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Social Monitoring Report

This report has been submitted to ADB by the external monitoring agency and is made publicly available in accordance with ADB’s public communications policy (2005). It does not necessarily reflect the views of ADB.

Project Number: 37269 October 2009

CAM: Greater Mekong Subregion: Rehabilitation of the Railway in Cambodia

Prepared by REDECAM Group

For the Kingdom of Cambodia Inter-Ministerial Resettlement Committee Ministry of Economy and Finance Ministry of Public Works and Transport

KINGDOM OF CAMBODIA Nation Religion King

INTER-MINISTERIAL RESETTLEMENT COMMITTEE MINISTRY OF ECONOMIC AND FINANCE

MINISTRY OF PUBLIC WORKS AND TRANSPORT

GMS REHABILITATION OF THE RAILWAY IN CAMBODIA

EXTERNAL MONITORING AND POST-EVALUATION FOR RESETTLEMENT PLAN IMPLEMENTATION

Loan 2288 CAM-(SF)

SEVENTH QUARTER REPORT 16th July to 15th October 2009

Submit to IRC by REDECAM Group

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CONTENTS

EXECUTIVE SUMMARY.......................................................................................... iii

I. INTRODUCTION ........................................................................................1

II. SCHEDULE ..............................................................................................3

III. ACTIVITIES NOT IMPLIMENTED AS SCHEDULE OR UNACHIEVABLE.............................4

IV. STATUS OF ACCOMPLISHMENT DURING THE MONITORING PERIOD ...........................4

4.1 IMO’s Activities: ................................................................................. 4

4.2 Achievable IRC’s Activities:.................................................................. 8

4.3 Added/deviant Activities: .................................................................. 11

V. FOLLOW-UP ACTION ON ISSUES IDENTIFIED IN THE PREVIOUS MONITORING PERIOD ..11

VI. ISSUES IDENTIFIED DURING THE MONITORING PERIOD ......................................11

VII. RECOMMENDATION..................................................................................12

ANNEXES

Annex 1 – Summary matrix of progress in RP updating............................................. 13

Annex 2 – Public meeting ....................................................................................... 14

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ACRONYMS AND ABBREVIATIONS

ADB : Asian Development Bank

AP : Affected Person

AH : Affected Household

BRTO : Bamboo Rail Transport Operator

COI : Corridor of Impact

DMS : Detailed Measurement Survey

EA : Executing Agency

FGI : Focus Group Interview

GC : Grievance Committee

GMS : Great Mekong Sub-Region

HH : Household

EMO : External Monitoring Organization

IOL : Inventory of Loss

IRC : Inter-ministerial Resettlement Committee

KARE : Knowledge Attitude Response and Experience

MEF : Ministry of Economy and Finance

MLMUPC : Ministry of Land Management, Urban Planning and Construction

MPWT : Ministry of Public Works and Transport

NGO : Non-government Organization

PDEF : Provincial Department of Economic and Finance

PIB : Project Information Booklet

PMU : Project Management Unit

PRC : People’s Republic of China Project : GMS Rehabilitation of the Railway in Cambodia

PRSC : Provincial Resettlement Sub-Committee

RCS : Replacement Cost Study

RD : Resettlement Department

RGC : Royal Government of Cambodia

ROW : Right of Way

RP : Resettlement Plan

RRC : Royal Railway of Cambodia

SAP : Severely Affected People

SES : Socio-Economic Survey

TA : Technical Assistance

TOR : Terms of Reference

WG : Working Group

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EXECUTIVE SUMMARY

REDECAM were appointed by the Ministry of Economy and Finance on 15th January 2008 to act as the External Monitor to monitor and evaluate the preparation and implementation of the Resettlement Plan approved by the IRC and ADB in October 2006 and the updated Resettlement Plans for Northern Line, Southern Line and Samraong station in 2008 and 2009, and resettlement implementation in Phnom Penh. Those updated RPs are to provide compensation, relocation and other mitigation measures to restore the property and livelihood of people and communities affected by the GMS Rehabilitation of the Railway in Cambodia Project. The seventh quarter report of the External Monitor provides a record of direct observation on IRC WG activities such as public meeting, DMS conducting, resettlement site development, and grievance process and identifies other issues related to RP implementation. During the quarter, the IRC WG had organized 7 public meetings with affected household at local level. All the meetings are set up only for Phnom Penh railway section. The participants came from MEF, MPWT, Phnom Penh Municipality, Local Authorities, AHs, Consultants and EMO. DMS was conducted by IRC WG jointly with Phnom Penh Municipality Resettlement Subcommittee and local authorities (hereafter call the Team). DMS in Phnom Penh section was finished. Up to now in total there are 3,572 AHs, among them there are 942 AHs in Poipet section, 318 AHs in Missing Link section, 838 AHs in Northern Line section, 206 AHs in Southern Line section and 1,268 AHs in Phnom Penh section. As far as 15 October 2009, there are 1,156 AHs signed their contracts, comprising 838 AHs in Northern Line and 318 AHs in Missing Line. There is no complaint letter lodged, except 27 AHs have logged their complained to IRC and Banteay Mean Chey PRSC, then the complaints were sent to the parliaments. In response to the complaints, the IRC and MPWT had already explained and mad more clarification to the parliaments. So far, the complaints of 27 AHs were kept silence after response from the IRC, MPWT, local authorities and the parliaments. EMO keeps watching on the issue until the project construction work is finished. 147 BRTOs in Northern Line section also signed their contract and will get compensation USD 250 per each operator. There is no any payment during the monitoring period, except 318 AHs in missing link received payment for their compensation in previous quarter. The total amount for cash compensation is USD 92,703.44, comprising USD

60,159.44 for structures compensation, USD 15,088.00 for tree compensation and USD

17,456.00 for other allowances. During this period, three resettlement site developments were finished (Poipet, Battambang and Pursat). There is no any relocation activity due to compensation process is not implemented yet. For resettlement site developing in Sihanouk province, the contractor recruiting is in process.

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Missing Link

I. INTRODUCTION A. The Project 1. The Project primarily involves rehabilitation of the existing railway networks consisting of (i) 338 km section of the Northern Line linking Phnom Penh with Sisophon; (ii) 264 km of the Southern Line linking Phnom Penh with the port city of Sihanoukville, and (iii) a 6-km branch line from Phnom Penh station to the petroleum depot facilities at Ton Le Sap River. The project works also include reconstruction of another 48 km of the Northern Line – called the “missing line” – from Sisophon to Thai/Cambodia border at Poipet, which was removed during the civil war of 1970s. The reconstructed line will re-establish the railway connection with Thailand.

Figure 1 – Project Location Map

B. Project Impacts 2. During the PPTA period, it was estimated that about 2,629 Households (AHs) will be affected by the railway rehabilitation project. The detailed types and severity of impacts among AHs are described in table 1 below. In addition to the above number of affected households, there are also bamboo rail transport operators that will lose their source of livelihood once the railway lines are rehabilitated; 189 operators are currently operating along the whole line.

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Table 1: Type of AHs

PPTA Result in 2006 Type of AHs

Number of HH

HH who will be marginally affected and will have to repair their main house and/or small shops.

143

HH who will be totally affected and will have to move to another location due to impacts on their main houses and/or small shops.

822

Households who will only experience minor impacts due to loss of secondary structures (dug well, fences, etc.) and trees, and whose main place of residence/business will not be affected

1,660

privately-owned businesses will be disrupted due to impacts on structures and may require relocation (private-owned market, casino and office building)

3

Public Infrastructure that will be physically displaced (Telecom Building)

1

Total 2,629 3. A survey team was mobilized by the ADB and IRC to survey and consult affected households and prepare Addendum to the approved RP 2006. For this purpose, the tasks of the survey team included the following: (i) reviewing the data base (from the IOL of the 2006 approved RP) of project affected households (AHs) to determine how many AHs would need relocating; (ii) looking for possible relocation sites and assessing their suitability in terms of being able to accommodate all landless AHs in a given locality, availability of public services, ability of the AHs to continue with their present sources of livelihood, environmental stability, etc; and (iii) determining the relocation options of the AHs. The survey team in March and June 2007 located as result in table 2:

Table 2: Distribution by province of severely Affected Households

Province Total number New AHs Relocating landless

Banteay Meanchey 1,092 483 1,013 Battambang 216 129 93 Pursat 62 26 16 Kampong Chhnang 6 0 1 Sihanoukville 42 29 42

Total 1,418 615 1,165 4. In among of 1,418 AHs in Banteay Meanchey, Battambang, Pursat and Preah Sihanoukville who needed relocation. 822 of them were in the master list of AHs of the approved 2006 RP which covers ten provinces and cities; the other 615 were newly identified AH1 but have been ascertained to be living in the COI even before the conduct of the IOL 2006.

1 There is a number of the AHs in the master list of the approved RP 2006 were unable to find during the survey. Therefore, AHs in the old master list plus newly identified AHs is more than 1,418 AHs.

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II. SCHEDULE 5. Table 3 below contains an implementation schedule of the updated RP in Northern Line/Missing Link, Samraong station and Southern Line. The RP in Poipet and Phnom Penh section is still in process. The detailed activities are described in Annex 1. Table 3: RP Implementation Schedule

Updated RP 2008 / Northern line Updated RP 2009 / Samraong station Updated RP 2009 / Southern line

Activity Description Time Activity Description Time Activity Description Time

Distribution of plots in R&R sites Q4 / 09 RP Preparation May – June 2009

Southern URP Draft and approval Q1 / 2009

Relocation– on-site/resettlement sites

Q4 / 08 ADB Approval of Draft RP July 2009 Disclosure of URP to AHs & website

Q2 / 2009

Transfer of rail section to Contractor

NA RP Updating August 2009 Payments of compensation Q3-Q4 / 2009

Recruit and mobilize NGOs/agency for income restoration

Q4-09:Q2-11 Submission and ADB approval of updated RP

September 2009

Resettlement Site development Q2-Q4 / 2009

Independent Monitoring of URP implementation

Q2-08:Q3-10 Implementation of the approved updated RP

October 2009: March 2010

NGO hiring for social preparation and consultation for relocation

Q2-Q4 / 2009

CSC Resettlement Supervision* Q1-08:Q3-10 Internal Monitoring (Submission of Quarterly Progress Reports)

August 2009: March 2010

Notice to clear for COI for civil work

Q4 / 2009

External Monitoring* Q2-08:Q3-10 External Monitoring (intermittent) Sept 2009: March 2010

Relocation– on-site/resettlement sites

Q1 / 2010

Post-resettlement evaluation Q4 / 2011 Post-resettlement evaluation December 2010

Transfer of rail section to Contractor

Q1 / 2010

Income Restoration Program Q2-10:Q1-11

Internal Monitoring Q2-09:Q3-11

CSC Resettlement Supervision Q1-09:Q3-11

External Monitoring* Q2-09:Q3-11

Post-resettlement evaluation Q4 / 2011

*: The activities will conduct in partime. Q2-08 means second quarter of year 2008.

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III. ACTIVITIES NOT IMPLIMENTED AS SCHEDULE OR UNACHIEVABLE 6. There are some unachievable activities compared to the RP schedule. Those activities are:

Northern Line section:

1. Distribution of plots in resettlement site to AHs

2. Relocation– on-site/resettlement sites

3. Recruit and mobilize NGOs/agency for income restoration

IV. STATUS OF ACCOMPLISHMENT DURING THE MONITORING PERIOD

4.1 IMO’s Activities: 7. Based on IRC WG activities in the seventh quarter, IMO has focused their activities only in Phnom Penh section. Below activities were accomplished during the quarter: 8. 4.1.1 Direct observation on Public Meeting: During the period of monitoring, IMO has directly observed on 7 Public Meetings in Phnom Penh section which were organized by IRC WG and Governor of Phnom Penh Municipality. Purposes of the meeting are to inform AHs about the Project benefit and impact, corridor of impact, right of way, compensation entitlement, DMS process and schedule, relocation process and grievance procedure. All participants also were given opportunity to raise their questions to IRC to answer and explain. For more detailed information of the meetings, please see in annex 2. The Public Meetings were carried out at different places as below:

1. On 30th July 2009, there was a meeting at Reussei Keo Pagoda, Boeung Salang village, Sangkat Reussei Keo, Khan Reussei Keo, Phnom Penh City. In the meeting, there were 184 participants, comprising 32 from IRC, Consultant, IMO, PPRSC and 87 AHs from Boeung Salang village, 66 AHs from Mittapheap village (both villages are located in Sangkat Reussei Keo). The meeting started at 8:30 am and finished at 10:00 am.

2. On 13th August 2009, there was a meeting at Sangkat Kilometer #6, Khan Reussei Keo and Phnom Penh City. In the meeting, there were 124 participants, comprising 22 from IRC, Consultant, IMO, PPRSC, 58 AHs from Kraol Kau village and 44 AHs from Spean Kpous village (both villages are located in Sangkat kilometer #6). The meeting started at 8:30 am and finished at 10:00 am.

3. On 21st August 2009 at 2:30 pm, there was a Public Meeting at Phnom Penh Municipality Hall. There were 28 participants came from IRC WG, PRSC, LA, Consultants and IMO.

4. On 31st August 2009, there was a meeting at Neak Kavoan Pagoda, in Sangkat Boeng Kak Pir, Khan Tuol Kouk and Phnom Penh City. The meeting participated by people who are living in ROW of railway where Government will implement the Project. There were 191 participants, comprising 28 from IRC, Consultant, IMO, PRSC and 43 people from Sang Kat Boeng Kak Mouy, 114 from Sang Kat

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Boeng Kak Pir (both Sangkats are in Khan Tuol Kouk) and 6 people from Sangkat Sras Chak in Khan Doun Penh. Meeting started at 8:30 am and finished at 10:00 am.

5. On 22nd September 2009, there was a meeting at Sangkat Samroang Kroam center, Khan Dangkoa, Phnom Penh City. There were 186 participants, comprising 37 from IRC, Consultant, IMO, PRSC and 149 from Sangkat Samroang Kroam. The meeting started at 8:30 am and finished at 10:30 am.

6. On 29th September 2009, there was a meeting at Khan Sen Sok center. The meeting started at 2:30 pm and finished at 4:00 pm. There were 66 participants, comprising 16 from IRC, Consultant, IMO, PRSC, LA and 50 from Sangkat Phnom Penh Thmei, in Khan Sen Sok.

7. On 2nd October 2009 at 3:00 pm, there was a meeting at Kandal Provicial Hall. The meeting was finished at 4:30 pm at the same day. In the meeting, there were 40 participants, comprising IRC, Consultant, IMO, PRSC and LA.

9. 4.1.2 Direct observation on DMS conducting: During the monitoring period, IMO has direct observation on DMS process which was conducted by IRC WG jointly with Phnom Penh Municipality Working Group and local authorities (hereafter called Team). The DMS in Phnom Penh section was completed and the data analyzing is in process. The Team completed DMS about 25 AHs per day. For DMS summary of the whole project, please see in table 5. EMO has observed on DMS process at some places as below:

1. On 13th August 2009 at 2:00 pm, IRC WG and PRSC (the Team) started to conduct DMS at Kraol Kou village, Sangkat Kilometer #6, Khan Ruessei Kaev. In the village, 69 AHs were registered in DMS list. The DMS process was done free, smoothly and transparency. 2. On 21st August 2009 at 7:30 am, the Team started to conduct the DMS at Phum 14, Sangkat Boeng Kak Muoy of Khan Tuol Kouk. In the village, 49 AHs were registered in DMS list. The DMS process also was done free, smoothly and transparency. 3. On August 31st, 2009 at 2:00 pm, the Team which led by Mr. Nuon Sam Art, was divided into 3 subgroups to conduct DMS at Phum 17, Sangkat Boeng Kak Pir, Khan Tuol Kouk. As the result, the Team has finished 13 affected households. In the village, 30 AHs were registered in DMS list. 4. On 13th October 2009 at 10:00 am, the Team started to conduct DMS at small station of Samraong where is located in western of the road #120 K. In the station, there are 13 affected households, amount them there is one household is unknown name. During DMS conducting the Team was divided in 4 subgroups. Two subgroups are going to conduct DMS with AHs and another two subgroups is going to identify COI by setting up a pole with red color at the end.

10. 4.1.3 Direct observation on Contract Making and Payment: During the seventh monitoring period, there was not any contract making or payment process to AHs. IRC

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responded that contract making in Southern Line will start after getting approval from ADB on RP/Southern Line. For Northern Line section, the contract making process was finished, but the payment could not start because construction work will start first at Southern Line section. So the payment in Northern Line may start after finishing Southern Line section. 11. 4.1.4 Observation on resettlement site: 4 resettlement sites have been selected for relocating AHs in Poipet station, Battambang station, Krakor district, Pursat province and Sihanouk province. During this monitoring period, EMO has monitored on three resettlement sites such as in Poipet town, Battambang and Pursat province. For resettlement site development in Sihanouk province, the recruitment of contractor is in process. There is no any relocation process to the above 4 resettlement sites due to compensation process is not implemented yet. The status of resettlement site development is described as following:

12. A. At Poipet Town: Kilomettre Lek 4 resettlement site is located in Kilomettre Lek 4 village, Poipet commune, Poipet town, Banteay Meanchey province. It is about 12 ha. The site is about 4 km from the present location with road access (7m width) and land filling to protect flooding (1.0 - 1.5m height). Every relocated household will receive one residential plot with sizes 105m2 (7m x 15m), one pour flush latrine and one pumping well for ten households. IRC has recruited Royal Mekong Company as a contractor to build infrastructures for the site. The resettlement site was completed develop and IRC delegated it to LA for taking their responsibility.

13. B. In Battambang province: This resettlement site is located in Prey Kaun Sek village, O’Char commune, Battambang district, Battambang province. The site is about 2 ha. It is easy access to public transportation network for easy access to and from the city centre and hospital, which is about 2.5 km from the site (for more detailed information about the site, please read in fourth quarter report). IRC has awarded contractor with Tan Kim Eng Co. ltd to build infrastructures for the site. The contractor has filled a soil at the site about 1.0m height in average, constructed drainage system, toilets and road access. The contractor could not drill a pump well at the site due to the level of ground water was very low. For

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solving the problem, IRC will cooperate with Battambang Water Supply Department to connect the water pipe to the resettlement site. The resettlement site development was completed (except the water pipe system that will connect before AP relocating).

14. C. In Pursat province: The Pursat site will accommodate for 30 landless households. Kabbas resettlement site is located in Kabbas village, Chheu Tom commune, Krakor district, Pursat province. It is about 3,200 m2 by dividing in 33 plots with sizes 70 m2 (5.6m x 12.5m). These sites are located within 400 meters from existing site, so relocation in Pursat will have very limited impact or disruption in livelihood and employment. The contractor has filled a soil at the site about 1.2 m height in average. The site will be provided with local access roads, 33 latrines, sewerage line, and 3 deep tube wells for drinking water. Affected households will be assigned plots for construction of their own houses. IRC has recruited Bun Thorng Construction Company as a contractor to build infrastructures for the site. The resettlement site development was completed.

15. 4.1.5 Monitoring on grievance process: There was not any grievance lodged during the seventh quarter monitoring period. 16. 4.1.6 Socio-economic baseline survey (including KARE survey): A panel sample of approximately 20% of affected households and as well as at least of 25% of severely affected households. Up to now we have interviewed in total 511 households which

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drawn from 2,313 AHs of DMS list. For Kandal province and Phnom Penh city the SES is not yet conducted, because IRC WG not yet completes DMS data analyzing.

4.2 Achievable IRC’s Activities: 17. 4.2.1 Public Meeting: During the quarter, the IRC had organized 9 public meetings through local authorities. At the meeting, IRC described a back ground information, benefit and impact of the project; compensation entitlement, allowance and assistance (for relocated and vulnerable people), and grievance procedure. The dissemination was notified to AHs about the COI was from 3.5 to 5.0 meters in each side of railway. All participants were encouraged and given the opportunity to ask question and seek clarification regarding to their concerns about the project. Please see in annex 2 for more detailed information of the meetings. 18. 4.2.2 DMS process: Up to now, IRC WG has completed the detailed measurements surveys (DMS) in section of the Northern Line, Southern Line, Missing Link, Poipet and Phnom Penh. Last DMS results in total is 3,572 AHs, among them there are 942 AHs in Poipet section, 318 AHs in Missing Link section, 838 AHs in Northern Line section, 206 AHs in Southern Line section and 1,268 AHs in Phnom Penh section. Table 5: Summary of AHs in DMS List, Signed Contract and Received Payment

Number of AHs registered in DMS List Location/District

Main Rail Loop Line Station Total

Signed

Contract

Received

Payment

I. POIPET SECTION

1.1 Banteay Meanchey province

1.1.1 Poipet town 501 AHs 0 2441 AHs 942 AHs 0 0

Total Poipet Section 501 AHs 0 441 AHs 942 AHs 0 0

II. MISSING LINK


2.1.1 Ou Chrouv 293 AHs 0 6 AHs 299 AHs 299 AHs 299 AHs

2.1.2 Serey Sophan 19 AHs 0 0 19 AHs 19 AHs 19 AHs

Total Missing Line 312 AHs 0 6 AHs 318 AHs 318 AHs 318 AHs

III. NORTHERN LINE


3.1.1 Serey Sophan 87 AHs 0 0 87 AHs 87 AHs 0

3.1.2 Mongkol Borey 109 AHs 4 AHs 0 113 AHs 113 AHs 0

Sub-total (2.1) 196 AHs 4 AHs 0 200 AHs 200 AHs 0

3.2 Battambang province

3.2.1 Thma Kol 63 AHs 2 AHs 0 65 AHs 65 AHs 0

3.2.2 Baddambang 90 AHs 22 AHs 923 AHs 204 AHs 204 AHs 0

2 In Poipet station, 18 AHs were excluded from DMS list because their names are repeated.

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Signed Contract

Received Payment

3.2.3 Sangke 34 AHs 0 0 34 AHs 34 AHs 0

3.2.4 Koas Krala 4 AHs 1 AHs 0 5 AHs 5 AHs 0

3.2.5 Mong Reussei 41 AHs 4 AHs 0 45 AHs 45 AHs 0

Sub-total (2.2) 232 AHs 29 AHs 92 AHs 353 AHs 353 AHs 0

3.3 Pursat province

3.3.1 Bakan 36 AHs 3 AHs 3 AHs 42 AHs 42 AHs 0

3.3.2 Sampov Meas 0 49 AHs 3 AHs 52 AHs 52 AHs 0

3.3.3 Krakor 20 AHs 83 AHs 30 AHs 133 AHs 133 AHs 0


3.4 Kampong Chhnang province

3.4.1 Teuk Phoss 17 AHs 14 AHs 11 AHs 42 AHs 42 AHs 0

3.4.2 Samky Meanchey 0 15 AHs 1 AHs 16 AHs 16 AHs 0


Total Northern Line 501 AHs 197 AHs 140 AHs 838 AHs 838 AHs 0

IV. SOUTHERN LINE

4.1 Sihanoukville

4.1.1 Mittapheap 171 AHs 0 0

4.1.2 Stueng Hav 2 AHs 0 0

4.1.3 Prey Nub 9 AHs 0 0

Sub-total (3.1) 182 AHs 0 0

4.2 Kampong Speu

4.2.1 Udongk 5 AHs 0 0


4.3 Kampot province

4.3.1 Angkor Chey 4 AHs 0 0


4.4 Takeo province

4.4.1 Bati 4 AHs 0 0

4.4.2 Samroang 5 AHs 0 0

4.4.3 Traing 6 AHs 0 0


Total Southern Line 206 AHs 0 0

V. PHNOM PENH SECTION

5.1 Phnom Penh municipality

3 In the Battambang station, 9 AHs were excluded from DMS list because they are not affected anymore due to contractor refit COI.

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Signed Contract

Received Payment

5.1.1 Reussei Keo 791

5.1.2 Tuol Kouk 343

5.1.3 Daun Penh 69

5.1.4 Dangkoa 14

5.1.5 Sen Sok 48

Sub-total (5.1) 1,265 AHs 0 0

5.2 Kandal province

5.2.1 Ang Snuol 2 0 0 2 0 0

5.2.2 Kandal Stueng 1 0 0 1 0 0

Sub-total (5.2) 3 0 0 3 AHs 0 0

Total PP section 1,268 AHs 0 0

GRAND TOTAL 3,572 AHs 1,156 AHs 318 AHs

4.2.3 Compensation process: 19. - Contract making process: During the monitoring period, there was not any contract making process. So up to 15 October 2009, there are 1,156 AHs signed their contracts, comprising 838 AHs in Northern Line and 318 AHs in Missing Link (see table 6 for more detailed results). 20. - Payment process: During the monitoring period, there was not any payment process. The same as previous quarter, only 318 AHs, who are in missing link, received payment for their compensation. The total amount for cash compensation is USD

92,703.44, comprising USD 60,159.44 for structures compensation, USD 15,088.00 for tree compensation and USD 17,456.00 for other allowances. The result of payment is break down by district as following:

Table 6: Summary of Compensation Cost for AHs Payment by district

(Currency is USD)

Location Land Structure Tree Allowance Total

I. MISSING LINE


1.1.1 Ou Chrouv district 0.00 58,822.94 13,424.53 16,591.00 88,838.47

1.1.2 Serey Sophan district 0.00 1,336.50 1,663.47 865.00 3,864.97

Total (missing line) 0.00 60,159.44 15,088.00 17,456.00 92,703.44

GRAND TOTAL 0.00 60,159.44 15,088.00 17,456.00 92,703.44

21. 4.2.4 Grievance process: During the monitoring period, there was not any new grievance lodged.

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4.3 Added/deviant Activities: 22. There were not any adding or deviation activities in the seventh quarter.

V. FOLLOW-UP ACTION ON ISSUES IDENTIFIED IN THE PREVIOUS MONITORING

PERIOD

Reporting

Period

Issues Status (if

resolved or not)

Reason/Additional

Action Required

(i) Payment of compensation in Northern Line section.

The compensation payment in the section is not yet started.

Construction work will firstly start in Southern Line section, so at the moment IRC could not make compensation payment to AHs in Northern Line section.

(ii) RP of Southern Line was not yet approved.

The RP was approved.

None

(iii) Mr. Tin Tha, disabled household head, registered in #DMS: IV-015, PK=L/360+000, #ID: 164, and Mr. Seu Sak, disabled household head, registered in #DMS: IV-020, PK=L/360+550, #ID: 158, both of them are staying at Ou Chrov village, Nimith commune, Ou Chrov district, Banteay Meanchey province. They do not get vulnerable allowance USD 150.

Not yet resolve

IRC should reimburse vulnerable allowance to Mr. Tin Tha and Seu Sak.

6th Qtr 2009 Until mid July

(iv) 27 AHs, in Poipet section, were not agreed to make their print thumb on DMS questionnaire which completed by IRC WG. They asked IRC to realignment the railway.

The issue is in grievance process.

IRC should identify what is AP need and try to negotiate with them.

VI. ISSUES IDENTIFIED DURING THE MONITORING PERIOD

23. There is an issues was identified in the monitoring report (7th quarter report) as below:

Reporting

Period

Issues Status (if resolved or

not)

Reason/Additional Action

Required

7 Qtr 2009 Until mid Oct

(i) IRC has delegated the resettlement site in BMCH to LA for taking their responsibility.

Through IMO monitoring, founding that the relocation site were abandoned. Toilet, pump well could be stolen objects.

IRC should alert LA to pay close attention to the site.

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VII. RECOMMENDATION 24. In general, RP implementation went smoothly. However, some corrective should be taken to ensure more effective implementation of resettlement in the future. Therefore, the EM recommends that:

- On resettlement site: IRC has delegated resettlement sites in Banteay Mean Chey province to LA for taking their responsibility. During the IMO monitoring finding the site was abandoned. Toilet and pump well could be stolen objects. IRC should alert to LA to pay their attention on the site guarding.

- During the public meeting, IRC should more explain about Grievance mechanism to AHs.

- IRC should consider to the project impact on AHs both property and livelihood. IRC should minimize impact on AHs livelihood by providing them a place where do not have/have small impact or disruption on their livelihood and employment. So that, resettlement/relocation site should have more options for them to decide/choose.

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Annex 1 – Summary matrix of progress in RP updating

Province District/Town No. AHs

Participation & Consul.

COI stake

DMS Contract Making

Payment Update Unit Costs

Relocation Site Plan

Livelihood Plan

Update RP

RP Submission

ADB Approval

1. Poipet Town section

Banteay Meanchey

Poipet town 942 √√√ √√√ √√√ - - - √√√ - - - -

2. Missing Line

Ou Chrov 299 √√√ √√√ √√√ √√√ √√√ - - - √√√ √√√ √√√ Banteay Meanchey Serey Sophoan 19 √√√ √√√ √√√ √√√ √√√ - - - √√√ √√√ √√√

3. Northern Line

Serey Soaphoan 87 √√√ √√√ √√√ √√√ - - - - √√√ √√√ √√√ Banteay Meanchey Mongkol Borey 113 √√√ √√√ √√√ √√√ - - - - √√√ √√√ √√√

Thma Kol 65 √√√ √√√ √√√ √√√ - - - - √√√ √√√ √√√

Baddambang 209 √√√ √√√ √√√ √√√ - - √√√ - √√√ √√√ √√√

Sangke 34 √√√ √√√ √√√ √√√ - - - - √√√ √√√ √√√

Koas Krala 5 √√√ √√√ √√√ √√√ - - - - √√√ √√√ √√√

Battambang

Mong Reussei 45 √√√ √√√ √√√ √√√ - - - - √√√ √√√ √√√

Bakan 42 √√√ √√√ √√√ √√√ - - - - √√√ √√√ √√√

Sampov Meas 52 √√√ √√√ √√√ √√√ - - - - √√√ √√√ √√√ Pursat

Krakor 133 √√√ √√√ √√√ √√√ - - √√√ - √√√ √√√ √√√

Teuk Phoss 42 √√√ √√√ √√√ √√√ - - - - √√√ √√√ √√√ Kampong Chhnang Samky Meanchey 16 √√√ √√√ √√√ √√√ - - - - √√√ √√√ √√√

4. Southern Line

Kampot Angkor chey 4 √√√ √√√ √√√ - - - - - √√√ √√√ -

Bati 4 √√√ √√√ √√√ - - - - - √√√ √√√ -

Samroang 5 √√√ √√√ √√√ - - - - - √√√ √√√ - Takeo

Traing 6 √√√ √√√ √√√ - - - - - √√√ √√√ -

Kampong Speu Udongk 5 √√√ √√√ √√√ - - - - - √√√ √√√ -

Mittapheap 171 √√√ √√√ √√√ - - - √ - √√√ √√√ -

Stueng Hav 2 √√√ √√√ √√√ - - - - - √√√ √√√ - Sihanoukville

Prey Nob 9 √√√ √√√ √√√ - - - - - √√√ √√√ -

Legends: √ = started √√ = more 50% done √√√ = 100% complete

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Annex 2 – Public meeting

I. Meeting at Ruessei Kaev Pagoda on 30 July 2009

On 30 July 2009, there was a public meeting at Ruessei Kaev Pagoda, Boeng Salang village, Sangkat Ruessei Kaev, Khan Ruessei Kaev, Phnom Penh City. In the meeting, there were 184 participants, comprising 32 from IRC, Consultant, IMO, PPRSC, and 87 AHs from Boeng Salang village and 66 AHs from Mittapheap village (both villages are located in Sangkat Ruessei Kaev). The meeting started at 8:30 am and finished at 10:00 am. Detailed meeting information is described as follow:

In opening remark, Mr. Seak Song, a Representative of Phnom Penh Municipality Governor, expressed the warm welcomed to all participants in the meeting and raised the meeting agenda. The agenda is talking about IRC and Phnom Penh RSC task for the Railway Project from Singapore to Kunming (Peoples Republic of China / PRC). Then,

he released the meeting floor to Mrs. Chao Pan, first deputy chairman of Sangkat Ruessei Kaev to spread relevant information about the Project impact to the meeting. Mrs. Chao Pan reported that in Sangkat Ruessei Kaev, the railway is passed 2 villages, comprising Boeng Salang and Mittapheap village. She is also advised to all participants to take their attention for the meeting. In case they did not well understand, please ask the orators. It is avoided receiving with unclear information and can make some confusion in the future.

No. Name Role

1 Mr. Im Setheara Deputy Director of RD

2 Mr. Ly Borin Deputy General Director of Railway

3 Mr. Seak Song PP Municipality

4 Mr. Sou Sakun Khan Ruessei Kaev

5 Mr. Ouk Leap Khan Ruessei Kaev

6 Mrs. Chao Pan Sangkat Ruessei Kaev

7 Mr. Try Vanthok IRC WG

8 Mr. Kea Ky Deputy of SC, PP

9 Mr. Chan Sopheak IRC WG

10 Mr. Noun Sam arth IRC WG

11 Mr. Em Seng IRC WG

12 Mr. Khem Sovathara IRC WG

13 Mr. Chan Sophin MPWT

14 Mr. Im Seap MEF

15 Mr. Chheang Sokhan MEF

16 Mr. Mam Thaneth MLUMP

17 Mr. El Samnang Police Commander

18 Mr. Tiv Kimpiseth PP Municipality

19 Mr. Sun Sokny MEF

20 Mr. Chheang Chhor Lin IRC WG

21 Mr. Pich Keomony Khan Chamkar Moan

22 Mr. Siv Taingchrin MEF

23 Mr. Norng Kuntheara MPWT

24 Mr. Chan Sophin IRC WG

25 Mr. Veth Sokhara IRC WG

26 Mr. Khun Srun IRC WG

27 Mr. Mul Virak Sangkat Ruessei Kaev

28 Mr. Chan Rithy Deputy of SC, PP

29 Mr. Kong Chea Deputy of SC, PP

30 Mr. Ek Vannak Mittapheap village

31 Mr. Nhim Sophat Boeungsalang village

32 Mr. Pum Thon Mittapheap village

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Mr. Ly Borin, Deputy General Director of Railway General Department, added that the current Cambodia railway suffers from a badly deteriorated infrastructure, deplete traction and rolling stock fleet not to mention having to make do with a bare minimum of financial support. In particular, the railway was removed from Poipet to Serey Saophaon section, so that the Government has to rehabilitate the railway by taking loan from ADB about USD 150 million. It is a good opportunity for us that Lao do not have a railway and sea port, so we can get some benefit of cargo transportation from Sihanoukville to Lao. He also mentioned at the moment construction work will take place only 7 m (COI). But it does not mean that people can have their ownership on remaining land in ROW. Refer to Declaration #06 BRK, dated on September 27, 1999. Now, the Declaration is changing into a Subdecree. He added the DMS was completed in all provinces where the railway pass through, except Phnom Penh city is the last one to conduct it. At the end Mr. Ly Borin reminded “Do not confuse the Government sold the railway to private company it is just lease for a limit time only”. Mr. Im Sethyra, Deputy Director of Resettlement Department, express that objective of the meeting today is to discuss between IRC and AHs on resettlement issues with friendly speaking. The main objective of the project is to contribute to increase economic growth and poverty reduction. Moreover refer to rectangular strategy of the Government is to find out more jobs for Cambodian people. What are benefits from the project?

1- Tourism: more tourists come into Cambodia. People can get income by serving them such as food, accommodation …etc.

2- Transportation: our national roads are not enough supporting for communication, so the railway will play very important role to reduce the cost of transportation, automobile traffic and other accidents.

3- Investment: the railway with a standard of infrastructure which will enable it to offer competitive and cost effective service resulting in affordable cost of staple commodities and manufacturing inputs. It is encourage to investor to come into Cambodia. At that time people will have more jobs and their income will be increased.

In addition, he stated that every development project has the impact. The Government also understood about people difficulties cause to the resettlement. For that reason, the resettlement impact was minimized by using COI only 7m and AHs will receive compensation and some allowances from the project. The compensation process will apply by following stages:

1- DMS: IRC WG will register all AHs in the list and record/measure all affected assets such as structures, tree, crop, land and other assets.

2- After getting approval from Royal Cambodia Government and ADB on DMS result list, IRC WG will negotiate with AHs to make contract. At this stage, AHs have to check the compensation amount carefully before make a print thumb. If the result is not correct AHs have to ask IRC WG to explain or correct.

3- After finishing the contract making process, IRC will request compensation budget from Government and make a payment to AHs. Then AHs have to move

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al affected properties from COI. He also confirmed to AHs that the compensation will apply for all affected assets with replacement cost price which studied by independent agency, except land in ROW that Government will not compensate.

Open floor:

Q1. Mrs. Mon Sameurn: If the construction work will take place 3.5 m in each side, so my house will remain only 1m, how the project will help me?

Q2. Mrs. Aem Lab, from Boeung Salang village, wondered: If my house will be totaled affect, how the project will compensate?

Q3. COI will be taken in 7m, in the future the railway will be expanded more or not? If my house will be lost 2 meters, what would be compensated? What would be compensation for concrete wall? Wooden wall?

Q4. Mrs. Chan Sarin: in case my family has to relocate to other place and we do not have money for transportation, what the project will help? If we want to take compensation in cash, not the replacing land which provided by the project, how many we will receive?

Q5. Mr. Aok Savy: How long that people need to stay here to become an eligible AP of the project.

Response to question #1 and #2: For landless households, the project will provided one plot at the relocation site. The plot size is 7m x 15m. The location is not far more than 5 km from the present location. In case affected house remains less than 30m2, so the project will consider as landless household too.

Response to question #3: For this time the construction work will take place only 7m. But the remained land in ROW is still state land, which is referring to the Declaration #6. The railway corridors reserving for the infrastructure shall be limited as follow: Both sides from the axis of the way are limited to 20 m for city, provincial town and urban area. Both sides from the axis of the way are limited to 30 m for the way outside the City. Both sides from the axis of the road are limited to 100 m for the way in the forest and mountainous area with the sliding down rock or in the high wood area. The project will be compensated to AHs what they would loss and to ensure that they are compensation at replacement costs based on current market rates. This means the livelihood and living condition of affected people would not be affected by the project and they can restore their loss assets.

Response to question #4: For relocating AHs, they will receive one house plot at the relocation site, included well or water pipe system, toilet, sewerage system and road access. The project will provide some allowance for transportation, disruption during construction work (from one to six months) and vulnerability. For those people do not want to take the replacing land which provided by the project, they can offer compensation in cash but we do not know yet how much? It is depend on the independent agency who will conduct the replacement cost study.

Response to question #5: All people, who are living before 30 June 2006, will become an eligible AP to receive compensation from the project.

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II. Meeting at Sangkat Kilometer #6 Center, on 13 August 2009

On 13 August 2009, there was a meeting at Sangkat Kilometer #6, Khan Reussei Keo and Phnom Penh City. In the meeting, there were 124 participants, comprising 22 from IRC, Consultant, IMO, PPRSC, 58 AHs from Kraol Kau village and 44 AHs from Spean Kpous village (both villages are located in Sangkat kilometer #6). The meeting started at 8:30 am and finished at 10:00 am. Detailed meeting information is described as follow:

The meeting presided by Mr. Tiv Kimpiseth, Deputy General Cabinet of Municipality, PP. First of all, he expressed the warm welcome to all participants. He also stressed that we invited people to attend in the meeting today because we want to let them know well about the project. That is an advantage for people to know in advance other related issues on the project. If people have any question or anything don’t clear about the project they can asked to the IRC WG and don’t hesitated to ask them. Then he moved the floor to IRC committee to raise the purpose of the railway rehabilitation project in Cambodia. Mr. Sun Sokny, Multi Project Division Chief of Resettlement Department, mentioned that the purpose of the public meeting today is to let people understand well about the project information. As you know, construction work of the railway rehabilitation project in Cambodia was inaugurated on 18th February 2008, at Banteay Mean Chey Province under superior presided by Prime Minister Hun Sen. He also described about the railway road history and background as follow: The Railway has been constructed in 1929 and it has desired for about 80 years with the total length is 652 km. Nowadays the Railway from Poipet until Sihanoukville was almost destroyed during the Civil War of the 1970s. The railway in Cambodia consists of two

Name List of Committee Participation

# Name Role

1 Mr. Tiv Kimpiseth PP Municipality 2 Mr. Sun Sokny MEF

3 Chheang Chhor Lin IRC WG





8 Mr. Kean Ky MPWT

9 Mr. Yoeurn Sophal Redecam/IMO

10 Mr. Noun Sam Arth IRC WG

11 Mr. Mum Thaneth LA

12 Mr. Chan Rithy MPWT

13 Mr. Im Seap MEF

14 Mr. Chheang Sokhan MEP

15 Mr. Ung Leap Khan Reussei Keo

16 Mr. Sok Khim Sangkat KM #6

17 Mr. Smheung Manith Sangkat KM #6


19 Mr. Chan Phearum Municipality, PP.

20 Mr. Seak Song Municipality, PP.

21 Mr. Kong Chea Police Commander

22 Mr. Chea Sarin Consultant

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lines, the Northern Line and the Southern line. The Northern Line was built in the 1920s and extends for approximately 388 kilometers from Phnom Penh to Poipet, on the border with Thailand. The railway section is about 48 kilometer from Svay Sisophone to Cambodia-Thailand border were almost destroyed even if railway iron or wood piece are all loosed. The Southern line with a total length of approximately 264 kilometers was constructed in the late 1960s and links Phnom Penh with Sihanoukville, Cambodia’s main seaport. The Railway project is not only implemented in Cambodia, but it is linked from Singapore to Kunming (PRC) through Malaysia, Thailand, Cambodia, and Viet Name. He concluded that a rehabilitated railway would be economically beneficial to Cambodia and could possibly become a profitable operation. The project will spend around 73 million USD: USD 42 million – ADB Loan, USD 13 million – OPEC, Grand from Malaysia government is 2.8 million USD (provided used Ray iron, but the quality can use up to 80-90%) and Contributed by the Cambodia Government is 15.2 million USD. Mr. Sun Sokny also mentioned about the railway rehabilitation project in Cambodia funded by ADB loan for construction work and Royal Government of Cambodia has to response for compensation to AHs. The unit rate compensation will be based on the study of independent agency to classify by type of structures such as thatch/ leaf house, zinc/tile roof house, etc. He informed that refer to the Declaration #6, the railway corridors reserving for the infrastructure shall be limited as follow: Both sides from the axis of the way are limited to 20 m for city, provincial town and urban area. Both sides from the axis of the way are limited to 30 m for the way outside the City. Both sides from the axis of the road are limited to 100 m for the way in the forest and mountainous area with the sliding down rock or in the high wood area. All land in ROW is the state land, so people can not have any ownership on it. There are 3 stages for the resettlement implementing: - 1st stage: IRC WG is going to conduct the public consultation with all AHs. Then the

Teams will conduct DMS by registering all AHs and recording all affected properties in the DMS list. Then the DMS results will submit to ADB and Government for getting approval. DMS Team comprises from MEF and other relevance Ministries such as MLMUPC, MPWT and RRC jointly with Phnom Penh Municipality, especially cooperate with local authorities. In Khan Reussei Keo, IRC WG has finished DMS for 2 Sangkats in total 615 AHs, including 301 AHs in Sangkat Toul Sangke (2 villages) and 314 AHs in Sangkat Reussei Keo (2 villages).

- 2nd stage: After getting approval from ADB and Government, IRC WG will negotiate

with AHs to make a contract based on the result of DMS in stage 1. In case AHs agreed with the compensation amount they have to make a print thumb on their contract.

- 3rd stage: After the contract has been done, IRC will prepare budget for the

resettlement compensation and submit to Prime Minister Hun Sen to get approval. Then the MEF will make payment to AHs and they have to move their affected properties from COI to allow the construction work starts.

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In addition, Mr. Tiv Kimpiseth, also informed to all participants that who come to settle after DMS process has been done, so they will not receive any compensation or allowances. Open Floor: Q1. Mr. Khuon Prum Sarith asked: Which will be a compensation payment for lose

assets, in cash or in kind/land? If the project will provide the land where is the land? How is the land size? I used to hear that all AHs will relocate to live at mountainous area. Moreover, will the Project provide transportation allowance for the relocating?

Q2. Mr. Mam Sokhon asked that Government will construct railroad or Highway? If

the Project is going to take 3.5m and I have remained land for continuing to live here so do the project will compensate to my affected land or not?

3. Mrs. Sak Bopha asked that the compensation amount will be enough for us to

build or buy a new house? Responses to Q1: Mr. Sun Sokny, Multilateral Project Office Chief of Resettlement Department, responded that the project will compensate to AHs in USD currency to avoid inflated exchange rate. If affected people has any remained land in ROW (outside COI), they can continue to live here. In case they are landless, so the Project will provide a residential plot (7m x 15m) at new relocation site. The site is about 5 km from the existing location. It is not a mountainous area as you heard. On the other hand, the project also will provide a transportation allowance to AHs who will relocate to the new site. At the relocation site, the project will provide some infrastructures such as toilets, water supply system or pump wells, etc. The relocation site also has to be closed to school and hospital. One pump well will be provided for 10 households, but every household will have one toilet. Responses to Q2: Mr. Tiv Kimpiseth, Deputy Chief of Phnom Penh Municipality Cabinet, responded that the project will definitively construct railroads. Then, Mr. Sun Sokny added that people can continue to live on their remained land in ROW, but it is just a temporary living. The affected land in ROW is not entitled for compensation. AHs will receive 0.5$/m2 for their land use (cultivating land). Responses to Q3: Mr. Tiv Kimpiseth responded that everybody always needs more compensation amount even me too, but the Project will not provide as we want. The compensation will be paid based on house/structure categories such as wooden or concrete house, etc. Then, Mr. Sun Sokny added that the compensation rates are based on replace cost study results, which is studied by Independent Agency appointed by RGC and agreed by ADB. Furthermore, the studied results were also sent to ADB to get comment and approval. It means the compensation rates were not just decided by IRC.

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III. Meeting at Phnom Penh Municipality Hall on 21 August 2009

On 21 August 2009, there was a meeting at PP Municipality Hall. In the meeting, there were 28 participants, coming from ICR, Consultant, IMO, PPRSC local authorities. The meeting started at 2:30 am and finished at 4:00 am. Detailed meeting information is described as follow: The meeting was welcomed by H.E.

Chreang Sophan, Deputy Governor of Phnom Penh Municipality and also RSC Chairman in Phnom Penh. In the opening remarks, expressed the warm welcomed to all participants in the meeting and raised the meeting agenda. The agenda is talking about IRC and Phnom Penh Resettlement Sub Committee task for the Railway Project from Singapore to Kunming (Peoples Republic of China / PRC). Meeting today is discussed on project impact of two Khans which is Tuol Kouk and Doun Penh. In Khan Doun Penh the project will affect only Sangkat Srah Chak and in Khan Tuol Kouk are 3 Sangkats, comprising Boeng Kak Muoy, Boeng Kak Pir and Tuek L’ak Muoy.

He added that IRC WG has been finished DMS in Khan Ruessei Kaev. He also suggested to the local authorities such as Sangkat, Khan and Village to involve with IRC WG in

Name List of Committee Participation:

#. Name Role

1 H.E Chreang Sophann PP RSC Chairman

2 Mr. Sim Samnang Deputy of RU

3 Mr. El Samnang Dep. Police Com

4 Mr. Tiv Kimpiseth PP Municipality

5 Mr. Sun Sokny MEF



8 Mr. Siv Taingchrin MEF

9 Mr. Norng Kuntheara MPWT


11 Mr. Yoeurn Sophal Redecam group

12 Mr. Noun Sophal IRC WG

13 Mr. Eam Ouk Boeng Kak II village

14 Mr. Rous Nin Village #23


16 Mr. Cheng Saran Redecam Group

17 Mrs. In Saphan Sangkat Srah Chork

18 Mr. So Meirunna Sangkat Beung Kak II

19 Mr. Sam Lim Heng Village Chief #9

20 Mr. Mang Em Village Chief #8

21 Mr. Kong Chea PP Police

22 Mr. Long Tith Village Chief #7

23 Mr. Rous Sothea Village Chief #12

24 Mr. Sean Sim Village Chief #21

25 Mr. Prum Buth Village Chief #17

26 Mr. Svay Pen Village Chief #14

27 Mr. Vuth Darith Boeng Kak I

28 Mr. Ek Khun Doeun Khan Daun Penh

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DMS process. Then, he has delegated the meeting session to Mr. Sim Samnang to tell the participations about the previous result achievement to local authorities. Mr. Sim Samnang, Deputy Director of RD/MEF, mentioned in general IRC WG was cooperated well with Phnom Penh Municipal RSC on conducting DMS in 3 Sangkats including Tuol Sangkae, Ruessei Kaev and Kilometer #6. He also added that before conducting DMS with AHs, IRC WG always invited them to attend public meeting for consultation. IRC WG already has done 2 meetings such as first meeting held in Sangkat Tuol Sangkae, second at Khan Ruessei Kaev. Today, I would like to talk more about beneficiary of the Railway project. In century 60, refer to railway documents reported that income from the railway approximately is 30% - 40% of GDP of Cambodian Government. It is the reason that we could not abandon it any more. If the railways are functioned well, so transportation by road will much reduce and the budget expend for road maintenant is also reduce. He also stated if there is no AZ Company to operate and maintenant on National Road #4, the road may destroy up to now. On the other hand, the railway project is not only for Cambodia internal use, but it will link with other countries in the Asian region. To reach the Asian destination, our railways still miss some parts from Bat Doeng to Long Ning (Vietnam Country). This parts will studied by Chinese engineer. Refer Prakas #6 issued by the RGC defines the following ROW for railway: 20m from the centerline for the city, provincial cities and populous place, 30m from the centerline for the railroad locates outside the city (rural area) and 100m from the centerline for the railroad locates in the mountain area where there are rocks falling or tall forests. He added most affected people are living in ROW and some people live on the Railroad. Even though, the project will not apply land law, because RGC has to compromise ADB policy and Cambodian land law. The project also concerns about livelihood and living condition of AHs. Today, we are starting to do DMS in Sangkat Srah Chak, Boeng Kak Muoy and Boeng Kak Pir. He also asked local authorities such as Khan, Sangkat and Village to involve with IRC WG and to spread out the meeting information to AHs. The important issues, AHs have to involve with IRC WG during conducting DMS and distribute leaflets to them by waiting at home. Referring to agreement between the RGC and ADB is decided to take COI only 3.5 meters from centerline. It means totally for both side are 7.0m. It is not meaning the remained land in ROW is belonging to people. The remained land is still the ROW of railway. He suggested that local authorities should inform local people to understand well about this. The affected people who their remained land enough for living, they can continue to live in ROW, but they just live for temporary only. Otherwise, if AHs are landless the project will provide a resident plot for them. He defined all structures constructed after December 2006, the project will not compensate. So local authorities have to know

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about that and have to control together with IRC WG because it already occurred in Poipet town. After public meeting peoples knew that the project will compensate to lose assets, so they start to construct new house in COI. To sump up, he suggested to all Sangkat and Village chiefs to consider on that issues to avoid any problem during the project implementation. Mrs. In Saphon, Deputy Chief of Sangkat Srah Chak reported about the project impact in her Sangkat as following: in Sangkat Srah Chak, there are 3 villages will be affected by the project. In Village Muoy is more than 20 affected households, in Village Pir the CACOIN Company was cleared already, but it is still small remained and Village Bei there are only 2 affected households. Mr. Vuth Darith, Chief of Sangkat Boeng Kak Muoy, told that the project will affect on 70 households only in the Sangkat. Mr. So Meth Runa, Deputy Chief of Sangkat Boeng Kak Pir, stated that 906 households will be affected by the project, but AP Amount will be reduced if the COI is taking place only 3.5 meter from centerline. Mr. Sun Sokny, MEF, informed to all participants about the work schedule of DMS activities. IRC WG will start conduct DMS on 24th August 2009 in Sangkat Boeng Kak Muoy. For other Sangkats the Team will inform later. He also asked to local authorities don’t separate a family book for affected peoples at the moment, because some people when they know the project will prove some assistances they split their household member into 2 or 3 households. Mr. Sun Sokny added that the compensation will pay in cash according to the different types of houses/structures. Mr. Tiv Kimpiseth, Deputy Chief of Phnom Penh Municipality Cabinet, reminded head of household, spouse or adult person who can make decision in the household have to wait IRC WG for conducting DMS. He also clarified that all affected people have to cooperate with IRC WG. In case they didn’t participate in DMS process, they will not get any compensation from the project. It is difficult when they start raise their problem to IRC, because all documents has been sent to the Government. He also added that the project is benefits for all Cambodian people, not only for local authorities or IRC. Ex. Chreang Sophan, Phnom Penh RSC Chairman, mentioned that in all assets have to be cleared in COI. Peoples should accept and move all their properties, because the Government needs to rehabilitate the railway for country development. When finishing DMS, IRC WG will prepare a report of DMS results and send it to MEF to request budget for compensation.

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IV. Meeting at Neak Kavoan pagoda on 31 August 2009 Name List of Committee Participation

On 31 August 2009, there was a meeting at Neak Kavoan Pagoda, in Sangkat Boeng Kak Pir, Khan Tuol Kouk and Phnom Penh City. The meeting participated by people who are living in ROW of railway where Government will implement the Project. There were 191 participants, comprising 28 from IRC, Consultant, IMO, PRSC 43 people from Sang Kat Boeng Kak Mouy, 114 from Sang Kat Boeng Kak Pir (both Sangkats are in Khan Tuol Kouk) and 6 people from Sangkat Sras Chak in Khan Doun Penh. The meeting started at 8:30 am and finished at 10:00 am. Detailed meeting information is described as follow:

An honor opens remark by Mr. SIM

SAMNANG, deputy director of Resettlement Department of Ministry of Economic and Finance, and of Mr. LY BOREN, deputy general director of Royal Railway of Cambodia. At the beginning, Mr. PICH KEOMONY, vice governor of Khan Tuol Kok, said the meeting is related to the GMS Rehabilitation of the Railway in Cambodia Project, Singapore- Kunming. The meeting is involving with only two khans/districts.

1. Khan Doun Penh, there is only one Sangkat/commune will be affected by the project. It is Sangkat Sras Chok

2. Khan Tuol Kouk, there is three sangkats will be affected by the project. They are Sangkat Boeng Kak Muoy, Sangkat Boeng Kak Pir and Sangkat Tuek L’ak Mouy.

# Name Role

1 Mr. Sim Samnang Deputy director of RD

2 Mr. Ly Borin RRC

3 Mr. Sun Sokny MEF




7 Mr. Vath Sareth Sangkat Boeng Kak II

8 Mr. Try Van Thok IRC WG



11 Mr. Eam Ouk Village Chief #22


13 Mr. Chheang Sokhan MEF


15 Mr. Kean Ky MLUMP

16 Mr. Chan Rith MLUMP

17 Mr. Puth Kimoarn Khan Tuol Kouk

18 Mr. Mum Thaneth LA

19 Mr. Nov Pheaktra SBK II representative

20 Mr. Kong Chea Police, PP

21 Mr. Seak Song Municipality

22 Mr. Heing Korn Khan Tuol Kouk

23 Mr. Rous Sothea Village Chief #12

24 Mr. Prum Buth Village Chief #17

25 Mr. Svay Pun Village Chief #14

26 Mr. Tep Rousamon Village Chief #15

27 Mr. Yeurn Sophal IMO, Redecam group

28 Mr. Cheng Sarann IMO, Redecam group

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According to the survey from three sangkats of Khan Tuol Kouk, there are 1,478

households with 1,172 houses are staying in the ROW. At the moment, Royal

Government of Cambodia, Donor, as well as Ministry of Economic and Finance are not

going to clear all ROW, although the Prakas Nº 6 states that ROW of the railway within

the city is 20 meters from center line. In reality, Government now does not have enough

investment capital to achieve that goal; therefore, we are going to clear only 3.5 meters

from center line for COI. After that, he gives the floor to the technical officers to explain

more about the technical issues.

Mr. LY BOREN, deputy director general of Royal Railway of Cambodia, said to the

participants as well as the meet that our railways are being in very bad condition, so

RGC has decided to rehabilitate. Because of the project budget demanding is too large,

which lead the Government to find a partner to develop the project. The project extent

is not only within Cambodia, but also connects to ASEAN countries. The Prime Minister

of Malaysia was chaired in project discussion which three countries have raised their

projects at the meeting. Those countries were:

- Cambodia raised one project,

- Laos raised two projects, and

- Myanmar raised two projects.

At finally Cambodia project was decided to rehabilitate, so ASEAN railway will connect

from Singapor to Kunming/China through Cambodia. To crosses Cambodia, the railway

will have its length about 5,500 kilometers. In case the railway crosses Laos it will take

about 3,000 meters long only, but the project budget is 3 times higher than the

Cambodia project. Furthermore, according to the survey showed that the way across

Cambodia is more beneficial as result of crossing Kompong Cham Province, which is full

of rubbers, and other minerals.

Currently, Government gets Asia Development Bank (ADB) as a development partner,

which is providing a loan to Cambodia for the project, which increased from 71 million

US Dollars in the past to 150 million US Dollar at the present. Benefits of Cambodia

Railway Project are:

- Connecting from Phnom Penh city to Poipet (border of Cambodia-Thailand);

- Connecting from Phnom Penh city to Sihanouk Province (International sea port);

- Connecting from Phnom Penh to Tonle Sab River. He also informed to the participants that at the moment IRC WG will conduct DMS only 3.5 meters in each side of railroad, in total 7 meters for both sides for the railroad construction/rehabilitation. Thus, please do not confuse that remaining land in ROW is your ownership. In fact, it is still the ROW of railway – meaning to say in the urban area, there are 20 meters from the railway center line as stated in Prakas Nº 6. One more

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thing to inform to the public that compensation for the affected properties is under the Government responsibility. Mr. LY Boren added that there are two most complicated areas for the project impact compensation, which are Poipet town and Phnom Penh city. Mr. SIM Samnang has welcomed to local authorities as well as local people who have presented at the meeting. He continued that IRC WG has organized such meeting in Sangkat Tuol Sangkae, Sangkat Ruessei Kaev, Sangkat Kiloumaetr and Lekh Prammuoy. Now he would like to inform participants about compensation of property loss and project benefits. In fact, Cambodia Railway has been abandoned without any activity since 1975. However, it was the busiest means of transportation within South East Asia during 1960s, which could earn about 30 – 40 percent of National GDP. For what reason, that it was leaved? In that Cambodia Government does not have enough money to do it and another reason is a civil war in Cambodia. He would like to inform people that if Government can not get income from the railway, it means that people also loss the income. If our railway is in a good condition and can serve for transportation, so it also can relief road traffic and our roads are also in the better condition, which will be spent less for repairing/maintenant. It means Government can earn some moneys for using to other purposes that can benefit to Cambodia economic growth. In short, the project is very useful to Cambodia country that is why Government asks for loan from others. As you have known, Samdach HUN SEN has launched the construction work since February 2008 and why does it not work up to now? The reason is related to Bank condition that takes time for negotiation. He also added according to Prakas Nº 06, which is established since 1999 stated that ROW of railway within urban area is 20 meters from center line in total 40 meters for both sides. Even so, refer to Present Cambodia Economic situation, Government and ADB realized that is very difficult to clear all in ROW for 40 meters, thus Government decided to clear only 3.5 meters for COI. IRC have established a cut off date is June 2006. Eligible AHs, who are using or settling in ROW before the cut off date, will receive the compensation and other allowance from the project. In contrast, who are used or settling after cut off date will not receive any supporting from the project. Mr. SIM Samnang informed people that the compensation rate for lose assets is at replacement cost which is reflecting to market price. It is to insure that AHs have enough money to reinstate their lose assets. Question and answer:

Q1. Mr. Sin Tam, lives in Sangkat Boeng Kak Mouy, asked that how many meters are going to clear in the first step. What about in next step, how many meters and when?

Q2. Mr. Duong Sarat asked that along both sides of new railway, will the project make a concrete road access? If his house is decayed, can he repair it? He also requested to IRC for in next step to increase the price of land use in ROW higher than 0.5$/m2.

Q3. Mr. SA Heng has been living here since 1989 and his house is 3.2 meters long and will affect 0.7 meters. The remained house is only 2.5 meters long, so he cannot live in the house. What is compensation for me in cash or in kind?

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Q4. Through the meeting Mrs. You Kaem Chuon has requested to Samdach HUN Sen please to provide a concrete flat or 8000$ for each affected household.

Q5. Mr. Rath Sophea rised that he has been living on his land since 1989 and the project will not acquire all his land. The question is he could continue to live on his remained land? What about people who are landless?

Answers

Response to question #1: Mr. SIM Samnang answered to Mr. Sin Tam who lives in village 14 Sangkat Boeng Kak Mouy that at this moment project need only about 3.5 meters, but in the next step I’m not sure about how long of COI and when it will start. It should be noticed that 20 meters from the center line is still ROW of railway. And you still consider as temporary living, you will not get ownership on the land.

Response to question #2: Mr. LY Boren answered to Mr. Duong Sarat that the project will take 3.5 meters to reserve for equipments in work construction and make a slope by paving, but not concrete road. He responded to next question that if you want to repair your house you can do it, but it should outside of COI and you cannot construct a concrete house. Moreover, you can live in temporary on remaining land in ROW. Added more by Mr. Sim Samnang about the price 0.5$/m2, he explained that compensation of 0.5$/m2 is not paid for the land in ROW, but it is assisted to farmers who used the land in ROW for farming and will lose the cultivated land.

Response to question #3: Mr. Sim Samnang responded that in case AHs doesn’t have enough land to live or they are landless, Government will provide a house plot for them. He suggested to people to honestly report to IRC WG because some people could have other house in other place.

Response to question #4: Mr. Pich Keo Mony answered that first is to clear for COI only about 3.5 meters and compensation is made according to lose assets which affect by the project. If your house, for example, cost 1000$, then you will be paid in the same price. Moreover, if it affects your trees, you will be paid in the market price. He has raised a question that “what is the public state land and private state land?” Meanwhile, he has explained to all participants that the public state land is included ROW, lake, river, forest, etc. No matter how long you have occupied those lands, it stills the public state land. You can not offer ownership on it and you will be guilty. However, laws were established by people and people have emotion, that’s why Government has some assistance to AHs who are settling in ROW. Achievements of the meeting IRC WG and PRSC will conduct DMS in Sangkat Boeng Kak Pir at 2:00 pm on August 31st, 2009. Local Authorities (Mondul, Sangkat and Khan) have to involve in DMS conducting with IRC WG and PRSC in term of effectiveness, equity, achieves the goals and accomplish on time of the project schedule.

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V. Meeting at Sangkat Samroang Kroam center on 22 September 2009

On 22 September 2009, there was a meeting at Sangkat Samroang Kroam center, in Khan Dangkoa and Phnom Penh City. In the meeting, there were 186 participants, comprising 37 from IRC, Consultant, IMO, PPRSC and 149 AHs from Sangkat Samroang Kroam. The meeting started at 8:30 am and finished at 10:30 am. Detailed meeting information is described as follow:

Opening Remark by Mr. Kith Sopha, Deputy Governor of Khan Dangkao, greeted respectfully to all the delegations and project affected people participated in the meeting. In this occasion, he stated, we invited all of you to participate in this morning is to discuss and find solutions, to spread out the principles of IRC and demonstrate about solving procedures for AHs. In addition to this, he also reported in Sangkat Samraong Kraom, there are 3 villages will be affected by the Project. Those are: Tekkhabpanhnhao, Samraong Kraom and Chaeng Maeng Village In the three villages of Sangkat

Samraong Kraom, there are 233 affected households and about 93.5 hectares of affected land. In Sangkat Kakap, there are 4.5 hectares of affected land. Moreover, he also clarified that, if people have any questioning, please ask Excellencies to clarify.

Name List of Committee Participation: # Name Role

1 Chreang Sophann PP, PRSC Chairman

2 H.E Nhean Leng IRC Chairman

3 Mr. Sim Samnang Deputy director of RD

4 Mr. Kith Sopha Khan Dangkoa

5 Mr. Sun Sokny MEF, IRC

6 Mr. Yen Sophoan MEF, IRC

7 Mr. Keut Chhay Vice general cabinet, PP

8 Mr. Chan Samleng Director of the Project

9 Mr. Nhean Bona Redecam, IMO

10 Mr. Chan Rithy Sub committee, PP

11 Chheang Chhor Lin Team Leader, IRC WG

12 Mrs. Ouch Sokha Social Safeguard, ADB

13 Mr. Kean Ky Sub committee, PP






19 Mr. Khun Srun IRC WG, MPWT

20 Mr. Chea Sarin Resettlement Consultant

21 Mr. Pich Keomony Khan Tuol Kouk

22 Mr. Say Chak S/K Samroang Kroam

23 Mr. Leung Chhum Sre Reachak Village Chi

24 Mr. Yann Yorn Kauk Pich village chief

25 Mr. Teng Suy Trapaing Thnong village

26 Mr. Phan Phoan Cheing Meing village Ch

27 Mr. Men Penh Cheing Meing village Ch

28 Mr. Tiv Hay Village chief of Ta Orn

29 Sdeung Roeung Chamkar Seang village

30 Mr. Both Bo Te Kak Panhao village C

31 Mr. Chea Sovann Te Kak Panhao village C

32 Mr. Yann Yun S/K Samroang Kroam

33 Mr. Touch Phy S/K Samroang Kroam

34 Mr. Hay Sokhim Clerk

35 Mr. Cheng Chin Commune Council

36 Mr. Seak Song Phnom Penh City

37 Mr. Noun Samarth IRC, IRC WG

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Excellency Chreang Sophan, Deputy Governor of Phnom Penh municipality and PRSC

chairman, addressed that according to the MEF guidance and other official letters related to Samraong station development, we invited all of you to gather here to hear about the development project under ADB loan which Ministry of Economic and Finance will respond for resettlement plan implementation by make compensation to all AHs. In the Project, there are 233 affected households, who are staying in the COI, are about 50% of the population in the villages. As we have known that in 2005, Governor of Phnom Penh municipality released an official letter to local authorities of Khan Dangkao to announce to all people, who are living at Samraong station, that reserved land for the station is about 86 hectares. Therefore, compensation for project impact is not deciding by MEF or Governor of Phnom Penh municipality. The compensation rates will be based on the replace cost study results which reflection at market price and states in Samraong station RP. Excellency added that he hoped all people will participate and tolerate to the project implementation. For Phnom Penh city, IRC WG has already conducted DMS in Khan Ruessei Kaev, Tuol Kouk and Sen Sok. Now, IRC WG will conduct DMS in Khan Dangkao where will included all of you living on the 86 hectares of reserved land for the station. Excellency Nhean Leng, Undersecretary State of MEF and IRC Chairman, after greeted respectfully to all participants, he addressed as follows: in general, transportation means are by water, route, railway and airway. Among them, transportation by water is the only one mean which is most capacity for cargo loading and the second is transportation by railway. Because of Civil War in Cambodia, Both railway lines (southern and northern line section), were severely destroyed. Especially in northern line section, railway was lost about 48km in length from Banteay Mean Chey to Poipet town. During the Civil War period, we could not control our railway, so at that time speculators removed the railroad in battlefield section to sell illegally. For example: before 1979 at Odongk and Amleang area, some people took railroad for using in other purposes. His Excellency also remarked that the railway section from Phnom Penh to Poipet was constructed since French colony between 1926 and 1929. The construction work took about 10 years to complete. Then, from 1960 to 1965, it was constructed a railway from Phnom Penh to Sihanouk port (sea port), the construction work took nearly one decade to finish. In total of Cambodia railway is about 575 km, comprising 243 km in southern and 332 in northern. Thereafter, His Excellency stated that nowadays our train can run only 30km/h. From Phnom Penh to Battambang we spent previously about 3 or 4 hours to reach there, but now we need to spend a whole day. If we look at to our neighbor countries, we see they are prospered in development. The countries have good potential for economic growth because they have effective transportation network such as railways, water way, national roads since they didn’t have any war or conflict. Railways in our country cross 10 provinces including Phnom Penh city, 27 Khan/districts, and 79 Sangkat/communes. In Phnom Penh, the railways cross 7 Khans, 19 Sangkats.

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Sum up, many households were affected by the project. His Excellency spoke more that the project has started from 2005 up to now 2009, it has been 4 years. Opening ceremony of construction site was on 18 February 2008 and a selection contractor process was done too. RGC has no possibility to funding the project thereby Government need to take loan from ADB and to make the privatization mechanism which means let a private company to manage railways in 30 years time, comprising 5 years for construction work and other 25 years for railway operation. He also added that elder generation, who has been lived in the area, known well about the station history with its appearance is similar to “V” alphabet. To clarify all doubts and worries of AHs, His Excellency raised some points as follow: - Samraong station land is about 103 hectares. According to independent consultant observation estimated that 231 households, with population 1,730 in average 5 persons a household, have occupied and settled on the land. The station land includes 68.4 ha (78.69%) of cultivating land (rice farming and water melon cultivation), 16.32 ha (18.77%) of residential land, 2.214 ha (2.54%) of commercial land. Refer to the statistic getting from survey of RRG, LA and local people, shows that 62 structures are total affected by the project, comprising 56 houses and 6 stalls. - To make compensation for loss assets it is based on DMS results. Compensation rates for the land were already studied. Not only that, Phnom Penh municipality also released a notification No. 41 issued on date 15 February 2005 in order to inform people about reserved land for Samraong station development in future. He mentioned that the Samraong station is a important station for both railways in southern and northern. Therefore, it needs to set up the station as stores for cargo transferring and administrative center. Contractor will take responsibility for construction work and responsibility of IRC is to make compensation for AHs. - His Excellency addressed some rich and high rank men asked other people to buy the land instate of them in purpose for speculation (get benefit from the project). Thus, to prevent the speculation Phnom Penh municipality released the letter No. 41. ADB consultant has conducted a study on the project impact and agreed to compensate the land with the land price in year 2005. IRC have already tabulated with the precise land price in 2005 and 2009. On behalf of RGC we have obligated to meet all AHs and would like to know about people idea, and after the public consultation we will decide which compensation rate should be taken for applying. - H.E also indicated that among affected land in the area, cultivated land is the largest land up to 68.14 hectares if comparing to 86 hectares of total affected land. So other type lands are less than 20 hectares. In the past, we were lack of food so that LA divided the land to people for cultivating. This is a reason that cultivated land is largest in the area. Even though people who are living here or outside the affected area, but they have land in COI will receive compensation. However, please do not forget in article 16, 17 and 256 of land law, particular article #16 states “State public property is inalienable and

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ownership of those properties is not subject to prescription”. No matter what has happened on the lands, those lands are still state property. At the present for the land acquisition, Government do not enforce strictly by the land law. Government still makes negotiation with AHs by ADB policy and investigations in the chronological history of people land occupation in the area. At the end, His Excellency suggested that if whoever doubt on anything, kindly refer to the policy book which available at which commune center is near by your resident. Mr. Ly Borin, Director of roads, bridges department of RRC, expressed that nowadays the railroad in Cambodia is seriously damaged. Train speed is less than 10km per hour, so that reason the Government decided to find a partnership for the project is ADB. The railway section will be rehabilitated as follow:

1. Rehabilitation railway section from Phnom Penh to Sisophon and from Sisophon to Poipet. In the section of Sisophon-Poipet (missing link) has been cut off and not in used since Lun Nol time. Malaysia granted used railroads to us for connecting the missing link section;

2. Rehabilitation from Phnom Penh to Sihanoukville port; The project is very important because it is the national and regional project. The railway will connect from Asia to Europe (Singapore-Malaysia-Thailand-Cambodia-Vietnam-China-Europe-Turkey). In Cambodia section, the railway will connect from Poipet to Bat Doeng to Vietnam. When the whole project is completed construction, it means 28 countries are connected together by the railway. So the economic is huge growth by the project. Government or China had granted about one million USD for TA to study the new railway line from Bat Doeng to Vietnam. For the second step, Government of China provided 20 million Yuan, which is equal to about 3million USD in estimate. He added that Samraong station is biggest one of our rail station in Cambodia, it means bigger than Phnom Pen station. Only passenger train will go to Phnom Penh station, otherwise all cargo will be transfer at Samraong station. So that, Government decided to rehabilitate the station in priority. Question from the people:

Q1. Mr. Kuoy Sok, who lives in Samraong village, Sangkat Samraong Kraom, asked that if the project will take 50m in front and 50m at backside so he has no land any more. How the project will help him? Why compensation rate is took between 2005 and 2009? Please clarify clearly.

Q2. Mr. Hang Chhin, who lives in Tekkhabpanhnhao village, Sangkat Samraong Kraom, said that IRC will pay 9.75 USD/m2 for his land. Can IRC increase more compensation rate?

Q3. Mrs. Say Sarom, lives in Samraong village, reported her land is far from the station about 50m and it is a commercial land. If Government paid 9.75 USD/m2 follow the price in 2005, how can she buy another residential land? She confirmed for this point she feels so worry when heard that.

Q4. Mrs. Chea Savang, lives in Samraong village, said that she occupies the plot #92 since 1987 and cultivates fruit trees. If the project will affect on my trees and fence,

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what will the project compensate to me? For example: Mongo tree took time about 5 years to get fruit.

Q5. Mr. Ry Proeung, lives in Tekkhabpanhnhao village, stated where he is living today, it has electricity and very convenient. He remarked he will leave without any objection if the compensation amount is enough to buy same quality land at another place.

Q6. Mr. Sopha, lives in Tekkhabpanhnhao village, said farming rice on 2 ha is the main source for his house income. With the compensation rate 9.75$US/m2 he could not to buy another land for replacing his affected land, because the land price near by is between 20 and 30 USD/m2. Answer:

Mr. Sim Samnang, Deputy director of resettlement department of MEF, responded this morning we discuss only land compensation in Samraong station. Another affected land is not in the topic to discuss. He remarked all 6 raised questions are concerned about the low compensation rate for affected land. He clarified that the railway rehabilitation project will conduct by following the old plan since 60s. Because of Government does not have enough budgets, there’s no any development in the station. Right now, Government got a loan from ADB to develop the Samraong Station. Government will compensate for affected land following policy which has states in Samraong RP. Government will not confiscate your land for the developing project. Article #5 of land law states “No person may be deprived of his ownership, unless it is in the public interest. An ownership deprivation shall be carried out in accordance with the forms and procedures provided by law and regulations and after the payment of fair and just compensation in advance”. He reminded the land in Samraong station is the state public property which has inventoried as RRC property since 1960. All affected land (commercial, orchard or rice field) was bought/occupied before 2005 will be compensated with 2.75 $/m2 (land price at 2005) it is not 9.75 $/m2. AHs, who have their residence in other place, will receive compensation with 2.75 $/m2, because they bought the land for speculating land price from the project. In contrast AHs, who have their residence here before 2005, will receive compensation with $9.75/m2 according to payment policy. Moreover for relocated people, the project will provide them 2 options:

- They can get cash compensation for their structure and receive one residential plot in Khan Dangkao with surface 300 m2.

- Otherwise, they can get cash compensation for their structure, plus $10,000 to buy one residential plot with surface 300 m2 elsewhere they would like. The compensation amount is also included the cost for other infrastructures such as toile, well, etc. All compensation rates were set up by independent agency that has conducted RCS. It is set up by neither IRC/Government nor LA.

His Excellency Nhean Leng elucidated that Government didn’t confiscate any people property. Since previously, the affected land belongs to RRC so please reconsider. He confirmed that AHs will also receive compensation for their lost tree or crop.

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VI. Meeting at Khan Sen Sok center on 29 September 2009

On 29 September 2009, there was a meeting at Khan Sen SOk Governor Hall, Phnom Penh City. In the meeting, there were 66 participants, comprising 16 from IRC, Consultant, IMO, PPRSC and 50 AHs from Sangkat Phnom Penh Thmei. The meeting started at 2:30 pm and finished at 4:00 pm. The detailed meeting information is described as follow: Mr. Tiev Sam Oeun, Deputy Governor

of Khan Sen Sok, welcomed to participants in the meeting. He raised the meeting today is discussed on railway project which will be rehabilitated as soon. To clarify the issues, he would like to invite IRC to explain more. Mr. Chheang Chhor Lin, Team leader of IRC WG, mentioned briefly about the project background to the meeting. He said the rehabilitated railway project from Singapore-Kunming will be financed USD 73 million from other donors such as ADB, Malaysia, OPEC and contribution budget from RGC. He added the railway construction has divided into:

- Southern Line is included Phnom Penh City, Kandal, Kompong Speu, Takeo, Kompot, and Sihanoukville province.

- Northern Line is included Kampong Chhnang, Pursat, Battambang and Banteay Mean Chey province.

In total, there are 10 provinces. So far, IRC WG has finished DMS conducting in 8 provinces and continuing in Phnom Penh City, except in Kandal province where will be conducted DMS later on. He reported yesterday Government had a meeting with Thai

Name List of Committee Participation:

# Name Role

1 Mr. Teav Sam Oeun Khan Sen Sok

2 Mr. Chheang Chhor Lin IRC WG

3 Mr. Kean Ky PP RSC

4 Mr. Try Vanthok IRC

5 Mr. Em Seng IRC

6 Mr. Veth Sokhara IRC




10 Mr. Yoeurn Sophal Redecam

11 Mr. Cheng Sarann Redecam

12 Mr. Kong Sambo Sangkat PP Thmei

13 Mr. Chan Kuntheat Sangkat PP Thmei

14 Mr. Chan Rithy PP RSC

15 Mr. Youk Chan Phirum Municipality PP

16 Mr. Mum Thaneth DLUMP

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party to discuss about connection of Cambodia-Thailand railway through Poipet. He added that if the railway construction completed so it will reduce transportation by road and transportation cost is cheaper. According to the various benefits of the railway, RGC has loaned from ADB to rehabilitate the railways. Mr. Chheang Chhor Lin announced to participants about declaration #6 dated on 27th September 1999 as follow:

- Both sides from the axis of the way are limited to 20 m for city, provincial town and urban area. So, local authorities will not allow anybody to construct permanent structure in the ROW.

- Both sides from the axis of the way are limited to 30 m for the way outside the City, if people want to construct any structure, please ask permission from District Land Cadastral Office.

- Both sides from the axis of the road are limited to 100 m for the way in the forest and mountainous area with the sliding down rock or in the high wood area.

He also informed to people about COI, which was agreed by ADB and RGC, will take

only 3.5m for each side. Therefore people are living out side of the COI they can

continue to live there. But remember that those people are living in ROW which is a

state land. There are 3 points that RGC has agreed with ADB:

- 1st step: Government has to compensate for affected assets before starting the project construction. The affected assets could be houses, land, fence, tree and other. After DMS result analysis, IRC will report to ADB and RGC. Independent Agency also will be employed to conduct a RCS for set up the compensation rates and combine it in RP for implementation;

- 2nd step: It is a stage of negotiation and contract making and payment to AHs;

- The last stage, AHs have to relocate all affected properties from COI. On the other hand, in accordance to the policy which was agreed by ADB and RGC, every AP is landless will receive a residential plot which is providing by the project. But in Sangkat Phnom Penh Thmei, no AP is landless. Besides on compensation for lose assets, the project will provide other allowances such as disruption and vulnerable group. Question:

Q1. Mrs. Lim Sona asked IRC to identify which area ROW will take place 20m or 30m?

Q2. Mrs. Long Chhin asked how many meter do COI will take place?

Q3. Mrs. Mang Sinat: her structure was built since 1981, how will the project compensate?

Q4. Mrs. Suon Kang raised her land plot is 60 m length. If ROW takes 30 m, so can she get compensation for the lose 30m?

Q5. Mr. Yun Phana: his house was built since 1991 and now it is decayed. So can he repair it?

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Q6. Mrs. Pao Phally asked IRC that ROW will take 20m in each side for urban area and provincial town. But LMAP (Land Management and Administration Project) takes 30m in each side for ROW in urban area. Is it right or not?

Q7. Mr. Phan Vannak: if the COI will take 3.5m, it means the project will take their daily access road. How can they travel?

Q8. Mrs. Yann Viphearath: if the provide a residential plot for affected landless household, where is the relocation site? How far from here?

Answer:

Response to Q1: Mr. Chheang Chhor Lin responded the urban area was identified where is crowded people are living. For Phnom Penh section, urban area was limited from Phnom Penh Center to Samraong station and ROW is 20m. Outside urban area was identified where is less habitant and only rice field. ROW in the area will take 30m and 100m for mountainous area.

Response to Q2: He continued that for the first stage COI will take place 3.5m in each side, for both road-sides is 7.0m. You will receive compensation for lose assets in COI with replacement cost.

Response to Q3: all affected properties in COI will be compensated as set in RP. The compensation will be follow to affected property types. In the second stage you will know how much compensation amount is?

Response to Q4: Firstly the project will take only 3.5meter, so ROW 30meter will be later. But remember that ROW is state land.

Response to Q5: it’s a responsibility of local authority. All construction should have a legal approval from local authority. Mr. Chheang Chhor Line added “in my own prospecting you can repair it for temporary, but it is not to construct permanent or big structure.

Response to Q6: He clarified that he cannot answer to the question, but he will take it to account for IRC meeting and will reply through Deputy Governor of Khan Sen Sok.

Response to Q7: He responded that after the project construction people will have a better road access and they can use it as usual.

Response to Q8: Mr. Chheang Chhor Lin answered there are two options that AP can chose:

- 1st option: AHs can take compensation in cash and buy land by themselves. The compensation rate will be studied by independent agency and approve by ADB and RGC.

- Second option: IRC will select a resettlement site as Phnom Penh Municipality did. On the site, will be ready for the infrastructure like access road, toilet and electricity, closes to school and hospital. For affected structures by the project will be compensated. Not only that, the project will provide to AP a disruption allowance and transportation cost for their relocation.

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VII. Meeting at Governor Hall of Kandal province on 02 October 2009

On 2nd October 2009, there was a meeting at Governor Hall of Kandal province. In the meeting, there were 40 participants coming from IRC, Consultant, IMO, Kandal RSC and local authorities such as district, commune and village. The meeting started at 3:00 pm and finished at 4:30 pm. The detailed meeting information is described as follow:

In opening remarks, Mr. Noun Pha,

Director DEF and Deputy Chairman

of Kandal RSC, is welcomed to all honor guests, H.E Nhean Leng,

Under secretary state of MEF and

IRC Chairman, and all relevant stakeholders attended in the meeting. He is stressed that meeting today is very important for all relevant stakeholders to discuss on impact of Railway rehabilitation in Cambodia project, Singapore – Kunming. The project is new for Kandal RSC because at previous time there were rehabilitated only Canals, Roads and other infrastructures, excluded railway. The project is a Government Development Plan therefore LA has to good cooperate with IRC WG and to help IRC to solve some difficulties in conducting DMS.

Name List of Committee Participation: # Name Role

1 H.E Nhean Leng IRC Chairman

2 Mr. Ly Borin Deputy Gen. Dir. RRC

3 Mr. Sim Samnang Deputy Director of RD

4 Mr. Noun Sopha DEF Director, Kandal Prov.

5 Mr. Sun Sokny MEF

6 Mr. Chan Samleng Executive Dir. of RRC

7 Mr. Nheouk Chivuth N/A

8 T YOSHIKAWA Consultant/Railway Project

9 Mr. Nhean Bona IMO/Redecam Group

10 Mr. To Sivmei Ponnhea Leu District Gov.

11 Mr. Chay Sobin Kandal Stoeng Distr. Gov.

12 Mr. Klouk Sokun Kandal Stoeng

13 Mr. Ek Chhorn Head of district office

14 Mr. Chea Chanthorn N/A

15 Mr. Meas Soeun N/A

16 Mr. Chan Sokheng Deputy of DLUMP

17 Mr. Chea Vanna DLUMP staff

18 Mr. Sok Song Kandal Province

19 Mr. Khen Sovathara MEF

20 Mr. Pheng Keo MEF

21 Vong Chansopheak MEF


23 Mr. Men Say Angsnoul Deputy Gov.

24 Mr. Sea Eav Snao Commune Chief

25 Mr. Dominuque Dufies TSO

26 Mr. Chan Savoeun Dep. of Police Commander

27 Mr. Oun Reaksmei N/A

28 Mr. Yun Sokhum Toul Pich Commune Chief

29 Mr. Moeun Oun Boeung Thom Com. Chief

30 Mr. Try Vanthok IRC

31 Mr. Douch Sarom Makak Commune Chief

32 Mr. Se Hak PM comma. Ponnhea Leu

33 Mr. Chun Vanney PM comma. Kandal Stung

34 Mr. Sao Sokunthea PM Kandal Stung

35 Mr. Tim Savuth Inspector of Ponhea Leu

36 Mr. Seth Phoeun Vehear Loung Commune

37 Mr. Nhim Chan Psha Dek Commune Chief

38 Mr. Chan Hon Kampong Loung Com.

39 Mr. Sok Phirum PM commander, Angsnoul

40 Mr. Tith Polin MEF

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H.E Nhean Leng stated that Kandal Province is one among 10 provinces covered by the project. IRC WG and PRSC have worked hard on the project since 2006 up to present. He also described about the project background as follow: in August 2003, the project was discussed in Asian meeting, called Asian Mekong Sub Region. In that time this project was yet formulated, it’s just called S-K-R-L (Singapore, Kunming railway). The project construction implementation was opened ceremony on 18 February 2009 by Prime Minister Samdech Hun Sen in Banteay Mean Chey province. His Excellency added DMS was started in Northern Line section from Kampong Chhnang station until Poipet town. Along the railway section, there are 35 stations with distance is 385 kilometers from Phnom Penh to Poipet. The railroad was constructed in 1931. It was damaged during Cambodia Civil War, especially in missing link section it starts from Toeuk Thla to Poipet town with distance about 42 kilometers the railroad was total removed by local people take it for selling or using. Because of good cooperation between IRC WG and Provincial Resettlement Subcommittee, DMS was completely done in Northern Line section. So in the section, Constructer can start construction work at anywhere, except 6 kilometers near Poipet town that IRC still yet relocate AHs due to:

- This time is rainy season

- Disruption period on their livelihood. Contractor should have clearly construction schedule to be easy for preparing AP relocation to resettlement site that has been prepared on land about 12 hectares.

He also reported total AHs by the project is:

- 58 households in Kampong Chhnang Province;

- 227 households in Pursat Province;

- 362 households in Battambang Province; and

- 518 households in Banteay Mean Chey Province, excluding Poipet town. The primary work is to clear in COI and make compensation for AHs. He also informed about Declaration #06 dated in September 1999 states ROW of railway for urban area is 20 m in each side, it means in total 40 m (for both side), and out of urban area is 30 m for one side and at remote area (mountain) is 100 m for one side. He’s also raised two main issues that cause people to live in ROW:

- Security issue;

- Easy for traveling and getting income (more possibility for economic activities). Refer to Cambodia Land Law, people are settled in ROW they are illegal living. They will not receive any compensation and will get penalty. However, based on ADB policy, RGC has to provide compensation to AHs even if they are illegal settled. Southern Line section, it included Phnom Penh Municipality, Kandal, Kampong Speu,Takeo, Kampot and Sihanoukville province. The railroad was constructed in year 1960 (30 years after the Northern Line section) with distance is 271 kilometers. There are 30 stations along the railroad section. The railway crosses many provinces, but the most complicated province for resettlement is Sihanoukville and Kandal province. In

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Kandal province the project will affect on 3 districts such as Angsnoul, Punhea Leu and Kandal Stung district. For affected asset compensation is not equal to buying-selling price at the moment because they are illegal lived hear. The project principle will compensate to AHs based on price at pre-project. The compensation is based on donor principle, it is not based on what people/IRC want. If new railway, for example: railway from Bak Doeng to Memuth in Kampong Cham Province, affected land will be compensated base on current market price. He mentioned Kandal Province will get much benefit from the railway project because it is a junction between Northern and Southern Line. RGC has not enough budgets to rehabilitate Cambodia railways so Government takes a loan from:

- 42 million USD is loaned from ADB loan;

- Malaysia Government provided second rail iron costs about 2.8 million USD;

- OPEC finances 13 million USD;

- Royal Government of Cambodia contributes 18.2 million USD. Royal Government of Cambodia will refund back to ADB in period 32 years with having a favorable time for 8 years and to OPEC in period 20 years with having a favorable time for 5 years. After completed clearing in COI, Contractor (Toll Holding Company) will start construction work and operate on the railways. Mr. Ly Borin, Deputy General Director of RRC, mentioned it is difficult to get investment for railway sector, so Government decided to take loan from ADB. Refer to ADB condition, the railways has to be leased to private sector for operation thereby Government can reimburse the loan to ADB. Even so Government wills response for overall railway management, therefore don’t confuse that Government have sold railways to private company. The project extent is not only within Cambodia, but also connects to ASEAN countries from Singapore to Kunming/China. Relate to the project, there are three countries have competed by raising their own option. Those countries were:

- Cambodia raised one project (Thailand-Cambodia),

- Laos raised two projects, and

- Myanmar raised two projects. At the end, Cambodia project was selected to implement, so ASEAN railway will connect from Singapor to Kunming/China through Cambodia. To crosses Cambodia, the railway will have its length about 5,000 kilometers. In case the railway crosses Laos it will take about 3,000 meters long only, but project expending will be 3 times higher than the Cambodia project. In railway section from Cambodia to Viet Nam, Government of PRC financed is 1 million USD for the project study that was finished already. At present, the Government of PRC was contributed more than 2 million USD for the project details studied. In Viet Name section there is railroad already, so the railway will connect from Cambodia to Vietnam

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after finishing railroad construction from Bak Deung to Vietnam boarder with distance is 250 kilometers. If the railway section is constructed, it means 28 countries will connect together thereby. He also talked around resettlement implementation process of the railway project. The COI will take only 3.5 m from the axes of railroad in each side, so in total for both sides is 7.0m. Mr. Sim Samnang, Deputy Director of Resettlement Department/MEF, mentioned that according to ADB guideline IRC has done a Resettlement Plan in 2006, but the RP was not so detailed. It included from Sihanoukville to Poipet town through Phnom Penh and there is 2,626 AHs in total. He said even thought in Kandal province there is not much affected people by the project, but ADB guideline has to be apply for the project. He also added that any activities of the project implementation have to participate from local authorities because LA is always stayed closely with local people, especially a Commune and Village Chief. At that time, he suggested to Contractor to set up a clear construction work schedule. It is easier for IRC to make compensation payment for AHs and to clear COI. The Contractor has to start their work as soon as possible when COI was cleared. They could not delay their schedule because AHs may come back to stay in clearing COI again. Mr. Chay Sobin, Governor of Kandal Stung District, reported that in Kandal Stung district the project will affect on 3 communes such as Deum Reus, Trapaing Veng and Tbaeng Commune, but the impact project is not numerous. Mr. Men Say, Deputy Governor of Ang Snoul District, reported that in Ang Snoul district 3 communes will be affected by the project, those communes are Mkak, Samraong and Snao commune. Mr. Tong Siv Mei, Governor of Punhea Leu District, reported that in Punhea Leu district only one Commune will be affected by the project. Mrs. Dufieux Dominique, procurement / logistic Manager of TSO (Cambodia)

company, stated that the construction work schedule was done completed and submitted to MPWT. The construction work will start first in southern line section from Phnom Penh to Sihanouk province. Mr. Nheuk Chiravuth, local advisor of Nippon Koi company and a consutant

supervision of the construction project, said that now contractor is waiting for rail rock that will import from oversea/outside.

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