RP337
v2
(DRAFT)
Public Disclosure Authorized
LIVESTOCK WASTE MANAGEMENT IN EAST ASIA PROJECT
POLICY FRAMEWORK FOR RESETTLEMENT OF
PROJECT DISPLACED PERSON IN THAILAND
Public Disclosure Authorized
Public Disclosure Authorized
LIVESTOCK ENVIRONMENT DEVELOPMENT SECTION
BUREAU OF LIVESTOCK STANDARD AND CERTIFICATION
DEPARTMENT OF LIVESTOCK DEVELOPMENT
MINISTRY OF AGRICULTURE AND COOPERATIVES (MOAC)
102 RAJADAMNERN NOK, BANGKOK 10200, THAILAND
12 OCTOBER 2004
Public Disclosure Authorized
TABLE OF CONTENTS
Abbreviations
Section
1:
Introduction
1
A.
The
Project
1
B.
Policy
Framework
2
C.
Displaced
Persons 2
D. Principles and Objectives
3
E.
Resettle
Plan
3
Section 2: Institutional and Legal Framework
5
A.
Institutional
Framework
5
B.
Legal
Framework
5
Section 3: Entitlement Policy
7
Section 4: People's Participation
9
Section
5:
Baseline
Information
9
Section 6: Implementation Arrangements
11
A.
Implementation
Schedules 11
B.
Institutional
Arrangement 11
C. Complaints and Grievances
11
D. Supervision, Monitoring and Evaluation
11
Section 7: Cost and Budget
12
Annexes:
1.
Entitlement
Matrix 13
2. Inventory of Project Displaced Persons
18
3. Entitlement of Project Displaced Persons
19
4. Socio-economic Household Data Sheet of
20
Project Displaced Persons.
ABBREVIATIONS
ARP
Abbreviated Resettlement Plan
B.E.
Budhist Era
DOLA Department
of
Local
Administration
DOLD
Department of Livestock Development
DPs
Displaced persons
MOAC
Ministry of Agriculture and Cooperatives
MOI
the Ministry of Interior
LEDS
Livestock Environment Development Section
NGOs
Non governmental organizations
NSC
National Steering Committee
OP
Operational Policy
PIU
Project Implementation Unit(s)
PLO Provincial
Livestock
Office
PMU
Project Management Unit
RP
Resettlement Plan
RTG
Royal Thai Government
Sangka Council Buddhist Religious Council
Tambon
Sub-district
TAO
Tambon Administrative Organization
EQUIVALENTS
B.E.
Budhist Era, equal to 253 A.D.(B.E. 2547 = A.D. 2004)
Rai
Thai measurement of land unit, equal to 400 Wah 2 or 1 600 m2
Wah 2
Thai measurement of land, equal to 0.0025 Rai or 0.007 Acre or 400 m2
Policy Framework of Resettlement Project of Project Displaced Persons in Thailand 12 Oct. 2004
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Section 1: Introduction
A. The Project
1.
This Project addresses a significant cause of land-based pollution of the South China
Sea and the Gulf of Thailand: environmentally unsustainable commercial livestock
production. The major objective of the Project is to reduce negative impacts, at national and
international levels, of rapidly increasing livestock production and its subsequent
environmentally destructive waste management in selected demonstration areas in China,
Thailand and Vietnam. The expected Project out come is the reduction of land-based
pollutions in the national and international waterways, which in the case of Thailand, is the
Gulf of Thailand and the South China Sea. The Project also aims at replication in other areas.
This Project focuses on the implementation of cost-effective swine waste management in
selected sites in Thailand, Vietnam and Guangdong Province in China that borders the South
China Sea.
2.
The proposed Project consists of four components: 1 Conducive policy framework; 2
Demonstration of livestock waste management; 3 Development of decision support tools and
regional co-ordination; and 4 Project management and monitoring. The first component is
expected to lead to the development and implementation of policies for both livestock
production and waste management with strengthened and better-enforced regulations, more
effective institutions and financial incentives. The outcome of the second component would
be demonstrations in micro-watersheds with improved livestock waste management including
the establishment of improved nutrient-balances in surrounding agricultural land. The third
component would develop common decision support tools for policy makers and promote the
exchange of experiences and lessons learned amongst the three participating countries
directly involved in the Project as well as those bordering the South China Sea. The last
component would result in efficient project management and effective monitoring of the
political/institutional and environmental changes brought about by the Project.
3.
In Thailand, the project sites selected for the second component, i.e., Demonstration
of Livestock Waste Management, are in two (2) provinces namely: Pak Tho District of
Ratchaburi Province and Ban Bung District of Chon Buri Province.
5.
The World Bank Pre-feasibility mission was fielded in Thailand during September
26-October 1, 2004. After the field trip to Ratchaburi Province on September 29, 2004,
information on current land value at market price was collected. The price is 100 000 Baht
(USD 2 500) for 1 Rai of land already improved and around 70 000 80 000 Baht (USD 1
750 20 000) for 1 Rai of land that is bought just as it is. After the field trip to Chon Buri
Province on September 30, 2004, further information on land value was collected. In general,
the current market price of land is around 500 000 Baht (USD 12 500) for 1 Rai of land
already improved and around 150 000 Baht (USD 3 750) for 1 Rai of land that is bought just
as it is.1 Should land acquisition be necessary, the size of land will be small. The SA national
consultant estimates that the land to be appropriated should not be more than 50 Wah 2 (200
m 2 ) at the most.
1 Per com. with Mr. Sa-ard SaePeng, owner of Sa-ard Farm.
Policy Framework of Resettlement Project of Project Displaced Persons in Thailand 12 Oct. 2004
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6.
Based on the findings of the SA Expert, other local experts and the technical
consultants' design of component 2, it is the opinion of the National Steering Committee
(NSC) that the establishment of livestock waste treatment systems in the currently identified
demonstration sites will not require land acquisition and resettlement. However, limited
land acquisition and resettlement may be required in demonstration sites to be selected by the
project in the future. In order to provide a framework for appropriate implementation
arrangements for such land acquisition and relocation, a Resettlement Plan (RP) or an
Abbreviated Resettlement Plan (ARP) is prepared in accordance with this Resettlement
Policy Framework.
B. Policy Framework
5.
The resettlement policy framework is prepared on the basis of the World Bank
Operational Policy (OP) 4.12. The principle objectives of the Policy Framework are to ensure
that: 1 involuntary resettlement should be avoided if possible and other alternatives should be
explored; and 2 if involuntary resettlement is unavoidable, displaced persons (DPs) should be
meaningfully consulted and assisted in their efforts to improve their livelihoods and living
standards or at least to restore them to pre-project levels. This process should be interactive
and participatory and the project should avoid at all cost to make the people feel that they are
being forced upon, but that they resettle for the benefits of themselves and their families as
well as for the general public.
6.
The Policy Framework outlines the principles and objectives, eligibility criteria of
DPs, their entitlements, legal and institutional framework, modes of compensation and
rehabilitation, peoples participation features and grievances procedures that will guide the
compensation, resettlement and rehabilitation of DPs.
C. Displaced Persons (DPs) and Other Stakeholders
7.
According to the World Bank's revised OP/BP 4.12, DPs may be classified in one of
the following: 1 Those who have formal legal rights to land (including customary and
traditional rights recognized under the laws of the country); 2 Those who do not have formal
legal rights to land at the time the census begins but have a claim to such land or assets
provided that such claims are recognized under the laws of the country or become recognized
through a process identified in the resettlement plan; and 3 Those who have no recognizable
legal right or claim to the land they are occupying.2 The land could be residential land,
agricultural land, land for business enterprises and/or other kinds of land such as temples and
schools.
8.
While displaced persons are primary stakeholders because they are people affected by
the project, other stakeholders are the host populations in the planned resettlement sites and
the implementing agency. All stakeholders, particularly the DPs and their representatives,
should be involved in all stages of the project cycle.
9.
The DPs include the following persons to be identified by the baseline information
collected for each of the Resettlement Plans (RP's):
(a)
Persons whose houses are in part or in total affected (temporarily or permanently)
2 World Bank's OP/BP 4.12 Comparison Matrix, pp.6-7, September 28, 2001 in Conversion of the Resettlement
Policy of the World Bank (Comparison of OD 4.30 (6/90) and Draft OP/BP 4.12)
Policy Framework of Resettlement Project of Project Displaced Persons in Thailand 12 Oct. 2004
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by the project;
(b)
Persons whose premise and/or agricultural land is in part or in total affected
(permanently or temporarily) by the project;
(c)
Persons whose businesses are affected in part or in total (temporarily or
permanently) by the project; and
(d)
Persons whose crops (annual and perennial) and trees are affected in part or in
total by the project.
D. Principles and Objectives
10.
This policy framework is based on the principles concerning involuntary resettlement
outlined in the Bank's OP 4.12. They are:
1. Acquisition of land and other assets, and the resettlement of people will be
minimized as much as possible.
2. All DPs residing, working, doing business or cultivating land in areas allocated for
construction of communal waste management plants, transmission infrastructure
(pipelines, channels, etc.) and access roads, etc. under the project as of the date of
baseline surveys are entitled to be provided with rehabilitation measures sufficient
to assist them to improve or at least maintain their pre-project living standards,
income earning capacity and production levels. Lack of legal rights to the assets
lost will not bar the DPs from entitlement to such rehabilitation measures.
3. The rehabilitation measures to be provided are: 1) Compensation at the
replacement cost without deduction for depreciation or salvage materials for
houses and other structures; 2) Agricultural land for land of equal productive
capacity acceptable to the DPs; 3) Replacement of premise land of equal size
acceptable to DPs, and; 4) Transfer and subsistence allowances.
4. Replacement premise and agricultural land will be minimized and the
rehabilitation means will be provided to the DPs prior to the expected start-up date
of works in the respective Project site.
5. Plans for acquisition of land and other assets and provision of rehabilitation
measures will be carried out in consultation with the DPs, to ensure minimal
disturbance. Entitlements will be provided by DPs prior to expected start-up of
works at the respective project site.
6. The previous level of community services and resources will be maintained or
improved.
7. Financial and physical resources for resettlement and rehabilitation will be made
available, where and when required.
8. Institutional arrangements will ensure effective and timely design, planning,
consultation and implementation of the inventories and RPs.
9. Effective and timely supervision, monitoring and evaluation of the
implementation of the RPs will be carried out.
E. Resettlement Plan (RP)
11.
Based on Annex A of the OP 4.12, December 2001 (Involuntary Resettlement
Instruments), the elements of a resettlement and an abbreviated resettlement are summarized
in the sections below.
Policy Framework of Resettlement Project of Project Displaced Persons in Thailand 12 Oct. 2004
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12.
For Thailand, the National Steering Committee (NSC) and the Project Management
Unit (PMU) [the Livestock Environment Development Section (LEDS)3] when preparing
resettlement plans should seek advice from the Department of Irrigation and the Department
of Land, both of which are under the MOAC. They have extensive experience in land
appropriation.
Resettlement Plan
13.
In the case of more than 200 people of each of the two (2) provinces selected for
demonstration component affected by the project, an RP for each demonstration site will be
prepared by the PMU in close collaboration with relevant provincial and local authorities as
well as the Implementing Agency. The RP will be furnished by the PMU under the NSC to
the World Bank for its concurrence.
1. Description
of
the
project;
2. Potential impacts of the project;
3. Objectives of the resettlement program;
4. Socio-economic
studies;
5. Legal
framework;
6. Institutional
framework;
7. Eligibility
of
DPs;
8. valuation of and compensation for losses;
9. Housing, infrastructure, and social services;
10. Participation and consultation;
11. Integration with host populations;
12. Grievances procedures;
13. Organizational schedule;
14. Cost and budget; and,
15. Monitoring and evaluation.
14.
Each RP will be completed no later than six months prior to the estimated date for
commencement of the works. Each RP will be furnished to the World Bank for consideration
no later than three months prior to the actual initiation of the works under the project.
Compensation, resettlement and rehabilitation activities will only commence after the World
Bank has found acceptable the respective RP and the project NSC and the respective
Provincial authority have approved it. The compensation, resettlement and rehabilitation
activities will be completed before awarding contracts of civil works for each demonstration
site.
15.
In the case that the entire number of DPs is less than 200 people for each selected
demonstration site, an ARP will be prepared by the PMU in close collaboration with relevant
provincial and local authorities as well as the Implementing Agency. The RP will be
furnished by PMU under the NSC to the World Bank for its concurrence.
16.
Each ARP covers the following elements:
(1) A census survey of displaced persons and valuation of assets;
(2) Description of compensation and other resettlement assistance to be provided;
(3) Consultation with displaced people about acceptable alternatives;
3 The LEDS is a section of the DOLD, which is a department of the MOAC.
Policy Framework of Resettlement Project of Project Displaced Persons in Thailand 12 Oct. 2004
5
(4) Institutional responsibility for implementation and procedures for grievances
redress;
(5) Arrangements for monitoring and implementation: and
(6) A timetable and budget
17.
The ARP will be completed no later than four months prior to the estimated date for
commencement of the works under the project. Each ARP will be furnished to the World
Bank for consideration no later than three months prior to the actual initiation of the works
under the project. Compensation, resettlement and rehabilitation activities will only
commence after the World Bank has found acceptable the respective ARP and the NSC and
respective Provincial authority have approved it. The compensation, resettlement and
rehabilitation activities will be completed before awarding the contracts of civil works for
each demonstration site.
Section 2: Institutional and Legal Framework
A. Institutional Framework
18.
The responsibility for the preparation and implementation of the policy framework
and RPs are:
a) The overall responsibility for enforcement of the Policy Framework and for
planning and implementing RP's rests with PMU under NSC; the project
Provincial authorities and their relevant departments/institutions. The PMU is
responsible for preparing RP's and for the day-to-day implementation thereof
within their respective jurisdiction. Local level authorities will actively engage in
the preparation and implementation of RP's. In order to have RPs acceptable to the
World Bank to implement RPs smoothly, the PMU under the NSC is responsible
for: (i) hiring qualified consultants to prepare RPs; (ii) appointing qualified social
safeguard staff for PMU.
b) Funds for implementing RP's will be from counterpart funds based on budgetary
requirements established by local governments (provincial, district and TAO)4 in
consultation with the DP's.
B. Legal Framework
19.
The legal frameworks governing the implementation of RP's are the World Bank OP
4.12 on Involuntary Resettlement and the legal framework and policies of the Government of
Thailand.
20.
Under the Thai Constitution of 1997, Chapter 1 concerns eminent domain, which sets
the general rules on appropriation of immovable properties. That is, the objectives, the
Decree defining the zone of land to be appropriated, the public announcement, the fact-
finding survey, the evaluation of initial price of immovable properties and compensation, and
the appropriation of religious land.
4 A TAO sets a budget to incorporate into the District's budget, which in turn is part of the Provincial budget to
be requested from the Department of Local Administration (DOLA), the Ministry of Interior (MOI).
Policy Framework of Resettlement Project of Project Displaced Persons in Thailand 12 Oct. 2004
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21.
The Act of Eminent Domain (B.E. 2530; A.D. 1987) defines "government official" as
"ministry, department, local administration, enterprises, or others vested by the government
to have the authority of eminent domain." The definition of "Local Council" is "provincial
council 5, municipal council 6, sub-district council 7, Bangkok Metropolitan Council,
regional council, Pattaya District Council, public health committee or other councils that are
responsible for local administration as established by law."
22. The project in Thailand's context will be the responsibility of the Ministry of Agriculture
and Cooperatives (MOAC), specifically the Department of Livestock Development (DOLD).
According to the Act of Eminent Domain (B.E. 2530; A.D. 1987), MOAC will vest the
authority to the DOLD that will in turn vest its authority to the Livestock Environment
Section (LES). The LES together with a representative fr Livestock Environment Section
(LES) The Act of Eminent Domain om the Department of Land, a number of representatives
from the Local Council, and other relevant agencies will set the primary price of immovable
properties to be appropriated and the amount of cash compensation to individuals according
to Section 18. The MOAC will be informed of the estimated amount of cash required for
appropriation of immovable properties. The MOAC will set a budget of this amount to be
approved by the cabinet. Once approved, the budget will be allocated to the DOLD' s LES,
which will act as the PMU and set up the PIU that has authorities over Provincial Livestock
Office (PLO).
23. In Section 5, eminent domain can be used for various purposes including agricultural
development and industries, but before the actual implementation, it has to be endorsed by
the Cabinet as a Decree. Then, the Section 6 of the Decree would identify the zone of land to
be appropriated. Section 6 has to identify: 1 The objective of land appropriation; 2 The
responsible government official; and 3 The zone of land to be appropriated as necessary.
24.
In Section 18 concerning financial compensation states that eligible individuals are:
1. The legal land owner
2. The owner of immovable properties on the land to be appropriated
3. The legal renter of immovable properties on the land to be appropriated
4. The owner of trees grown on the land to be appropriated
5. The owner of movable properties on the land to be appropriated will be
compensated for removal of the properties, the cost of transport, and the re-
construction of those movable properties.
5 Provincial Council is an elected part of a Provincial Administrative Organization (PAO). PAO comprises an
elected provincial council that functions as legislative branch and an executive board. Until 1997 the provincial
governor was by law the chief executive of a PAO. The amendment of the Provincial Administrative
Organization Act in 1997 allows a chief executive to be elected by the councillors.
6 Municipal Council functions as a legislative branch, while the municipal executive board functions as the
executive branch of a municipality. In Thailand, there are 9 City municipalities, 89 Town municipalities, and 48
Tambon municipalities.
7
Sub-district council is a consultative body that gives advice to the chief of Tambon. A Tambon is a rural
administrative division at a sub-district level comprising a few villages. Since 1972, every Tambon in the
country has a Tambon council, consultative body that gives advice to the chief of a Tambon. The chief and the
Tambon council are part of the provincial administration under the supervision of a district officer and the
provincial governor.
Policy Framework of Resettlement Project of Project Displaced Persons in Thailand 12 Oct. 2004
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6. The individual who has paid but loses his/her usufruct rights to walk ways, water
pipe, sewage pipe, electricity lines or others which pass the land to be
appropriated.
25.
With regard to the amount of financial compensation, Section 21 states that the factors
to be taken into consideration are:
1. The normal market price of immovable properties to be appropriated
2. The price of immovable properties evaluated for the purpose of local taxation
3. The estimate cost of land for the purpose of fee collection in the registration of
right and juristic acts.
4. Condition and location of the immovable properties
5. Causes and objectives of the appropriation
26.
Section 24 states that financial compensation does not cover: 1 New construction,
agriculture, improvement of land rental that occurs after the Decree; 2 New construction,
agriculture, improvement of land rental that occurs after the Decree with the purpose to cheat
the state to get compensation that he/she does not have the right to.
27.
In the case of international Agreement signed by the Government of Thailand which
policy on land clearance, resettlement differ from the policy of the Government of Thailand,
the policy set forth in the Agreement will be followed.
28. Therefore, in approving this Framework (before the negotiation of the project), the
Government grants the above-mentioned required waivers and authorizes NSC, PMU and
project provinces to provide: (a) compensation at replacement cost without deduction for
depreciation and salvage materials, for land, houses and other assets taken by the project;
and (b) to provide compensation and resettlement assistance in lieu of compensation all
affected persons regardless of without title to the assets lost.
29.
In submitting RP to the World Bank for clearance, letters of the Project Provincial
Governors on agreements in implementing the policy set forth in RP are required.
Section 3: Entitlement Policy
30.
There are four groups of land whose owners are entitled to compensation because
they agree to or have to resettle due to the Project. They are the owners of residence, the
owners of agricultural land, the owners of businesses, and the public land/institutions owned
by the community.
(a) DP's losing residential land and household/structure
1. The mechanism for compensating loss of residential land and structures will
be: 1 The provision of replacement residential land (house site and garden of
equivalent size, satisfactory to the DPs or each cash compensation at
replacement cost according to DPs choice; and 2 cash compensation reflecting
full replacement cost of the house/structures, without deduction for
depreciation salvage materials or compensate in kind according to DP's
choice.
Policy Framework of Resettlement Project of Project Displaced Persons in Thailand 12 Oct. 2004
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2. If residential land is only partially being affected by the Project and the
remaining areas are not sufficient for reorganizing DPs house then at the
request of the DPs, the entire residential land will be acquired at full
replacement cost, without depreciation.
3. If house/other structure is only partially being affected by the Project and the
remaining areas are not convenient to using, the house/structure will be
acquired at full replacement cost, without depreciation.
4. Tenants, who have leased a house for residential purposes will be provided
with a cash grant of six months rental fee at the prevailing market rate in the
area, and will be assisted in identifying alternative accommodation.
(b) DPs losing agricultural and productive land and crops
1. The general mechanism for compensation of lost agricultural land will be
through provision of "land for land" arrangements of equal productive
capacity, satisfactory to the DPs.
2. However, if the DP prefers to receive cash compensation then the following
applies:
if the portion of the land to be lost represents 25% or less of the total
area of the landholding, and the remaining land is still a viable
economic holding, cash compensation, at full replacement cost, may be
provided to the DPs; or
if the portion of the land to be lost is more than 25% of the total area of
a land holding and the remaining holding is not viable the Project will
acquire the entire landholding and provide cash compensation at full
replacement cost.
3. DPs will be compensated for the loss of standing crops and fruit or industrial
trees at market price. Productive trees will be compensated at replacement
cost.
4. DPs whose land is temporarily taken by the works under the Project will be
compensated for their loss of income, standing crops and for the cost of soil
restoration and damaged infrastructure. Land will be rehabilitated after the
project construction by PMU.
(c) DPs losing business
The mechanism for compensating loss of business will be: 1 The provision of
alternative business site of equal size and accessibility to customers, satisfactory to
the DP; 2 cash compensation for lost business structure reflecting full replacement
cost of the structures, without depreciation; and 3 cash compensation for the loss of
income during the transition period.
(d) In the case of cultural or religious institutions such as temples, the transfer of temple land
ownership to the government has to be endorsed by the Sangka Council. (Sangka Council
Act, Chapter 5, Section 34.)8
31.
DP's will also be provided compensation at full replacement cost, without deduction
for depreciation and salvage materials for any other fixed assets affected in part or in total by
the project, such as tombs and water wells, etc.
8 http://www.lawonline.co.th
Policy Framework of Resettlement Project of Project Displaced Persons in Thailand 12 Oct. 2004
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32.
Given the nature of project impacts, the losses affecting DPs have been classified into
seven categories. The entitlement matrix is attached (see Annex 1)
Section 4: People's Participation
33.
All the stakeholders, particularly the DPs and the host communities should participate
throughout the various stages of the planning and implementation of RPs. Prior to the
preparation of RPs, the DPs will be fully informed of the provisions of this Policy Framework
at public meetings such as civil society meetings held by the community leaders and the
respective NSC, its PMU, PIU as well as the local authorities.
34.
The people's participation, in particular by the DPs and host communities should
follow the following procedures:
1. A description of the strategy for consultation with and participation of DPs and
host in the design and implementation of the resettlement activities;
2. A summary of the views expressed and a careful consideration of how to take the
expressed skill into account in preparing the resettlement plan.
3. A review of the resettlement alternatives presented and the choices made by DPs
on available option, including choices related to form of compensation and
resettlement assistance.
4. Institutionalized arrangements so that DPs can communicate their concerns to
Project authorities throughout planning and implementation.
Section 5: Baseline Information
35.
Baseline information could be obtained through a) a DP Census and Inventory and b)
detailed socio-economic surveys, which should be conducted as early as possible during
project implementation and with the involvement of potentially DPs.
36.
The DP Census and Inventory will include the following information:
(a)
number of persons and names;
(b)
number, type, and area of the houses lost;
(c)
number and area of all the residential plots lost;
(d)
number, category and area of agricultural land lost;
(e)
quantity and types of crops ands trees lost;
(f)
businesses lost including structures, land and other fixed assets;
(g)
productive assets lost as a percentage of total productive assets;
(h)
quantity and category of other fixed assets affected by the project; and
(i)
Temporary damage to productive assets.
37.
The inventory form is attached (see Annex 2)
38.
The entitlements of assets and land affected are calculated based on the above
information in an "Entitlement Form" (see Annex 3).
39.
The socio-economic survey will cover the following topics:
Policy Framework of Resettlement Project of Project Displaced Persons in Thailand 12 Oct. 2004
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Current occupants of the affected area to establish a basis for the design of
the resettlement program and to exclude subsequent inflows of people
from eligibility for compensation and resettlement assistance;
Standard characteristics of displaced households, including a description
of production systems, labour, and household organization; and baseline
information on livelihoods (including, as relevant, production levels and
income derived from both formal and informal economic activities) and
standards of living (including health status) of the displaced population;
The magnitude of the expected loss-total or partial-of assets, and the extent
of displacement, physical or economic;
Information on vulnerable groups or persons as provided for in OP 4.12,
papa. 8, for whom special provisions may have to be made; and
Provisions to update information on the displaced people's livelihoods and
standard of living at regular intervals so that the latest is available at the
time of their displacement.
40.
The survey or census should be accompanied by descriptive studies on the following
topics:
Land tenure and transfer systems, including an inventory of common property
natural resources from which people derive their livelihoods and sustenance,
non-title-based usufruct systems (including finishing, grazing, or use of forest
areas) governed by local recognized land allocation mechanisms, and any
issues raised by different tenure systems in the project area;
The patterns of social interaction in the affected communities, including social
networks and social support systems, and how they will be affected by the
project;
Public infrastructure and social services that will be affected; and
Social and cultural characteristics of displaced communities, including a
description of formal and informal institutions (e.g., community organizations,
ritual groups, nongovernmental organizations (NGOs) that may be relevant to
the consultation strategy and to designing and implementing the resettlement
activities.
41.
It should be noted that it is crucial that whenever possible, the data and information
should be dis-aggregated by gender.
42.
The outline for the socio-economic survey is attached (see Annex 4)
43.
The National Steering Committee (NSC) needs to seek assistance from other
government agencies that are familiar with land appropriation. In Thailand, they are the
Department of Irrigation that has to appropriate land to build several large scale dams and the
Department of Land that has to appropriate land to construct several roads and highways.
They will be able to provide the evaluation of immovable properties, residence and
structures.
44.
The RP would make use of the baseline information obtained through baseline
surveys or census and other qualitative information on DPs as well as the information on
inventories made available by the Department of Irrigation and the Department of Land.
Policy Framework of Resettlement Project of Project Displaced Persons in Thailand 12 Oct. 2004
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Section 6: Implementation Arrangements
A. Implementation Schedules
45.
The RP implementation schedule for each of the two selected sites should cover all
resettlement activities from preparation through implementation. It should include target
dates for the achievement of expected benefits to DPs and host communities, as well as, the
target dates for terminating the various form assistance. The schedule should indicate how the
resettlement activities are linked to the implementation of the Project's civil works
implementation schedule.
46.
Payment of compensation and furnishing of other restoration/assistance entitlements
(in cash or in kind), and relocation if that be the case, will be completed prior awarding
contracts for civil works
B. Institutional Arrangement
47.
The PMU will arrange adequate and experienced staff to make up the PIU in each
district of each province to as certain that the RP in each site will be implemented smoothly
as according to approved schedules.
C. Complaints and Grievances
48.
There should be affordable and accessible mechanisms for third-party resettlement of
disputes arising from resettlement that take into account the availability of judicial recourse
and community dispute settlement mechanisms.
49.
Those who have the right to compensation according the right Section 18, but are not
satisfied with the amount of financial compensation for their immovable properties have the
right to appeal to the relevant Minister according to the Decree or who the Minister in charge
within 60 days after formal notification from the government personal vested with the power
of Eminent domain. To consider the appeal, the relevant Minister is to set up a committee
consisted of experts in Law and experts in the evaluation of immovable properties, totalling
at least 5 members. The committee has to state their opinions to the Minister who will judge
the appeal within 60 days since the days the appeal is made.
50.
In the case where the individuals are not satisfied the judgment of the Minister or in
the case where the Minister has not made any judgment within the time limitation, the
individual has the right to make an appeal to the court of justice within 1 year since the day
receives the judgment from the Minister or since the day of limitation. If the court made a
judgment to increase the financial compensation, the individuals are to receive the
compensation at the highest interested rates of the Government Saving Bank.
D. Supervision, Monitoring and Evaluation
51.
Arrangements for internal monitoring of resettlement activities by the PIU should be
made and should be supplemented by independent monitoring by monitors that the PMU
(RTG's Department of Livestock Development) and the Bank considered appropriate. This is
Policy Framework of Resettlement Project of Project Displaced Persons in Thailand 12 Oct. 2004
12
to ensure complete and objective information. Male and female DPs and the host community
representatives should participate in the whole process.
52.
Internal monitoring and supervision will:
(a) Verify that the baseline information of all DP's has been carried out and that the
valuation of assets lost or damaged, and the provision of compensation,
resettlement and other rehabilitation entitlements has been carried out in
accordance with the provisions of this Policy Framework and the respective RP.
(b) Oversee that the RP's are implemented as designed and approved.
(c) Verify that funds for implementing the RP's are provided to the PMU in a timely
manner and in amounts sufficient for their purposes, and that such funds are used
by the PMU in accordance with the provisions of RP.
(d) Record all grievances and their resolution and ensure that complaints are dealt
with in a timely manner.
53.
Independent Monitoring: An independent agency or agencies or individual consultant
will be retained by the PMU to periodically carry out external monitoring and evaluation of
the implementation of RP's. The independent agencies will be academic or research
institutions, Non-Governmental Organizations (NGOs) or independent consulting firms, all
with qualified and experienced staff and terms of reference acceptable to the World Bank.
54.
In addition to verifying the information furnished in the internal supervision and
monitoring reports of the PMU, the external monitoring agency will visit a sample of 20% of
household DPs in each project province six months after each RP implementation to:
(a) Determine whether the procedures for DPs participation and delivery of
compensation and other rehabilitation entitlements have been done in accordance
with this Policy Framework and RP.
(b) Assess if the Policy Framework objective of enhancement or at least restoration of
living standards and income levels of DPs have been met.
(c) Gather qualitative indications of the social and economic impact of project
implementation on the DPs.
(d) Suggest modification on the implementation procedures of RPs, as the case may
be, to achieve the principles and objectives of this Policy Framework.
Section 7: Cost and Budget
55.
Each RP will include detailed cost of compensation and other restoration/assistance
entitlements and relocation of DPs, if that be the case, with a breakdown by agricultural land,
residential land, business land, and public land/assets that belong to the community. The cost
estimates will make adequate provision for contingencies.
56.
Sources of funding for the various RP activities will be clearly specified in the cost
tables. For the Livestock Waste Management in East Asia Project, funds for implementing
RPs will be provided from the counterpart funds based on budgetary requirements established
by the provincial government in consultation with the DPs.
Policy Framework of Resettlement Project of Project Displaced Persons in Thailand-12 Oct. 2004
13
Annex 1
Entitlement Matrix
No
Type of loss
Application
Definition of
Compensation Policy
Implementation Issues
entitled DPs
1
Temporary acquisition
All DPs have
DPs
- Cash compensation for affected trees at
- PIUs9 and local authorities determine and ensure that
of productive land.
trees, crops,
with/without
the replacement cost plus cost for cutting
compensation for trees will be at the replacement cost and for
other assets
land certificate
trees, crops at market price. Number of crop
crops at the market price. If DP is requested for cutting
included in the
patterns to be compensated based on the
affected trees, PIUs will pay cash for this work. DP has right
inventory or
time of temporarily acquired of land.
to use salvageable trees.
able to prove
- The land value will be based on Section 21
- Full cash compensation within 120 days since the land sale
land
(2) or (3) of the Act of Eminent Domain
contract. Payment to DPs will be delivered by PIUs through
occupancy
B.E. 2530 (A.D. 1987)
PMU.
prior to cut-off
- Rehabilitate land after the project
- Affected land will be rehabilitated by contractors after the
date.
construction.
project construction and land could be used with the restricted
purposes.
- Finance available for compensation and well information
disclose/disseminate to DPs and key stakeholders.
2
Temporary acquisition
All DPs with
Same as above
- Cash compensation for affected fruit trees
- PIUs and local authorities determine and ensure that
of residential and
orchards or
and trees at replacement cost.
compensation for trees will be at the replacement cost and for
garden land without
trees
- The land value will be based on Section 21
crops at the market price. If DP is requested for cutting
house or structures
(2) or (3) of the Act of Eminent Domain
affected trees, PIUs through PMU will pay money for this
B.E. 2530 (A.D. 1987)
work. DP has the right to use salvageable trees.
- Rehabilitate land after the project
- Full compensation within 120 days since the land sale
construction.
contract. Payment to DPs will be delivered by PIUs through
PMU.
- Affected land will be rehabilitated by contractors after the
project construction and the land could be used for restricted
purposes.
9 In the case of Thailand, the planed arrangement is to have the LEDS of the DOLD as the PMU, with no provincial PIUs, because there already is a provincial livestock
office in each province with sufficient staff that can act as PIUs without having to establish a new office.
Policy Framework of Resettlement Project of Project Displaced Persons in Thailand-12 Oct. 2004
14
No
Type of loss
Application
Definition of
Compensation Policy
Implementation Issues
entitled DPs
- Finance available for compensation and good information
disclose/disseminate to DPs and key stakeholders.
3
Temporary impact on
All DPs have
Same as above
House/ building:
- PIUs and local authorities determine and ensure that
residential and garden
house/building
- DP can opt for: i) Maintain their houses or
compensation will be paid at the replacement cost, without
land. Partial
and trees/fruit
building; or
ii) Cash compensation for the
deduction for salvageable materials.
house/building (with
trees
directly affected rooms at the replacement
- DPs will demolish the impacted part/ room and reconstruct
area less than 10% of
cost and cost for demolishing an affected
or improve their houses themselves.
total area) and the
room.
demolished area does
- Full compensation for trees and fruit trees within 120 days
- The value of house/building will be based
not impact the
since the land sale contract. If DP is requested to cutg affected
on Section 21 (1), (4), and (5) of the Act of
remaining
trees, PIUs through PMU will pay cash for this work. DP has
Eminent Domain B.E. 2530 (A.D. 1987)
house/building.
right to use salvageable trees.
Remaining residential
Land:
- Full entitlement payment to DPs impacted on house/building
land garden land is
- The land value will be based on Section
within 120 days since the land sale contract.
sufficient for re-
21 (2) or (3) of the Act of Eminent Domain
- Payment to DPs will be delivered by PIUs through PMU.
organizing
B.E. 2530 (A.D. 1987)
- Land could be used for restricted purposes.
-
Rehabilitate
land
after
the
project
construction by contractors.
- Finance available for compensation and good information
Trees and fruit trees
disclose/ disseminate to DPs and all key stakeholders.
- Compensation for affected trees and fruit
trees at the replacement cost.
4
Temporary impact on
All DPs who
Same as above
House/ building:
- Consultation for DP's options on maintaining their house or
residential and or
have house /
- DP can opt for : i) Maintain their houses
moving out.
garden land. Impact
buildings
or
or building ; or ii) Cash compensation at
- PIUs and local authorities determine and ensure that
more than 10% or less
/fruit trees
replacement cost for full areas of impacted
compensation will be paid at market price at the time of
than 10% of total
house/building and demolish DP's house.
payment.
house/building area but
- The value of house/building will be based
- DPs will demolish the impacted areas and reconstruct or
the demolished area
on Section 21 (1), (4), and (5) of the Act of
improve their houses themselves.
will impact the
Eminent Domain B.E. 2530 (A.D. 1987)
remaining house /
- Full compensation for trees and fruit trees to DPs at least 01
Policy Framework of Resettlement Project of Project Displaced Persons in Thailand-12 Oct. 2004
15
No
Type of loss
Application
Definition of
Compensation Policy
Implementation Issues
entitled DPs
structure. Remaining
Land:
month before land clearance. If DP is requested to cut affected
land is sufficient for
-
trees, PIUs through PMU will pay cash for this work. DP has
The land value will be based on Section
reorganizing
right to use salvageable trees.
21 (2) or (3) of the Act of Eminent Domain
B.E. 2530 (A.D. 1987)
- Full compensation payment for impacted house and
- Rehabilitate land after the project
allowances to DPs within 120 days since the land sale
contract.
construction by contractors.
Trees and fruit trees
- Payment to DPs will be delivered by PIUs through PMU.
- Compensation for affected trees and fruit
- Cleared residential area could be reused for other restricted
trees at the replacement cost according to
purposes.
Section 21 of the Act of Eminent Domain
- Finance available for compensation/ rehabilitation and
B.E. 2530 (A.D. 1987)
disclosure/ dissemination of accurate, detailed information.
5
Temporary impact on
All DPs who
Same as above DPs can opt for one of the followings:
- Consultation for DP's options for compensation.
residential and or
have house /
i) Maintain their houses or building; or ii)
- PMU and local authorities determine and ensure that
garden land. Full or
building and
Cash compensation for the whole residential
compensation will be at the market price at the time of
partial house/building
trees, fruit trees
area which DPs occupied (not only for the
payment.
impacted and land
impacted areas) and properties associated
- Replacement land and resettlement sites development.
outside of the impacted
with occupied land at replacement cost.
area is not sufficient
- DPs who receive compensation will demolish the impacted
Impacted land will be obtained by local
for re-organizing.
housing areas and reconstruct or improve their houses
authorities; or iii) "Land for land" with the
themselves.
same area which DPs occupied and cash at
replacement cost for the affected assets
- Full compensation payment for trees and fruit trees to DPs
associated with land. Local authorities will
within 120 days since the land sale contract. If DPs are
obtain Land occupied by DPs.
requested to cut affected trees, PIUs through PMU will pay
- Compensation for affected trees and fruit
cash for this work. DP has right to use salvageable trees.
trees at the replacement cost according to
- Full compensation for impacted house and allowances to
Section 21 of the Act of Eminent Domain
DPs within 120 days since the land sale contract.
B.E. 2530 (A.D. 1987).
- Payment to DPs will be delivered PIUs through PMU.
- Cleared residential area could be used for other restricted
Policy Framework of Resettlement Project of Project Displaced Persons in Thailand-12 Oct. 2004
16
No
Type of loss
Application
Definition of
Compensation Policy
Implementation Issues
entitled DPs
purposes.
- Finance/ land available for rehabilitation and restoration and
well information disclose/ disseminate to DPs and key
stakeholders.
-PIUs and local authorities will consult with DPs who are
eligible to restoration programs for their options and prepare
proposal for restoration programs in the period of RP
implementation.
6
Permanent acquisition
All DPs
Same as above For DP losing productive land:
- Consultation for DPs' options on land compensation.
of land for building of
occupied land
a.
Land loss less than 25% of their total - PIUs through PMU and local authorities determine and
common waste
and properties
landholdings
ensure that compensation will be at the market price at the
treatment systems.
associated with
- Cash compensation for the lost area if the time of payment.
land
remaining plot is still economically viable.
- Replacement land and resettlement sites development.
permanently
impacted by
- Cash compensation for the whole impacted - DPs receiving compensation will demolish the impacted
common waste
plot if the remaining plot is not economically areas and reconstruct/or improve their houses themselves.
treatment
viable.
- Full compensation for trees and fruit trees to DPs. If DPs are
systems.
-
Cash
compensation
for
properties requested to cut affected trees, PIUs through PMU will pay
associated with land
cash for this work. DPs have right to use salvageable trees.
b.
Land loss equal or more than 25% of - Full compensation for impacted house and allowances to
their total landholdings:
DPs within 120 days since the land sale contract.
DPs can opt for the followings:
- No award civil work contract before completion of
i)"Land for land" with the same area and compensation and reorganization or relocation of houses.
productivity of impacted area if
the
remaining plots are still economically viable - Payment to DPs will be delivered by PIUs through PMU.
and
for the whole impacted plots if
the - Finance/ land available for compensation/ rehabilitation and
remaining plots are not economically viable. disclosure/ dissemination of accurate, detailed information.
ii) Cash for land at the replacement cost.
- PIUs through PMU and local authorities will consult with
- Compensation for trees and affected fruit DPs who are eligible to restoration for their options and prepare
trees at the replacement cost.
proposal for restoration programs in the period of RP/ARP
implementation.
Policy Framework of Resettlement Project of Project Displaced Persons in Thailand-12 Oct. 2004
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No
Type of loss
Application
Definition of
Compensation Policy
Implementation Issues
entitled DPs
- Rehabilitation assistance.
For DPs losing residential and garden
land:
- If remaining land is sufficient for
re-organizing : Cash compensation for lost
area and assets associated with land.
- If remaining land is not sufficient for
reorganizing:
DP can opt for i) cash compensation at
replacement cost for land and assets on land,
or ii) "land for land" compensation for the
whole residential area which DPs occupied
(not only for the impacted areas) and
properties associated with occupied land. For
affected
house
and
building,
the
same
entitlement to DPs of categories 3 or 4 or 5.
7
DPs impacted on
All DPs
Same as above
(
- Full compensation to DPs for income loss within 120 days
a) Temporary impact on business or other
business or other
impacted on
since the land sale contract.
services: Compensation for income lost in
services.
business and
the affected time
- PIU through PMU and local authorities will consult with
other services.
DPs who are eligible to rehabilitation for their options and
(b) Permanent impact on business or other prepare proposal for rehabilitation programs in the period of
services: Rehabilitation assistance.
RP/RAP implementation.
Annex 2
Inventory of Displaced People
Province: ____________________
District: ____________________________
Sub-district (Tambon): ________________
Policy Framework of Resettlement Project of Project Displaced Persons in Thailand-12 Oct. 2004
18
Loss of
Temporary
Other
Losses
Loss
Loss of Assets
Loss of Crops
Other Losses
assets
(specify)
Name of
Sex of
No. of
Total
Land to be
Survey
as %
Head of
Head of
persons
landholding acquired in
Eg.,
No.
of
Number
Area of
Household Household
in m 2
of HH in m 2 m 2 by Type
Structures
Structures
Fruit trees
Tombs,
Income
total
and type of
residentia
Paddy
permanent
temporary
lost Type
Others
well, etc. Residence Business
Loss
lost
l land lost
area
(m 2)
(m 2)
& Number
(Specify)
(No.
(rented)
Loss
structures
(m 2)
(m 2)
&type)
Note: 400 m2 = 1 Wah2
Policy Framework of Resettlement Project of Project Displaced Persons in Thailand-12 Oct. 2004
19
Annex 3
Entitlements of DPs
Province: ___________________
District: ___________________________
Sub-district (Tambon): ________________
Name
Sex
Compensation for Land
Compensation for Structures
Compensation for Crops &
Compensation for Other
Total
of
of
Trees
Assets (wells, tombs, etc.)
in
Survey
Head
Head
Unit
Unit
Unit
Baht
Unit
No.
of
of
Quantity
Entitlement
Quantity
Price
Entitlement
Quantity
Price
Entitlement
Quantity
Price
Entitlement
Price
HH
HH
m 2
in Baht
m 2
in
in Baht
Unit
in
in Baht
Unit
in
in Baht
m 2
Baht
Baht
Baht
Notes: 1) USD 1 = approx. 40 Baht, as of October 2004
2) 400 m2 = 1 Wah2
Policy Framework of Resettlement Project of Project Displaced Persons in Thailand-12 Oct. 2004
20
Annex 4
Socio-Economic Household Data Sheet of Project Affected People
Province: _______________
District: ____________________________
Sub-district (Tambon): ________________
Estimated
Occupation
Total
Survey
Address of
Names of Household Members
Ethnic
and Sources of
Income per
Sex
Age
Education
Employment
No.
Households
Group
Income
Year
(Thai Baht)
Policy Framework of Resettlement Project of Project Displaced Persons in Thailand-12 Oct. 2004
21