will be given the opportunity to ask questions or seek clarifications on the matters that they did not clearly understood. He requested the MPWT representative to explain the subproject and the roles of each agency involved in the design and implementation PR312.

2. Presentation of Mr. Prok Novida, MPWT’s representative:

- Mr. Novida explained the roles of each agency involved in the design and rehabilitation of PR 312 were

explained to the participants so that they clearly understood the responsibilities of each agency. He further explained in detail the contents of PIB on areas of RNIP-II and rehabilitation of about 28km of PR312. He discussed the technical design parameters of the PR312, its geometric alignment and the realigned sections and gave the presentation on the description of the road location. The PR312 is in Prey Veng Province and majority of the length of the road traverses in flat terrain starting from NR1 at Samrong village in Lvea Commune and ends at the Cambodia-Vietnam border at Korko village in Banteay Chakrey Commune. About 18.10 km passes through a densely populated urban area whereas the remaining 10.30km cuts through rural areas. The existing road 5.5m wide and is of double bituminous surface treatment (DBST) and is in poor condition. It will be upgraded and carriageway widened to 7.0m and the surface will be treated with DBST.

- He also emphasized that the typical road width is 11m in total as you can see in the engineering drawings. 3.5m x 2 for carriage way, 1.5m x 2 for shoulder each and its margin 0.5m each side. The wider pavement design is to improve road safety on the road. There will be larger road embankment for some sections depending on its existing conditions and for urban areas the road might be wider since the side drains are required.

3. Presentation of Mr. Khuon Davith, MEF-GDR’s representative:

- Mr. Davith reiterated the role of GDR to the participants by informing them that GDR is the lead agency

directly responsible for land acquisition and involuntary resettlement under RNIP-II and PR312. He explained that the participants may wonder why they must participate in so many meetings since 2016 when the feasibility study for RNIP was undergoing. He explained the PR312 and NR23 have land acquisition and resettlement impacts and therefore they were dropped from the RNIP but is now being considered under the Proposed RNIP-II. Furthermore, he explained that DEDs for NR23 and PR312 were completed in 2017 but the DEDs did not include axle load control and road safety components. Therefore, the DEDs are being revised to include axle load control and safety components under the Proposed RNIP-II.

- He emphasized that your participation and these consultations meetings are very important to obtain information on your concerns and any issues on the Proposed RNIP-II as well as PR312 so that these concerns and issues are addressed during the design and implementation stages of RNIP-II and PR312. Furthermore, we encourage your greater involvement in every stage (as early from design to implementation) of RNIP-II and PR312 as you are the ultimate beneficiaries and there is the project transparency to everyone. Therefore, several studies need to be conducted in order to share and to collect information from/to the households.

- Given that the Proposed RNIP-II will be funded by ADB and RGC, I elaborate on ADB Safeguard Policy Statement (SPS) 2009 on land acquisition and involuntary resettlement. It is mandatory that ADB’s SPS 2009 must be complied with and RGC’s laws and regulations must be followed. The legal policy framework will be included in the BRP and DRP of PR312.

- He encouraged the participants to read the PIB distributed to them prior to the commencement of this meeting for further information about Proposed RPNI-II and PR312. He informed them that the PIB has been developed and simplified in Khmer Language for easier reading and understanding and indicated that the contacts of key persons about RNIP-II and PR312 in the PIB in the event if any of you have issues or problems or want to seek clarifications. He explained the PIB in detail covering the topics on the Proposed RNIP-II and subproject PR312 location, road cross section parameters, design speed of

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curves, right-of-way (ROW), corridor of impact (COI), cut-off date, entitlement, resettlement assistance, RCS, grievance redress mechanism (GRM) for complaints as detailed below.

- He explained that the ROW of PR312 is 20m each side from the centerline of the road. However, the

COI where the construction will take place will be different at each location and will be narrower than the ROW

- On compensation payment, he informed the participants that they shall be made based on the full

replacement cost of the lost assets. He explained that an independent consulting firm with experience in valuation will be recruited by GDR to carry out the RCS. All compensation payment must be made before the start of road construction. There is a long process before getting compensation, at this stage we are conducting the IOL and then will follow by DMS, which usually happen after the Proposed RNIP-II is approved by ADB. The compensation shall be made to the affected person after the approval the DRP by IRC and ADB and approval of the budget by MEF. He elaborated that compensation and special assistance will be provided to the vulnerable group.

- On the entitlements, he explained that there will be an entitlement matrix the BRP identifying potential impacts and losses. The entitlement matrix will be updated in the DRP with actual impacts and losses based on the DMS. He informed to those who have already built their houses on ROW, the houses or affected structures will be compensated but not the land. However, if the construction of the road requires more land exceeding the ROW the government will compensate for the loss of land at full replacement cost at current market price determined by the RCS Consultant. For any crops and trees in the COI, compensation will be paid for them at full replacement cost.

- Regarding the cut-off date, the IRC-WG established the today or 04 March 2020 as the cut-off date for

this PR312 subproject. From now on, people are not allowed to build any type of structures and/or use the ROW to plant any crop or tree. To those using ROW after the cut-off date, they will not be entitled for compensation.

- With respect to GRM, when the Proposed RNIP-II is approved by ADB, the IRC of the MEF will establish

a GRM under which Grievance Redress Committees will be established at both District and Provincial levels. These Committees will be set up and made operational before the commencement of the DMS. Any complaints or grievances on any aspects of the compensation package will need to be sent to these Committees for resolution. An updated PIB with all the details on the GRM will be circulated to the AHs during a separate public consultation meeting before the commencement of the DMS. To be noted that, the complaints through district and provincial level will be free of charge however for the complaint going through the court system will be met by the affected person.

- He also suggested that affected houses/structures, any crops and trees (fruit and unproductive) shall

not be removed before the compensation is made. Otherwise, GDR will not be responsible for the loss of their compensation.

- Mr. Davith informed participants that an income restoration program (IRP) will be provided free under

Proposed RNIP-II to all the members of AHs who will permanently lose their sources of livelihood. He explained there are three categories of training under the IRP namely land-based livelihood restoration, employment-based livelihood restoration and businesses-based livelihood restoration. APs can participate in one of the categories at their preferred choices. In lieu of IRP, AHs will have an option of a lump sum cash assistance. The number of AHs permanently losing their livelihood sources will be identified during the DMS and more details about the options/trainings will be discussed in a consultation meeting with them.

D. Questions/Suggestion and Responses

D1. Banteay Chakrey Commune

Question/Suggestion Response Mr. Chea Vanny

ROW is 20m both sides and my house are likely to be 100% affected. So, what will the subproject do to me?

GDR – Mr. Khuon Davith,

That’s good a question. I the survey team find out that your house is 100% affected, you will be fully compensated for the house but not the land. It’s very important to study

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further if you are landless for real, this has to be verified by local authorities and the cadastral office. If yes, IRC-WG will facilitate them to apply for social land concession at provincial office.

Mr. Huon Virak

If the land that I bought has the letter from village and commune chief, what I am going to do with this? Will there be compensation?

GDR – Mr. Khuon Davith

If the land has proper documents to legally prove for your land ownership, then you will be entitled for the compensation of the land at market price to be determined by and independent agency. However, if you are using ROW there will be no compensation for land but for house/structures only and any other asset.

Mr. Sim

Are the power line poles affected and how they will be re-installed

H.E. Prum Chan Sovannary,

It is the normal practice that the service utilities such electricity, telephone, water and sewer pipes are part of the project costs and with be either sub-contracted to the service authorities or replaced by the contractor. Once the bid documents are prepared, it will be specified how the service utilities will be replaced. Therefore, we will let you know later.

Mr. Sor Thuon

During the last construction of this road, topsoil had been excavated from some land along this road. Then, people filled their lands up to make them as high as the road level. In this case, is the filled-up soil entitled for compensation?

GDR – Mr. Khuon Davith,

I can’t tell you exactly if you will be compensated for the soil excavated and filled road level from the last construction. However, I can tell you briefly that we will have an independent agency to carry out the Replacement Cost Study, which they will identify, and categorize types of loss of land and the market prices for such land. The land will be compensated based on the area of loss of land and not by the volume of soil excavated or backfilled.

D2. Angkor Reach Commune

Question/suggestion Response Mr. Hor Chab

When will the subproject be implemented? How will the MEF compensate to the affected persons? Suggestion to disseminate information about compensation to all peoples living along the road.

MPWT - Mr. Prok Novida

The proposed subproject is at the design stage and it will be financed under a proposed loan from the Asian Development (ADB). The loan is not yet approved by ADB and therefore we are not in a position to tell you the exact date of the implementation of the subproject. Once the loan is approved, we will update the PIB with more details on entitlement and procedures of grievance redress mechanism and distribute and explain to the affected people along the road corridor.

GDR - Mr. Khuon Davith

There are many stages when it comes to resettlement compensation payment to AHs. At this stage, our survey team is conducting IOL and SES of about 20% AHs. As you may have already seen them taking measurements, asking you questions. After the proposed project is approved and detailed design completed and approved by the EA, there will be another stage of consultation to conduct the detailed measurement survey (DMS). GDR is responsible for carrying out the DMS, which will measure the affected land and properties such as houses, shops, structures, trees, crops and etc… At the same time, GDR will mobilize replacement cost study consultant to find out the market prices of the affected land and properties which

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form the basis for calculating the budget for compensation payments to the AHs.

However, any house/structures built or expanded within and trees/ crops built/planted in the corridor of impact after the cut-off date (today) will not be compensated.


I would also like to add that to avoid this problem (construction within the COI in the future. The demarcation of the COI is now being carried out. Therefore, everyone can get to know clearly see the COI

Mr. Hor Chab

I’m wondering, in 2015 there was a study conducted for this road widening and my land was affected during that study. Therefore, I would like to suggest not to shift the alignment to the other side again of the curve otherwise my land will be affected again.


Based on road safety requirements, it will be very difficult not to widen the road at the curve. If the road is not widened, at the curve, there are very high risks of traffic and pedestrian accidents. Therefore, to minimize the risks, the design of the road will have to incorporate the road safety requirements. However, I don’t think it’s possible to take more land at that section.

Mr. Chy Soy Hey/ Mr. Set Sophal

Some of the houses are very expensive ($50,000+) and some lands are very small in size So, how much of the compensation will be made?


Houses will be compensated at replacement costs. However, land within Right of Way is not entitled for compensation. In addition to that, if private lands are affected they will be compensated at replacement cost at market price. As indicated earlier, an independent agency will be hired by GDR during DMS to evaluate the affected properties. Affected people will be informed again about the price during further consultation meetings prior to contract offer.

Mr. Chen Chheuy

The TREA Market area will be affected, the houses, business were already in ROW for 20 to 30 years. How this will be compensated?


If you don’t have proper documents to prove that you have occupied the land legally, meaning that were not endorsed by the district cadastral office, therefore, it means that you are using the land within ROW that you do not legally own. However, you will be compensated for loss of use of land such as houses, structures, business income etc… but for land within ROW will not be compensated.

D3. Chey Kampok and Lvea Communes

Question/suggestion Response Mr. Seang Yom

I am not affected by the project however I am going to ask the question on behalf of the affected person. When will the compensation be made?


As I mentioned earlier, the compensation will be made after proper DMS is conducted to make sure that the measurement is accurate and during that time the RCS will also be conducted to estimate the amount of compensation shall be made to what type of asset.

As per procedure, this is a very long process and it’s going to take a lot of time. Therefore, there will be many meetings like this in the future to keep peoples informed about the process.

Mr. Seang Yom

I want to clarify, if my house is built in 2019, will there be compensation if the project is likely to happen in 2020?


In this case compensation will be made to those built before the cut-off date, which is starting from today onward. But please, from now on do not construct anything within the ROW, which is 20m both sides

Mr. Im Sovann GDR - Mr. Khuon Davith

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I am not sure why left hand-side is taken 9m from central line and right side has 11m from central line? Why don’t use equal width.

The cross section of the road differs are every chainage. Therefore, if one side of the road is 11m from the centerline, compared to the other side of 9m, then it is obvious that the longer side is on a lower ground level than the shorter side. The lower ground level will be filled with the selected material with suitable strength to raise up the pavement up to the designed road level. Hence the toe of the filled area will be extended with the compacted fill material and will longer than that of the other side which will not require selected fill material to raise up the road. This means the pavement on the 9m side of the road does not require raising up.

E. Name Lists of Participants E1. Banteay Chakrey Commune

No. Name Gender Village No. Name Gender Village 1 San Sophol M Ka Kou 68 Nhim An M Damrei Slab 2 Lorn Sarun M Damrei Slab 69 Bin Bon M Pras Sva 3 Ouk Chhan M Ka Kou 70 Lim Ry M Ka Kou 4 Aob Phorn F Mrenh 71 Kung Oun M Ka Kou 5 Nhim Phon M Boeng Kampot 72 Long Ing M Ka Kou 6 Ker Khat M Damrei Slab 73 Thoung Ry F Sampoung 7 Buth Yan M Ka Kou 74 Oung Heng F Sampoung 8 Chob Chin M Pras Sva 75 Son Chanthor F Sampoung 9 Lay Yoeurn F Mrenh 76 Son Sophea F Sampoung 10 Mey Huth F Sampoung 77 Lor Ngun F Pou Chreak 11 Moung Rotha F Sampoung 78 Chin Oung F Ta Em 12 Mav Hai F Sampoung 79 Kheav Chanmuny M Pras Sva 13 Moung Lath F Pras Sva 80 Kenh Saly M Bos Roluoy 14 Hol Veacha F Damrei Slab 81 Huth Yoeurn F Ruessei Chuk 15 Nhim Chanry F Damrei Slab 82 El yath F Damrei Slab 16 Phork Pha F Ta Em 83 Ten SoTon M Pou 17 Nhim Sreyneang F Damrei Slab 84 Dim Sarim M Ta Em 18 Thoung Ter M Damrei Slab 85 Soun Saveth M Ka Kou 19 Cho Tor M Damrei Slab 86 Kung Kon M Pou 20 Soun Kav M Ka Kou 87 Chhin Yeng M Pou 21 Kung Sarit M Ka Kou 88 Chab Sabun M Pou 22 Tun Somnang M Ka Kou 89 Noeurn Saveth M Pou 23 Em Eourn M Ka Kou 90 Min Rem M Pou 24 Chhun Thy M Ka Kou 91 Moeurn Luch M Pou 25 Heng Thy F Ka Kou 92 Pha Yan F Bos Roluoy 26 Kan Sorm F Damrei Slab 93 Tith Oun F Pou 27 Oum Yomong F Damrei Slab 94 Yin Samon F Ta Em 28 Yi Sokun F Ka Kou 95 Say Lorn F Ta Em 29 Mun Khan F Ta Em 96 Kouy Bros M Pou 30 Sin Chenda F Ka Kou 97 Lach Sabun M Pou 31 Sor Kim F Ka Kou 98 Yen Saroeurn M Pou 32 Sok Kha F Ta Em 99 Nhim Vannak F Ka Kou 33 Li Sopheab F Ta Em 100 Chan Sopheab F Ka Kou 34 Phoun Saseab F Ruessei Chuk 101 Chan Sok Phuly F Ka Kou 35 Tang Kim seav F Ka Kou 102 Chab Len F Ka Kou 36 Thoung Von M Sampoung 103 Kung Mouy F Ka Kou 37 San Theang M Pras Sva 104 Neth Neng F Ka Kou 38 Chan Theak M Pras Sva 105 Yoeurng Yim F Boeung Kampot 39 Pin Nal M Ka Kou 106 Kith Neang M Ta Em 40 So Sothea M Ka Kou 107 Yen Yang F Ta Em 41 Ming Thlun M Sampoung 108 Khan Vibol M Bos Roluoy 42 Em Sok kheng F Pras Sva 109 Tak Vin M Boeung Kampot 43 Sek Nath M Damrei Slab 110 Cheang Vanny M Sampoung 44 Va Sora M Pras Sva 111 Nun Mouny M Sampoung 45 Prum Khemma F Sampoung 112 Mav Phoeurng M Ta Em 46 Thong Huy M Ka Kou 113 Chheang Loeurn M Chakrey 47 Ly Sory M Ka Kou 114 Chhim Vibol M Pou Chreak 48 Kung Sreymom F Sampoung 115 Soun Phol M Ka Kou 49 Khun Savon F Ka Kou 116 Herb Chan M Ka Kou 50 On Thoeurk F Pou Chreak 117 Seam Kung M Ka Kou 51 Leang Sameth F Ngaek Ngak 118 Khoa Mab M Ka Kou 52 Min Oun F Ka Kou 119 Tang Chhung M Ka Kou

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53 Thy Thea F Ka Kou 120 Ku Yun M Ka Kou 54 Mom Oun M Sampoung 121 Neang Sai M Ka Kou 55 Kith Yun M Sampoung 122 Oum Ny M Ka Kou 56 Puch Sophany M Damrei Slab 123 Kin Thon M Ka Kou 57 Hun Sary M Sampoung 124 Nhim Kuk M Ka Kou 58 San Vean M Ka Kou 125 Si Sab M Ka Kou 59 On Sareth M Sampoung 126 Sean Phoeur M Ka Kou 60 Thoung Sinom M Pou Chreak 127 Yeng Sokun M Pou 61 Mern Saly F Mrenh 128 Tun Sib M Ka Kou 62 Chhun Chham F Ruessei Chuk 129 Derm Sophorn M Ka Kou 63 Chea Pholla F Pou 130 So Rom F Sampoung 64 Kheav Chan M Sampoung 131 Pov Saro F Sampoung 65 Yuk Oun M Ka Kou 132 So Samean F Sampoung 66 Nhim San M Sampoung 133 Tav Sovan M Ka Kou 67 So Von M Pras Sva

E2. Angkor Reach Commune No. Name Gender Village No. Name Gender Village 1 Chhoeun Hoeung M Angkor Reach 76 Meas Sa M Phsar Trea 2 Chea Sokha M Angkor Reach 77 Him Horn M Phsar Trea

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3 Chim Sidoeun F Angkor Reach 78 Horn Sareth M Prey Meas 4 Dy Phoeun M Angkor Reach 79 Em Ya M Khmer-Japan 5 Phat Sambath M Angkor Reach 80 Hon Kheoun M Krosaing Tong 6 Horm Sambath M Angkor Reach 81 Yong Reth F Krosaing Tong 7 Thong Ra M Angkor Reach 82 Soun Phon M Krosaing Tong 8 Hoem Navy F Angkor Reach 83 Mut Phoung M Krosaing Tong 9 Soth Makara M Angkor Reach 84 Phin Pov M Prey Meas

10 Pov Phira M Angkor Reach 85 Sin Sok M Krosaing Tong 11 Long Heng M Prey Meas 86 Choeun Reoung F Krosaing Tong 12 Pob Pai M Prey Meas 87 Sun Sabun M Prey Ahsteang 13 Kheang Khey M Prey Meas 88 Ngoun Vuthy M Leung 14 Ly Kimchou M Krosang Torng 89 Chen Navy F Prey Meas 15 Chin Hul M BM Lyhour 90 Sek Somarth F Prey Meas 16 Vory Sengheang M Prey Meas 91 Yiv Somborn M Prey Meas 17 Mor Saman M Prey Meas 92 Chim Vanny M Krosaing Tong 18 Por Hour M Krosang Torng 93 Den Sokha F Krosaing Tong 19 Meak Vanny M Krosang Torng 94 Norn Chanthou F Krosaing Tong 20 Ou Hoeun M Krosang Torng 95 Sao Chanthy M Prey Ahsteang 21 Lorss Han F Boeung Ith 96 Soun Then M Ounhea Eam 22 Mey Chantha F Boeung Ith 97 Touch Seam M Ounhea Eam 23 Eng Kimthea M Kork 98 Soth Rung M Ounhea Eam 24 Kruy Heap M Prey Meas 99 Soun Seath F Ounhea Eam 25 Ly Sophea M Prey Meas 100 Chey Sreymom F Ounhea Eam 26 Chhai Chhoeuy M Prey Meas 101 Soun Sameang M Ounhea Eam 27 Heang Him M Prey Meas 102 Heng Hour F Phsar Trea 28 Sao Chamnan M Krosang Torng 103 Pov Sarath M Phsar Trea 29 Deap Sarat M Krosang Torng 104 Chok Chhay M Krosaing Tong 30 Chea An F Krosang Torng 105 Chhoun Narin M Leung 31 Samaun Thavy F Krosang Torng 106 Kong Neoun F Leung 32 Pov Sarin F Krosang Torng 107 Seng Teang F Krosaing Tong 33 Neang Sreimom F Krosang Torng 108 Chheoun Sman M Phsar 34 Ly Savoeun M Boeung Ith 109 Kong Sothearith N Krosaing Tong 35 Muth Chhan M Boeung Ith 110 Bou Yan F Krosaing Tong 36 Mok Kosal M Boeung Ith 111 Sin Seang F Krosaing Tong 37 Phon Bunthoeun M Boeung Ith 112 Chhoy Kea M Krosaing Tong 38 Kao Puthea M Krosang Torng 113 Som Phun M Phsar Trea 39 Mao Thon M Krosang Torng 114 Douch Ra F Leung 40 Hum Samnang F Loeung 115 Un Navy F Ounhea Eam 41 Vann Sam Oeun M Prey Meas 116 Ly Soroth F Krosaing Tong 42 Kher Thun M Prey Ahsteang 117 Chim Sideoun F Angkor Reach 43 Chea Srey Pov F Prey Ahsteang 118 Norn Nora M Krosaing Tong 44 Yeay Mei F Prey Ahsteang 119 Bok Seanglim M Krosaing Tong 45 Yun Chhoung M Prey Ahsteang 120 Chhor Kheangleng M Krosaing Tong 46 Pov Mean M Krosaing Tong 121 Loy Thy M Prey Ahsteang 47 Sun Heab M Krosaing Tong 122 Pisey Na M Prey Ahsteang 48 Chok Thun M Krosaing Tong 123 Chea Neangtouch F Prey Ahsteang 49 Sorn Sophol M Krosaing Tong 124 Khai Thorn M Prey Ahsteang 50 Srey Chantha M Krosaing Tong 125 Chea Neangthom F Prey Ahsteang 51 Hul Pov M Krosaing Tong 126 Chea Yureoun M Prey Ahsteang 52 Kuy Sokhen M Krosaing Tong 127 Em Pouy F Prey Ahsteang 53 Ky Kon M Prey Meas 128 Chea KimLeang F Prey Ahsteang 54 Houn Phan M Krosaing Tong 129 Sun Sabun M Prey Ahsteang 55 Vea San M Kroch 130 Him Saran M Prey Ahsteang 56 Lorn Samit M Prey Meas 131 Heam Rin F Prey Ahsteang 57 Chen Chheouy M Prey Meas 132 Sao Chandy M Prey Ahsteang 58 Saing Rin M Prey Meas 133 Phan Chok M Prey Ahsteang 59 Aeang Chanrith M Phsar Trea 134 Sok Ravy M Prey Ahsteang 60 Chea Mean M Phsar Trea 135 Sok Veoun M Prey Ahsteang 61 Has Chamreoun M Krosaing Tong 136 Sok Sopheak M Prey Ahsteang 62 Chan Dara M Kroch 137 Sok Sakhorn F Prey Ahsteang 63 Vea Chanthorn M Phsar Trea 138 Phann Bunyors M Prey Ahsteang 64 Phoun Sivorn M Phsar Trea 139 Kong Van M Prey Ahsteang 65 Koun Tol F Krosaing Tong 140 Chhay Tonh M Ounhea Eam 66 Leng Ream F Prey Ahsteang 141 Pot Yok F Ounhea Eam 67 Rith Chean F Prey Meas 142 Nor Ngoun M Ounhea Eam 68 Soung Hov M Krosaing Tong 143 Poch Vary F Ounhea Eam 69 Tak Thorn M Ounhea Eam 144 Tak ChanThun M Ounhea Eam 70 Poch Ravy F Ounhea Eam 145 Un Navy F Ounhea Eam 71 Pot Yuk F Ounhea Eam 146 Hul Chab M Ounhea Eam 72 Dang Sophorn M Krosaing Tong 147 Sun Touch F Ounhea Eam 73 Leng SomArt F Prey Meas 148 Chhorn Soy F Ounhea Eam 74 Chen Mao M Prey Meas 149 Koa Saveoun M Ounhea Eam

77

75 Phon Sivorn M Phsar Trea

78

E3. Chey Kampok and Lvea Communes No. Name Gender Village Commune No. Name Gender Village Commune 1 Soun Sreymom F Samraong Lvea 48 DaSa F Peani Lvea 2 Kur Nhuk F Peani Lvea 49 Hin Sareth M Peani Lvea 3 Chhun Nak F Peani Lvea 50 Prom Nea F Peani Lvea 4 Chea khin F Peani Lvea 51 Rin Sinet F Peani Lvea 5 Trey Sothea M Samraong Lvea 52 Sin San F Peani Lvea

6 Ith Leab M Pou Chey

Kompok 53 Phat Sophol F Peani Lvea

7 Phoung Beang M Peani Lvea 54 Hurn Sok Koy F Peani Lvea 8 Neth Sokom M Peani Lvea 55 Phat Kea F Peani Lvea

9 Suk Chan M Thma Chey

Kompok 56 Sorm Soheng F Peani Lvea

10 Bom Konsan M Peani Lvea 57 Pin Savoth M Peani Lvea 11 Sek Sophol M Peani Lvea 58 Ner Phon M Peani Lvea 12 Phok Sary F Peani Lvea 59 Soun Vannak M Samraong Lvea 13 Chhun Navy F Peani Lvea 60 Im Pea M Peani Lvea

14 Soun NaKri F Ta Pung Chey

Kompok 61 Sin Neang F Peani Lvea

15 San Youth F Chey Kompok

Chey Kompok 62 Von Borymey F

Samraong Lvea

16 Sean Yom F Thma Chey

Kompok 63 Pheav Chhun M Peani Lvea

17 Nuth Sary F Peani Lvea 64 Sim OunSila M Samraong Lvea 18 Phoung Sokno F Peani Lvea 65 Chhim Chenda F Samraong Lvea

19 Phoung Sopha F Peani Lvea

66 Hing Chanthoeurn F

Sna Chey Kompok

20 Pheav Chenda F Peani Lvea

67 Mom Nakrei F Angk Svay Tu

Chey Kompok

21 Sin Oun F Peani Lvea

68 Sang Saki F Tras Chey

Kompok 22 Pern Nun M Peani Lvea 69 Hin Soeurn M Peani Lvea 23 Pouk Veasna M Samraong Lvea 70 Chum Chanthy M Samraong Lvea

24 Im Sovan M Samraong Lvea

71 Mern Nath M Sna Chey

Kompok 25 Hoth Lai F Peani Lvea 72 Phat Siphen M Peani Lvea 26 keo Mav M Peani Lvea 73 Chhon Ran M Peani Lvea 27 Sin Vanthon F Peani Lvea 74 Chhay Sichom M Samraong Lvea

79

28 Oul Soeurn F Peani Lvea 75 Som Lork M Peani Lvea 29 Kuch Bopha F Peani Lvea 76 Veth Saream F Peani Lvea

30 Herm Hun F Pra Thma Chey

Kompok 77 Ing Yim F Angk Svay Tu

Chey Kompok

31 Kun Nim F Pra Thma Chey

Kompok 78 Leng Chenda F Samraong Lvea

32 Sok Neang F Pra Thma Chey

Kompok 79 Khim Seth M Pra Thma Chey

Kompok

33 Prom Sakon F Peani Lvea

80 Chhiv Ou M Pra Thma Chey

Kompok

34 Chok Saroeurn F Peani Lvea

81 Pheang thy M Pra Thma Chey

Kompok 35 Trey Chenda F Peani Lvea 82 Chan Yang M Peani Lvea 36 Oer Noeurn F Peani Lvea 83 Him Hoeurn M Peani Lvea 37 Pov Chea F Peani Lvea 84 Khun Nen M Samraong Lvea 38 Kheng Yab F Samraong Lvea 85 Hun Rorn M Peani Lvea 39 Oun Somann F Samraong Lvea 86 Khim Tha F Peani Lvea 40 Long Kunthea F Samraong Lvea 87 Bun Kun F Samraong Lvea 41 Soun Savon F Samraong Lvea 88 Phat Sophea F Peani Lvea

42 Aob Sokom F Samraong Lvea

89 Sou Heab F Pra Thma Chey

Kompok

43 Sim Oun Sila M Samraong Lvea

90 Sou Him F Pra Thma Chey

Kompok 44 Minh Kun M Samraong Lvea 91 Thai Nun F Samraong Lvea 45 Teav Bo M Peani Lvea 92 Sok Sarin F Peani Lvea 46 Roung Mach F Peani Lvea 93 Phan Sina F Peani Lvea 47 Man Savon F Peani Lvea 94 Cheng Saro F Peani Lvea

80

F. Selected Photos F1. Banteay Chakrey Commune

F2. Angkor Reach Commune

F3. Chey Kampok and Lvea Communes

81

Annex 4: Grievance Redress Forms

A. Individual Complaint From

82

B. Complaint Register Form

83

C. Decision Form

Annex 5: Preliminary Replacement Cost Study Report A. Objective of Replacement Cost Study

The main purpose of this study is to preliminarily establish compensation rates for affected assets for PR312 Rehabilitation. All affected land and non-land assets, including associated income (e.g., businesses, fishponds, etc.) will be compensated at the replacement cost.

The established rates by this study is to help estimating indicative resettlement cost as to enable GDR to timely mobilizes budget from RGC for LAR implementation from 2021 on.

B. Replacement Cost

Replacement cost is the cost of replacing an expropriated asset of the same or equivalent quality in the current market as of date of issuance of the declaration on the appropriation project. The full replacement cost consists of one or more elements. The table below presents the elements of full replacement costs which represents good practice in Cambodia.

Table RCS1. Elements of Full Replacement Cost

Element Description Fair market value The value of land and other assets if the land or other assets are sold in an open

and competitive market. This is largely based on comparable prices in the same locality.

Transaction costs Legal and documentation expenses relating to the expropriation of the land are exempted for displaced persons. Such expenses include all taxes, registration costs, and other fees incurred for replacement structure. However, all outstanding unpaid taxes as of cut-off date is not eligible for exemption.

Transitional allowance A short-term subsistence living allowance to support the physically displaced person for loss of income/livelihood during the transitional period.

Transport allowance Cost of transport of household and other immovable assets due to relocation. Depreciation and salvageable value

These values shall not be considered in the expropriation of structures and other assets.

Business/economic losses

This covers loss of profit from business/agriculture and other productive sources

Source: SOP

C. Methodology

The methodology for this study follows the SOP and is presented as follows:

a) Structures The information to be based for the establishment will were collected from direct interviews with owners of affected structures and survey of affected assets with parties involved, including owners of structures, local construction contractors and construction material sellers.

In addition, the affected structures were surveyed and calculated, using price from construction material shops, based on quantity of material used for the structures, labor, and loss of materials during construction.

Affected assets (both materials and style of the main structures and secondary structures) have been measured, estimated (price) and classified into different categories to ease for project budgeting and implementation. However, the price of structures also can refer to same type of recent affected structures from other projects in Cambodia.

85

b) Land Both affected and non-affected people within and near the villages of the proposed subproject were interviewed and discussed. Local authorities in the subproject area have also been discussed to further understand current land price and common category of land that people exchanged, bought or sale and to discuss the land transaction in the subproject areas or in Preg Veng Province.

The interview with local authority focused on: (i) the recent land use rights transfer in the area; (ii) the price, at which owners (affected and not affected persons) are willing to sell their land; (iii) government land taxation in Cambodia.

Price of land is differentiated based on the use of land, including:

• Residential land in (i) rural road sections; and (ii) in urban /populated road sections

• Agricultural land (rice field) or orchard land (including soil fertility, distance to access road and irrigation system)

All data from the survey are classified and analyzed, compared before any conclusion of the price of land for compensation implementation in order to reflect land market as of study period.

The recent government land tax also is used to compare land price before conclusion ise made for the replacement cost of the affected properties.

c) Crops and Trees The basis of the establishment crop and tree prices is to determine the average market price for each type of crops and trees. However, recent rates from other projects are also used as basis to compare in order to conclude for compensation of the affected crops and trees of this project.

d) Business Loss A survey was conducted with affected household using semi-structure questionnaire to determine their income, expenditure and net profit for their business operation.

D. Results

a) Main Structures Below are the replacement cost estimates of the main structures/house/shelters based on the construction material, labor force, and transportation of the construction material from other location to the subproject area. The main structures are classified into two types: (i) Only one floor with soil or concrete or tile floor, (ii) House on stilt (lower or higher).

Table RCS2. Replacement Cost of Main House/Structure of One Floor របេភទ

Category ដបលRoof ជ�� ងWall ករមាលFloor សរសColumn តៃម�Cost

($/m2) ជានផា� លដGround Floor ជានឡMezzanine A

A-I ស�កTHATCH/LEAVES

A-I.1 ស�កវTHATCH/ LEAVES

ស�ក ◌បវ THATCH/LEAVE ដSOIL

កនេឈPOLE 26.00

A-I.2 េកសPLASTIC ដSOIL

កនេឈPOLE -

A-I.3 សង�សMETAL ដSOIL

េឈេ◌WOOD/POLE -

A-I.4 ស�កTHATCH/LEAVE េបតងCONCRETE

េឈWOOD/POLE -

A-I.5 េកសPLASTIC េបតងCONCRETE

េឈWOOD/POLE -

A-I.6 សង�សMETAL េបតងCONCRETE

ឈWOOD/POLE -

A-I.7 - ដSOIL កនេឈPOLE 23.50

A-II សង�សMETAL/FIBER CEMENT

-

A-II.1 សង�ស /ហ�រប�សមងតMETAL/

FIBER CEMENT

សង�សMETAL េបតងCONCRETE

េឈWOOD -

A-II.2 សង�សMETAL ករ TILE

េឈWOOD 99.50

A-II.3 ឥដ�ខងេរកមនងឫសសខងេលLOWER BRICK+BAMBOO

េបតងCONCRETE

េឈWOOD -

86

របេភទCategory

ដបលRoof ជ�� ងWall ករមាលFloor សរសColumn តៃម�Cost ($/m2) ជានផា� លដGround Floor ជានឡMezzanine

A-II.4 ឥដ�ខងេរកមនងសង�សខង

េលLOWER BRICK+METAL

ករ TILE

េឈWOOD -

A-II.5 ឥដ�ខងេរកមនងសង�សខង

េលLOWER BRICK+METAL


េឈWOOD 101.00

A-II.6 ឥដ�ខងេរកមនងក� រខង

េលLOWER BRICK+WOOD

ករ TILE

េឈWOOD -

A-II.7 ឥដ�ខងេរកមនងក� រខងេលLOWER BRICK+WOOD

ករ TILE

េបតងCONCRETE -

A-II.8 ឥដ�BRICK ករ TILE

េឈ/ែដកWOOD/STEEL

138.00

A-II.9 ឥដ�BRICK ករ TILE

េបតងCONCRETE 159.00

A-II.10 ក� រWOOD េបតងCONCRETE

េឈWOOD -

A-II.11 ឥដ�BRICK ករ FLOOR TILE េបតងនងករ RC+TILE


A-II.12 ឥដ�BRICK េបតងCONCRETE

េបតង/

េឈCONCRETE/ WOOD

158.00

A-II.13 ឫសសBAMBOO ដSOIL

កនេឈ /េឈPOLE/WOOD

-

A-II.14 ក� រWOOD ដSOIL

េឈWOOD -

A-II.15 ស�ក /សបវ /ស

ង�សTHATCH/LEAVE/ METAL SHEET

ដ/េធ�ឬសសSOIL/ BAMBOO B ED

កនេឈ /េឈ

POLE/WOOD

43.00

A-II.16 កងបា� េកPLYWOOD ដSOIL

កនេឈ /េឈPOLE/WOOD

-

A-II.17 ឥដ�ខងេរកមនងក� រខងេលLOWER BRICK+WOOD


េឈWOOD -

A-II.18 សង�សMETAL ដSOIL

កនេឈ/ែដកទបWOOD POLE/

STEEL

59.00

A-II.19 ឥដ�BRICK ដSOIL


A-II.20 ក� រWOOD ករ FLOOR TILE

កនឈ /េឈPOLE/WOOD

-

A-II.21 ឥដ�ខងេរកមនងក� រខង

េលLOWER BRICK+WOOD

ដSOIL

េឈWOOD -

A-II.22 ឥដ�បទករ BRICK+TILE ករ FLOOR TILE េបតងនងក

រ RC+FLOOR TILE


A-II-23 ក��កALUMINUM AND GLASS

ករ FLOOR TILE េបតង/ែដកCONCRETE/

STEEL

215.00

A-III េកប�ងែខ�រ /េកប�ងសមងត KHMER TILE/CEMENT TILE

A-III.1 េកប�ងែខ�រ /េកប�ងសមងត

KHMER TILE/ CEMENT TILE

ឥដ�បទករ BRICK+TILE ករ FLOOR TILE


A-III.2 ឥដ�ខងេរកមនងស

ង�សLOWER BRICK+METAL


េឈWOOD -

Table RCS3. Replacement Cost of Main House/Structures on Stilt

87


ដបលRoof Wall Floor សរសColumn តៃម�Cost

($/m2)

B House on Stilt B-I សប� វ /ស� Thatch/Leaves

B-I.1 មន�នរបេភទេនះេទNo Category

-

B-II សង�ស /ហ� �រប�សមងតMetal/Fiber cement

B-II.1

សង�ស /ហ� �រប�សមងតMetal/

Fiber cement

ស� កPlastic/leave/ Thatch �� រWood កនេឈើPole -

B-II.2 សង�សMetal ឫសសBamboo កនេឈើPole - B-II.3 សង�សMetal �� រWood េឈើWood 113.50 B-II.4 �� រWood �� រWood េឈើWood 130.00

B-II.5 ឫសស/សង�សBamboo ឫសសBamboo កនេឈើ /េឈើPole/wood 61.00

B-II.6 កង�� េកPlywood �� រWood េឈើWood -

B-III

េកប�ងែខ� រ /េកប�ងសមងតKhmer Tile/Cement Tile

B-III.1 េកប�ងែខ� រ /េកប�ងសមងតKhmer Tile/

Cement Tile

�� រWood �� រWood េឈើWood - B-III.2 ស� ក /សប� វ Thatch/Leave �� រWood េឈើWood - B-III.3 កង�� េកPlywood �� រWood េឈើWood -

Table RCS4. Replacement Cost of Multi-storey House


ដបលRoof ជ�� ងWall ករមាលFloor សរសColumn

តមPrice ($/m2) ជានផា� លដGF ជានទមយFF ជានផា� ល

ដGround Floor

េឡេតឿMezzanine

ជានទមយFirst Floor

C ROW HOUSE

C-I មយជានONE STORY

C-I.1 មយជាន មនមានេឡេតឿONE STORY, NO MEZZANINE

C-I.1.1 េបតងសរៃសែដកR. CONCRETE

ឥដ�BRICK ករ FLOOR TILE

-

C-I.2 មយជាន មានេឡេតឿONE STORY WITH MEZZANINE


ឥដ�នងករ BRICK+TILE

- ករ FLOOR TILE

ករ FLOOR TILE

- េបតងRC -

C-I.3 មយជានមានេឡេតឿនងមានដបលសង�សខងេលONE STORY WITH MEZZANINE AND METAL ROOF (BUT NO WALL ON ROOF TOP)



- ករ FLOOR TILE

ករ FLOOR TILE

- េបតងRC -

C-I.4 មយជានមានេឡេតឿនងមានដបលសង�សខងេលONE STORY WITH MEZZANINE AND METAL ROOF (WITH WALL ON ROOF TOP)

C-I.4.1 សង�សMETAL ឥដ�នងករ BRICK+TILE

- ករ FLOOR TILE

ករ FLOOR TILE

- េបតងRC -

C-I.5 មយជានមានេឡេតឿនងមានដបលេកប�ងខងេលONE STORY WITHOUT MEZZANINE AND TILE ROOF (WITH WALL ON ROOF TOP)

C-I.5.1 េកប� /េកប�ងសមងតKHMER TILE/CEMENT TILE



ករ FLOOR TILE

ករ FLOOR TILE

ករ FLOOR TILE

េបតងRC 269.00

C-II ពរជានTWO STORIES

C-II.1 ពរជាននងមានដបលសង�សខងេល TWO STORIES AND METAL ROOF (NO WALL ON ROOF TOP)

88


ដបលRoof ជ�� ងWall ករមាលFloor សរសColumn

តមPrice ($/m2) ជានផា� លដGF ជានទមយFF ជានផា� ល

ដGround Floor

េឡេតឿMezzanine

ជានទមយFirst Floor

C.II.1.1 សង�សMETAL ឥដ�នងករ BRICK+TILE


ករ FLOOR TILE

ករ FLOOR TILE

ករ FLOOR TILE

េបតងRC -



ករ FLOOR TILE

ករ FLOOR TILE

ក� រWOOD េបតងRC -



ករ FLOOR TILE

- ក� រWOOD េបតងRC -

C.II.2 ពរជាននងមានដបលេកប�ងខងេលTWO STORIES AND TILE ROOF

C.II.2.1 េកប�ង CPAC Tile/Cement tile



ករ FLOOR TILE

- ករ FLOOR TILE

េបតងRC -

C-III TWO STORIES

GF �នទ1+2: FF+SF

GROUND FLOOR

MEZZANINE

�នទ1+2 F+S FLOOR

C-III.1 សង�សMETAL ឥដ�នងករ BRICK+TILE


ករ FLOOR TILE

ករ FLOOR TILE

ករ FLOOR TILE

េបតងRC -

Table RCS5. Awning/ Extended Eaves and Kitchen, Storage or Animal Shed

របេភទCategory តៃម�COST ($/m2)

Awning/Extended Eaves AW1 15.50 AW2 18.50 AW3 20.00 AW4 22.00 AW5 25.00 AW6 26.50 AW7 39.50 AW8 48.00 AW9 6.50

AW10 12.00 Kitchen/Rice Storage/Stall/Animal Shed

KS1 52.00 KS2 53.50 KS3 55.00 KS4 58.50 KS5 61.00 KS6 61.50 KS7 65.50 KS8 66.00 KS9 67.50

KS10 77.00 KS11 81.50 KS12 85.00 KS13 88.50 KS14 107.00 KS15 17.20

TR1 56.00 TR2 60.00 TR3 85.00 TR4 94.50 TR5 99.00 TR6 110.00

89

TR7 117.50 TR8 128.00 TR9 130.00

TR10 139.50 TR11 142.50 TR12 150.00 TR13 155.00 TR14 162.00

b) Secondary Structures Based on the construction material, labor force, and transportation in the subproject area, replacement costs were established for secondary structures identified in the subproject area.

Table RCS6. Cost Estimation of Secondary Structures

No. Secondary Structure Unit Cost

($)

1 សប-មនមានសរៃសែដកCement concrete pavement – no reinforcement 9.00

2 សប-មានសរៃសែដកCement concrete pavement – with reinforcement 21.00

3 ករ ឡាConcrete block (carrolage) 8.50

4 ឥដ�កែនសងTerracotta 12.00

5 អណ� ងជក/ មនមានកងលDug Well / no concrete ring 120.00

6 អណ� ងជកDug well (diameter of 800mm and more than 6m depth) 180.00

7 អណ� ងស�បមានែផនចកសបជវញ គណភាពមPumped well with concrete pad-Normal quality pump 320.00

8 អណ� ងស�បមានែផនចកសបជវញ គណភាពលPumped well with concrete pad-Good quality pump 420.40

9 បង�នជ�� ងេរៀបឥដ�បកនងមានដបលសង�ស Brick toilet with metal roof; plastering

135.00

10 រទ�ងមាន ឬទ ដបលស�កChicken/duck house with thatch leaves (not able to move) 12.50

11 រពះភមមានេជងរទSpirit house with support – medium size 75.00

12 រពះភមមានេជងរទSpirit house with support and concrete ring/brick with plastering 135.00

13 េក� ងទ� រផ�ះអពឥដ�ឬសមងតHouse gate – Brick/cement 650.00

14 អងទកអពឥដ�Water storage 55.00

15 Animistic hut (small –in private land) 180.00

16 Animistic hut (big and public) 320.00

17 ជេណ� រថ�Concrete stair 80.00

18 ផ�វឆ�ងចលផ�ះអពេឈWooden walkway to house 17.00

Fence

F1 របងមនមាទLose fence 4.00

F2 របងបេង� លេឈលសបនា� Wood post with wire or bamboo bar/ wood bar 7.50

F3 របងបេង� លេបតងលសបនា� Concrete post with wire 11.50

F4 របងេរៀបឥដ� Brick of 100mm; concrete/brick column 38.00

F5 របងេរៀបឥដ� Brick of 200mm; concrete/brick column 50.00

F6 របងេរៀបឥដ�Brick of 200mm; concrete/brick column with steel grill or cement grill 39.00

F7 របងេរៀបឥដ� Brick of 200mm; concrete/brick column with steel grill 42.00

F8 របងេរៀបឥដ� Brick of 200mm; concrete/brick column with decoration 45.00 F9 របងវត�Pagoda fence 285.00

F10 េក� ងទ� រវត�Pagoda gate (three gables) 7,500.00 F11 ទ� រែដកSteel gate 60.00

Drainage

1 លសមងត 0.2m Drain pipe 0.2m

9.00

2 លសមងត 0.4mDrain pipe 0.4m 12.00

90

No. Secondary Structure Unit Cost

($)

3 លសមងត 0.6mDrain pipe 0.6m 20.00

4 លេបតង 0.8mConcrete culvert dia. 0.6m (L=1m) 50.00

5 លេបតង 1.0mConcrete culvert dia. 0.8m (L=1m) 75.00

6 លរបអបតចៗBox culvert (small) 28.00

c) Land A short bypass section is designed and it will run through residential and agricultural land on the left-hand side from PK 22+900 and connects to existing road in PK 23+300..

Table RCS F: Replacement Cost of Land No. របេភទដ

Land type តៃម�ដLand COST $/m2

Agriculture Land 1 ដែរសមនមានផ�វេនខងក�ង ឬេរកយេគហដ�នPaddy land with no

access or at the back of residential land/house 13.00

2 ដែរសជាបផ�វេខត�េលខ ៣១២Paddy land bordering PR312 21.00

Residential Land 1 ដលេនដ� នជាបផ�វេខត� ៣១២Residential land bordering PR312 33.50

2 ដលេនដ� នេនឡតខងេរកយ ឡតទ១ែដលជាបផ�វេខត� ៣១២Second plot residential land after first plot bordering PR312

18.50

d) Fruit Trees

Fruits trees and timbers have been classified in four types as following:

• Sapling- below one year: will not get compensation as it can be re-planted,

• Small tree- one to three year: 1/3 of full price,

• Young tree- bearing some fruit: 2/3 of full price

• Mature- full bearing tree: compensate full price.

Table RCS7. Replacement Costs of Trees

No. Type Unit Unit Cost ($/tree)* 1/3 2/3 3/3

1 Mango-�� យ (ធម��1) Tree 16.50 33.00 50.00 Mango-�� យ (2ែកវេល� �ត) Tree 21.50 43.00 65.00 Mango-�� យ (ែកវចន3) Tree 26.50 53.00 80.00

2 Coconut-ដង Tree 16.00 32.00 48.00 3 Jack -ខ�រ Tree 14.50 29.00 43.50 4 Bamboo- ឬសសៃរព Cluster 3.50 7.00 10.00

Bamboo - ឬសសពងពង Cluster 6.50 13.00 20.00

Bamboo - ឬសសរស�ក Cluster 10.00 20.00 30.00 5 Tamarin- អពលជ/ែផ�ម Tree 13.00 26.00 39.00 6 Pomelo - រក�ចថ�ង Tree 16.50 33.00 50.00 7 Lemon/Lime-រក�ចឆា� រ Tree 12.50 25.00 38.00 8 Sugar Palm tree-េត� ត Tree 20.00 40.00 60.00 9 Custard apple-េទៀបស�ត/េទៀបបាយ Tree 5.00 10.00 15.00

10 Soursop េទៀបបារង Tree 8.00 16.50 25.00

91

No. Type Unit Unit Cost ($/tree)* 1/3 2/3 3/3

11 Acacia/ Eucalyptus អកសយោ Tree 2.00 4.00 6.00 12 Cashew-ស� យចន� Tree 8.00 16.50 25.00 13 Pring tree-រពង Tree 8.00 16.50 25.00 14 Kantuort -កន�ត Tree 2.00 4.00 6.00 15 Jujube - ព�ទ� Tree 2.00 4.00 6.00 16 Jujube – kilo ពរទគឡ Tree 3.00 6.50 10.00 17 Sdao -េស� Tree 5.00 10.00 15.00 18 Chom-phu - ជម�រ Tree 2.00 4.00 6.00 19 Sandoricum tree-កពងរជ Tree 5.00 10.00 15.00 20 Seda - េសដ Tree 5.00 10.00 15.00 21 Kor - គរ Tree 2.00 3.50 5.50 22 Krasang - រកសង Tree 10.00 20.00 30.00 23 Makak-មា� ក Tree 10.00 20.00 30.00 24 Kvet - េដមខ�ត Tree 8.00 16.50 25.00 25 Orange - រក�ចេពធសត Tree 10.00 20.00 30.00 26 Areca nut tree - េដមស� Tree 6.00 12.00 18.00 27 AmpilTeuk - អពលទក Tree 5.00 10.00 15.00

28 Guava -រតែបក (ែខ�រ) Tree 2.50 5.00 8.00

Guava -រតែបក (គឡ) Tree 5.00 10.00 15.00 29 Longan - េមៀន Tree 11.50 23.00 35.00 30 TeukDohKor - ទកេដះេគា Tree 11.50 23.00 35.00 31 First quality wood - រកញង Tree 10.00 20.00 30.00 32 Rubber tree - េកស Tree 15.00 30.00 45.00 33 Pomegranate ទន� ម Tree 4.00 8.00 12.00 34 Sapodilla ល� �ត Tree 8.00 16.00 24.00 35 Oil palm tree េដើមដងេរបង Tree 20.00 40.00 60.00 36 Star fruit ស� Tree 5.00 10.00 15.00 37 Papaya Tree - 3.50 5.00 38 Banana Tree - - 2.00 39 Others Tree 2.00 3.50 5.00

*Seedling cost (0.5$/tree) is included.

e) Business Loss Based on the survey with affected non-registered businesses it shows that monthly net income ranges from 400$ to 600$.

Table RCS8. Replacement Costs of Business Loss No. Type Business type Monthly Net Income ($)

Average

Business 1 Average

Business 2 Average

Business 3 1 Net income from Socio-economic survey Non-registered 400 450 600 2 Average for indicative resettlement 39

budget Non-registered 483

f) Utilities Re-install in the ROW

39 Business loss should be updated during the DMS via detail socio-economic profile or focus group discussion. It is noted that

the cost of the stall/business location (rent/buy for a fix term) was not included in this calculation.

92

No. Type Unit Unit Cost ($) 1 Household connection, PE pipe, 50mm ml 1.72 2 Household connection, PE pipe, 63mm ml 2.35 3 Secondary distribution PE pipe, 75mm ml 3.10 4 Secondary distribution PE pipe, 90mm ml 4.40 5 Secondary distribution PE pipe, 110mm ml 6.00 7 Main distribution PE pipe, 125mm ml 8.00 8 Main distribution PE pipe, 140mm ml 9.95 9 Low voltage electrical pole 8m, move back and installation 1 pole 75.00

10 Low voltage electrical pole 12m, move back and installation 1 pole 82.00 11 Medium voltage electrical pole 12m, move back and installation 1 pole 105.00 12 High voltage electrical pole 18m, move back and installation 1 pole 145.00

D. Typical Structures and Costs

A-I.1 = 26$/m2 A-II.2 = 99.50$/m2

A-II.5 = 101.00$/m2 A-II.8 = 138.00$/m2

93

A-II.9 = 159.00$/m2 A-II.15 = 43.00$/m2

A-II.18 = 59.00$/m2 A-II.23 =215.00$/m2

B-II.3 =113.50$/m2

94

B-II.5 =61.00$/m2 C-I.5.1 =269.00$/m2

95

Annex 6: Detailed Budget Indicative Budget Estimate40

Item Budget ($)

A. Direct cost (compensations, allowances and assistances per entitlement category)

1,445,083.80

1a Compensation for land 324,403.00 Agricultural land 144,245.00 Residential land 180,158.00

2a Compensation for crops and trees 56,311.00 Annual crop 11,441.50 Fruit trees 34,377.50 Non-productive trees 10,492.0 0

2b Compensation for business loss 126,571.00 Relocation on new sites 32,760.00 Relocation onsite (shifting back) 22,800.00 Partially impacted businesses 70,011.00 AHs leasing stalls 1,000.00

3a Compensation for affected houses and structures 833,279.80 Houses 49,521.20 House cum shops 55,448.20 Shops 98,698.40 Secondary structures 201,076.00 Simple moveable structures 25,050.00 Stalls/vendors 4,700.00 Fences 345,720.80 Others 53,065.20

3d Transport allowance 13,350.00 To owners relocating houses and HCSs on new sites 480.00 To operators relocating stall based business on new sites 26,10.00 To owners relocating/reestablishing businesses onsite 10,260.00

4a Subsistence allowance 34,947.00 APs repairing or shifting back affected houses and HCSs 11,088.00 APs experiencing major impacts 23,859.00

4b IRP 16,800.00 4b-1: IRP 16,000.00 4b-2: Additional grant to VAH 800.00

5a Additional special assistance to VAPs 2,178.00 VAPs with partially affected houses and HCSs 1188.00 VAPs with relocation impact 990.00

6 Impacts during construction* 0 7 Unanticipated LAR impacts* 0 B. External Monitoring (2.0% of direct cost) 28,901.68 C. Administration (10.0% of direct cost) 144,508.38 D. Contingency (15.0% of direct cost) 216,762.57

Grand total 1,835,256.43 Source: Preliminary RCS and IOL; *: to be identified/confirmed during DMS and project implementation.

40 Actual amounts will be finalized after DMS and RCS and included in the DRP.

96

Annex 7: Draft TOR for External Monitoring41 A. Purpose

According to the DRPs approved for PR312 and NR23 subprojects under the Road Network Improvement Project-II (RNIP-II), the LAR of the two subprojects will be subjected to external monitoring. The external monitoring will ensure that the resettlement processes are being implemented in accordance with the requirements set out in the BRPs. The external monitoring will also undertake an assessment of changes in AH’s standard of living because of subproject related LAR activities.

Monitoring reports will be submitted to GDR and ADB per agreed schedule. Information and suggestions will be provided as a reference for decision-making. Through external monitoring and assessment, GDR and ADB can fully understand if the LAR activities are implemented on schedule and complies with the quality standard specified in the DRP. Consequently, issues identified could enable GDR and ADB to have improvement suggestions for new projects in the road transport sector, as well as in other sectors in Cambodia and even beyond.

2. Tasks

Tasks of external monitoring tasks will include: (i) preparing monitoring plan based on this TOR;

(ii) observing DMS for preparation of the DRP

(iii) assisting GDR to improve the LAR database, if applicable

(iv) verifying GDR’s LAR implementation progress reports

(v) assessing the level of compliance with policy requirements in terms of compensation payments and provision of additional allowances and assistance as stipulated in the DRPs;

(vi) reviewing and assessing grievance records;

(vii) carrying out consultations with AHs;

(viii) assessing satisfactory status of AHs;

(ix) monitoring and assessing the income restoration of affected businesses through baseline and end line surveys;

(x) identifying problems and making suggestions;

(xi) preparing and submitting monitoring reports to GDR; and

(xii) carrying out other specific tasks required by GDR, if any.

3. Method and Sample Size

A combined method of field survey, analysis and comprehensive assessment shall be adopted. This will include:

(i) review of LAR data bases, grievance records, payment records, etc.;

(ii) consultation of AHs and key informants

(iii) site specific survey of actual progress, receipt of compensations, satisfactory of LAR activities and process by AHs, etc.;

(iv) baseline and end line survey of sample households

(v) collection of photos, video records and physical substance except for written documents.

41 To be finalized prior to recruitment of the EMO.

97

Sample AHs for baseline and end line survey shall target 20% of AHs who experience major impacts and 20% vulnerable AHs, if any. The baseline survey shall be carried out along with GDR’s socioeconomic survey during the DMS.42

4. External Monitoring Organization (EMO)

The EMO, independent from GDR and MPWT, will be recruited by the Department of Internal Monitoring and Data Management of GDR as per RGC procedures. The requirements for EMO are as follows:

(i) minimum qualification requirements: master’s degree in social and related science;

(ii) working experience: 10 years; and

(iii) ADB/WB-financed project experience: 5 years.

5. Deliverables

The EMO needs to submit monitoring plan and reports. The monitoring plan shall include: (i) methods; (ii) sample size; (iii) schedule; and (iv) baseline/end line survey questionnaire.

The monitoring report will include: (i) summary; (ii) progress and variations; (iii) findings; (iv) problems identified (existing and potential); and (v) recommended mitigation or prevention actions, if needed.

Reports will be provided in English and Khmer. It should be ensured that information on the progress and status on all aspects of LAR activities will be provided to the external monitor for verification, including DMS results, LAR database, records of grievances, etc.

Monitoring reports will be prepared and submitted to GDR per tentative schedule set in the table below.

Deliverables and Tentative Schedules

Deliverable Date Note

Monitoring plan/inception report July 2021 2 weeks after signing agreement and prior to DMS

1st monitoring report (baseline survey report attached) July 2022 Baseline survey shall be carried out along with the DMS

2nd monitoring report Jan. 2023 3rd monitoring report July 2023 4th monitoring report Jan. 2024 5th monitoring report July 2024 6th monitoring report (end line survey report attached) July 2025

6. Schedule and Places of Assignment Totally 150 workdays input (inclusive of travel), including 100 days of field work and 50 days of home office work.43

Places of Assignment Estimated start date Estimated end date Other details Home office 01 July 2021 31 July 2025 Field work 15 July 2021 30 June 2025 Subproject areas in Kandal and

Preg Veng Provinces Total working days (Intermittent)

150

42 EMO’s own questionnaire shall be used. 43 The total inputs will be revised after the approval of RNIP-II

cambodia: road network improvement project phase 2

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