Nam Theun 2 Hydroelectric Project SOCIAL DEVELOPMENT PLAN ETHNIC MINORITY DEVELOPMENT PLAN - APPRAISAL DRAFT, NOVEMBER 2004 - VOLUME 1: INTRODUCTION AND CROSS-CUTTING ISSUES VOLUME 2: NAKAI PLATEAU ­ EMDP AND RAP VOLUME 3: DOWNSTREAM AREAS ­ EMDP AND RESETTLEMENT AND COMPENSATION FRAMEWORK VOLUME 4: PROJECT LANDS RESETTLEMENT (ACQUISITION AND COMPENSATION) FRAMEWORK Nam Theun 2 Hydroelectric Project SOCIAL DEVELOPMENT PLAN - APPRAISAL DRAFT, NOVEMBER 2004 - Summary Table of Content VOLUME 1: INTRODUCTION AND CROSS CUTTING ISSUES Vol. 1 Chapters: 1 Introduction 2 Project Description 3 Legal and Policy Framework 4 Public Consultation, Participation and Disclosure 5 Health Impact Assessment and Public Health Action Plan 6 Organisational Framework and Responsibilities 7 Institutional Capacity Building and Staff Training 8 Risk Management Framework, Monitoring and Evaluation 9 EMDP Executive Summary Appendices: A Concession Agreement (Schedule 4, Part 1, Social and Resettlement Component and Schedule 7, Part 2, Termination Obligations) B Relevant Safeguard Policies of IFIs (WB and ADB) C National Legal and Policy Documents D Legal Instruments specific to the NT2 Project (Social Component) E IAG and POE Comments on the SDP F National Public Consultation Workshop G Bibliography VOLUME 2: NAKAI PLATEAU ­ EMDP and RAP VOL. 2 PART 1: INTRODUCTION 10 Geographical Framework, Description of Impacts and Entitlements 11 Baseline Data ­ Nakai Plateau VOL. 2 PART 2: ETHNIC MINORITY DEVELOPMENT PLAN FOR THE NAKAI PLATEAU 12 Ethnicity and Project Planning 13 EMDP Baseline Data 14 Participation 15 Mitigation Measures 16 Institutional Arrangements and Capacity 17 Monitoring and Evaluation 18 Scheduling and Financing VOL. 2 PART 3: RESETTLEMENT ACTION PLAN FOR THE NAKAI PLATEAU 19 Resettlement Site Selection and Land Tenure 20 Resettlement Infrastructure Development 21 Agriculture and Livestock Development 22 Irrigation System Planning 23 Forestry Management and Utilisation, Nakai Resettlement Area 24 Nakai Reservoir Fisheries Development and Management 25 Livelihood Integration and Income Scenarios ­ Transition to Stability 26 Social Development and Community Strengthening 27 Consolidated Schedule of Plateau Resettlement Activities 28 Summary of Plateau/Reservoir Resettlement Budget Appendices: H Nakai Plateau Notification, Registration, Socio-economic Survey I Demonstration Farms J Pilot Village Experience K Agriculture and Livestock Development Modeling L Nakai Plateau Forestry Background Documents M Khamkerd Resettlement Village Site Planning VOLUME 3: DOWNSTREAM AREAS ­ EMDP AND RESETTLEMENT AND COMPENSATION FRAMEWORK VOL. 3 PART 1: INTRODUCTION 29 Introduction and Executive Summary 30 Baseline Data 31 Description of Environmental Impacts 32 Description of Livelihood Impacts VOL. 3 PART 2: ETHNIC MINORITY DEVELOPMENT PLAN 33 Ethnicity and Project Planning 34 Livelihoods and Ethnicity 35 Local Consultation and Participation 36 Mitigation Process Framework 37 Institutional Arrangements and Capacity 38 Monitoring and Evaluation 39 Scheduling and Financing VOL. 3 PART 3: MITIGATION AND COMPENSATION FRAMEWORK FOR ALL DOWNSTREAM AREAS 40 Mitigation and Compensation Programme 41 Monitoring, Evaluation and Grievance Procedures Appendices: N Xe Bangfai Socio-economic Survey (2001) VOLUME 4: PROJECT LANDS ­ RESETTLEMENT (ACQUISITION AND COMPENSATION) FRAMEWORK Vol. 4 Chapters: 42 Introduction 43 Preparation of Project Land Resettlement (Acquisition and Compensation) Plan 44 Camp Followers Management Plan Appendices: O Report on Baseline Study Phase 1, Methodology P Impacted Villages, Land and Assets Assessed to Date Q Preliminary Ethnic Minority Baseline Data and Analysis Chapter 42: Introduction CHAPTER 42 INTRODUCTION Table of Content 42 INTRODUCTION.................................................................................................................2 42.1 OVERVIEW................................................................................................................................2 42.2 OBJECTIVES..............................................................................................................................2 42.3 PRINCIPLES ..............................................................................................................................3 42.4 LEGAL FRAMEWORK OF COMPENSATION POLICY AND ENTITLEMENTS................................3 42.4.1 Nam Theun Resettlement Policy ................................................................................................................... 3 42.4.2 Nam Theun 2 Concession Agreement.......................................................................................................... 4 42.4.3 ADB and World Bank Operational Procedures ......................................................................................... 4 42.4.4 National Resettlement Policy and Guidelines.............................................................................................. 5 42.5 ESTIMATED LAND ACQUISITION AND POPULATION DISPLACEMENT......................................5 42.5.1 Location and Area of NT2 Project Lands.................................................................................................... 5 42.5.2 Population Displacement.............................................................................................................................. 10 42.5.3 Estimation of Impacted Land and Assets................................................................................................... 10 42.6 ELIGIBILITY CRITERIA........................................................................................................... 11 42.6.1 PAP - Project Affected Persons:.................................................................................................................. 11 42.6.2 PAV ­ Project Affected Villages:................................................................................................................. 12 42.6.3 Lands and assets to be compensated........................................................................................................... 12 42.6.4 Project Land categories ................................................................................................................................. 12 42.6.5 Duration (period) of Project Land requirement ........................................................................................ 13 List of Tables Table 42-1: Compensation Entitlements (Related to Project Land Impacts) as Specified in the Nam Theun 2 Concession Agreement (Extracts from Schedule 4, Part 1, Clause 14).......................................4 Table 42-2: Project Lands, and Category 1 Land Areas during the three Project Phases ............................6 Table 42-3: Houses (and thus PAP) impacted by Category 1 Project Lands, all 3 Project Phases...........10 Table 42-4: Summary of land and assets under Category 1 areas of the 34 Project Lands inventoried in the Baseline Study Phase 1 (not including Transmission Lines) ...............................................11 List of Figures Figure 42-1: Map of Project Land Areas (not Including Transmission Lines), subject to revision as detailed design progresses..................................................................................................................................8 Figure 42-2: Map of Transmission Line Project Lands, Subject to Revision as Design Progresses............9 November 2004 Nam Theun 2 Project ­ Social Development Plan ­ Volume 4 i Chapter 42: Introduction 42 INTRODUCTION 42.1 OVERVIEW Construction of the NT2 Hydropower Project will require the acquisition of land and assets on which to build project facilities, and such land is term "Project Lands". The Project Lands as specified in the Concession Agreement of October 2002 comprise about 57 parcels of land which will be required for the implementation of the Nam Theun 2 Project. These Project Lands include areas for the construction of the Nakai Dam, the Nakai saddle dams, the headrace channel, the power conduit intake structure, the Powerhouse, the Regulating Pond and Dam, Residence Nam Theun, the proposed quarry areas, the construction work camps, as well as corridors for the 500 kV transmission line, the 115 kV transmission line, the downstream channel, and for all roads to be upgraded or constructed. The location of these Project Lands areas are shown in Figure(s) 44-1. The required handover, to NTPC, of Project Lands for the construction of the NT2 Project will result in impacts including disturbance, and temporary or permanent land and asset acquisition, all of which will require compensation to those Project Affected Persons who may owners and/or users of the impacted land and assets. Compensation will include asset purchase or relocation, direct replacement of land or asset, or rehabilitation of livelihoods impacted. The approximate area of land and assets required by the NT2 project will be approximately 5,500 ha. Within this areas (but not including the transmission lines) there is about 213 ha of productive land, about 676 ha of semi-productive land and about 262 fixed assets1 which may be affected temporarily or permanently. The Project Lands mapped in the Concession Agreement were the indicative and maximum requirement of land, and by use of these maps only the zone of actual impacts in most of the Project Lands cannot be exactly determined. The actual requirement for each Project Lands will only be know progressively, up until Financial Close. Thus, at this stage, a Resettlement Framework (Project Lands resettlement Framework - PLRF) rather than a Resettlement Plan has been drafted. It is envisaged that as the exact requirement - in terms of location, and dimension - for each Project Land is finalised, a series of land acquisition and compensation agreements with PAP's and/or short resettlement plans will be submitted to the GOL for formal approval and payment of compensation or implementation of livelihood rehabilitation programs. This Framework has been prepared, in accordance with section 28 of World Bank OP4.12 (December 2001) and sections 28 and 29 of ADB Policy OM F2/OP (Oct 2003) and the GOL Nam Theun 2 Resettlement Policy. 42.2 OBJECTIVES This Project Lands Resettlement (Acquisition and Compensation) Framework has the following objectives. · to describe the legal framework relevant to this program,; · to provide an estimate of land and asset acquisition and population displacement and likely categories of affected or displaced persons; · to describe the eligibility criteria for project affected persons and villages ; · to describe the process for preparing land acquisition and livelihood agreements and short resettlement plans; · to describe the methods of valuing affected land and assets; · to provide an indicative implementation schedule linking land acquisition and compensation to the civil works program; · to describe the grievance redress mechanism (provided in Volume 1 of this SDP) and · to describe the consultation and participation arrangements. 1 most of the affected fixed assets are in Oudomsouk town on the Nakai plateau, and as some of these assets may also be affected by inundation and thus already counted as affected by reservoir impoundment (Volume 3) there may be some double counting. November 2004 Nam Theun 2 Project ­ Social Development Plan ­ Volume 4 2 Chapter 42: Introduction 42.3 PRINCIPLES The NT2 Projects approach to the acquisition of land and assets under Project Lands, and the drafting and implementation of this Acquisition and Compensation Framework has relied on the following principles. · Acquisition of land and other assets, and the resettlement of people will be minimized as much as possible2; and all viable alternative project designs will be explored to reduce unnecessary land acquisition or resettlement; · Where it is not feasible to avoid land acquisition or resettlement, activities will be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons displaced by the project to share in project benefits. Displaced persons will be meaningfully consulted and have opportunities to participate in planning and implementing resettlement programs. · Affected or displaced persons will be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. 42.4 LEGAL FRAMEWORK OF COMPENSATION POLICY AND ENTITLEMENTS The NTPC and the GoL have developed compensation guidelines in the Nam Theun 2 Resettlement Policy and the Concession Agreement. These legal and policy documents were based on the then available GoL legislation and policies and the World Bank safeguards policies. More recently, the Asian Development Bank safeguards polices have become relevant, as have the draft National policy and guidelines on resettlement. This PLRF has been drafted and will be implemented in accordance with all of these legal and policy guidelines. 42.4.1 Nam Theun Resettlement Policy The Nam Theun Resettlement Policy (12 July 2002) was issued by Lao PDR Committee for Planning and Cooperation as No. 1147/CPC. The Nam Theun 2 Resettlement Policy outlines the basic principles and measures governing the resettlement of agricultural and forestry production areas and compensation to the population of the Nam Theun 2 Project zones, with the view of upgrading (in the case of plateau resettlement) and ensuring sustainable livelihoods. It provides for the participation of the population in the consultation, planning and design process of their new settlement and production areas. It also provides for the application of special measures towards ethnic minorities and vulnerable persons to assist them to take care of their needs and foster self-reliance. Other key requirements outlined in the Resettlement Policy include: 4.1: Compensation based on the principle of replacement cost will be provided for agricultural lands, gardens, building land, fruit trees, houses, schools, hospitals, dispensaries, temples, cemeteries, markets, buildings and any other assets and activities that will be affected. 4.6: Villagers resettling outside the resettlement areas (to other localities) will receive full compensation from the Project in one single payment for agricultural land, gardens, fruit trees, houses, building land and other losses and will be provided transportation to their destination. Any self-resettlement proposals must be reviewed for feasibility and approved by the Resettlement Committee before agreement to cash payment. 5.5: Insofar as changes in household economic activities are proposed, the replacement opportunities will recognise the ability and interest of the persons affected, new activities will be introduced on a sound economic basis, with risks identified and understood. 5.13: Any host people affected by the resettlement program will be compensated according to the degree of the impact. 2such minimization has already been seen in the case of Phu Phakho quarry (PL1) and Residence Nam Thuen (PL36), two Project Lands part of the PCA (Preliminary Construction Activities). In these areas, the contractors have significantly decreased the areas they require, in comparison to both the Concession Agreement areas and to the HCJV's original plans for land requirement. The reason for such a decrease in the area required was to minimize impacts on local villagers land and assets. This minimization of land required can be effected for a significant number of the Project Lands. November 2004 Nam Theun 2 Project ­ Social Development Plan ­ Volume 4 3 Chapter 42: Introduction 42.4.2 Nam Theun 2 Concession Agreement Specific compensation entitlements for Project Lands impacts are identified within the Concession Agreement (Schedule 4, Part 1 ) and provided in Table 42-1 below. Table 42-1: Compensation Entitlements (Related to Project Land Impacts) as Specified in the Nam Theun 2 Concession Agreement (Extracts from Schedule 4, Part 1, Clause 14). B. Power Station, Regulating Pond, Regulating Dam 1. Housing if required for right-of-way or and Downstream Channel from Regulating Dam to the construction of Downstream Channel: Xe Bang Fai River as per housing for Reservoir Area households All those adversely affected by the construction and (see A.1) operation of the Downstream Channel, either through loss 2. Land (home lot and production land): of land and infrastructure or economic loss or disturbance. if 25 percent or more of the land is required, On the alignment of the downstream channel prior to the the Project Affected Person is entitled to sell commencement of the Preliminary Construction Works, a the entire land to the Project and receive detailed survey of impacts will be conducted to register compensation accordingly eligible affected persons. if less than 25 percent of the land is required and the remaining land is not economically viable for production the Project Affected Person is entitled to sell the entire land to the Project and receive compensation accordingly the replacement value of the land is its local market value of the year in which the compensation is paid the compensation can be cash or the provision of replacement land of equal size and productivity (in the vicinity of the home lot) 3. Trees: fruit trees compensated at district prevailing market prices, other trees compensated at stumpage value 4. Land and disturbance allowance: ten percent of the amount calculated under Item 2 above. D. NT2 Resettlement Area, Road from Ban Nan Nian As per downstream channel households under B. to Lak Sao, Quarry Area near Lak Sao, Access Roads, Dam Construction Area, Power Station Construction Area, All those adversely affected by the construction and operation of these facilities, either through loss of land and infrastructure or economic loss or disturbance. On the alignment and land areas involved prior to the commencement of the Preliminary Construction Works, a detailed survey of impacts will be conducted to register eligible affected persons. E. Transmission System and GOL Transmission As per downstream channel households under B as Assets: determined after exact route location finalised and All those adversely affected by the construction and impacts verified. operation of the Transmission System and the GOL Transmission Assets, either through loss of land and infrastructure or economic loss or disturbance. On the alignment prior to the commencement of the Preliminary Construction Works, a detailed survey of impacts will be conducted to register eligible affected persons. 42.4.3 ADB and World Bank Operational Procedures The following current ADB social safeguard policies will apply: (a) Policy on Involuntary Resettlement (1995) and Operational Manual Bank Policies (OM F2/BP) and Operational Procedures (OM F2/OP (29 October 2003); November 2004 Nam Theun 2 Project ­ Social Development Plan ­ Volume 4 4 Chapter 42: Introduction (b) Policy on Gender and Development, and OM C2/BP and OMC2/OPon Gender and Development in ADB Operations (29 October 2003), and ADB's Gender Checklist: Resettlement (February 2003); (c) Policy on Indigenous Peoples (1999). The following World Bank social safeguard policies will apply (see Appendix B in Volume 1): (a) OP 4.11 on Cultural Property (August 1999); (b) OP 4.12 on Involuntary Resettlement and OP 4.12 Annex A (December 2001); (c) OD 4.20 on Indigenous Peoples (September 1991). The most relevant Bank Procedure with regard to compensation affecting involuntary resettlement due to NT2 Project Land impacts is OP 4.12 Involuntary Resettlement. This Operational Procedure is attached in Volume 1 as Appendix B. The overall objectives of the Bank's policy on involuntary resettlement are the following: (a) Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative project designs. (b) Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons displaced by the project to share in project benefits. Displaced persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs. (c) Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. Both the ADB and the World Bank specify that compensation should be based on a "replacement cost" where replacement cost is the method of valuation of assets that helps determine the amount sufficient to replace lost assets and cover transaction costs. For example, the ADB Operations Manual: Bank Policy states, in para 4 (iii) "Replacing what is lost. If individuals or a community must lose all or part of their lands, assets, means of livelihood ... they will be compensated and assisted through replacement of land, housing, infrastructure, resources income sources and services, in cash and kind, so that their economic and social circumstances will be at least restored to type pre project levels". 42.4.4 National Resettlement Policy and Guidelines The GOL, through its agency STEA, is currently developing a comprehensive policy and set of technical guidelines for resettlement within the Lao PDR. Appendix C in Volume 1 has full text of the draft National Policy on Resettlement and Compensation (C9.1), draft Decree on Resettlement and Compensation (C9.2) and Technical Guidelines for Resettlement and Compensation (C9.3). 42.5 ESTIMATED LAND ACQUISITION AND POPULATION DISPLACEMENT 42.5.1 Location and Area of NT2 Project Lands Table 42-2 lists the approximately 57 Project Lands as defined in the Concession Agreement (see maps of the Concession Agreement Project Lands - both Category 1 and Category 2 - in Figure 42-1 and Figure 42-2). These Project Lands are not necessarily the lands that will be actually required by the HCJV, and later the NTPC, but rather define the maximum area within which the NTPC (and HCJV) may chose to design or construct infrastructure, or have right of way. Thus, in many cases, the areas tabled are considerably larger than will actually be required by the HCJV/NTPC. The actual land that will be required as Category 1 (fully alienated) and Category 2 (right of access) lands will be more accurately defined as the design process progresses. Phase 1 and 2 of the Baseline Study (described in Chapter 45) will contribute to the final technical design process of definitive delineation of Category 1 land required. The requirement for right of way in Category 2 lands will generally only be known as construction progresses. November 2004 Nam Theun 2 Project ­ Social Development Plan ­ Volume 4 5 Chapter 42: Introduction Table 42-2: Project Lands, and Category 1 Land Areas during the three Project Phases Classification Category 1 Area - ha no. Level 1 Level 2 Area Description Cat. ** Prelim Prelim Const Concessi N-S Const. Cons Phase on Period Works Phase 1a Feature Quarry Phou Phako Quarry (Limestone aggregate source) 1 P 76.2 76.2 1b Road Existing Phou Phako Quarry access road ( Road 8b to quarry area) 2 P 2 Road Existing Existing Road 8b: Nakai Dam access road to the Quarry 2 P 3 Road Existing Existing Road 8B: PP Quarry access to town of Lak Sao 1 P 4 Road Access Dam access road : Nam Nian - Dam Site via Nam Theun 1 P 65.9 5a Feature Nakai Dam Nakai Dam Site: main area 1 P 29.6 53.1 52.1 5b Feature Nakai Dam Nakai Dam Site: potential sand quarry area downstream 1 40.0 of the main Nakai Dam site 5c Feature Nakai Dam Nakai Dam Site: potential sandstone quarry area 1 23.3 downstream of main Nakai Dam Site 5d Feature Nakai Dam Nakai Dam site: two potential sandstone quarry areas 1 143.1 upstream of main Nakai Dam Site 6 Road Access Nakai Dam Access Road (new road) 1 P 700.2 700.2 7 Road Existing Existing Road 8b: From Ban Nam Nian to the Nakai 2 P Dam Site Access Road (new) junction 8a Road New New Road 8b: Alignment between Ban Thalang and Ban 1 772.6 Nam Nian (northern section); does not include small area immediately next to Ban Thalang Bridge. 8b Road New New Road 8b: Alignment b/w Ban Thalang and Ban Nam 1 P 51.4 Nian; area immediately next to Ban Thalang Bridge 9 Road Existing Existing Road 8b: Alignment b/w Thalang and Nam Nian 2 10a Road New New Road 8b: Alignment between Oudomsouk and 1 P 21.3 Thalang - small section near Nam Theun bridge 10b Road New New Road 8b: Alignment between Oudomsouk (Saddle 1 1112.4 Dam 12B) and Thalang (not including access roads) southern section, not incl. area near Nam Theun bridge 11a Road Access Access Roads for new alignment of Road 8b between 1 32.6 Oudomsouk and Thalang - Northern access road 11b Road Access Access Roads for new alignment of Road 8B between 1 100.7 Oudomsouk and Thalang - southern access road 12 Road Existing Existing Road 8b: Alignment between Oudomsouk (from 2 P Saddle Dam 12B) and Ban Thalang 13 Road Access Access Road to Saddle dams 13A & 14A 1 511.9 14 Feature Saddle Dam Saddle Dam 13A 1 P 8.2 58.2 15 Feature Saddle Dam Saddle Dam 14A 1 P 3.5 34.3 16 Road Existing Existing Road 8b: Alignment between center of 2 P Oudomsouk around Saddle Dam 12B to northern edge of Saddle Dam 12B 17 Road Existing Existing Road 8b: Alignment between center of 2 P Oudomsouk around Saddle Dams 1A and 2B to Intake Structure area 18 Feature Saddle Dam Saddle Dam 12B 1 P 50.9 50.9 19 Feature Saddle Dam Saddle Dams 1A and 2B 1 P 23.7 23.7 20a Feature Intake Intake Structure and Saddle Dam 4A 1 P 27.2 27.2 3.2 20b Feature Intake Intake Structure Construction Camp Area: adjacent to the 1 P 18.0 18.0 southern edge of the Intake Structure 21a Road New Road: New section between Intake Structure 1 P 40.6 49.5 Construction Camp Area to Area 21b; includes Saddle Dams 5A, 6B and 7A 21b Road New Road: New section between Area 21a to point where new 1 P 20.9 31.9 alignment meets old alignment; incl. Saddle Dams 8A, 9A 22 Feature Saddle Dam Saddle Dam 10A 1 P 7.9 7.9 23 Feature Saddle Dam Saddle Dam 11A 1 P 9.0 9.0 24 Road Existing Existing track alignment from Area 21b to point past 2 Saddle Dam 11; around both Saddle Dam 10 & 11 26a Feature Headrace Chan. Headrace channel & construction camp adjacent to west 1 250.6 144.0 26b Feature Support Construction camp adjacent to west of Headrace channel 1 P 43.9 43.3 and North of Saddle Dam 1A and 2B 27 Road Access Surge Shaft Access Road: from area of Intake Structure 2 28 Feature Surge Surge Shaft Area 1 21.9 1.4 29 Road Access Surge Shaft Access Road: From Road 8b on the plateau 2 30 Feature Headrace Tun. Headrace Tunnel Access portal, road 1 P 1.9 1.5 31 Feature Headrace Tun. Headrace Tunnel Access portal spoil area 1 P 3.5 32 Road Existing Existing Road 8b, from the Power Station to Oudomsouk 2 P November 2004 Nam Theun 2 Project ­ Social Development Plan ­ Volume 4 6 Chapter 42: Introduction Classification Category 1 Area - ha no. Level 1 Level 2 Area Description Cat. ** Prelim Prelim Const Concessi N-S Const. Cons Phase on Period Works Phase 33 Feature Power Station Power Station Site: includes a camp area at north, a 1, 2 P 51.3 101.3 48.8 portion of the construction period transmission lines, a portion of Road 8b, and the tailrace channel 34 Feature Regulating Regulating Pond (larger than 3 camp areas, and includes 1 P 47.1 358.6 139.6 Pond TL, Road 8B, spoil areas) 35 Feature Regulating Dam Regulating Dam: Area includes part of construction phase 1 P 61.3 92.6 15.8 transmission lines, part of construction phase Road 8B and spoil area for regulating dam 36 Feature RNT Residence Nam Theun 1 P 50.2 50.2 40.7 37 Road Existing Exiting Road 8b: From Gnommalat to the Regulating 2 P Dam 38 Feature D/S Channel Downstream Channel, incl. indicative spoil locations, 1 359.2 359.2 39a Road Access Access Road to Downstream Channel upstream of siphon 1 39b Road Access Access Road - to DC downstream of siphon 1 40 Feature Support Construction Camp Area - Near Road 8b - Road 12 1 P 17.0 17.0 junction, on eastern side of 41 Feature Support CW3 working area south of Road 8b - Road 12 junction 1 5.1 42 Feature Quarry Phou Phathoung Quarry access road and Quarry Area 1 P 48.3 48.3 44 Feature Support Construction Camp Area - North of Downstream Channel 1 P 22.5 22.5 Tunnel on Road 8B 46 Feature Support Construction Camp Area - South of Downstream Channel 1 P 25.9 25.9 Tunnel on Road 8B 47 Road Access Southern downstream Channel Tunnel Acess Road & 1 46.1 CW3 Work Area 48 Feature Support Construction Camp Area - on eastern side of Road 12/ 8b 1 P 9.8 9.8 north of the Xe Bang Fai Access Road 49a Road Access Access Road: to Xe Bang Fai / Downstream Channel 1 P 30.6 87.4 Confluence area 49b Feature Support Work Area: on Xe Bang Fai / Downstream Channel 1 5.6 confluence area access road 50 n/a n/a CW working area at entrance to Xe Bang Fai access road - no 1 6.6 longer used 51 Road Existing Existing Road 12: Road 8 & 12 Junction to Gnommalat 2 P 52 Feature Transmission 115 & 500kV TL: Reg Dam to near Road 8 / 12 junction 1 , 2 t.b.t. t.b.t. 53 Feature Transmission 115kV TL from turnoff to Thakhek to Thakhek 1, 2 t.b.t. t.b.t. 54 Feature Transmission 500kV TL from turnoff to Thakhek to Savannakhet 1, 2 t.b.t. t.b.t. 55 Feature Transmission 500kV Transmission line access roads (multiple parcels) 1, 2 t.b.t. t.b.t. 56 Road Existing Road 12: from new Mahaxai to Road 8 & 12 Junction 2 P 57 Road Existing Road 12 - from Thakhek to new Mahaxai 2 P 58 Feature Transmission EDL future Savanakhet Substation 1, 2 t.b.t. t.b.t. TOTALS 1,490 ha 5,507 ha 806 ha ** Tabled as Category 1 means Category 1 for at least one of the three Phases = Pure Category 2 lands, usually existing roads. these are generally not included in Baseline Studies = Transmission lines, access roads and substations, which have not yet been studied November 2004 Nam Theun 2 Project ­ Social Development Plan ­ Volume 4 7 Chapter 42: Introduction Figure 42-1: Map of Project Land Areas (not Including Transmission Lines), subject to revision as detailed design progresses November 2004 Nam Theun 2 Project ­ Social Development Plan ­ Volume 4 8 Chapter 42: Introduction Figure 42-2: Map of Transmission Line Project Lands, Subject to Revision as Design Progresses November 2004 Nam Theun 2 Project ­ Social Development Plan ­ Volume 4 9 Chapter 42: Introduction 42.5.2 Population Displacement The acquisition of land and assets under Project Lands will require only limited acquisition of houses, and thus limited populations displacement. In addition, the relocation of houses required will, in most if not all cases, be for a short distance only, within the PAPs original village. Thus, the populations will not actually be 'displaced' but rather their dwellings relocated within the original village boundary. The data provided in Appendix P, Table 1 has been summarized in table 44-3 below (not yet including transmission lines), which shows that the acquisition of houses will be required in 11 Project Lands. If Project Lands were acquired as per the Concession Agreement maps, then this would require relocation of 189 houses and 27 other buildings. However, the HCJV is now redesigning the saddle dams 12B, 1A and 2B (Project Lands 18 and 19) in order to lessen the impact on houses and other buildings in this area. Table 42-3: Houses (and thus PAP) impacted by Category 1 Project Lands, all 3 Project Phases PL no description no. houses ~ PAP 18 SD 12 B 122 19 SDs 1A & 2 B 39 20a Intake Structure 1 26b Construction Camp - HC 3 33 Power Station etc 1 34 Regulating Pond etc 1 35 Regulating Dam etc, 7 36 Residence Nam Theun 2 38 Downstream Channel 11 42 new access route 1 47 new access route 1 Total 189 Total, not including saddle dams 28 Again, it should be noted that such impact of houses will require only localized relocation, within the same villages, and most of the impact is in Oudomsouk village, the District Centre of Nakai District. In any case (irrespective of the impact of saddle dams), this District centre will be redesigned due to reservoir inundation of the lower areas in the town, which will be remedied by back-filling by Intake channel spoils to create near town subdivisions. 42.5.3 Estimation of Impacted Land and Assets The handover of Project Lands for the construction NT2 Project will require the acquisition of approximately 5,500 ha of land, although this area (not including the transmission lines) contains only about 213 ha of productive land, about 676 ha of semi-productive land and about 262 fixed assets3 which may be affected temporarily or permanently, as summarized in Table 44-4 below, and detailed, for each Project Land, in Appendix P, Table 1. This data does not yet include the Transmission Lines, which will only be available in December 2004. In addition, this data is extracted from Phase 1 of the Baseline Study which (a) used detailed satellite photos to identify estimate assets, and (b) was based on the maps provided in the Concession Agreement and not on the actual areas which will be required by the HCJV and then NTPC. Thus, it is an estimate only, to be verified following (i) conduct of Phase 2 of the Baseline Study, and (b) confirmation of the actual area required by HCJV. The Phase 2 of the Baseline Study was initiated in June 2004 in Project Lands 33, 34, 35, and 36, and is expected to be completed for all Project Lands by April 2005. 3most of the affected fixed assets are in Oudomsouk town on the Nakai plateau, of which at least half may be flooded and thus already counted as affected by reservoir impoundment - see volume 3. November 2004 Nam Theun 2 Project ­ Social Development Plan ­ Volume 4 10 Chapter 42: Introduction Table 42-4: Summary of land and assets under Category 1 areas of the 34 Project Lands inventoried in the Baseline Study Phase 1 (not including Transmission Lines) temporarily lost permanently lost land/asset category no area - ha no area - ha fixed assets 1 houses 186 14 2 farm buildings 12 1 3 other buildings 37 13 sub-total 235 28 productive land /assets 1 fish ponds 26 2.16 18 0.48 2 gardens 124 10.91 155 8.84 3 bamboo 68 4.02 133 7.56 4 paddy rice fields 1,176 61.41 1,098 42.26 5 irrigated paddy rice fields 110 4.17 531 23.9 6 current shifting cultivation upland fields 75 29.62 23 16.97 sub-total 112.29 100.01 semi-productive and community land areas 1 3 yr fallow shifting cultivation fields 149 418.95 116 158.71 2 wetlands/swamp 9 1.77 24 3.341 3 Grassland 81 61.19 101 32.41 sub-total 481.91 194.461 42.6 ELIGIBILITY CRITERIA 42.6.1 PAP - Project Affected Persons: Project Affected Persons (PAPs) are those persons and families affected or impacted by the Project, which in the case of Project Lands is those persons or families who have land, assets or derive some livelihood in those areas defined as Project Lands and thus required to be handed over to the NTPC/HCJV, temporarily or indefinitely. By definition, it is these PAP who are entitled to any applicable compensation. However, any particular land or assets may be related to more than one PAP. For example, when the land is owned by one PAP but used to gain a livelihood by another different PAP (who is usually paying some type of rent to the owner PAP) then there are two eligible PAPs for this one asset. Thus, eligibility is based on: (a) ownership; and (b) use. Ownership may have various forms, from formal to informal. There are no formal "land titles" as such yet issued for land or assets in the Project Area. However, ownership is officially recognized in the Lao PDR by the registration of land and assets for the purposes of tax. Such tax registration certificates will obviously be recognized as proof of ownership. In addition, and in the case where there are no tax registration certificates, customary use and ownership will be recognized, and this is usually well know in each village. However, in the case that there is a dispute as to the owner then it is up to the Village Grievance Committee, in the first instance, to decide or to resolve any issues relating to customary and traditional ownership and use right over a particular land or asset. There may be cases were land or assets have recently been purchased for the specific intent of being applicable for compensation from the NT2 Project. Such cases are generally known by the community November 2004 Nam Theun 2 Project ­ Social Development Plan ­ Volume 4 11 Chapter 42: Introduction and reported to the NT2 Project. They will go before the Village or District Grievance committee for adjudication It should be noted that any particular PAP may (a) have land assets or livelihoods in more than one Project Land, and (b) have a range of land assets and livelihoods in any particular Project Land. This may particularly be the case in the Gnommalart plain area, where families may or could be affected by any of the Regulating Pond and Regulating Dam, the Downstream Channel and/or the Transmission Lines. It is for this reason that each PAP will have a (PAP) Assets Registration Folder, a compilation of land and assets impacted by the Project. 42.6.2 PAV ­ Project Affected Villages: In some instances, impacted land and assets are not able to be related to any particular PAP, but more to members of a village or community. This is often the case for forest products, grass and grazing lands and fishing areas, which are considered community rather than a private assets. In these cases it is most practical to identify the village as the eligible affected entity, and thus the term PAV. However, this term is used in at least two circumstances: (i) PAV is used to generally describe those villages containing persons or households who may or will experience some impact from the NT2 Project Lands acquisition and construction; (ii) Project Lands PAV also refers to those villages whose 'communities' (rather than persons) are impacted by Project Lands acquisition and construction, and for which compensation (for an impact on a community asset or land) will be applicable at the village level, not the family level. 42.6.3 Lands and assets to be compensated There are a range types of lands, assets and livelihoods, mostly rural, which have been identified as potentially impacted by the need to temporarily or permanently hand over Project Lands to the HCJV and NTPC, including the following; · houses, of various size and materials, ranging from bamboo, wooden to a few brick, and from one to two stories, or at least 'elevated'; · farm buildings, generally elevated bamboo huts for shelter, or rice barns; · other buildings, either shops, which again may be bamboo, wood or brick, or Government buildings which may be of brick, but some may be wood; · fish ponds, usually relatively small, and of medium to low productivity; · paddy rice fields, which may support one rainfed crop a year, or be part of an irrigation system and thus support two crops of rice per year; · gardens, either (a) river or creek bank gardens, (b) gardens linked to an irrigation system, or (c) small kitchen gardens around a house, which may grow field crops, fruit crops and vegetable crops. · shifting cultivation fields, either fields currently growing rice, or fallow swiddens in the shifting cultivation cycle; · bamboo groves, and tree plantations; · grasslands, which may be used for grazing or other uses; · forest areas in which a wide range of forest products - plant and animals - are gathered; and · wetland areas and stream, in which fish and amphibians are caught and aquatic products gathered. 42.6.4 Project Land categories The Concession Agreement defines three (3) Categories of Project Lands to be leased by the GoL to the Company (otherwise termed 'handed over' to the HCJV and NTPC) and these are based on the exclusivity of the occupancy rights granted to the Company, as follows; · Category 1: Land which must be handed over to the NTPC for the exclusive occupancy and exclusive use by the NTPC, · Category 2: Land in which the NTPC and other parties will have co-existent rights, but in which NTPC has the dominant or primary right as required. · Category 3: Land in which the NTPC and other parties will have co-existent rights, but the NTPC has subservient occupancy rights only. November 2004 Nam Theun 2 Project ­ Social Development Plan ­ Volume 4 12 Chapter 42: Introduction In terms of impact and the need for compensation, Category 1 Project Lands are the most important, and are the focus of this PLRF. In Category 2 Project Lands, when the dominant right of way of the HCJV or NTPC causes damage or inconvenience to a local villager, then such disturbance is usually short term and compensation can be estimated and provided relatively easily. Impacts in Category 1 Project Lands are more significant, and require more detailed study, planning and attention to compensation. 42.6.5 Duration (period) of Project Land requirement The NTPC will require, and has the right to access or the exclusive use of Project Lands during one or more of the three Project Phases, as follows: · Preliminary Construction Phase (PCP): That period prior to Financial Close in which Preliminary Construction Activities (PCA) are being undertaken, which started on 3rd December 2003 and due to finish at Financial Close in May 2005. · Construction Phase (CP): a period of 3 to 4.5 years (depending on the duration of in any particular Project Lands), starting at Financial Close and finishing when any particular construction in a Project Land is complete, but certainly before COD. If a Project Land is required only for the Construction Phase, then that Project Land should, in theory, be handed back to either GOL or the original owner and user in its original state. Thus, impacts experienced only in during this Phase (and not the Operating Phase) are termed temporary. However, in many cases, it may not be possible to hand back the land to the original users in its original state. Thus, from the point of view if the PAP, the impact is not temporary but permanent, and thus compensation should be considered also in this light. · Operating Phase (OP): That period starting at COD, and extending for the Concession Period of 25 years. In terms of social impacts and compensation strategies, it is the combination of Project Land Category and the duration (or Phase) that is important. For example: If a Project Land is Category 1 for either or both the PCP or the CP, this means a temporary loss of use of land or assets, on the assumption that it will be handed back in the same condition; If a Project Land is it is Category 1 for either or both the PCP or the CP, but is not handed back to PAP but rather to the GOL, then, it is permanently transformed, and in terms of PAP compensation is equivalent to permanent loss; Category 1 during the OP means permanent loss of the ownership and the use of the land and assets; and Category 2 means a temporary disturbance, and thus a disturbance allowance type compensation would be applicable, which will be dependant on the type and level and duration of that disturbance. ********** * * * ********** November 2004 Nam Theun 2 Project ­ Social Development Plan ­ Volume 4 13 Chapter 43: Preparation of L Resettlement Plans CHAPTER 43 PREPARATION OF PROJECT LAND RESETTLEMENT (LAND ACQUISITION AND COMPENSATION) PLANS Table of Content 43.1 INTRODUCTION - BASELINE STUDY AND COMPENSATION SCHEME DEVELOPMENT ...........2 43.2 BASELINE STUDY PHASE 1 .......................................................................................................3 43.3 BASELINE STUDY PHASE 2.......................................................................................................3 43.3.1 Introductory Consultations (VC Step 1)....................................................................................................... 4 43.3.2 Investigation of Family Livelihood and Land and Assets use and holdings............................................ 4 43.3.3 Measurement of Land/Assets........................................................................................................................ 5 43.3.4 Land Productivity and Assets Materials Assessment .................................................................................. 5 43.3.5 Field Asset Registration................................................................................................................................... 6 43.3.6 Temporary Assets Registration Form ........................................................................................................... 6 43.3.7 Project Land Parcel Assets Registry ............................................................................................................. 6 43.3.8 PAP Asset Registration Folio......................................................................................................................... 7 43.3.9 PAP and Project Land Parcel Asset Registry Database............................................................................. 7 43.3.10 Confirmation of actual Project Land requirement of HCJV/NTPC........................................................ 7 43.3.11 Finalization of PLP-AR and Compensation Scheme.................................................................................. 8 43.3.12 GOL Approval and effectiveness of Project Land Site Lease................................................................... 8 43.4 GEOGRAPHICAL GROUPING OF PROJECT LANDS FOR BS PHASE 2 AND COMPENSATION.... 10 43.5 PREPARATION OF COMPENSATION AGREEMENTS................................................................ 12 43.5.1 General Principles of Compensation and Rehabilitation.......................................................................... 12 43.5.2 Compensation Categories ............................................................................................................................. 12 43.5.3 Consultations and Participation in Compensation Planning.................................................................... 13 43.5.4 Consensus and Approval of Compensation Scheme................................................................................ 14 43.5.5 Temporary Compensation............................................................................................................................ 15 43.6 METHODS OF VALUING AFFECTED ASSETS AND COMPENSATION COSTS............................ 15 43.6.1 Methods for calculation of cash compensation cost................................................................................. 15 43.6.2 Methods for Calculation of 'Replacement' compensation cost................................................................ 16 43.7 INDICATIVE IMPLEMENTATION SCHEDULE ......................................................................... 17 43.8 GRIEVANCE REDRESS MECHANISM....................................................................................... 19 List of Tables Table 43-1: (preliminary) Grouping of Project Lands for purposes of compensation...............................10 Table 43-2: General schedule of Project Land activities in relation to key NT2 Project dates.................17 Table 43-3: Indicative Implementation Schedule, by Project Land group ...................................................17 List of Figures Figure 43-1: Flow Diagram Illustrating the General Process of the Baseline Study Phase 2 and Planning Compensation Scheme.......................................................................................................................9 Figure 43-2: Flow Diagram Illustrating the General Grievance Redress Mechanism .............................20 November 2004 Nam Theun 2 Project ­ Social Development Plan ­ Volume 4 1 Chapter 43: Preparation of L Resettlement Plans 43 PREPARATION OF PL RESETTLEMENT (LAND ACQUISITION AND COMPENSATION) PLANS 43.1 INTRODUCTION - BASELINE STUDY AND COMPENSATION SCHEME DEVELOPMENT The process for preparing Project Land Resettlement (land acquisition and compensation) Plans is a somewhat lengthy process due the combination technical, participatory and administrative activities. The process starts with the identification of impacted land and assets, through the identification of impacted persons or villages and various consultations, resulting in the conclusion of compensation agreements for each PAP. The two main programs in the preparation of such Plans are: (a) The Baseline Study; and (b) The development of a Compensation Schemes The Baseline Study is defined in the Concession Agreement Article 10 as follows; (a) (the Baseline Study is)....the ground study to be undertaken by the Company at a specific point in time prior to the commencement of the Preliminary Construction Works, which will identify and catalogue all man made improvements, not then comprising Project Assets, on or to the Project Lands; (b) the proposals by the Company for compensation to be paid by the company to those persons affected by any removal of those man made improvements from the Project Lands, and which requires the GOL's approval; and (c) Compensation to be paid for existing improvements: the GoL is required to ensure that Project Land designated for the exclusive use by the Company (Category 1 Project Lands) must be free of use or habitation by others. However the Company must compensate previous occupants for the value of their improvements to the Project Lands concerned. In order to ensure timely identification of the third party improvements on this land, the Company must, as a condition precedent to project works, carry out a Baseline Study showing those improvements and setting out the proposed compensation to be paid by the Company to those persons affected by any demolition and removal of those improvements. Thus, following the Baseline Study a Compensation Agreement will be developed and agreed to with each PAP. In developing the Compensation Agreement, the estimation of asset/land value (if required or applicable) will be based on the local market replacement value (if applicable), while estimation of the productivity may be based on either on (a) a community accepted productivity for a land assets or livelihood in the general area, or (b) a separate unique productivity given to each parcel of land or assets during the registration process. The Compensation Agreement will also specify the type of compensation applicable to each PAP, whether in cash, in kind (replacement of the land and/or assets), as rehabilitation (of the livelihoods) or some other form. Ideally, the Compensation Agreement should be finalized 3 months before any particular Project Land is transferred to a Contractor, in an "unencumbered" state. The objectives of the Baseline Study of Project Affected Lands are; 1. To produce maps and a database of land, assets and livelihoods directly affected by the construction on Project Lands, and an assessment of the extent of both direct and indirect impact on these livelihoods by construction on Project Lands. 2. To produce a detailed, official Registry of all assets and land areas in/on Project Lands, outside of the planned Nakai reservoir area, in a usable and updateable format (geographic information system (GIS) and database). This registry will be detailed at two levels; (i) at the level of Project Land, and (ii) at the level of each family with assets in/on Project Lands (PAP assets registration). November 2004 Nam Theun 2 Project ­ Social Development Plan ­ Volume 4 2 Chapter 43: Preparation of L Resettlement Plans 3. To make an estimation of (i) the current value and/or productivity of these assets, land areas and livelihoods within Project Lands, (ii) the degree of impact on villager assets, land and livelihoods in relation to total villager assets and livelihoods, and (iii) to make a compensation recommendation. 4. This registry and compensation recommendation (for each PAP) must be reviewed and then approved by the NTPC and RC/RMU, who will use this information as a basis for developing Compensation Schemes and Compensation Agreements. In essence, the objective is to produce a 'signed-off' registry of all land and asset location, dimensions and productivity for each PAP, which, together with a compensation recommendation, will then be the basis for the final Compensation Agreement between the PAP and the RC. 43.2 BASELINE STUDY PHASE 1 The Phase 1 of the Baseline Study has been completed for most Project Lands, except the Transmission Lines, and examples of the output from this Phase 1, and a full explanation of how it was conducted, is provided in Appendix O. The Baseline Study Phase 1 involved; Preliminary mapping and database development, based on detailed (0.6m resolution) satellite photos, and preliminarily assessment of impacts by digitization of lands and assets seen to lie within Project Lands. This enables development of a database and maps of (a) numbers, and (b) the size of land and assets under Project Lands (as mapped in the Concession Agreement); and Production of preliminary GIS maps, overlain on satellite photos, of Concession Agreement Project Land polygons, land use and forest cover, resources use, and community impacts; and Production of an assets and land database, at level of Project Land.; A summary of land and assets identified under the Concession Agreement defined Project Lands is summarized in Appendix P, Table 1. 43.3 BASELINE STUDY PHASE 2 The Baseline Study Phase 2 is the field survey being undertaken to: (a) confirm land/assets location, dimensions and productivity; (b) to verify and/or identify the owner or user of each impacted land and asset; (c) to estimate the significance of the Project Land impact on a PAP, in relation to the total livelihood of that PAP, and the verify the ethnicity of the PAP. (d) to estimate the impact on community livelihoods impacted by a Project Land The following activities are being undertaken as part of the Phase 2 of the Baseline Study: (i) District and then Village level consultations (Village/PAP Consultation Step 1) in which the NT2 Project, as whole, is explained, and then an explanation and illustration of the general extent of Project Lands polygons (in relation to the village), and presentation of the digitized map of villagers land and assets under these Project lands. Thus, this consultation must include: (a) an explanation of the predicted or definite level of impact on PAP land and assets, presented to village as a whole at this stage, (b) an explanation of the entitlements and options for compensation; and A family level interview survey is then conducted, based on a detailed questionnaire and map, to ascertain the livelihoods and especially the location and number of productive land and assets, of each potential PAP (this is considered as the second step in Village/PAP consultation). (ii) Preliminary identification - on the photo satellite map - of each families claimed land and assets, within each Project Land; November 2004 Nam Theun 2 Project ­ Social Development Plan ­ Volume 4 3 Chapter 43: Preparation of L Resettlement Plans (iii) Field surveys to verify (a) the location, boundaries and neighbors of each PAP land, (b) the size, dimension and materials of the land or assets, (c) the productivity and use made of the land/asset. A field registration form will be drafted at this stage; (iv) Drafting and signing of the Temporary Asset Registration Forms, for each land or assets, by each PAP or PAV. This registration form may include a mutually agreed estimate of the assets/land value, replacement cost or productivity; (v) Each PAP Asset Registration Form is then collated into a (a) Project Land Parcel Assets Registry, and (b) a PAP Assets Registration Folio; (vi) Disclosure of the Temporary Land and Assets Registration forms to the general public to enable any counter claims made on the ownership or use of land and assets; and (vii) Submission of the PL Parcel L/A Registry to (a) NTPC and (b) the Resettlement Committee. Teams comprised of NTPC staff, hired Contractors, and GoL staff will be formed to undertake these various tasks. The teams will have a suitable gender and ethnicity balance. Prior to entry into a village or onto village land, the Baseline Study team will ensure appropriate consultation with the Village Administration, and prior to entry into the household, or onto household land, ensure appropriate consultation with the head of the household. 43.3.1 Introductory Consultations (VC Step 1) The Baseline Study team will organize with village leadership to conduct a series of village meetings in order to introduce the NT2 Project as a whole, and then the concept of Project Lands. It will them illustrate the location of Project Lands which are relevant to a village by using enlarged satellite photos of the areas in and around the Project Lands. These photo-maps clearly show most assets (dwellings etc) and most productive land use features (see Appendix O for examples of these photo-maps). They will be used during village meetings, and also posted on village notice inboards. These consultations will also attempt to identify all and every family that has an asset, land or otherwise derives a livelihood in the area of the Project Land. The actual Project Land polygon which is used in these introductory consultations with villages may be the Project Land as specified in the Concession Agreement, which may be a corridor or a maximum area of land required, not the real requirement to be handed over. In any case, it is still only a preliminary indication of the location of the Project Land until conformation is provided by the NT2 Project. The introductory village consultation will also introduce the Compensation entitlements and policies, and the compensations options, for the initial consideration of the vilagers. 43.3.2 Investigation of Family Livelihood and Land and Assets use and holdings A proforma questionnaire and a working process have been developed whereby all household (i) socio- economic, (ii) land and forest use, (iii) land and forest asset holdings, and (iv) ethnic data are collected thru discussion and review with each houshold. Such detailed data is required to assess the significance of the prject land imapct inb terms of the while livelihood of the family. It may be that the Project is taking more than 25 % of their land, assets and/or livelihood. In this case, older aerial photos and new satellite imagery may be used to facilitate assessment of PAP land assets outside the Project Land parcel. As the Baseline Study team moves thru the area, and as the livelihood and land use data is collected before the field surveys, the livelihood survey team must decided which families it interviews. As a rule, village meetings and the detailed review of satellite photo-maps, and digitized assets under Project Lands, will identify most of the families with land and assets in the area. However, the team must still decide if all families in a village, or only selected families should be surveyed, and there may be two general scenarios, as follows. Scenario 1: For certain Project Lands, socio-economic (livelihood) and land use data should be gathered at the family level from every family in the village. This will ensure that all available data is available as a basis for compensation negotiations in cases where (i) it is not sure exactly which families are impacted, and/or (ii) a significant % of village families are likely affected November 2004 Nam Theun 2 Project ­ Social Development Plan ­ Volume 4 4 Chapter 43: Preparation of L Resettlement Plans by Project Land impacts, then the gathering of such data from all families in that village will be required. Scenario 2: In cases where the village authorities can guarantee that they can accurately identify all those PAPs for a particular Project Land parcel, then only these PAPs would be surveyed. In this case, the team would interview and gather data from only those households identified. 43.3.3 Measurement of Land/Assets Following the livelihood surveys and preliminary identification - on the photo-maps - of ownership of land and assets, the Baseline Study team embarks on the field work to verify the location, the boundaries, the dimensions and the productivity of the land and assets. In addition, the field survey confirms who are the neighbors of a particular land and/or asset, as these neighbors have to certify, on the field registrations form, the boundaries of respective land/assets. The two methods used to survey and measure land and assets will include; i) For land and assets clearly shown on the satellite photos, ground truthing of the remote sensed and digitized data developed in Phase 1, which in most cases has been found (verified) to be accurate and sufficient enough to be considered the `land measurement' process, and certainly acceptable to local villagers; ii) For assets and land which are not clear, or which have been developed or built after the acquisition of the satellite photos (eg new shifting cultivation fields), or are not definable by Phase 1 (such as community forest, and fishing preserve etc) then they will be measured in the field by either; · normal GPS units, the accuracy of which has been found to be acceptable to all stakeholders; · use of a total station method; or · chain(rope/measuring tape) and compass method, mainly for measurement of houses and other buildings. Physical demarcation of the areas studied and catalogued, at the time of measuring/study, may be required for some Project Land Areas, to both (a) facilitate understanding of the perimeter of the total concession areas within which the survey will be undertaken, and (b) to clearly identify for local stakeholders those areas within which post-study developments or activities (by these or any stakeholders) would not be the subject of Company/RMU compensation. 43.3.4 Land Productivity and Assets Materials Assessment The assessment of the productivity of land or other productive assets, and the assessment and recording of the type and quality of materials which a fixed assets may be made of, is a sensitive issue. It is sensitive because it will ultimately be an important basis on which to develop a compensation agreement. In the case of the productivity of land or other asset, there are two ways to approach this issue; (a) from a group or community perspective, in which land or other assets of a similar nature in a the same general vicinity are allocated a mutually agreed level of productivity. (b) on a case-by-case basis, in which each land or other asset owned by a PAP is assessed for its productivity. The first option is advantageous, and may be the most realistic option, as in many cases the field survey is undertaken when the land is not actually in production - for example, there is no crop in the ground or near to harvest, or it is difficult to estimate fish catch. In addition, yields vary from year to year, and thus average yields may be more acceptable. Nonetheless, the case of each PAP must and will be considered, and thus an initial declaration of productivity is made by each PAP at the time of livelihood and assets survey. This declared productivity is November 2004 Nam Theun 2 Project ­ Social Development Plan ­ Volume 4 5 Chapter 43: Preparation of L Resettlement Plans then checked in the field by the field survey team. Each declared and verified productivity will then be reviewed, and presented to the DCWG for adjudication. In the case of the assessment and recording of the type and quality of materials of fixed assets, this will be done totally by the field survey team, with detailed recording on the survey form and photograph used to illustrate the same. 43.3.5 Field Asset Registration The field survey team which is verifying information collected in the livelihood survey, verifying neighbors of a particular parcel of land and conducting measurement as required, will draft and complete a Field Assets Registration Form, with one generic pro forma for productive assets and one pro forma for fixed assets. The will also use field maps to verify and mark locations. This Field Assets Registration Form is 'signed off' by (i) the PAP, (ii) persons who own land immediately adjacent and around the land or asset under survey, (ii) the Districts land officer, and (iv) the NT2 Project surveyor. 43.3.6 Temporary Assets Registration Form All Field Assets Registration Form and field maps are returned to the Baseline Study field office, to be transformed into Temporary Assets Registration Forms. This is effected by entering the data from the Field Assets Registration Form into the GIS database, which then generates a Temporary Assets Registration Form, for each asset, for each PAP. Each Field and then Temporary Assets Registration Form will include the following information. · Asset ownership details, · Asset Type, · Specifications of asset: · Estimated OR actual productivity of the asset. · Map of the land/asset (GIS generated), overlaying a satellite image if appropriate; The Temporary Assets Registration Forms will then be signed by (i) the PAP, and (ii) the District Lands office, and; (a) one copy will be returned to the owner, as a folio (PAP-ARF): (b) one copy will be added to a PAP-ARF held in the Project Office; (c) one copy will be added to the Project Land Parcel Assets Registry held in the Project Office; and (d) one copy will be publicly posted, as disclosure. The Temporary Assets Registration Forms are termed 'temporary' because; > it may be modified after review by other villagers; > it may be modified after review by RC and NTPC; and > it may be modified after communication of the final and actual requirement for land within any particular Project Land by the NTPC and its HCJV. In addition, the word 'temporary' is used in this registration document as this registration is not a 'land title' as such, and should not be construed to be a land title. 43.3.7 Project Land Parcel Assets Registry As each PAP-ARF is developed for any particular Project Land, a Project Land Parcel Assets Registry (PLP-AR) will be developed for each Project Land. This PLP-AR will be a compilation of each land and assets registration of each PAP in that Project Land. It will also include all of the PAV registration for that Project Land, if any. November 2004 Nam Theun 2 Project ­ Social Development Plan ­ Volume 4 6 Chapter 43: Preparation of L Resettlement Plans Once a registry is complete for any particular Project Land parcel, a summary table is generated, and a copy of both the summary tables and the full Project Land Parcel Assets Registry is provided to NTPC, who will then submit it to the Resettlement Committee for review and approval 43.3.8 PAP Asset Registration Folio As noted above, in parallel to the development of the Project Land Parcel Assets Registry, a folio will be s established for each PAP and PAV which compiles all of the impacted land and assets registration (temporary first, and then final).This PAP-ARF is a live document, in that it may need to be updated because; (a) a new project lands are progressively surveyed, possible new land and assets may be added to a PAP folio; (b) as the temporary registration changes to an final registration - dependant on both (i) no claims against the registration, and (ii) confirmation og the actual areas of land impacted. 43.3.9 PAP and Project Land Parcel Asset Registry Database The data generated in all of the above activities will be entered into a GIS linked land/asset registry database (see section Appendix O). The actual method of entry will depend on the method of measurement. Most ID and measurement methods will facilitate database entry in the field, but these will then have to be downloaded into the main database, usually on a daily basis. Manually measured assets will have to be transferred and also entered into the main database. This database will be able to (amongst other things); (i) continually update the general/overall map of assets ID and location, and their general dimensions; (ii) provide accurate maps of each assets dimensions (and thus areas) ­ to be used for assets registration; and. (iii) draft and print the registration documents. As noted above, both the PL Parcel Asset Registry and the PAP Asset Registration folio will be live documents, as they may or will require updating and finalization, in the following circumstances. (a) after the period of disclosure, and pending (i) approval by the NTPC and the RC, and (ii) no counter claimants to the land or assets, each Temporary Assets Registration Form may need to be modified. (b) at the time of temporary or official registration, the Project Land - the land area actually required - may not have been finalized by the NTPC and/or its HCJV. Once the actual requirement of land has been finalized and communicated to the Baseline Study team, then the final area of impact is known and any amendments made to the registry of impacted assets may need to be revised. 43.3.10 Confirmation of actual Project Land requirement of HCJV/NTPC As noted above, the delimitation of Project Lands used in the Phase 1 of the Baseline Study were those mapped in the Concession Agreement. They define the maximum area in with the HCJV and/or NTPC may choose to construct project facilities. In many cases, the Concession agreement maps were wide corridors, and in many cases the areas mapped are significantly larger than will eventually be required by the HJCV and /or NTPC. In some cases it may be unadvisable to register all assets under these corridor type Project Lands. In all cases, it would be unadvisable to enter in Compensation Agreement on the Concession Agreement Project Lands before it is confirmed exactly what lands are required. Thus, as the detailed design process progresses and is finalized, the HCJV and/or NTPC must inform the GOL and the NTPCs Baseline Study team of the confirmation, finalise the location, in terms of geographical coordinates and a map, and the shape and dimension of each Project Lands. Experience to date that thus confirmation will be on a Project Land parcel by parcel basis, up until or just before Financial Close. November 2004 Nam Theun 2 Project ­ Social Development Plan ­ Volume 4 7 Chapter 43: Preparation of L Resettlement Plans 43.3.11 Finalization of PLP-AR and Compensation Scheme Once the HCJV and/or NTPC confirmed their exact requirement of each Project Land, the NTPC Baseline Study team will have to update the PLP Assets Registry, and also the PAP Assets Registration Folio. It is on the basis of these final registrations that the Compensation Schemes, and individual PAP Compensation Agreements will be based. 43.3.12 GOL Approval and effectiveness of Project Land Site Lease Following updating of the PAPL-QAR and the PAP-ERF, these, and the proposed compensation Scheme are then resubmitted by NTPC to the GOL. The GOL must approve the registry and the Compensation Schemes in order for the Project Land Site Leases (as specified in the Concession Agreement) to become effective. November 2004 Nam Theun 2 Project ­ Social Development Plan ­ Volume 4 8 Chapter 43: Preparation of L Resettlement Plans Figure 43-1: Flow Diagram Illustrating the General Process of the Baseline Study Phase 2 and Planning Compensation Scheme. Figures 45-1: Process of Baseline Study Phase 2 and Preparation of Compensation Plans Initial Consultations with District and Impacted Communities Info, Data, Maps from Baseline Study, Phase 1 Village/PAP Public displays, meeting tool Explanation and review Consultation Display Maps and Photos of · NT2 Project Step 1 Project Lands · Project Land categories · Compensation Strategy Yes Are there any Villager · Baseline Study Process (private) Assets ? Village/PAP PAP Livelihood and Assets Are there any GOL or Consultation questionnaire/map survey Community Assets ? Step 2 Village/PAP Field Verification Survey: No Consultation location, boundaries, size, productivity Step 3 Field Asset Registration Form Yes District Issuance of · Enter to database/ produce map Notice of · Temporary Asset Registration Form Unencumberance Participatory survey of Survey of timber Community Assets PAP Registration Folio Project Land Parcel Assets PAV Impacted Approvals and Registry - PLPAR Livelihoods Folio Arrangements for Logging Village/PAP NTPC submit to GOL Develop PAP Consultation Compensation Schemes Village/PAP RC Approval of PLPAR Develop PAV Step 4 a Compensation Schemes Consultation NTPC submit to GOL Step 4b RC Approval of Compensation Scheme Agreement on NTPC/HCJV Confirm Land Requirement Temporary PAV salvage logging, Logging and clearance Compensation (updated) PAP Registration Folio (updated) Project Land NTFP collection of land Parcel Assets Registry Issuance of Temporary Compensation RC Approval of updated PAP Folio and PLP Asset Registry Updated PAV Impacted Livelihoods Folio Handover of PL to HCJV Village/PAP PAP Consultation Compensation Development of Compensation Plans PAV Village/PAP Step 5 a Agreements Participatory components Compensation Consultation Technical components Agreements Step 5b Implementation of Compensation Plans November 2004 Nam Theun 2 Project ­ Social Development Plan ­ Volume 4 9 Chapter 43: Preparation of L Resettlement Plans 43.4 GEOGRAPHICAL GROUPING OF PROJECT LANDS FOR BS PHASE 2 AND COMPENSATION While each or any Project Land may be required to be handed over to the NTPC and/or HJVC at any time over a 2 year period, this timing is not relevant to villagers impacted in terms of long term planning of their compensation. When Project Lands are concentrated in an area, or at least in the same general vicinity, any particular PAP or PAV may have assets in more than one of these Project Lands. Thus, for the registration of assets, for the planning and for the eventual implementation of compensation options for the impacts in that general vicinity, it has been judge to be more efficient to conduct activities with PAPs who are affected by a 'group' pf Project Lands. Thus, for the purpose of the Baseline Study Phase 1 and 2, for the Consultations with villagers, and the then for the compensation planning and implementation process, the Project Lands will be grouped as follows; Table 43-1: (preliminary) Grouping of Project Lands for purposes of compensation PL no. Category Description of Project Land group 1 1a 1 Phou Phako Quarry 1b 2 Access Road to Phu Phakho Quarry 2 2 Road 8B: Dam Site Access Road to Phou Phako Quarry Access Road Junction 3 2 Road 8B: Phou Phako Quarry Area Access Road Junction to Lak Sao group 2 4 1 Dam Site Access Road - from Nam Nian to Dam Site along Nam Theun 5 1 Nakai Dam Site 6 1 Nakai Dam Access Road 7 2 Road 8B - Ban Nam Nian to Dam Site Access Road turnoff group 3 8 1 New Road 8B - Alignment between Thalang and Nam Nian 9 2 Existing Road 8B - Alignment between Thalang and Nam Nian group 4 10 1 New Road 8B - Alignment between Oudomsouk (SD 12B) and Thalang (not incl. access roads) 11 1 Access Roads for new alignment of Road 8B between Oudomsouk (SD12B) and Thalang 12 2 Existing Road 8B - Alignment between Oudomsouk (SD 12B) and Thalang group 5 13 1 Access Road - to Saddle dams 13A/14A 14 1 Saddle Dam 13A 15 1 Saddle Dam 14A group 6 16 2 Existing Road 8B - Alignment between centre of Oudomsouk to southern edge of SD 12B 17 2 Old road alignment between Oudomsouk to construction camp area SE of Oudomsouk 18 1 Saddle Dam 12B 19 1 Saddle Dam 1A, 2B 20 1 Intake Structure, Saddle Dam 4A & Construction Camp Area Southeast of Oudomsouk group 7 21 1 new Road section b/w Const. Camp SE of Oudomsouk to S-E. Incl. SDs 5A, 6B, 7A, 8A, 9A 22 1 Saddle Dam 10A 23 1 Saddle Dam 11A 24 2 Road - Old alignment SE of Oudomsouk near SD 10 & 11 November 2004 Nam Theun 2 Project ­ Social Development Plan ­ Volume 4 10 Chapter 43: Preparation of L Resettlement Plans PL no. Category Description of Project Land 26 1 Headrace channel & construction camp adjacent to west group 8 27 2 Surge Shaft Access Road - From Intake Area 28 1 Surge Shaft Area 29 2 Surge Shaft Access Road - From Road 8B group 9 30 1 Headrace Tunnel Access portal, road 31 1 Headrace Tunnel Access portal spoil area 32 2 Road 8B, from Power Station to Oudomsouk town group 10 33 1+2 Power Station Site, and associated areas 34 1++ Regulating Pond (incls 3 camp areas, and includes TL, Road 8B) to Reg Dam 35 1 Regulating Dam area - includes UXO area, part of TL & Road 8B & spoil area 36 1 Residence Nam Theun group 11 37 2 Road 8B - Gnommalat to Regulating Dam (center of Nam Gnom) 38 1+ 2 Downstream Channel, including indicative spoil locations 52 2+ 115 & 500 kV Transmission Line from Regulating Dam to turnoff to Thakhek and access roads 39 1 Access Road - to Downstream Channel North of Gnommalat group 12 40 1 Camp Area - Near Road 8B/12 Junction 41 1 CW3 working area south of Road 8B/12 junction 42 1 Phou Phathoung Quarry Access Road 43 1 Phou Phathoung Quarry Area 44 1 Camp Area - North of Downstream Channel Tunnel on Road 8B 46 1 Camp Area - South of Downstream Channel Tunnel on Road 8B 47 1 Southern downstream Channel Tunnel Access Road & CW3 Work area 48 1 Camp Area - on Road 8B before Xe Bang Fai Access Road group 13 49 1 Access Road - to Xe Bang Fai Confluence & XBF confluence Area (incl. camp area, work area) 50 1 CW working area at entrance to Xe Bang Fai access road 51 2 Road 12 - Road 8 & 12 Junction to Gnommalat group 14 53 2 115 kV Transmission Line from turnoff to Thakhek to Thakhek and access roads 56 2 Road 12 - from Southern turnoff to Mahaxai to Road 8 & 12 Junction 57 2 Road 12 - Thakhek to southern turnoff to Mahaxai group 15 54 2 500 kV Transmission Line from turnoff to Thakhek to Savannakhet NOT including access roads 55 2 500 kV Transmission line access roads (multiple pieces of land) November 2004 Nam Theun 2 Project ­ Social Development Plan ­ Volume 4 11 Chapter 43: Preparation of L Resettlement Plans 43.5 PREPARATION OF COMPENSATION AGREEMENTS 43.5.1 General Principles of Compensation and Rehabilitation The Compensation Scheme being developed by the NTPC is based on entitlements defined in the Concession Agreement and World Bank and ADB safeguards policies guidelines (see section 44.3). As a general rule, there are two main types of possible compensation; 1: payment of cash compensation for lost production or fixed assets; or 2: compensation by way of direct replacement, by rehabilitation or relocation. Choice of the compensation type to be offered or reviewed with each PAP and PAV depends on three main factors, in decreasing order of importance; (i) The significance of the impact, in relation to the remaining livelihood of the PAP family. for example, if the impact is small ( < 20 % of the PAPs total livelihood), then a 'cash' type of compensation is an acceptable option, although the use of this cash should also be managed; if the impact is medium or large (that is, the impact would mean loss of more than > 20 % of the families total livelihood) then direct replacement or development of alternative livelihoods is the option that will be promoted. (ii) The concerns and proposals of the PAPs and PAV themselves. For example, if the impact is estimated to be more than 20 % of the PAP families total livelihood, yet they strongly request compensation in cash, then this will be seriously considered, on a case by case basis. (iii) In cases where replacement, rehabilitation or relocation are not feasible or possible, then again cash compensation may be considered. If cash compensation is appropriate, then the Project (GOL and NTPC) must ensure that this cash is used in an appropriate and productive manner, or even used directly to purchase useful or production inputs (eg, power tiller, buffalo, fish pond, etc). If the "land for land", "livelihood for livelihood' or "asset for asset" compensation is the appropriate path to follow, then the project is obligated as follows: · for houses, the same entitlement as the for Nakai reservoir resettlement, which is either(a) a house of minimum size of 14m2 per person, and made if wood, or (b) if the size of original (impacted) house is larger than this, then at least the new house should be that size and of the same material; · for other buildings, full replacement, as per original building, materials etc, · for paddy, gardens, fish ponds etc, replacement land (with title) of equal productivity or replacement livelihoods 43.5.2 Compensation Categories The development of a Compensation Scheme requires an analysis of the compensation categories and the possible ways of determining compensation rates. As described above, there are three main compensation categories, although more may arise as experience develops during the Project Land Baseline Study and then compensation process. 43.5.2.1 Permanent Loss (and permanently transformed) Permanent loss will occur generally under (a) Category 1 Lands for the Operating Phase; and (b) Category 1 lands for the Construction Phase only, but under which the lands are permanently transformed away from their prior use, as are roads and saddle dams. November 2004 Nam Theun 2 Project ­ Social Development Plan ­ Volume 4 12 Chapter 43: Preparation of L Resettlement Plans For permanent loss of land and/or assets, the owner (PAP) is offered a "replacement cost" sufficient to actually replace lost land and assets, for example with land of equal productivity, and assets of equal value/quality/sizes. 43.5.2.2 Temporary Loss Temporary loss of land and assets will occur under areas designated as Category 1 land during either the Preliminary Construction or Construction Periods, but not during the Operating Period, and that are then returned to the owner in, more or less, their original condition. The Landowner is offered a "rental (or subsistence) allowance" for the period of loss. The "rental allowance" is equivalent to the lost net productive value of the land at the local market value for the year in which the compensation is paid. At the end of the "rental" period the productivity of the land is assessed against the productivity prior to the "rental" period. If the productive land has not been adversely impacted the land will be returned to the Landowner. However, if the land has been adversely impacted, then the Landowner is either offered (a) assistance to restore the productivity of the land, or (b) the "replacement cost" that is sufficient to replace the lost value at the local market value for the year in which the compensation is paid. Thus, an important parameter relating to temporary loss is the actual duration that the land is lost, as the compensation strategy for periods or, say 1 week, 6 months or 3 years will be significantly different. For example, where civil works are over a prolonged period then relocation of families to a permanent site may be necessary and such a plan would need to be considered in consultation with the PAP. 43.5.2.3 Possible temporary disturbance Temporary disturbance will occur in areas designated as Category 2 land, and at no stage designated Category 1 land, and where, from time to time, the construction contractor may require land for his activities or otherwise disturb the productivity or income generation or livelihood activities of PAPs in close proximity to the construction activities. The Landowner may will offered a "disturbance allowance" for the period of disturbance. The "disturbance allowance" will be sufficient to cover the economic loss incurred by the disturbance. At the end of the "disturbance" period the productive value of the land is assessed against the value prior to the "disturbance" period. If the land has been adversely impacted the Landowner is offered the "replacement cost" that is sufficient to replace the lost value at the local market value for the year in which the compensation is paid. 43.5.3 Consultations and Participation in Compensation Planning The development of a Compensation Scheme for each group of PAP/PAV affected by one or a group of Project Lands will require a cyclical process of review, proposal and re-review by both the affected villages and persons, the NTPC and the GOL. While the NT 2 Project will explain to each PAP/PAV the policy entitlements and the various options which the project considers as possible, it will be to the actual affected villagers to review and discuss these options and present proposal as to what is preferred or required by them. Such review and proposal process will be undertaken in various steps. For example, the Village and PAP Consultation Step 1 is the introductory workshop between the project and the villages as described in section 45.3.2 above. The second Village and PAP Consultation Step is the investigation of each potentially affected PAPs livelihoods and land and assets, both in and outside the Project Lands, using a questionnaire proforma, informal discussion and a satellite photomap, As described in section 45.3.2 above November 2004 Nam Theun 2 Project ­ Social Development Plan ­ Volume 4 13 Chapter 43: Preparation of L Resettlement Plans The third Village and PAP Consultation Step is the field level investigation and measurement of assets, as described in section 45.3.3 to 45.3.5 above. The fourth step in Village and PAP Consultation is the processing of reviewing data (the PAP-ARF and PLP-AR) and then developing a general Compensation Scheme for either (a) the village level , or (b) the Project Land level; This Compensation Scheme will include the following issues: the compensation options chosen by villagers, for each assets type in the case of rehabilitation options, a strategy by which each compensation option will be implemented in the case of cash options, how the cash payment will be calculated in the case of relocation and rebuilding of fixed assets, how this will be implemented; any individual PAP variations from the general, community consensus options adopted The process for conducting these consultations will be flexible - and could be undertaken in parallel to, or just after activities 2, 3 and 4 above - but should include at least the following activities; (a) Villagers are given a copy of each TARF, as a folio termed the PAP-ARF, and this is explained to each PAP; (b) The villagers are then asked to review the impacts and entitlements by themselves, and within the village. If required, the Project may facilitate intra-village meetings; (c) Villagers are then asked to present, as a village, their proposals and/or options for consultations, a joint Project - village workshop; (d) In parallel, Project staff conduct private interviews with each PAP to ascertain their wishes for compensation; (e) Project staff then summarize the Compensation options and proposal from villagers, and draft a Compensation Scheme; and (f) The Compensation Scheme is posted publicly, and at the same time reviewed by the NTPC and the RC. The fifth Village and PAP Consultation step can be undertaken once the exact land requirement - and thus exact impacts - are know, and the preliminary Compensation Scheme is produced ( by Project Staff) as a final Compensation Scheme document for public disclosure and discussion. The villagers are then facilitated in their review of the scheme, and each PAP is then solicited and advised in order to develop PAP Compensation Agreements with each PAP. It is expected that most of the PAP Compensation Agreements will be consistent with the general Compensation Scheme. if they are not, then they will be noted as exceptions to the general Compensation Scheme, but nonetheless be accepted by the Project, and implemented, provided there is NTPC and COL concurrence. 43.5.4 Consensus and Approval of Compensation Scheme While the compensation scheme will be developed primarily by the participation of the affected villagers, it still must get the approval of other key stakeholders, such as the NTPC, the DCWG, the RMU and the RC. These stakeholders will undertake a combined, in parallel, review of the proposed compensation scheme and options as proposed by villagers. Where possible a consensus on a compensation scheme is found and returned for to the village for their acceptance or otherwise. Both the draft and then the final Compensation Schemes will also be sent to the WB and the ADB for their review and comment. November 2004 Nam Theun 2 Project ­ Social Development Plan ­ Volume 4 14 Chapter 43: Preparation of L Resettlement Plans 43.5.5 Temporary Compensation In some instances, the payment of temporary compensation may need to be considered, for example in the following scenarios; (a) The exact requirement for Project Lands by NTPC or the HJJV may not be known at the time that the Compensation Scheme is first developed in the participatory prcess referred to above; (b) The required consensus on the Compensation Scheme may take some time to develop; and (c) While a Compensation Scheme and/or PAP Agreement may be finalized, the actual implementation of compensation - especially livelihood rehabilitation type compensation, may take some time to fully implement. Such temporary compensation is likely to be a cash equivalent to the net production lost per season from the lost productive asset. 43.6 METHODS OF VALUING AFFECTED ASSETS AND COMPENSATION COSTS The methods used to estimate current asset value and indicative compensation costs will need to be refined closer to the actual period of compensation, and especially when there is a better understanding of; (a) what replacement assets and land are actually available; and (b) exactly what type of compensation package the Project Affected Peoples (PAPs) require. However, the basic principles will not change, and this is that the PAPs will be compensated so that they can restore their land and assets livelihood, and assets for assets or land for land is the main focus. 43.6.1 Methods for calculation of cash compensation cost Cash compensation will normally only be considered where: (a) the PAP voluntarily moves from the District; or (b) the land and assets to be impacted is a relatively small proportion (< 20 %) of the PAP livelihood; or (c) where suitable alternative land or assets cannot be provided or developed (e.g. mature fruit tree, no paddy fields, bamboo groves etc ) or is a long way away, and the affected household or person owning separate land in two different locations may provide an additional burden on the household. The cost of compensation in cases where Cash Type of compensation is agreed upon will be comprised of two components: (1) a cash payment for acquisition of the land or assets acquired by the NT2 Project, at the local market value, under a no-project scenario; and (2) a payment for the loss of future productivity from that land or asset. For cash compensation component (1) there are a number of ways in which to estimate the cost of land or assets acquisition: (i) Estimation of the current market value of the land or assets, on the assumption that there is a market, and that the market can supply replacement land of equal productivity. Thus, this current market value would reflect the cost of purchasing land or assets of equal productivity. Use of this method may be difficult in some impacted areas such as of Nakai and Gnommarlat, and Mahaxai to an extent, as the land (and building) market will be very distorted once the NT2 Project has started in this area, and the calculation of a mutually agreeably 'current market value' may no be possible. Thus, an assessment has to be made of the market value in a non-project scenario. (ii) Another way in which villagers sometimes calculate the value of there land is to put a value on the labour and other costs they invested in opening up and developing the land and asset. November 2004 Nam Theun 2 Project ­ Social Development Plan ­ Volume 4 15 Chapter 43: Preparation of L Resettlement Plans (iii) In some case, the land or assets may have recently been purchased by the PAP, and thus obviously that purchase price, if officially verified, would be the basis on which to 'purchase' the land or asset. For cash compensation component (2) there are a number of ways in which the level of cash compensation for Category 1 (permanent) loss can be based or calculated, as follows a) The accumulated productivity of the impacted land over a certain number of years. The GoL Draft Technical Guidelines for Resettlement and Compensation recommend that "due to the virtual non- existence of rural land markets the compensation should be determined based on the average productive values of land based on the past three to four years of production, and should be equivalent to at least 6-7 years of harvest value". b) The Net Present Value (NPV) of the lost production. This method is based on calculation of the cumulative losses over the life of the project (to infinity on this case) calculated at its Net Present Value (NPV), using a mutually agreed upon discount rate. On the assumption that local villages may not understand the concept of NOV, and possible lack of consensus on what discount rate to use, it is assumed that the 7 years accumulated productivity will be acceptable to most stakeholders. 43.6.2 Methods for Calculation of 'Replacement' compensation cost Calculation of the replacement compensation cost will be based on the actual cost of replacement, the actual cost of a program to rehabilitate the lost livelihood of a PAP family, as follows; a) for land and assets which are readily available on the market, then the cost of replacement will be the actual cost to purchase such lands and assets, plus transaction costs, at the price on the day of purchase. b) if land or gardens or equal productivity are not available on the market, then the cost of compensation is the cost of land purchase (if required) and then the cost of developing that land to the productivity of the PAPs original land, be it rainfed or irrigated paddy, garden or whatever. c) for fixed assets (buildings) that need to be rebuilt, then the compensation cost is the cost of rebuilding that asset, minus the cost of materials which could be salvaged from the original asset. In addition, land may need to be purchased on which to build the building. November 2004 Nam Theun 2 Project ­ Social Development Plan ­ Volume 4 16 Chapter 43: Preparation of L Resettlement Plans 43.7 INDICATIVE IMPLEMENTATION SCHEDULE The general scheduling for the Project Land Acquisition and Compensation activities in relation to the key (contractual and construction) dates of the NT2 Project is illustrated in table 45-2 below. Table 43-2: General schedule of Project Land activities in relation to key NT2 Project dates 2002 2003 2004 2005 2006 2007 A key NT2 Project Dates 1 Concession Agreement 2 Power Purchase Agreement 3 Preliminary Construction Activities 4 Notice to Proceed 5 Financial Close - FC B key Project Lands activities 1 Baseline Study Phase 1 (not inlc TL) 2 Baseline Study Phase 1: Transmission Lines 3 Baseline Study Phase 2 4 Consultations re. compensation 5 Temporary Comnstaion Agreements 6 Compensation Agreements - PCA 7 Compensation Agreements - CA 8 Hand over to HCJV for PCA 9 Hand over to HCJV for CA 10 Compensation Implementation As general rule, the Baseline Study Phase 1 and 2, and the Compensation planning and implementation will be undertaken for villages within the vicinity of each group of Project Lands, group by group. The planned scheduling of the key activities in each group is presented in table 45-3 below. Table 43-3: Indicative Implementation Schedule, by Project Land group 6 monthly periods 11/03- 5/04- 11/04- FC- 11/05- 5/06- 11/06- 5/07- 6/03 12/03 6/04 12/04 FC 12/05 6/06 12/06 Project Land Group 1 (i) Baseline Study Phase 1 (ii) Baseline Study Phase 2 - PLPAR and PAP - ARF (iii) Approval of BS Phase 2 by RC (iv) Development of Compensation Scheme (v) Consensus and Approval of Compensation Plans (vi) Implementation of Compensation Plan Project Land Group 2 (i) Baseline Study Phase 1 (ii) Baseline Study Phase 2 - PLPAR and PAP - ARF (iii) Approval of BS Phase 2 by RC (iv) Development of Compensation Scheme (v) Consensus and Approval of Compensation Plans (vi) Implementation of Compensation Plan Project Land Group 3 November 2004 Nam Theun 2 Project ­ Social Development Plan ­ Volume 4 17 Chapter 43: Preparation of L Resettlement Plans 6 monthly periods 11/03- 5/04- 11/04- FC- 11/05- 5/06- 11/06- 5/07- 6/03 12/03 6/04 12/04 FC 12/05 6/06 12/06 (i) Baseline Study Phase 1 other activities not required, as few, if any private or community assets Project Land Group 4 (i) Baseline Study Phase 1 (ii) Baseline Study Phase 2 - PLPAR and PAP-ARF (iii) Approval of BS Phase 2 by RC (iv) Development of Compensation Scheme (v) Consensus and Approval of Compensation Plans (vi) Implementation of Compensation Plan Project Land Group 5 (i) Baseline Study Phase 1 (ii) Baseline Study Phase 2 - PLPAR and PAP - ARF other activities not required, as few, if any private or community assets Project Land Group 6 (i) Baseline Study Phase 1 (ii) Baseline Study Phase 2 - PLPAR and PAP - ARF (iii) Approval of BS Phase 2 by RC (iv) Development of Compensation Scheme (v) Consensus and Approval of Compensation Plans (vi) Implementation of Compensation Plan Project Land Group 7 (i) Baseline Study Phase 1 (ii) Baseline Study Phase 2 - PLPAR and PAP - ARF (iii) Approval of BS Phase 2 by RC (iv) Development of Compensation Scheme (v) Consensus and Approval of Compensation Plans (vi) Implementation of Compensation Plan Project Land Group 8 (i) Baseline Study Phase 1 (ii) Baseline Study Phase 2 - PLPAR and PAP - ARF (iii) Approval of BS Phase 2 by RC (iv) Development of Compensation Scheme (v) Consensus and Approval of Compensation Plans (vi) Implementation of Compensation Plan Project Land Group 9 (i) Baseline Study Phase 1 (ii) Baseline Study Phase 2 - PLPAR and PAP - ARF (iii) Approval of BS Phase 2 by RC (iv) Development of Compensation Scheme (v) Consensus and Approval of Compensation Plans (vi) Implementation of Compensation Plan Project Land Group 10 November 2004 Nam Theun 2 Project ­ Social Development Plan ­ Volume 4 18 Chapter 43: Preparation of L Resettlement Plans 6 monthly periods 11/03- 5/04- 11/04- FC- 11/05- 5/06- 11/06- 5/07- 6/03 12/03 6/04 12/04 FC 12/05 6/06 12/06 (i) Baseline Study Phase 1 (ii) Baseline Study Phase 2 - PLPAR and PAP - ARF (iii) Approval of BS Phase 2 by RC (iv) Development of Compensation Scheme (v) Consensus and Approval of Compensation Plans (vi) Implementation of Compensation Plan Project Land Group 11 (i) Baseline Study Phase 1 (ii) Baseline Study Phase 2 - PLPAR and PAP - ARF (iii) Approval of BS Phase 2 by RC (iv) Development of Compensation Scheme (v) Consensus and Approval of Compensation Plans (vi) Implementation of Compensation Plan Project Land Group 12 (i) Baseline Study Phase 1 (ii) Baseline Study Phase 2 - PLPAR and PAP - ARF (iii) Approval of BS Phase 2 by RC (iv) Development of Compensation Scheme (v) Consensus and Approval of Compensation Plans (vi) Implementation of Compensation Plan Project Land Group 13 (i) Baseline Study Phase 1 (ii) Baseline Study Phase 2 - PLPAR and PAP - ARF (iii) Approval of BS Phase 2 by RC (iv) Development of Compensation Scheme (v) Consensus and Approval of Compensation Plans (vi) Implementation of Compensation Plan Project Land Group 15 (i) Baseline Study Phase 1 (ii) Baseline Study Phase 2 - PLPAR and PAP - ARF (iii) Approval of BS Phase 2 by RC (iv) Development of Compensation Scheme (v) Consensus and Approval of Compensation Plans (vi) Implementation of Compensation Plan 43.8 GRIEVANCE REDRESS MECHANISM The general NT2 Project grievance redress mechanism is described in Chapter 8 of Volume 1 of the SDP. This general process makes provision for any unsatisfied PAP or PAV to make a claim that the compensation they are receiving, or the process being undertaken, is not satisfactory to them. The press would normally start at the village level, where a person claim will be presented to the village grievance committee, a committee of mainly elders which is indigenous to the Lao PDR. If the PAP is not satisfied with the outcome of this review, they can then submit their grievance to the District grievance committee, which will effectively be the District court. At this level, the NTPC and the RMU will act as advisors to both the affected PAP and the District court, and be the resource persons in terms of legal obligations of the Concession Agreement and the obligations as specified in the final SDP. If the PAP is still not satisfied, they can then claim to the Provincial grievance committee, were again the NTPC and the RMU will act as advisors and resource November 2004 Nam Theun 2 Project ­ Social Development Plan ­ Volume 4 19 Chapter 43: Preparation of L Resettlement Plans persons. Finally, if the PAP or PAV are still not satisfied, they can submit their grievance to the Provincial Court. In this case, the NTPC and RMU would not be advisors per se, but rather witnesses. The Concession Agreement (schedule 4 part 1, clause 13.9) provides funds to support this grievance redress mechanism. These funds will be used partly to engage a local ngo to act as advisor and counsel to PAP who wish to make a grievance. This will especially be the case as many of the PAP affected by Project Lands may not be able to read or write. A grievance submission to the Village Grievance Committee will most likely be submitted and reviewed verbally - although a written report of each such adjudication must be written. However, a grievance submittal to the District or Province must be submitted on paper, and thus the ngo/counsel will assist the PAP to commit their grievance to paper. A revised flow diagram, illustrating the general grievance redress mechanism, is presented as Figure 45-2, below. Figure 43-2: Flow Diagram Illustrating the General Grievance Redress Mechanism PAP not satisfied with Compensation or with the Process Appeal to the Village Grievance Committee of Elders Examination Satisfied - settled PAP Not Satisfied Appeal to District Grievance Committee and Court Nam Theun 2 Power Company advice Examination advice Resettlement Management Unit Satisfied - settled PAP Not Satisfied Appeal to Provincial Grievance Committee Nam Theun 2 Power advice advice Company Examination Resettlement Management Unit Satisfied - settled PAP Not Satisfied To Provincial Court November 2004 Nam Theun 2 Project ­ Social Development Plan ­ Volume 4 20 Chapter 44: Camp Followers Management Framework CHAPTER 44 CAMP FOLLOWERS MANAGEMENT FRAMEWORK Table of Contents 44 CAMP FOLLOWERS MANAGEMENT FRAMEWORK...........................................1 44.1 INTRODUCTION..............................................................................................................1 44.2 SOURCES OF INFORMATION AND CONSULTATION WITH RELEVANT AGENCIES.............1 44.2.1 Terminology..........................................................................................................................................................1 44.2.2 Relevant Nam Theun 2 Policy............................................................................................................................2 44.2.2.1 Labour Policy....................................................................................................................................2 44.2.2.2 Construction and Spontaneous Camp Management Plans ........................................................3 44.2.2.3 Trafficking Treaties & Conventions..............................................................................................3 44.3 EXISTING CONDITIONS ..................................................................................................3 44.3.1 Definition of the Study Area...............................................................................................................................3 44.3.2 Sub Regional Trends in Population ...................................................................................................................3 44.4 EMPLOYMENT STRUCTURE ............................................................................................4 44.5 LOCAL POPULATION CENTRES IN SITE VICINITY, KHAMMOUANE PROVINCE: DEGREE OF URBANISATION AND INFRASTRUCTURE......................................................5 44.6 POPULATION IN CONSTRUCTION SITE VICINITY KHAMKERD DISTRICT, BOLIKHAMXAY PROVINCE ..............................................................................................6 44.6.1 Existing Vulnerability to Labour Trafficking....................................................................................................7 44.7 PROJECT DESCRIPTION ..................................................................................................8 44.7.1 Construction Schedule.........................................................................................................................................8 44.7.2 Construction Contracts........................................................................................................................................8 44.8 NAKAI DAM SITE ............................................................................................................9 44.9 OUDOMSOUK CONSTRUCTION CAMP..............................................................................9 44.10 ACCESS TUNNEL PORTAL .............................................................................................10 44.11 MAIN CONSTRUCTION CAMP GNOMMALATH...............................................................10 44.12 IMPACTS........................................................................................................................ 11 44.12.1 Direct Workforce ...............................................................................................................................................11 44.12.2 Spontaneous Camp Followers..........................................................................................................................12 44.12.3 Criteria for Impact Assessment........................................................................................................................13 44.13 IMPACT OF TRAFFICKING..............................................................................................14 44.14 SOCIAL MANAGEMENT AND MITIGATION PROGRAM ...................................................15 44.15 DIRECT WORKFORCE LOCAL LABOUR RECRUITMENT POLICY ....................................15 44.15.1 Targets..................................................................................................................................................................15 44.15.2 Recruitment Location ........................................................................................................................................16 44.15.3 Reserved Positions for Nakai Resettlers..........................................................................................................16 44.15.4 Catering................................................................................................................................................................16 44.15.5 Training................................................................................................................................................................16 44.15.6 Transport.............................................................................................................................................................16 44.15.7 Workforce Discrimination ................................................................................................................................16 44.15.8 Camp Follower Policy........................................................................................................................................16 44.16 TRAFFICKING MANAGEMENT.......................................................................................16 44.16.1 Interventions.......................................................................................................................................................16 44.16.2 Monitoring...........................................................................................................................................................17 44.16.3 Information Campaigns.....................................................................................................................................17 44.16.4 Village Anti Trafficking Network.....................................................................................................................17 44.17 TOWNSHIP STRUCTURE PLANNING AND INFRASTRUCTURE PROVISION......................18 November 2004 Nam Theun 2 Project ­ Social Development Plan ­ Volume 4 i Chapter 44: Camp Followers Management Framework List of Annexes Annex 44-1: Camp Followers Policy. ...................................................................................................................19 List of Tables Table 44-1: Sub Regional Population Trends Primary and Secondary Impact Areas and Khammouane Province, 2002.....................................................................................................................................4 Table 44-2: Population and Employment Primary and Secondary Impact Areas and Khammouane Province, 2002.....................................................................................................................................5 Table 44-3: Existing Population in the Vicinity of Lak Sao to Nakai District Boundary.............................6 Table 44-4: Illegal Migrant Workers in Thailand Khammouane Province, March 2000..............................7 Table 44-5: Direct Construction Workforce by Source of Labour at Peak (estimated).............................11 Table 44-6: Direct Construction Workforce requiring Camp Accommodation at Peak (estimated).......12 Table 44-7: Population Impact Camp Followers by Location Most Probable Scenario (estimated). ......12 Table 44-8: Population Impact Camp Followers by Location Worst Case Scenario (estimated).............13 Table 44-9: Total Population Impact Direct Construction Workforce and Camp Followers Most Probable Case (estimated)................................................................................................................13 November 2004 Nam Theun 2 Project ­ Social Development Plan ­ Volume 4 ii Chapter 44: Camp Followers Management Framework 44 CAMP FOLLOWERS MANAGEMENT FRAMEWORK 44.1 INTRODUCTION This Chapter addresses the issue of spontaneous camp followers. The requirement to address this issue was discussed with the World Bank and ADB Pre Appraisal mission and transmitted in comments following the Joint Bank mission in October 2004. The Chapter includes an assessment of local towns ability to support a Project employing approximately 4200 additional people for a period of 58 months up to the close of the reservoir (COD) and how to address these impacts. Two particularly important issues were to be considered: · the potential risks associated with spontaneous camp followers and · the potential risk of labour trafficking. Consequently the objectives of this chapter are to: · characterise the existing socio-economic environment · analyze the likely distribution of the non-local component of the direct workforce requiring camp accommodation among the study area towns · assess the socioeconomic impacts of the Project on the towns and social infrastructure of these communities. · Prepare a social management and mitigation program including a draft labour recruitment policy for the direct workforce and spontaneous camp follower management. · a monitoring protocol to facilitate understanding and possible interventions by the project if labour trafficking was considered to be a potential risk during project implementation. The basic methodology for carrying out the study is to analyze the existing socio-economic environment and then consider how the local sub region might change without the influence of the proposed Project. The spatial allocation of the non-local component of the work force was calculated using research conducted on other large projects in the same region of Lao PDR and also field work conducted in the local study area during July and October, 2004. Impact analysis of the proposed development was then completed. Two geographic levels of analysis are referred to in the text. One covered an area within the four Local Government District Areas which coincided with 60 minutes travelling time (approximately 80 km) of the site which is referred to as the primary study area (local workforce catchment area). This area includes the main townships of Khamkerd, Nakai, Gnommalath and Mahaxay Districts. The second refers to the wider sub region ( the secondary impact area) which includes the major centre of Thakhek. (Thakhek is 1 hour and 15 minutes to Oudomsouk township of Nakai District and 45 minutes from the two towns of Gnom Neau and Gnom Dtai in Gnommalath District. 44.2 SOURCES OF INFORMATION AND CONSULTATION WITH RELEVANT AGENCIES The following Government and private bodies were consulted as part of the work programme: · NTPC Personnel, Vientiane and Nakai · RMU GOL · UNDP · ILO Project on Human Trafficking · LXML Limited Sepon Mining Construction and Operations · Ministry of Transport , Communications Department of Urban Planning and Housing · Italian Thai ( ITD) Contractors · Otay Sub Contractor of Nishimatsu · Mine Tech Sub Contractor 44.2.1 Terminology Terminology used in the subsequent Sections has been defined below: November 2004 Nam Theun 2 Project ­ Social Development Plan ­ Volume 4 1 Chapter 44: Camp Followers Management Framework · Local Component of the Workforce · Existing residents of the primary impact area who do not relocate to work on the Project. · Non-local Component · Those persons either Expatriates or Lao who move into and live permanently in construction camps in the primary impact area as a result of the Project. · Commuters and Work Week Commuters · Those persons who live outside the primary impact area but commute on a daily or weekly basis to the site(s). · Economic Base A region's economic base consists of those economic activities which involve sales to individuals or firms located outside the region, thus giving rise to inflow of money from non-local sources. An industry which is part of this economic base activity is considered a "basic" or "export" industry. All other industries make up the "service" or "local" activity since their output is consumed within the local region. This dichotomy of the entire economy can be contrasted with the input-output approach to regional analysis which uses a three-way division of individual industries. This division is known as the direct, indirect (production induced) and induced components (consumption induced) of an industry. · Spontaneous camp followers are part of the multiplier service (indirect component) which provide services to the direct construction workforce by setting up facilities in a random disorganised ribbon in the vicinity of work camps. Services offered can vary from food and retail products to sale of NTFP's to massage and prostitution. · Trafficking. There is no universal definition of trafficking. The working definition of trafficking as suggested by the Regional Conference on Illegal Labour movements: the Case of Trafficking in Women and Children "Trafficking is the movement and /or transportation of persons by others using violence or threat of violence, abuse of authority or dominant position deception or other forms of coercion for the purpose of exploiting them sexually or economically for the benefit or advantage of others such as recruiters procurers, traffickers, intermediaries brothel owners and other employers, customers or crime syndicates". Examples of the purposes of trafficking include, but are not limited to, the following: · Prostitution · Domestic work · Illegal labour · Bonded labour · Servile marriage · False adoption · Sex tourism and entertainment · Pornography · Begging · Use of "criminal activities" 44.2.2 Relevant Nam Theun 2 Policy 44.2.2.1 Labour Policy The NT2 Concession Agreement stipulates in Schedule 18 that a Lao Labour Preference Plan is to be prepared by the HCC which offers 100% of unskilled jobs to Lao Nationals and a majority percentage of semi-skilled jobs as set out in the Schedule, subject to the local market being sufficient. Under the Concession Agreement, NTPC warrants that the Head Contractor will prepare a number of management plans, including a Construction Camp Management Plan. NTPC and GOL are to work together to prepare a Spontaneous Resettlers Plan. To date these two documents have not been finalized; however, this chapter provides a basis for the plan. November 2004 Nam Theun 2 Project ­ Social Development Plan ­ Volume 4 2 Chapter 44: Camp Followers Management Framework 44.2.2.2 Construction and Spontaneous Camp Management Plans The NT2 Environment Assessment and Management Plan (EAMP). This document has been exhibited publicly. 44.2.2.3 Trafficking Treaties & Conventions Lao PDR is a party to several international treaties that include provisions on trafficking. Article 6 of the Convention on the Elimination of All Forms of Discrimination against Women commits parties to take "all appropriate measures, including legislation, to suppress all forms of traffic in women". Article 35 of the Convention on the Rights of the Child requires parties to take "all appropriate national, bilateral and multilateral measures to prevent the abduction, the sale of or traffic in children for any purpose or in any form". Lao PDR is also a party to the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others. At the bilateral level, Thailand and Lao PDR recently signed an MOU on labour migration, but there is no MOU on trafficking (though the Thai-Cambodia MOU on trafficking provides a model. At the national level, there's no anti-trafficking law as such, but several provisions of the Penal Code address trafficking- related offenses such as trade and abduction of humans, rape, pornography, prostitution and procurement for prostitution, forced labour, child labour, and heavy or dangerous work for women. In October 2004, Laos signed a Memorandum of Understanding (MOU) with five other Mekong Region countries spelling out areas of practical cooperation to address human trafficking including: · The creation of a network for repatriation of victims · Building similar networks between special police units · Improvement of Extradition Procedures · Preventative measures The signing was regarded as part of the Coordinated Mekong Ministerial Initiatives against Trafficking (COMMIT). 44.3 EXISTING CONDITIONS 44.3.1 Definition of the Study Area. The Study area can be described in general terms as being Khammouane Province and a smaller portion of Bolikhamxay Province in Central Lao. More specifically for the impact analysis, two geographic levels of analysis are referred to in the text. One covered an area within a four District Area which approximates 60 minutes travelling time (approximately 80 km) of the site which is referred to as the primary impact area (the local workforce catchment area). This area includes some parts of Khamkerd District in the adjoining Province of Bolikhamxay and the Districts of Nakai, Gnommalath and Mahaxay in Khammouane Province. This area will experience the most visible direct negative social and physical impacts. The second refers to the wider sub region (secondary impact area) which includes the major centre of Thakhek and Xe Bangfai District. (Thakhek is 1 hour and 15 minutes travelling time to Oudomsouk township of Nakai District and 45 minutes from the two towns of Gnom Neau and Gnom Dtai in Gnommalath District in which the main construction camps for the project are located. The economic base of this area is much more diverse. Some direct employment will be generated from this area. As well the project will tend to have significant indirect and induced positive effects brought about by servicing the construction site(s) but with less visible physical negative effects. 44.3.2 Sub Regional Trends in Population Table 44-1 shows the sub regional trends in population in the primary and secondary impact areas and Khammouane Province as a whole. In the seven year period 1995-2002, population has grown has grown by 2.04% per annum at the Provincial Level and at a similar rate in the secondary impact area. This has been mainly affected by the more urban Districts of Xe Bangfai and Thakhek in which household size has slightly decreased during the 1995-2002 period. In contrast in the primary impact area the population has significantly exceeded the Provincial rate. As can be seen in the Table household size in the primary impact area has also increased. November 2004 Nam Theun 2 Project ­ Social Development Plan ­ Volume 4 3 Chapter 44: Camp Followers Management Framework Table 44-1: Sub Regional Population Trends Primary and Secondary Impact Areas and Khammouane Province, 2002 Secondary Khammouane Nakai Gnommalath Mahaxay Xe Bangfai Thakhek Impact Area Province Men 7,614 10,307 11,123 9,514 33,190 71,748 132,417 Women 8,021 11,300 11,859 10,348 35,242 76,770 140,046 Population (1995) 15,536 21,607 22,982 19,862 68,432 148,419 272,463 Population(2002) 18,217 25,612 28,261 23,114 75,549 170,753 313,927 Growth Rate /Yr 2002/1995 2.30% 2.46% 3.00% 2.19% 1.42% 2.02% 2.04% Illegal Workers to Thailand (2000) 0 3 34 289 270 596 3,847 Density Per Km2 4 15 10 21 75 25 17 Total Households(1995) 2,877 4,276 4,355 3,522 12,174 27,204 49,216 Total Households(2002) 3,309 4,889 5,246 4,182 14,152 31,778 55,393 Average Household Size 5.4 5 5.2 5.6 5.5 5.34 5.5 ( 1995) Average Household Size(2002) 5.5 5.2 5.4 5.5 5.3 5.4 5.7 · Nakai Gnommalath & Mahaxay Primary Impact Area Khamkerd District in Bolikhamxay will be affected by the Nakai Dam Site Construction 44.4 EMPLOYMENT STRUCTURE Data from the 1999 Agricultural Census (see Table 44-2) show that most employment in the primary impact area is based on the agriculture and livestock industries. Table 44-2 shows agricultural employment in the primary impact area to total 30,031 workers. Also of importance is the severe unemployment and underemployment of this group with very high percentages of people working less than 6 months per year. The share of agricultural workers declines significantly in Thakhek due to its primary function as a service centre for the surrounding sub-region. The number of agricultural workers available for employment in the primary impact demonstrates that there is a more than adequate supply of unskilled labour available locally. This potential workforce is to be given preference in recruitment policy to the extent that they are qualified. November 2004 Nam Theun 2 Project ­ Social Development Plan ­ Volume 4 4 Chapter 44: Camp Followers Management Framework Table 44-2: Population and Employment Primary and Secondary Impact Areas and Khammouane Province, 2002 Secondary Khammouane Nakai Gnommalath Mahaxay Xe Bangfai Thakhek Impact Area Province Population (2002) 18,217 25,612 28,261 23,114 75,549 170,753 313,927 Total Households (2002) 3,309 4,889 5,246 4,182 14,152 31,778 55,393 Average Household Size (2002) 5.5 5.2 5.4 5.5 5.3 5.4 5.7 Vulnerable Households (Very Low 761 1,124 1,207 962 3,255 7,309 12,740 Income) Urban % 6.1 1.1 5.1 12.1 37.7 12.42 15 Number of Agricultural Workers* 7,655 11,937 10,439 10,505 23,517 64,053 127,424 % Population Working in Agriculture 42 47 37 45 31 38 41 Work <1 Hour/Day % 57 53 34 34 38 43.2 40 1-5 Hours/Day % 9 26 30 35 33 26.6 33 > 5 Hours/Day% 3 1 3 2 3 2.4 4 Work 9-12 Months/Year% 38 9 0.2 1 0.3 9.7 8 6-8 Months/Year % 21 44 63 37 34 39.8 50 < 6 Months/Year % 41 48 37 62 65 50.6 43 Holdings Using Outside Labour % 14 15 7 34 35 21 26 Source: Agricultural Census 1998-1999. * These figures do not include Khamkerd District. 44.5 LOCAL POPULATION CENTRES IN SITE VICINITY, KHAMMOUANE PROVINCE: DEGREE OF URBANISATION AND INFRASTRUCTURE The two largest population centres affected by the larger construction sites are Oudomsouk in Nakai District and the twin towns of Gnom Noua and Gnom Otai in Gnommalath District. For Oudomsouk there will be a large camp inside the current town boundary. The township population in 2002 was estimated at 1490 made up of 280 households. There is no current urban plan for the township and the current development generally follows the main roads in the ribbon development pattern typical of Laos and many other South East Asian countries. Travelling time to Thakhek is approximately 1 ¼ to 1 ½ hours dependent on the type of transport. Population in the twin towns of Gnom Noua and Gnom Otai in 2002 was 1387 with 271 households. The largest camp will be located approximately 3 kms from the township to the south along Route 8b and there is a current plan to move the entire township to this same location over the NT2 construction period. An urban plan has been prepared by the Gnommalath District which shows a structure plan using the same land as the main construction camp. Travelling time to Thakhek ­ the nearest regional town is 45-55 minutes. Both towns have education and health facilities (primary and secondary schools and District hospitals) but their ability to sustain large population influxes is extremely limited. All roads are unsealed and water and November 2004 Nam Theun 2 Project ­ Social Development Plan ­ Volume 4 5 Chapter 44: Camp Followers Management Framework sanitation is basic with most houses using private or shared shallow wells and river water in the case of Gnommalat Note the very low provision of water and sanitation in Gnommalat which is the location of the largest construction camp. Both towns have small markets which are well stocked with imported retail products but with very limited supplies of local agricultural produce. Food for sale at the markets sells out very quickly during the day. Food can also be purchased from noodle shops and there are two Vietnamese restaurants in Oudomsouk which cater to NT2 visiting personnel and service providers. Both towns are particularly vulnerable to significant negative social impacts of the project. Accordingly the Social Development Plan and Spontaneous Resettlers Plan to be produced by NTPC and GOL and the Construction Camp Management Plan to be produced by the Head Contractor and his sub- contractors need to be agreed, coordinated and enforced. Many sub Contractors already have a significant presence on and around the vicinity of these towns. On the other hand, there is also an opportunity to employ numbers of local workers who are generally underemployed or unemployed agricultural workers if they are qualified. These same people will also experience the social impacts arising from the interaction with the physical environment such as dust, noise, traffic and risks to current water supplies. 44.6 POPULATION IN CONSTRUCTION SITE VICINITY KHAMKERD DISTRICT, BOLIKHAMXAY PROVINCE Data from the area of Khamkerd District (Bolikhamxay Province) which will be affected by the Project shows population growth rates of around 6% per year and total population in the section of the District from Lak Sao to the Nakai District boundary. It is generally higher than the more urban portions of both Nakai and Gnommalat (see Table 44-3). The data from this area is not complete so it needs to be interpreted carefully. It could be that the apparent high population growth is due to internal movement within the District rather than external influences. In such a situation there is potential for double counting from year to year. Some villages have been consolidated, either through spontaneous movement to roads and service centers or as part of a GOL focal zone strategy. Table 44-3: Existing Population in the Vicinity of Lak Sao to Nakai District Boundary Village Name Population Households Population Households Year 1995 1995 2003 -04 2003 -04 Lak Xao to Nakai Namphao 681 119 968 181 Chengsavang 118 23 765 120 Nam Thi 1015 143 Phontou* 0 Pounglao 0 Phonxai 210 34 439 74 Ko Hai 1290 220 Phonsouk 1290 221 Phonsi 1290 222 433 88 Phonsa at mai 0 Phonkeo 0 Phonsa at 0 1016 172 Pakkatan 294 47 212 34 Sop Hia (self-resettlement and in-migration by Tai) 111 16 551 83 Total 3994 2677 6689 1115 Growth Rate 6.66% 6.34% * Zeros indicate missing data November 2004 Nam Theun 2 Project ­ Social Development Plan ­ Volume 4 6 Chapter 44: Camp Followers Management Framework Lak Sao has very limited carrying capacity to absorb any increases in population and has virtually no services except secondary schooling and a District Hospital. The main trend suggested is that people moved towards the main road, Route 8 and the population density along this road has grown significantly from 1995 to 2003/04. Taking into account that the population growth in Laos is 2.2 % per annum (Human development Indicators, UNDP 2003) for this period, the regional population growth in the survey appears to be higher. It has been suggested that there has been a significant in-migration into the area during this 8-year period, and that many new tenants have settled along Route 8. One reason suggested for this is the accessibility to markets, because Route 8 has been upgraded several times and is now considered as a secure link to markets in other regions, including Vietnam. Current access to Oudomsouk is closed during the wet season so the most likely means of servicing the construction at the Nakai dam site initially is from the Lak Sao area.. Services in the Lak Sao area are of higher standard than in Oudomsouk and Gnommalat but still not of suitable standard to cater to the needs of a large incoming workforce. Accordingly those internal service needs will need to be imported from further afield as part of the sub-contractor's responsibilities for camp management. Travelling time from Vientiane to Lak Sao is presently approximately four hours. 44.6.1 Existing Vulnerability to Labour Trafficking As described in Section 44.2, trafficking involves a wide range of activities and many of them are open to interpretation as to the circumstances under which trafficking begins and ends. In general terms, poverty and economic disparity are described as the "push "factors for labour trafficking. However, there is a problem with identifying trafficking as defined by the ILO and distinguishing it from illegal migration for the pursuit of economic interest (referred to as `economic migration') According to a report of the Immigration police of Thailand in Bangkok from January to July 2000 the immigration police had sent back 150,000 illegal labourers in which the majority were from Myanmar and Cambodia. From Lao PDR there were more than 10,000 people that had been sent back. Lack of job opportunities is one of the key push factors of illegal cross border labourers. However, crossing borders illegally is not trafficking. Consequently, the actual incidence of trafficking is not known. Table 44-4: Illegal Migrant Workers in Thailand Khammouane Province, March 2000 Migrant Workers in Thailand Border Pass Illegal Age Group District Women Men Total 15-20 21-25 26-30 31-35 36-49 Women Men Women Men Total Nongbok 1,508 1,446 2,954 1,508 1,446 2,954 Xe Bangfai 140 149 289 133 62 47 25 22 140 149 289 Hinboun 203 94 297 97 132 62 6 106 50 95 46 141 Gnommalath 2 1 3 1 2 1 2 1 3 Thakhek 186 84 270 186 84 270 Mahaxay 27 7 34 27 7 34 Nakai 0 0 0 0 0 0 Buoalapha 0 0 0 0 0 0 Xaybuathong 0 0 0 0 0 0 Total 2,066 1,781 3,847 1,958 1,733 3,691 Source: ILO Preliminary Assessment In this situation where the presence of trafficking is hard to distinguish from illegal migration for employment purposes, hard data on incidence of trafficking is still difficult to collect. Assuming there is a correlation between trafficking and the rate of illegal migration, data collected on illegal migration can at least give an indication of the problem over time particularly if there are anomalies detected between November 2004 Nam Theun 2 Project ­ Social Development Plan ­ Volume 4 7 Chapter 44: Camp Followers Management Framework Districts with the same push factors. Nongbok District stands out as an example of such an anomaly with very high comparative numbers. Illegal migrant workers originating from the primary impact were very low compared to the Districts that adjoin the Mekong River, some of which are in the secondary impact area.. This was considered partly due to the high percentage of ethnic minorities in the more inland Districts. Illegal migrant workers in Thailand are mainly Lao from lowland based groups and few are from ethnic minorities. In Nakai, Gnommalat and Mahaxay the percentage of ethnic minorities is higher than 50% whereas in Thakhek, the figure is 4% and in Nongbok 0%. However, there is also a location factor involved based on accessibility to the border crossing points. Until recently, the primary impact area Districts have had very poor road links with Thakhek. Now that the project has improved accessibility it may induce more illegal movement activity. Baseline survey data collected in 8 villages in Nongbok and Hinboun Districts by ILO estimated 29% of illegal migrant workers were children (under 18 years) of which 80% were girls. The overall District data in Table 44-4 suggest that the gender difference is not as marked. It was also found that rates of internal migration within Laos are very low compared to international migration figures. In a recent study (ILO, 2003) the internal migrating population of the three provinces in the survey was only 1.2% of the total sample and the majority were male (59.1%).The overall migration into the capital city (Vientiane) was 42.5% of the internal migration and into the southern region where the project is located only 3.8%. 44.7 PROJECT DESCRIPTION 44.7.1 Construction Schedule As nominated in the Concession Agreement, some preliminary works have already started before Financial Close. These include the construction of the access road from Road 8B to the site of the Nakai Dam, the upgrading of existing roads to provide access to the construction camps and work sites. Also, further roadwork to the Residence Nam Theun, excavation of the Power Station site, access and drainage tunnels, and campsite construction have commenced. The construction of the Nakai Dam, saddle dams, headrace channel, inlet works, tunnels and shafts, power house, tailrace channel, regulating dam, downstream channel, Transmission Lines, substations, plant will be initiated after Financial Close. The Nakai Dam is scheduled to be completed within 38 months. The mechanical and electrical installations will proceed as soon as possible in conjunction with the completion of the power station civil works. The total construction phase for the Project, including commissioning, is estimated to be 54 months from Financial Close. Commissioning, testing and acceptance under the EGAT PPA are scheduled to commence 46.5 months after Financial Close. The critical dates in relation to resettlement are (i) construction of the coffer dam which is scheduled for completion beginning of the wet season approximately May-June 2006 (ii) the raising of the main Nakai Dam to a sufficient level to begin to impede the flow of the river in high flows more than the coffer dam in May 2007 and (iii) impoundment of Nakai reservoir at the beginning of the wet season in May-June 2008. Therefore all resettlement activities will be scheduled in relation to those key civil works activities. 44.7.2 Construction Contracts Construction contracts will consist of five principal sub-contracts and one overriding Head Construction Contract (HCC). The HCC is to be undertaken by EDF. The Head Contractor is responsible for ensuring the timely construction of the Project and is liable for liquidated damages for any delays in completing the Project. The five principal sub-contracts are divided into two electromechanical packages (EM1 and EM2) and three civil works contracts (CW1, CW2 and CW3). EM1 includes the Power Station generating units and associated equipment, including the four Francis generating units, two Pelton generating units, mechanical auxiliaries, electrical auxiliaries, 500/115/22 kV substation equipment, SCADA equipment, telecommunications and workshop equipment and service facilities. EM2 includes the 500 kV double November 2004 Nam Theun 2 Project ­ Social Development Plan ­ Volume 4 8 Chapter 44: Camp Followers Management Framework circuit, 138 km Transmission Line from the Project to the international border and the 115 kV single circuit 77 km Transmission Line from the Project to Mahaxai. Four zones have been identified for the development of construction work camps within the Project area. These will accommodate a maximum construction worker population of approximately 4,200 (subject to confirmation by the HCC). These zones, from north to south are: · the Nakai Dam site to the north of Oudomsouk and the south of Lak Sao in Bolikhamxay Province · the Camp within Oudomsouk township · the biggest camp at Gnommalat at the intersection of Route 8b and 12 b. · the downstream area There would also be smaller temporary camps at specific locations which have longer access times or technical reasons for keeping the workforce as close as possible to the work site. At the moment the largest other proposed camp site is for 30 personnel at the main Tunnel Portal Access. There is another proposed small camp for up to 5 workers at the Phu Pha Pheno Quarry. Each of the main sites is now described in a little more detail. 44.8 NAKAI DAM SITE This site is approximately 60 kms from Oudomsouk (currently by road to Talang and boat to the dam vicinity). It is approximately 20 kms from Lak Sao in Khamkerd District (Bolikamsay Province) Physically the site was rated as having medium environmental sensitivity. The key features of the site, as they relate to the construction activities, are summarised below: · The entire site is densely forested and is considered to have some biodiversity values because of the extent of vegetation on the site and adjoining land. The site layout has been developed to minimise vegetation clearing requirements. · The Nam Theun River forms the western boundary of the site. Measures to protect water quality have been considered in the development of environmental management measures for the site. A forest strip of 80-100 m along the river will be preserved from clearing. · The southern part of the site slopes steeply to the Nam Theun River. Measures to control erosion and sedimentation in this area have been considered in the development of environmental management measures for the site. · There is no residential or agricultural land use located on the site or nearby. The closest town is Lak Sao in Khamkerd District and there is a plan to upgrade the roads from both north and south. This site will be the most remote site of the large camps from township or regional facilities and is considered to be at the highest risk of inducing spontaneous camp followers, without enforcement of the various plans 44.9 OUDOMSOUK CONSTRUCTION CAMP Overall, the site was considered to have low physical environmental sensitivity. The key features of the site, as they relate to the construction activities, are summarised below: · The site is a relatively flat area and there are no drainage lines traversing the site. · The site comprises cleared forest vegetation with a mixture of pine and broadleaved trees species. Most trees are less than 60cm DBH and the biodiversity values of the site are low. Notwithstanding, the extent of vegetation clearing has been minimised. · There is a small area of acacia plantation in the north-east corner and the middle of the site. This area will be affected by the construction activities, but will ultimately be reinstated. There is no other agricultural land use on the site. It has high social sensitivity. The nearest residential development is located to the NE of the site, where there is a group of about 20 houses with over 100 people living in the vicinity. The social impact of this camp is considered to be significant for these local people. During the dry season, there is a significant risk November 2004 Nam Theun 2 Project ­ Social Development Plan ­ Volume 4 9 Chapter 44: Camp Followers Management Framework of air pollution from road dust as most of the residences front the main access road. Control of dust will be mitigated by water tankers during peak traffic times. There is also increased risk of traffic accidents, noise and amenity issues associated with an influx of high number of construction workers. 44.10 ACCESS TUNNEL PORTAL Overall, the site has low to medium environmental sensitivity. The key features of the site, as they relate to the construction activities, are summarised below: · The area that is the subject of a site-specific plan comprises four main elements: o Site of access tunnel portal excavation works o Internal access road alignment between the excavation area and the disposal areas o Permanent spoil disposal area o Temporary spoil disposal area (to be used while UXO clearing of permanent spoil disposal area takes place) · Conditions at all areas are similar and consist of mainly disturbed areas with low-density tree and shrub coverage. There is no agricultural land use or built assets located in the areas that will be affected by the works. · The access road generally follows the course of the Nam Katang River. There is a gully/watercourse at the site of the tunnel portal excavation works that will require appropriate management to prevent erosion and sedimentation effects. This is a particularly sensitive social issue as it affects water supply and livelihoods downstream of the camp. · The camp will be of limited size, providing temporary accommodation facilities to only few people (20 people at night time / 30 people at daytime). · The sub- camp will be provided with sleeping areas, a basic kitchen/canteen, litter bins and basic shower areas. · Storm water drainage channels will be constructed around the sub-camp. 44.11 MAIN CONSTRUCTION CAMP GNOMMALATH The site is 27 ha immediately adjacent to the intersection of Route 12b between Gnommalath and Nakai and Route 8b to the Vietnamese border. Overall, the site has low to medium physical environmental sensitivity. The key features of the site, as they relate to the construction activities, are summarised below: · The site is relatively flat and is traversed by a small drainage channel, which runs from the north and terminates in an intermittent swampy area in the SW of the site, which is used for rice paddies. This area is liable to flooding, but will not be affected by construction works. Another intermittent swamp area is located in the NW of the site. Measures to protect water quality in these locations have been considered in the development of environmental management measures for the site. · Vegetation on the site is predominantly shrub land with scattered small trees. The site is considered to have low biodiversity values. · There are scattered houses adjacent to the site and one house located within the site boundaries, although this will not need to be relocated by the construction works. The effects of the project on these houses will be managed through the implementation of air and water pollution control measures. · The site has already been cleared and internal roads have been built. From a social perspective the site is considered to be of high sensitivity. The area is within the designated boundary of the Urban Plan for the new planned township of Gnommalat. There is some on-going survey and preliminary construction of the new Education Department building immediately adjacent to the Italian Thai Layout and Gantry area to the east of the main construction camp. District and Provincial officials requested that the Construction Camp be placed in its present location as part of the long term November 2004 Nam Theun 2 Project ­ Social Development Plan ­ Volume 4 10 Chapter 44: Camp Followers Management Framework development of this township. They have asked that the infrastructure to be built there be handed over to the District on completion of construction. All plans for Water Supply and sanitation planning for the new town have been approved by GOL as part of the Preliminary Construction Activities agreed under the Concession Agreement. There is a potential opportunity for the host community's new town site to improve its quality of services in a coordinated fashion. Such planning would help to mitigate the potential social impacts generated by the construction activity to date. 44.12 IMPACTS 44.12.1 Direct Workforce Construction employment effects are normally short term with abrupt peaks and very rapid declines in the workforce. A construction workforce is generally highly transient and although total numbers of the workforce may appear stable, this may result from equal numbers of incoming and outgoing workers. This highlights the need for flexible and well managed accommodation arrangements. Due to the size of the proposed workforce and the relative geographical isolation, construction camps will be necessary in the locations discussed in the previous section. There has already been a preliminary-construction period of approximately 4-5 months and on-site personnel were recently reported by the HCC to number 700 persons.. The post Financial Close construction period will be approximately 54 months in duration and commence in May 2005. The construction workforce is presently anticipated to build to a peak at 4200 persons in month 36. The various construction camps and essential on-site infrastructure will be completed in stages and some workforces who have already mobilised have been accommodated off designated sites in what are described as "temporary camps'. Other workers are now using the main camp at Gnommalath. From a rapid rural assessment of the employers on the site, approximately 30-40 % of the jobs are currently being filled by residents from the primary impact area (to be confirmed by NTPC monitoring data from the HCC) . The majority of skilled labour and some semi- skilled categories to date have been drawn from outside the primary impact area and internationally. It is anticipated that the construction workforce will adopt a 12 hour shift roster system which will allow extended periods of work, followed by breaks to allow workers living in Camps to return home. The particular rotation currently depends on each sub-contractors workers contract. The combination of the direct workforce and camp followers will significantly increase the total population living within the vicinity of each camp for a period of up to four years. The estimated breakdown of the work force by source of labour and also those expected to require camp accommodation are shown in Table 44-5 and Table 44-6. Table 44-6 shows the number of workers requiring camp accommodation after taking account of the local labour to be employed who are anticipated to commute to the site on a daily basis. Local workers to be employed in each of the components of the project in Nakai, Gnommalat and Mahaxay Districts would generally be recruited from within the three Districts. Those recruited in the early phases of the work program for the Nakai Dam Site would generally tend to be recruited from the North (Khamkerd District) due to poor existing accessibility between Oudomsouk and Lak Sao. Table 44-5: Direct Construction Workforce by Source of Labour at Peak (estimated). Location of Camp Local Lao Non Local Lao Non Lao Total Nakai Dam Area 307 131 362 800 Oudomsouk 307 131 362 800 Gnommalat 843 360 997 2,200 Downstream 153 66 181 400 Total 1,610 688 1,902 4,200 November 2004 Nam Theun 2 Project ­ Social Development Plan ­ Volume 4 11 Chapter 44: Camp Followers Management Framework Table 44-6: Direct Construction Workforce requiring Camp Accommodation at Peak (estimated). Location of Camp Local Lao Non Local Lao Non Lao Total Nakai Dam Area 0 131 362 493 Oudomsouk 0 131 362 493 Gnommalath 0 360 997 1,357 Downstream 0 66 181 247 Total 0 688 1,902 2,590 44.12.2 Spontaneous Camp Followers The issues associated with the boom and bust effects of the construction of large energy and infrastructure projects has been extensively researched in the literature in both Western and Asian countries. The extent of the socio-economic impact of a project has been found to be explained by two main variables: The size of the workforce in relation to the host population and secondly the relative proximity of the project to a regional centre. As projects become more remote they tend to be in locations where towns are relatively small in size and there is a greater demand to import multiplier indirect and induced services and thus camp followers. The estimated number of camp followers that could be expected without the implementation of a social management program is shown in Table 44-7 and Table 44-8. These tables represent the most probable case and the worst case scenario, respectively. The worst case is based on the experience at the Theun Hinboun Project, which was built with no planning for the construction phase impacts. The multiplier reported from this experience was that for each direct worker there were four camp followers. In this case, many camp followers brought their families which led to the high multiplier. The most probable case is considered to take account of the better accessibility of the southern components of the project to Thakhek. The multiplier was reduced to take account of the fact that the proposed camps at Gnommalath and Oudomsouk are within 45 mins to 1 hour and 15 minutes to Thakhek which offers a considerable range of services that could service the sites. On the other hand the Nakai dam site is more remote and thus there is a higher risk of an uncontrolled population and the higher population multiplier was utilised. Table 44-7: Population Impact Camp Followers by Location Most Probable Scenario (estimated). Most Probable Scenario Camp Location Local Lao Non Local Lao Non Lao Total Nakai Dam Area 0 262 725 1,974 Oudomsouk 0 262 725 987 Gnommalath 0 721 1,993 2,714 Downstream 0 131 362 493 Totals 0 1,376 3,805 6,167 November 2004 Nam Theun 2 Project ­ Social Development Plan ­ Volume 4 12 Chapter 44: Camp Followers Management Framework Table 44-8: Population Impact Camp Followers by Location Worst Case Scenario (estimated). Worst Case Scenario Camp Location Local Lao Non Local Lao Non Lao Total Nakai Dam Area 0 524 1,449 1,974 Oudomsouk 0 524 1,449 1,974 Gnommalath 0 1,441 3,986 5,427 Downstream 0 262 725 987 Totals 0 2,751 7,610 10,361 Table 44-9 shows the total population (direct workforce plus camp followers) impact (direct workforce plus camp followers) on each of the four localities in the vicinity of each camp. As shown in the table, the total population impact at the peak of construction is estimated to be of the order of 8,700. The highest population impact would be in Gnommalat area (4,000) followed by the Nakai Dam Area (2,457), Oudomsouk (1,480) and downstream near Mahaxai (740). Table 44-9: Total Population Impact Direct Construction Workforce and Camp Followers Most Probable Case (estimated). Direct Workforce needing Camp Accommodation Potential Incoming Population Nearest Camp Location and Camp Followers Population Existing Town(s) Nakai Dam Area 0 393 1,087 2,467 2,748 Oudomsouk 0 393 1,087 1,480 1,490 Gnommalath 0 1,081 2,990 4,070 1,387 Downstream 0 197 544 740 1,474 Totals 0 2,063 5,707 8,757 7,099 44.12.3 Criteria for Impact Assessment Relevant criteria for assessing significant impacts include: · Probability of the event occurring; · Number of people including indigenous populations that will be affected; · Duration of impacts (long-term vs. short-term); · Value of benefits and costs to impacted groups (intensity of impacts); · Extent that the impact is reversible or can be mitigated; · Likelihood of causing cumulative impacts; · Ability to affect future policy decisions; · Uncertainty over possible effects; and · Presence or absence of controversy over the issue. Without social management interventions, the risk of significant social impacts arising from the project is considered high. The social impact of a workforce of this size will be significant with populations at least doubling in the vicinity of Oudomsouk and Lak Sao and increasing by almost 4 times in the Ban Gnommalath area. A high percentage of the Districts affected will be indigenous populations. Although the impact will be short term (3-4 years) it will also be intense. The groups that will be most affected include: November 2004 Nam Theun 2 Project ­ Social Development Plan ­ Volume 4 13 Chapter 44: Camp Followers Management Framework · Residents of the townships of Oudomsouk and Ban Gnommalat and their immediate vicinity · Residents with houses in close proximity to the main road · Residents dependent on the Nam Khatang River for water supply · Farmers supplying food to local markets · Farmers dependent on the Nam Khatang for irrigation or stock water The most significant effects that can be anticipated are as follows: · The potential for unregulated development of sub contractor work camps in the general vicinity of already designated sites. · The potential for a proliferation of random disorganised camp follower developments with unhealthy and unsanitary living conditions. · Increases in risks to worker and local resident health · An risk of labour trafficking in the camp follower population · An increase in the demand for food and other essential household supplies in town markets not capable of supplying needs with inflationary pressure on the local cost of food to residents. · The potential for serious discontent amongst local people if a significant percentage of workers are not drawn from villages and towns directly affected by the project. · The potential for serious diminution in the quality of water supply for domestic and irrigation purposes in the Nam Katang River as a result of project activities upstream of the Ban Gnommalath area · Traffic generation and the need for increased road maintenance by project vehicles and other equipment · A significantly increased risk of traffic accidents with unregulated control of construction vehicles · The generation of dust and noise by project vehicles on residents with houses in close proximity to the road · The project has the potential to significantly increase jobs, employment and incomes in the local area which would help to mitigate the above negative impacts. It is considered that all of these adverse impacts can be mitigated if a serious social management and mitigation program is agreed between the main stakeholders and implementation begins urgently. 44.13 IMPACT OF TRAFFICKING Discussion and research cited by UNDP and ILO confirms that has been very little research on the labour trafficking issue in relation to large projects like NT2. It was found to be extremely difficult to determine the current extent of trafficking in the primary and secondary impact area. Most research that has been conducted has been in relation to illegal migrant workers going abroad on a seasonal basis to do legitimate ( although technically illegal) temporary work to support themselves and remit money to their families back in the villages. As shown from the results of the continuing ILO surveys in Khammouane Province and two other neighbouring Provinces, trafficking in Laos at the moment has been mainly external. It has been occurring from Laos into Thailand. There are considered to be significant incentives for Thai employers using traffickers to import cheap labour into the country. The attraction of the prospect of consistent employment and significantly higher wages offered in Thailand creates the incentive for the worker to seek out traffickers. According to the data, the groups that have migrated illegally to Thailand tend to be from Lao ethnic groups because of their similar language and lifestyles. This is demonstrated by the relatively low numbers of illegal migrants coming from Districts with high ethnic populations. Also, internal migration within Lao into southern Provinces was found to be very low by ILO surveys. These characteristics normally associated with trafficking are less applicable in the impact area. The project will improve the current employment situation in the impact area which has historically shown a November 2004 Nam Theun 2 Project ­ Social Development Plan ­ Volume 4 14 Chapter 44: Camp Followers Management Framework consistent pattern of underemployment by agricultural workers. As shown in Section 44.4, up to 50 % of agricultural workers work less than 6 months of the year. During the construction period, current projections suggest that there will still be a net excess of workers available so there should be no pressure on local wage rates to increase. What is being offered by the project is more stable and continuous employment for qualified workers. Also, the primary impact area has a high ethnic minority percentage and historically the area has shown very low rates of illegal migration to Thailand. Visibility of trafficking in the relatively lower population density areas of the primary impact area would also tend to reduce risk. Even though the risk of trafficking amongst the primary impact area population is considered low, one potential source of trafficking with higher risk is in relation to the potential for spontaneous camp followers sourced in Vietnam destined for Gnommalat camp area and Nakai Dam area. Both locations have had recent new road developments and improvement from the border to both Gnommalath and also to Lak Sao. In this case the pattern of incentives may be different with Vietnamese from potentially poorer areas across the border seeking out job opportunities. Trafficking amongst this group may also create less concern among the local resident population. GOL Provincial and District officials are well aware of this potential and have instituted District level committees to monitor and control the situation. 44.14 SOCIAL MANAGEMENT AND MITIGATION PROGRAM It is clear that the existing social environment within the primary impact area has virtually no social carrying capacity to absorb and service the estimated workforce and camp followers. Using the most probable scenario from the impact analysis, population has the potential to more than double in the vicinity of Oudomsouk and Lak Sao and could increase by up to four times in the vicinity of Oudomsouk. It is also clear that there is a risk of large numbers of camp followers living in uncontrolled and unsanitary conditions. There is also a risk of labour trafficking even though the socioeconomic situation in the primary impact area suggests that the risk is low compared to other trafficking experience associated with external migration of labour to Thailand. There are also a number of specific impacts arising from the interaction between the social and physical environment which require immediate mitigation such as the risk of exposure to dust, the increased risk of traffic accidents and the increased risk to water supply in the vicinity of Ban Gnommalath. The interaction of the project with current new town development in Gnommalath will require a continuation of the current coordination process. This opportunity to support the local community will be an additional project benefit. In order to reduce these risks, a social management and mitigation program has been prepared. One component is based on the development and implementation of a local labour recruitment policy which has been developed in conjunction with Lao Government officials from the RMU, NTPC and HCC and subcontractors. Some of its components merely confirm the requirements of the Lao Labour Preference Plan provisions of the NT2 Concession Agreement. It also reflects lessons learned on other large infrastructure projects which have been developed recently in the vicinity of the project impact area. A second component program includes a management program to address labour trafficking. A third component involves the need for urban planning coordination in Gnommalath, Oudomsouk to help to mitigate the effects on the host communities. 44.15 DIRECT WORKFORCE LOCAL LABOUR RECRUITMENT POLICY The recruitment policy has been developed in accordance with the provisions of Chapter 24 and Schedule 18 of the Concession Agreement and in some cases confirms requirements for all Project employers that are already in place. The local labour recruitment policy includes the following provisions. 44.15.1 Targets The Policy is to be implemented in accordance with Chapter 24 and Schedule 18 of the Concession Agreement that "priority is to be given to Lao workers over foreign workers" and Part 4.7 "requirement to Prepare and implement Lao Labour Preference Plan · All unskilled job categories to be taken by suitably qualified Lao Nationals. · Semi skilled jobs to be taken by suitably qualified Lao Nationals in accordance with Tables1,2 and 3 of Schedule 18 of the Concession Agreement November 2004 Nam Theun 2 Project ­ Social Development Plan ­ Volume 4 15 Chapter 44: Camp Followers Management Framework 44.15.2 Recruitment Location Recruitment at the project site(s) will only be allowed for Lao Nationals resident in the primary impact zone of Nakai, Gnommalat and Mahaxai and Khamkerd Districts. All other recruitment is to be managed through the HCC and Sub Contractor offices in Thakhek and/or Vientiane. 44.15.3 Reserved Positions for Nakai Resettlers There will be 300 reserved positions for Nakai Resettlers (PAP's/AP's) as set out in the Social Development Plan (SDP). 44.15.4 Catering All HCC and Sub Contractor Construction camps will provide at least the mid shift meal sourced from a catered mess for all direct workforce personnel regardless of their origin. 44.15.5 Training Training is to be provided by all employers in accordance with the Concession Agreement Schedule 18: Part F "All employers must ensure that workers under their authority are trained and acquire qualifications and expertise to enable them to gradually become skilled workers." Part G "shall establish a scheme and set aside an annual budget sufficient to cover expenses for short ,medium and long term training and retraining of Lao workers". All labour units in socioeconomic sectors working for them both within the Lao PDR and abroad. 44.15.6 Transport The HCC will plan and implement a public transport system from Nakai and Gnommalath at peak periods in order to encourage construction camp workers with down time and on Sundays to use the regional town of Thakhek for personal and business services. 44.15.7 Workforce Discrimination There will be no ethnic or sexual discrimination in recruitment procedures. 44.15.8 Camp Follower Policy A policy on Camp Follower Management has been prepared by the RMU. It is to be considered by NTPC and GoL and then, after any necessary amendment, will be issued as a Decree by the Governors of Khammouane and Bolikhamxay Provinces. 44.16 TRAFFICKING MANAGEMENT The project offers the potential to provide some new information about the incidence of trafficking in relation to large infrastructure projects. There are a number of organizations presently involved in research and implementation projects on trafficking in Laos and the broader region. A complete compilation of these programs is attached at Appendix 2. 44.16.1 Interventions Normal Intervention strategies have been categorized into five main groups as follows: 1. Interventions in the community (pre-departure): · Vulnerability Reduction (or: Community level prevention of trafficking) · Community level protection 2. Securing the Movement: · Safe migration · Legal Migration 3. Reducing the severity or duration of exploitation: · Reducing Demand (Awareness raising for the general public and potential clients) November 2004 Nam Theun 2 Project ­ Social Development Plan ­ Volume 4 16 Chapter 44: Camp Followers Management Framework · Law Enforcement · Outreach (Gain systematic access to migrants and unaccompanied children in vulnerable conditions) · Rescue 4. Post-harm support: · Victim support (counselling, stable, secure healing environment) · Repatriation · Reintegration · Justice and redress (Protection of returnees from retribution; Legal representation) To date intervention activities on other projects has tended to concentrate on potential "source" villages with information campaigns about the risks of trafficking. (Type 1)These have been found to have limited success. As much of the research work has been done in the villages on the supply side (some recently by UNDP, it has been found that surveys do not provide very reliable information. This is because the village elders are either in denial about their children leaving the village or if there is trafficking involved there is a reluctance by officials and villagers in general to talk as they or their colleagues may be involved. Law enforcement has also been unsuccessful because of the lack of specific legislation and there are also the problems associated with corruption in the police force (Type 3). For the NT2 Project, interventions would most likely be Type 1 and 3 interventions. The degree to which this will be necessary as the project develops will be dependent on a monitoring program. 44.16.2 Monitoring In this construction phase it will be possible to do some destination point interventions. This is unusual for monitoring projects as they have tended to target "source" locations. Monitoring is proposed to take place in the most likely locations - Nakai, Gnommalath, Lak Sao and Thakhek. For consistent monitoring results, it takes considerable time to establish enough trust so that researchers start to get reasonable reliability and the better results have come from monitoring with longer term live- in longitudinal participatory designs. This may not be possible using the rapid appraisal techniques used for development of the PHAP. If longitudinal monitoring at the workforce sites could be integrated into the VSSS system which has been designed for monitoring of the Public Health Action Plan (PHAP, see Chapter 5 of the SDP) it would be more efficient than having monitoring done specifically for incidence of trafficking. If not, the monitoring would need to be integrated into the TOR to be developed for the trafficking information campaign. 44.16.3 Information Campaigns It is proposed that an information campaign be run on behalf of the NT2 project by one of many qualified bodies currently undertaking research and implementation on trafficking. It would target the direct workforce and local residents of the four Districts of the Primary Impact Area and Thakhek. The campaign would give information to potential clients of workers at risk who may have very little understanding of the trafficking issues involved and the potential risks and sanctions. Local resident groups would also be targeted as they can also help by increasing the visibility of the characteristics of trafficking and how to take action if such activity is suspected. Organisations involving in research and implementation of trafficking have also expressed interest in providing third party monitoring for reliability purposes if considered necessary. 44.16.4 Village Anti Trafficking Network There is an existing Pilot Project running in three southern Provinces including Khammouane in which Villages can join an Anti Trafficking network. To date, 22 villages and 8 Districts of the 3 Province have established their network to combat trafficking and significant results have been achieved particularly with regard to illegal labour migration. It is anticipated that the project will assist villages to join this network if intervention is considered necessary based on participatory monitoring results. November 2004 Nam Theun 2 Project ­ Social Development Plan ­ Volume 4 17 Chapter 44: Camp Followers Management Framework 44.17 TOWNSHIP STRUCTURE PLANNING AND INFRASTRUCTURE PROVISION Both Gnommalath and Oudomsouk will be significantly affected by the project. As well as the social impacts identified in Section 44.5, Oudomsouk will also be affected by the flooding of the Nakai reservoir. Much of the area of the existing township will be flooded leading to a spatial structure based on the future irregular shoreline of the area. It is proposed to integrate the planning of the new town spatial structure with the planning requirements of infrastructure once final designs of the project are available. A TOR is to be prepared for this work once the final design of the project is complete. Similarly for Gnommalath there is also an urgent need to coordinate planning of the new township with the development and completion of the Main Construction Camp. As a new urban structure plan has already been prepared for the town, there is an opportunity to maximize benefits to the host community so that service provision to the main camp could be integrated with the needs of the township. Presently there is site preparation works for the new Gnommalath Education Department continuing in areas immediately adjacent to preparation activities for the lay out area for construction of the Nam Theun residence. Access to the Government site is through the Contractor controlled equipment and vehicle yard. The most immediate need is to set up a Steering Committee composed of the District Government, relevant Provincial bodies and the HCC so that common needs and priorities can be assessed. An integration program can then be prepared. ********** * * * ********** November 2004 Nam Theun 2 Project ­ Social Development Plan ­ Volume 4 18 Chapter 44: Camp Followers Management Framework Annex 44-1: Camp Followers Policy. Lao People's Democratic Republic Peace Independence Democracy Unity Prosperity = = = = =000 = = = = = Resettlement Committee No.______/KMG DECISION OF KHAMMOUANE PROVINCE GOVERNOR, PRESIDENT OF RESETTLEMENT COMMITTEE ON SOCIAL ORDER MANAGEMENT DURING THE NAM THEUN 2 PROJECT CONSTRUCTION PERIOD Reference to: · Lao PDR constitution 1991, · Local Administration Law, · Prime Minister Decision No.64/PM, dated 14.11.1998, on Nam Theun 2 Project Resettlement Committee Nomination, · Concession Agreement, dated 3/10/2002, between Lao PDR Government and Nam Theun 2 Power Company Ltd., · Nam Theun 2 Project Resettlement Plan approved by the Lao PDR Government, · Actual Requirement in terms of management, service supply and population control during the Nam Theun 2 Project construction period, The Governor of Khammouane Province, President of Resettlement Committee decides: PART I: GENERAL OBJECTIVE Article 1: Social order management and service supply during Nam Theun 2 Project construction period. 1.1 This regulation forms as base for the District, Village, Worker's Camp and involved persons in terms of population management and service supply during Nam Theun 2 Project construction period. 1.2 To control the various groups and local population entry conformity with the Laws. 1.3 To secure life and property of the population including foreigner who works and visits the project site. PART 2: MANAGEMENT Article 4: Management Kind: In and Out population movement In and Out movement of each office, camp and village staff/worker shall comply with Administration Law means every person possesses identity card, family certificate, passport or other referred paper. · Various office and worker's camp issue their card to all members. In case of relative or visitor for more than 3 months period the office or camp should also provide the card indicating clearly the visit time limit. November 2004 Nam Theun 2 Project ­ Social Development Plan ­ Volume 4 19 Chapter 44: Camp Followers Management Framework · The resettler shall have the family certificate and resettlement certificate approved by the village authority according to the rule. · The provisory resettler or person coming for provisory service supply shall have the provisory resettlement certificate from his residence locality by indicating the validity of 30 days each time. Activity Management 4.1 Individual or committee wishing to establish agent or office shall have the administrative approval prior any action. Land for agent or office building construction shall have full set of documents such as: allocation certificate lease agreement, ownership transfer certificate (purchase/order document) and damage compensation notice. 4.2 Village administrative authority, office, worker's camp are responsible of their member's activity according to the national laws. 4.3 All office, camp and village shall have the interior rules. 4.4 All vehicles including the motorcycle shall have full set of papers such as: license, road fee, technical check, etc. 4.5 All drivers has the driving license, it is prohibited for children under allowed age to drive vehicle on national road. Behaviour and service management 4.6 Administrative authority, office, worker's camp and work site shall manage the various behaviour under their responsibility such as: illegal meeting, bet, scuffle, drinking abuse, disturbing noise, sexual abuse, environment etc. 4.7 The District shall provide service area and facilities such as: · Market area, fresh food near the public community, close the bus station or port and access roads. · Restaurant area at least 1km far from the school, hospital, office/camp. · Shop and restaurant shall comply strictly with the provincial notice. 4.8 All shop shall have business license hanged at a visible place. 4.9 Individual or community wishing to establish a new business should apply to the relevant license authority according to the regulation. 4.10 In and Out goods, merchandises of Agent, office, and shops in line with allocation. If not punishment will be applied according to the Laws. 4.11 Shops shall pay obligations to the state according to the regulations. Health and Sanitation Management 4.12 All office, bureau, worker's camp shall take care of sanitation of their responsible area in a proper and clean manner. 4.13 District and village shall provide solid waste disposal area, issue instruction on waste management. If possible may be establish a group of contractor for the solid waste service. 4.14 Office, bureau and camp shall have recreative area, sport area if possible. 4.15 Office, bureau, worker's camp and shop shall have the toilet at a basic standard and safe. 4.16 Every office shall have a health service unit as following: · At district level, the dispensary. · At office or camp level with more 500 persons the health service unit. November 2004 Nam Theun 2 Project ­ Social Development Plan ­ Volume 4 20 Chapter 44: Camp Followers Management Framework · At office or camp level with less 500 persons, the necessary medical box for emergency need. 4.17 Food cooking and service should assure consumer's health and subject to intermittent inspection. PART 3: IMPLEMENTATION Article 5: Organization 5.1 At relevant provincial and district level the task force committee shall be established, composing of: commerce/custom, security, defence, health and other necessary organization, to monitor the activities of office, bureau, camp and shop in line with rules and regulations. 5.2 The above said committee shall elaborate control and inspection plan to be submitted to the Governor of the Province, President of Resettlement Committee for approval. 5.3 Monitoring operation implementation: · Provincial level every 6 months. · District level, every month. · District in cooperation with village level, every week. · District and village can inspect any time in case of necessity. Every year end the Governor of Province has the right to organize the annual meeting to approve the report and plan of operation to improve the efficiency of the implementation activities for the next coming year. Article 6: Public Consultation The District shall disseminate effectively laws and regulations on social and service management, including official notice and poster at the public place, office, camp, shop and target groups. PART 4: OFFENCE Article 7: Offender 7.1 Offender shall be treated as following: A. In terms of rules To be conducted according to the interior rule of the concerned office, company and camp of the offender. B. In terms of law and traditional custom To be conducted according to the law and concerned local rules. C. In terms of administration · 1st time: notice and memorandum of record · 2nd time: fine, temporary activity interruption until acceptable improvement. · 3rd time: fine double amount of the previous one, to be sue and cease activity. In case of serious offence the offender can be exiled or imprisoned. 7.2 In case of injustice the claim will be dealed as following: November 2004 Nam Theun 2 Project ­ Social Development Plan ­ Volume 4 21 Chapter 44: Camp Followers Management Framework · Claim to the village dispute arbitration, the village committee shall resolve within 15 days. If the resolution is not acceptable then the claimant can appeal to the District compensation committee. · After receiving the claim, the district compensation committee shall consider and resolve within 15 days, by cooperating with the RMU, the SRO. If the resolution by the district level is not acceptable then the claimant can apply to both lines: a) One copy to the District Court. b) One copy to the Governor of Province, President of Resettlement Committee. Then wait for the consideration result. Part 5: Amendment and Effectiveness Article 8: Amendment In case of inconsistence this document can be amended by the 2/3 of members at the annual meeting of the social and service management committee. Article 9: All provincial, district, village, villagers and concerned organizations of 3 provinces shall acknowledge and implement properly. Article 10: This decision will be effective from the date of the signature. At Thakhek, date__________________ Governor of Khammouane Province President Resettlement Committee November 2004 Nam Theun 2 Project ­ Social Development Plan ­ Volume 4 22 Appendix O: Report on Project Lands Baseline Study Phase 1, Methodology APPENDIX O REPORT ON PROJECT LANDS BASELINE STUDY PHASE 1 METHODOLOGY Table of Content O.1 BASELINE STUDY PHASE 1..................................................................................................1 O.2 REMOTE SENSED IMAGERY ACQUISITION.........................................................................1 O.2.1 Entry of Spatial Data into a GIS............................................................................................................ 2 O.3 COMMUNITY IMPACT (LAND PARCEL) MAPS.....................................................................2 O.4 LAND USE AND ASSET MAPS ..............................................................................................6 O.5 LAND PARCEL REPORTS................................................................................................... 10 O.6 DATABASE......................................................................................................................... 13 O.6.1 Asset Data............................................................................................................................................... 13 O.6.2 Participant Data...................................................................................................................................... 13 O.6.3 Household Data..................................................................................................................................... 14 O.6.4 Registration Data.................................................................................................................................... 14 O.6.5 Household Survey Data ........................................................................................................................ 14 O.6.6 Database Queries ................................................................................................................................... 14 O.6.7 Database User Interface........................................................................................................................ 15 List of Tables Table O-1: Digitisation Technique.......................................................................................................................2 Table O-2: Community Impact Types.................................................................................................................3 Table O-3: Land and Asset Types identified to date.........................................................................................6 Table O-4: Example of Project Land Report, A..............................................................................................11 Table O-5: Example of Project Land Report, B ..............................................................................................12 List of Figures Figure O-1: Example of a Community Impact Map - Land Parcel Polygon 38a, First Section of the Downstream Channel.........................................................................................................................4 Figure O-2: Example of a Community Impact Map - Land Parcel Polygon 35, Regulating Dam..............5 Figure O-3: Example of Digitised Land and Assets - Downstream Channel Area.......................................8 Figure O-4: Example of Digitised Land and Assets - Gnommalath District Centre ....................................8 Figure O-5: Example of Digitised Land and Assets ­ Intake Structure ..........................................................9 Figure O-6: Examples of Digitised Land and Assets - Powerhouse Site ........................................................9 Figure O-7: Entity relationship diagram for Baseline Study and Asset Registry database..........................16 November 2004 Nam Theun 2 Project - Social Development Plan - Volume 4 i Appendix O: Report on Project Lands Baseline Study Phase 1, Methodology O.1 BASELINE STUDY PHASE 1 The Objective of Phase 1 of the Baseline Study (most of which has already been conducted) is the production ­ by the interpretation of detailed satellite photos ­ of Preliminary Project Land Reports which contain the following information, for each Project Land analysed: (i) a Land Parcel Map, showing the Land Parcel Area over the satellite image base map; (ii) a Community Impact Map, including inserts of the category 1 and 2 lands for the preliminary construction, construction, and operating period (Section O.3 and Figure O-1); (iii) Land and Asset Maps showing, in detail, the digitised land and asset objects within the Land Parcel Area, and their unique AssetID (Figure O-3 to Figure O-6); and (iv) all information entered into a MSAccess database and displayed, via Visual basic, on a Project Land Parcel report (Table O-4 and O-5). O.2 REMOTE SENSED IMAGERY ACQUISITION Phase 1 of the Baseline Study is based on the use of remotely sensed imagery to enable the preparation of base maps to facilitate a preliminary impact assessment, to be followed by (and used in) the Phase 2 detailed surveying, land/asset identification and evaluation. As the previously available 1994 aerial photos are both (a) now out of date, and (b) difficult to accurately integrate into a GIS system, the acquisition of, high resolution and current satellite imagery was decided as the most cost effective method for most project land parcels analysis. This imagery/data is easily geo referenced and regularized within the current GIS system. Pilot use of such methods firmly verified that the acquisition of up to date remotely sensing data is essential for the conduct of the Baseline Study, particularly in land parcel areas where the probable `field survey' intensity is high. Thus the Project has acquired commercially available, high resolution satellite imagery from the Quickbird satellite, in both the multi-spectral and panchromatic bundle formats. The panchromatic imagery provides 0.6 m resolution and can be used to distinguish features such as roads, waterways, land use, individual trees, houses and small infrastructure. The multi-spectral imagery (red, green, blue and near-infrared wavelengths) provides 2.4 m resolution and can be used to assist in the mapping of vegetation (e.g. classification of land area types, vegetation health, etc.). Digitization by a Contractor and NTPC staff have converted the satellite data (photos) from raster to vector format, for the measurement of linear and aerial features. Three (3) batches of Quickbird satellite images have been obtained, as specified below: i. A 350 km2 area encompassing the Road 8B corridor from the township of Lak Sao to Oudomsouk. The image was captured from the 24 December 2003 to the 6 January 2004; ii. A 171.2 km2 area encompassing the northern portion of the downstream channel from the township of Oudomsouk to the junction of Road 12 and 8B. The image was captured at 3:31pm, 16th January 2003; and. iii. A 124 km2 area encompassing the southern portion of the downstream channel from the junction of Road 12 and 8B, to the confluence of the Downstream Channel and the Xe Bang Fai. The image was captured at 3:25 pm, 29th April 2003. The coordinate system for GPS measurements will be consistent with the system currently used by NTPC, i.e. Universal Transverse Mercator (UTM) coordinates, based on the WGS 84 (World Geodetic System 1984) reference frame. The horizontal accuracy of differential GPS coordinates will be less than ± 1 metre. This will ensure that the rectified image will have a relative horizontal accuracy of within 2 metres (as the accuracy before rectification is ±0.6 metres). November 2004 Nam Theun 2 Project - Social Development Plan - Volume 4 1 Appendix O: Report on Project Lands Baseline Study Phase 1, Methodology O.2.1 Entry of Spatial Data into a GIS The remotely sensed data is being entered into NTPCs GIS system and overlaid on to the polygons of Project Lands. Land use and assets will be identified by detailed visual interpretation and digitization of land and asset boundaries and/or point locations. Land and asset digitization is conducted over all Project Land Areas as mapped in the Concession Agreement, plus at least a 50 m buffer to encompass all contiguous land parcels and assets outside Project Land. O.2.1.1 Accuracy of Digitisation The methods for onscreen digitisation will minimise the potential for areal inaccuracy to +/- 5%. This has been confirmed by ground survey, which compared the accuracy of areal measurements generated by onscreen digitisation with measurements using an electronic distance measurement (EDM) unit. The level of confidence associated with the areal measurement increases with area. Thus areal measurements for small areas will require digitisation at larger scales. The methods for onscreen digitisation are summarised in Table O-1 below. For high value assets that have small areal measurements, such as buildings and some paddy land, infield areal survey will also be required. Table O-1: Digitisation Technique Type of Asset Digitizing Technique (Primary) Houses, Other Buildings, and Digitisation at scale 1:500 (In-field aerial survey will also be Irrigation canals required) Rice fields, Gardens, and Digitisation at scale 1:1,000 for areas > 0.15 ha Fishponds Digitisation at scale 1:500 for areas < 0.15 ha (In-field aerial survey may be required) Shifting Cultivation, Forest, Bamboo, Grassland, Digitisation at scale 1:2000 Cleared Land, Access Routes, Rivers O.3 COMMUNITY IMPACT (LAND PARCEL) MAPS Community Impact Maps have been drafted to provide a spatial representation of the general impact zones on land and assets, based on the current definition of preliminary construction, construction and operating1 periods. Four categories of community impact have been identified as described in Table O-2. 1For the purpose of the community impact assessment, the concession period is understood to commence following completion of the construction phase i.e. equivalent to an operating period. November 2004 Nam Theun 2 Project - Social Development Plan - Volume 4 2 Appendix O: Report on Project Lands Baseline Study Phase 1, Methodology Table O-2: Community Impact Types Community Impact Type Description Permanent Loss Land or assets inside Land Parcel Polygons that are permanently lost to the owner and/or user. Encompasses areas designated as Category 1 land during the Operating Period. Permanently transformed Land or assets on Project Lands which are returned to the GoL after construction but cannot be used by the original PAPs for the original purpose. Thus, from the viewpoint of a PAP, they are permanently transformed and effectively similar to Category 1 lands for the Concession Period. Temporary loss Land or assets inside Land Parcel Polygons that are temporarily lost to the owner and/or user, such as Category 1 land during either the Preliminary Construction or Construction Periods, but not during the Operating Period, and Right of Way required by the Project for a period of time but following this the land may be returned to the Landowner and used for the original purpose. Temporary (possible) Land or assets inside Land Parcel Polygons where use or access is potentially Disturbance disrupted i.e. the Landowner may continue to maintain ownership and use of the land as long as that use does not interfere with Project activities, and/or infrastructure. Encompasses areas designated as Category 2 land during either the Preliminary Construction, Construction or Operating Period. At no stage are these areas designated Category 1 land. Other Potential Impacts Land or assets outside Land Parcel Polygons that may potentially be impacted either permanently or temporarily by Project activities. November 2004 Nam Theun 2 Project - Social Development Plan - Volume 4 3 Appendix O: Report on Project Lands Baseline Study Phase 1, Methodology Figure O-1: Example of a Community Impact Map - Land Parcel Polygon 38a, First Section of the Downstream Channel. November 2004 Nam Theun 2 Project - Social Development Plan - Volume 4 4 Appendix O: Report on Project Lands Baseline Study Phase 1, Methodology Figure O-2: Example of a Community Impact Map - Land Parcel Polygon 35, Regulating Dam November 2004 Nam Theun 2 Project - Social Development Plan - Volume 4 5 Appendix O: Report on Project Lands Baseline Study Phase 1, Methodology O.4 LAND USE AND ASSET MAPS There are many types of assets and land uses in the NT2 project area, and these are identified and digitized, as separate GIS layers with a unique AssetID. While the identification of land use and assets will be further developed during village consultations (Baseline Study Phase 2) and indicative listing of land and asset types identified in the Baseline Study Phase 1 are listed in Table O-3:. Table O-3: Land and Asset Types identified to Date Assets Type Description Access routes All vehicular roads and tracks, both sealed and unsealed. Non-vehicular village tracks that provide access to houses, land and water assets. Houses Primary residential property used by a household. Houses may be permanent brick structures, semi-permanent timber structures or temporary rattan structures. Farm buildings Barns, storage buildings, and shelter huts Other buildings Government buildings, commercial properties, community buildings i.e. temples, schools, hospitals Fishponds Ponds used and maintained for the purpose of catching fish. Irrigation canals Canals or trenches used for the distribution of water, primarily to irrigated rice fields. Irrigated paddy fields Paddy fields predominately used for growing rice under irrigated conditions. Production of two harvests per year is possible. Rainfed paddy fields Paddy fields predominately used for growing rice under rainfed conditions. Production is limited to one harvest per year. Gardens Cultivated land used for the production of annual and/or perennial vegetables and/or fruits. Gardens are usually fenced areas in close proximity to riverine environments but also include banana plantations. Gardens can be visually distinguished on the basis of fence lines or ordered rows of trees, in the case of banana plantations. Shifting cultivation ­ current Newly cleared areas being used for shifting cultivation or in preparation for shifting cultivation. Relatively few areas of current shifting cultivation have been positively identified because images are captured in the dry season. However such areas are likely to be marked by cleared and/or burnt vegetation. Sticky glutinous rice is typically grown in shifting cultivation garden areas for one year, after which the garden is abandoned. Companion crops may include maize, cassava, sugar cane, pineapple, etc. Shifting cultivation - 1 to 3 years Cleared areas that have been used for shifting cultivation in the previous 1 to 3 years. The areas are characterised by a predominance of bamboo and young trees. The canopy width of the regrowth vegetation in these areas is less than 2 metres. The texture of the image is fine-coarse. Rivers Both permanent and seasonal rivers, streams or creeks Forest ­ little disturbed Forest consisting of older mature trees exhibiting a continuous upper tree canopy. Trees typically have canopy width of 15 plus metres. The texture of the image is medium-coarse. Forest ­ disturbed Secondary forest exhibiting a fragmented and disturbed upper tree canopy. The width of the trees canopy varies from 3 to 15 metres. Disturbed forest may contain remnants of little disturbed forest interspersed by past shifting cultivation (> 3 years) and logging. The texture of the image is medium-coarse interspersed by fine-coarse. November 2004 Nam Theun 2 Project - Social Development Plan - Volume 4 6 Appendix O: Report on Project Lands Baseline Study Phase 1, Methodology Assets Type Description Bamboo Bamboo occurs in clumps often where there has been significant land use disturbance i.e. revegetation species following shifting cultivation. Bamboo can be visually distinguished by its characteristic fine smooth texture and light-green color. Bamboo is one of the most important economic plants and has many uses. The roots are gathered cooked and eaten while the stems are used for matting and building materials. The foliage can be used as animal feed Grassland Land permanently covered in grass and interspersed with numerous small trees and scrub. Texture of the image is smooth to medium if there are shrubs, and patches of bare soil. Grassland is possibly used for hunting and this activity is assisted by regular burning in the dry season. Grass can also be used for thatching. Wetland The area between dry land and open water. Includes areas that may be seasonally covered by shallow water. Wetland may be vegetated with forest or grasses. Cleared / barren land Cleared or barren land devoid of vegetation. Does not include village lands, access routes, or lands prepared for agricultural production. Village areas Village and `urban' areas include all the land that is being used for permanent settlements. Village land encompasses land over which the inhabitants of a village have primary rights of access and use. Houses will typically be built on village lands. Within the village this area is kept clear of vegetation, though some small areas of vegetable gardens may be established. Some fruit trees may be planted within the village. Other community assets Other significant community infrastructure such as bridges, pipes, tanks, power lines, fences etc. Other assets Other significant household infrastructure. November 2004 Nam Theun 2 Project - Social Development Plan - Volume 4 7 Appendix O: Report on Project Lands Baseline Study Phase 1, Methodology Figure O-3: Example of Digitised Land and Assets - Downstream Channel Area Figure O-4: Example of Digitised Land and Assets - Gnommalath District Centre November 2004 Nam Theun 2 Project - Social Development Plan - Volume 4 8 Appendix O: Report on Project Lands Baseline Study Phase 1, Methodology Figure O-5: Example of Digitised Land and Assets ­ Intake Structure Figure O-6: Examples of Digitised Land and Assets - Powerhouse Site November 2004 Nam Theun 2 Project - Social Development Plan - Volume 4 9 Appendix O: Report on Project Lands Baseline Study Phase 1, Methodology O.5 LAND PARCEL REPORTS A Land Parcel Report has been prepared for most Project Land Parcel, summarizing in qualitative and quantitative terms, the potential environmental and social impacts. Specifically, the Reports include a description of the following attributes: Location: Land parcel location with respect to major townships and geographic features. Description: A description of the existing and proposed infrastructure contained within the land parcel area (to be updated by NTPC). General disturbance: A description of the proposed construction activities to be undertaken within the land parcel area (to be updated by NTPC). Land parcel area: Land area contained within the land parcel area boundary. Permanent loss area: Land area contained within the permanent loss area boundary. Accompanying map sheets: A list of the 1:2,500 scale map sheet numbers which cover the land parcel. Primary land use type: A list of the primary land uses contained within the land parcel. Villages / buildings: The name of villages and number of buildings contained within the land parcel area. Access routes: Both vehicular and non-vehicular routes traversing or contained within the land parcel area which if disturbed will disrupt community access. Potential environmental impacts: Qualitative assessment of the potential environmental impacts arising from the construction activities within the land parcel area i.e. erosion, decreased water quality in surface waters, loss of fisheries. Environmental mitigation measures: Broad management options for mitigating environmental impacts i.e. deployment of sediment traps for erosion, selective tree clearance. Potential social impacts: Qualitative assessment of the potential social impacts arising from the construction activities within the land parcel area i.e. disruption of access, noise and dust. Social mitigation measures: Broad management options for mitigating social impacts i.e. compensation for loss of land and assets, equipment silencers and dust suppression. Examples of two such reports produced to date are provided as Table O-4 and Table O-5:. These reports are drafted in a 'linked' format which enables them to be update whenever any parameter of a Project Lands is modified. These Preliminary Land Parcel Reports will become final once (i) field work is undertaken as part of Phase 2 of the Baseline Study and, and (ii) the HCJV finalizes their actual requirement for land. The Cost of compensation estimates will always only be indicative, as the actual costs will vary depending on (a) the actual land required by the HCJV and (b) the compensation options chosen, by community consensus, for those land and assets affected by a particular Project Land or Project Land Group November 2004 Nam Theun 2 Project - Social Development Plan - Volume 4 10 Appendix O: Report on Project Lands Baseline Study Phase 1, Methodology Table O-4: Example of Project Land Report, A November 2004 Nam Theun 2 Project - Social Development Plan - Volume 4 11 Appendix O: Report on Project Lands Baseline Study Phase 1, Methodology Table O-5: Example of Project Land Report, B November 2004 Nam Theun 2 Project - Social Development Plan - Volume 4 12 Appendix O: Report on Project Lands Baseline Study Phase 1, Methodology O.6 DATABASE Attribute data for the digitised land and assets will be entered into a database, Microsoft Access beings the nominated database engine for the land and asset database, for reasons including; Relatively easy to develop, backup and administer compared to other database systems; Provides a secure environment for managing relational data i.e. asset and owner information; Capable of managing the number and complexity of records expected for the Baseline Study i.e. approximately 300,000 records, less than 20 fields per table; Provides a seamless linkage with MapInfo; and Can be upgraded to more advanced database applications if required.. The indicative design structure of the database is outlined in the following sections, and a preliminary design structure is represented in the entity relationship diagram (Figure O-7:). The user requirements of the database are summarised as follows: Link MapInfo Asset objects to a MSAccess table; Record additional information about features for each of the Asset objects; Registers participants, and relationship between participants and the assets, including Unit Value and Productive Value of a particular Asset Type of known standard and location; List Households with relationships to Families and Family Members; and Record the results of a socio-economic survey. The database will contains the core tables and table types identified below. O.6.1 Asset Data Assets are mappable objects generated in MapInfo and an AssetID allocated to them. Assets have spatial relationships to each other and the proposed Project Land Areas. The Asset tables record spatial and textual data about mapped assets. AssetMap Tables · These tables are generated in MapInfo for each Asset Type layer and contain the following limited number of fields: MAPINFO_ID, Asset Type, AssetID, Easting, Nothings, Area. · Key Field: AssetID which is an alpha-numeric code generated from the MapInfo ID and Asset Type eg. Access Route AR5604. AssetDetails Tables · These tables are generated in MSAccess and provide the attribute fields for each of the Asset types (or layers). · Key Field: AssetID linked to AssetMap tables AssetID. O.6.2 Participant Data Participants are any person, family, group, company or village that has a relationship with any asset within the Project Land Areas. Participants have only one relationship with any one Asset. Assets may be related to one or many Participants (eg. a forest is accessed by three villages, ten families and the Province), and an Assets may have a different relationship with different Participants. The Participant tables record information about Participants and their relationships to the Assets. Participant Tables · These tables are generated in MSAccess and contain ParticipantID and Type for all participants in the process. · Key field: ParticipantID linked to Participant Details tables which contain fields such as Persons, Companies, Villages, etc.. Participant-Asset LINK Table November 2004 Nam Theun 2 Project - Social Development Plan - Volume 4 13 Appendix O: Report on Project Lands Baseline Study Phase 1, Methodology · This table links Participants to Assets and records the Relationship between the Participant and Asset i.e. owner, occupant, access. O.6.3 Household Data Households contain people some of whom may be a Participant. Households are compensated for total or partial loss on the basis of the make-up of the household and the extent to which a household's livelihood has been impacted. Households will be allocated a unique HouseholdID. Households are not Assets but are linked to a house Asset. Households may house one or many families and this forms in part the basis for compensation. Each family in a household has a Family Head who may or may not be a Participant. Each family has a number of dependents and this forms in part the basis for compensation. HouseholdID will provide a link to the socio-economic survey which will link back to the GIS through the AssetID associated with the HouseholdID. Establishing a listing of all households, families and family members associated with a household. Household Table · Listing households with Family Heads (linked back to Participants) and Household Numbers. Families Table · Families resident in the household identified by Family Head and FamilyBookNo. Family Members Table · The basic unit of socio-economic questionnaires. The Family Members are linked to the Family and Family Head, recording personal statistical details and relationship to the family head. O.6.4 Registration Data Registration establishes a listing of Participant's assets and relationships to those assets as well as recording Unit Prices of assets in order to build Asset Registration Forms for agreements. These will be linked to the Compensation Payments and Registration / Compensation Document Management System. Registration Table · Recording a Registration Number and the participant being registered. Other fields may include date of registration, status of registration and registration type. Note, it is possible a Participant may be connected to more than one Registration No. with the basic rule that: one Registration one Participant, but one Participant many Registrations. Registration-Asset LINK Table · Recording the one to many relationship between a Registration and Assets and includes a Unit Rate based on values determined from the Schedule of Rates. Schedule of Productivity · A flat matrix listing of Asset Type, Asset Area, Asset Standard, Unit and Unit Rates. This table can by updated at any time and is used to set the unit rate for a type of asset at the time of registration. O.6.5 Household Survey Data Records the results of the questionnaire conducted on the basis of a House, Household, Families and Family Members. · Linking the Household No, Family, Family Members and including date of survey, survey team, project area etc. O.6.6 Database Queries The database will be designed to report on standard queries. Such queries will include: List of Participants Related to an Asset: With this relationship concept it will be possible to interrogate the database showing a list of all Participants related to a particular Asset. In the case of a house being rented the query would return at least two records, one for the owner and one for the renter. List of Assets to which a Participant is related: November 2004 Nam Theun 2 Project - Social Development Plan - Volume 4 14 Appendix O: Report on Project Lands Baseline Study Phase 1, Methodology Select a Participant and display a list of all the Assets the Participant has a relationship with the type of relationship the Participant has. Filtering Lists Filter on any query based on the relationship between the Participant and the Asset i.e. show a list of all houses in the Project Area and the name of the owner of those houses. O.6.7 Database User Interface A preliminary user interface has been designed for entry of attribute data relating to land, assets and family livelihood. Visual Basic is the nominated design platform for the user interface as it offers the following advantages: Relatively easy to develop, backup and administer compared to other interface systems including MSAccess i.e. provides increased functionality and more suited to Lao language set; Provides a controlled environment for data entry through the use of check boxes and drop-down lists, and validation code; and Provides a seamless linkage with the MSAccess database. November 2004 Nam Theun 2 Project - Social Development Plan - Volume 4 15 Appendix O: Report on Project Lands Baseline Study Phase 1, Methodology Figure O-7: Entity relationship diagram for Baseline Study and Asset Registry database November 2004 Nam Theun 2 Project - Social Development Plan - Volume 4 16 Appendix P: Inventory of Impacted Villages, Land and Assets (as assessed to Date) APPENDIX P INVENTORY OF IMPACTED VILLAGES, LAND AND ASSETS (AS ASSESSED TO DATE) Table of Contents P.1 SUMMARY OF ALL ASSETS IDENTIFIED IN BASELINE STUDY PHASE 1.....................................2 P.2 BASELINE STUDY PHASE 2, AND IDENTIFICATION OF ASSETS UNDER PCA AREAS................6 P.3 PROJECT LAND GROUP 1..........................................................................................................6 P.4 PROJECT LAND GROUP 2 .........................................................................................................8 P.5 PROJECT LAND GROUP 5 .........................................................................................................8 P.6 PROJECT LAND GROUP 6 .........................................................................................................8 P.7 PROJECT LAND GROUP 10........................................................................................................9 P.8 PROJECT LAND GROUP 11........................................................................................................9 P.9 PROJECT LAND GROUP 15.......................................................................................................11 List of Tables Table P-1: Inventory of Impacted (Category 1) Land and Assets as identified in the Baseline Study Phase 1.................................................................................................................................................... 3 Table P-2: Summary of Crops and Land impacted by Project Land 1 (Phu Phakho/Phaphet Quarry).. 7 Table P-3: Summary of the Main Land and Assets below 538 and 540 EL in and around Oudomsouk Town....................................................................................................................................................... 9 Table P-4: Villages (PAVs) in the Vicinity of the Downstream Channel ..................................................... 10 Table P-5: Land and Assets identified (BS Phase 1) under the Downstream Channel (CA polygon)..... 10 Table P-6: Villages (PAVs) in the vicinity of the 500kV Transmission Line Easement............................. 11 November 2004 Nam Theun 2 Project - Social Development Plan - Volume 4 1 Appendix P: Inventory of Impacted Villages, Land and Assets (as assessed to Date) P.1 SUMMARY OF ALL ASSETS IDENTIFIED IN BASELINE STUDY PHASE 1 The Phase 1 of the Baseline Study for all Project Lands from the north - Phu Phako Quarry, thru Nakai District Centre to the Downstream Channels confluence with the XBF has already been completed, encompassing 37 of the 57 Project Lands. The Baseline Study Phase 1 has not been carried out for the Transmission Lines. This Baseline Study Phase 1 has provided a preliminary identification and estimation of the type, number and dimensions of land and assets affected by these Project Lands. It is 'preliminary' for two reasons: (a) the Project Land polygons used in Phase 1 were, in most cases the location and shape of polygons as used in the Concession Agreement maps, of late 2002. As has been shown by Preliminary Construction Project Lands, the actual land requirement - in terms of location and size is most likely to often change when compared to the CA Project Land Polygon. (in the case of PL1: Phu Phako and PL36: RNT, the Project land requirement has been significantly smaller than the polygon mapped in the CA, (b) Phase 1 of the BS is a desk study based on detailed satellite photo interpretation, and not on field level investigations (due to the uncertainty of many PL area exact location and size). The summary of all land and assets identified, in the Baseline Study Phase 1, as being within Category 1 Project Lands areas as contemplated in the Concession Agreement phase 1 is presented in Table P-1. November 2004 Nam Theun 2 Project - Social Development Plan - Volume 4 2 Appendix P: Inventory of Impacted Villages, Land and Assets (as assessed to Date) Table P-1: Inventory of Impacted (Category 1) Land and Assets as identified in the Baseline Study Phase 1 House Farm Buildings Other Buildings Rainfed rice fields Irrigated rice fields Swidden - current Project Land Area Temp.Loss Perm. Loss Temp.Loss Perm. Loss Temp.Loss Perm. Loss Temp.Loss Perm. Loss Temp.Loss Perm. Loss Temp.Loss Perm. Loss PL No. Description no. area no. area no. area no. Area no. Area no. Area no. area no. area no. area no. area no. area no. area Category 1 Lands assets (ha) assets (ha) assets (ha) assets (ha) assets (ha) assets (ha) assets (ha) assets (ha) assets (ha) assets (ha) assets (ha) assets (ha) 1 1a Quarry - Phu Phet - - - - - - - - - - - - 336 27.55 - - - - - - - - - - 2 16 Rd in Oudomsouk - - - - - - - - - - - - - - - - - - - - - - - - 3 18 SD 12 B 122 1.09 - - - - - - 7 0.05 - - 13 0.36 - - - - - - 12 5.82 - - 4 19 SDs 1A & 2 B 39 0.37 - - - - - - 14 0.24 - - - - - - - - - - - - - - 5 20a Intake Structure 9 0.15 2 0.02 - - - - 12 0.39 2 0.05 - - - - - - - - - - - - 6 20b Intake Str. Const. Camp - - - - - - - - - - - - - - - - - - - - - - - - 7 21a new road & SDs 5, 6, 7 - - - - - - - - - - - - - - - - - - - - 2 1.45 - - 8 26b Construction Camp - HC 3 0.01 - - - - - - 1 0.00 - - 12 0.25 - - - - - - 7 1.74 - - 9 28 SurgeShaft - - - - - - - - - - - - - - - - - - - - - - - - 10 30 Access Portal spoil/ acc rd. - - - - - - - - - - - - - - - - - - - - - 0.01 1 0.02 11 31 HT Access Portal Spoil - - - - - - - - - - - - - - - - - - - - - - - - 12 33 Power Station etc - - 1 0.02 - - - - - - 3 0.02 - - - - - - - - 1 0.27 - - 13 34 Regulating Pond etc - - 1 0.01 - - - - - - 1 0.00 86 2.34 283 8.34 - - - - 5 2.35 1 0.03 14 35 Regulating Dam etc, 6 0.06 1 0.00 - - - - 3 0.01 - - 160 5.89 138 6.69 - - - - 2 1.43 1 0.74 15 36 Residence Nam Theun 2 0.00 - - - - - - - - - - 23 1.65 24 1.54 - - - - 2 1.82 3 3.12 16 40 Construction Camp - - - - - - - - - - - - - - - - - - - - - - - - 17 41 CWArea - - - - - - - - - - - - 6 0.52 - - - - - - 2 1.72 - - 18 44 Construction Camp - - - - - - - - - - - - - - - - - - - - 3 0.47 - - 19 46 Construction Camp - - - - - - - - - - - - 1 0.11 - - - - - - 5 1.46 - - 20 48 Construction Camp - - - - - - - - - - - - - - - - - - - - 6 2.55 - - subtotal 181 1.7 5 0.1 - - - - 37 0.7 6 0.1 637 38.7 445 16.6 - - - - 47 21.1 6 3.9 21DC38a Downstream Channel, a 3 0.02 9 0.04 - - - - - - 1 - 97 3.35 570 21.53 110 4.17 362 16.06 2 0.07 - - 22DC38b Downstream Channel, b - - - - - - - - - - - - 33 4.34 73 3.46 - - 169 7.85 4 0.94 7 3.37 23DC38c Downstream Channel, c - - - - - - 1 - - - - - - - 10 0.69 - - - - 4 1.79 8 9.40 24DC38d Downstream Channel, d - - - - - - - - - - - - - - - - - - - - - - 2 0.29 subtotal 3 0.02 9 0.04 - - 1 - - - 1 - 130 7.68 653 25.69 110 4.17 531 23.90 10 2.80 17 13.06 Road Alignments, Category 2 25 6 new acces Rd to Dam site - - - - 11 0.03 - - - - - - 319 10.89 - - - - - - 14 4.12 - - 26 17 bypass, SDs 1A 2B - - - - - - - - - - - - - - - - - - - - - - - - 27 27 new access route - - - - - - - - - - - - - - - - - - - - - - - - 28 29 new access route - - - - - - - - - - - - - - - - - - - - - - - - 29 32 existing road(PS to Os) - - - - - - - - - - - - - - - - - - - - - - - - 30 37 existing road (Gnom to ?) - - - - - - - - - - - - - - - - - - - - - - - - 31 39a new access route - - - - - - - - - - - - - - - - - - - - - - - - 32 39b new access route - - - - - - - - - - - - - - - - - - - - - - - - 33 42 new access route 1 - - - - - - - - - - - 30 2.04 - - - - - - 2 1.11 - - 34 47 new access route 1 - - - 1 - - - - - - - 60 2.12 - - - - - - 2 0.50 - - 35 49a existing road - - - - ` - - - - - - - - - - - - - - - - - - - 36 51 existing road - - - - - - - - - - - - - - - - - - - - - - - - 37 56 existing road - - - - - - - - - - - - - - - - - - - - - - - - subtotal 2 - - - 12 0.03 - - - - - - 409 15.05 - - - - - - 18 5.73 - - Total 186 1.71 14 0.09 12 0.03 1 - 37 0.70 7 0.08 1,176 61.41 1,098 42.26 110 4.17 531 23.90 75 29.62 23 16.97 November 2004 Nam Theun 2 Project - Social Development Plan - Volume 4 3 Appendix P: Inventory of Impacted Villages, Land and Assets (as assessed to Date) Swiden fallow (3 years) Gardens Bamboo Grassland Fishponds Forest - disturbed Project Land Area Temp.Loss Perm. Loss Temp.Loss Perm. Loss Temp.Loss Perm. Loss Temp.Loss Perm. Loss Temp.Loss Perm. Loss Temp.Loss Perm. Loss PL No. Description no. area no. area no. area no. area no. area no. area no. Area no. Area no. of area no. of area no. area no. area Category 1 Lands assets (ha) assets (ha) assets (ha) assets (ha) assets (ha) assets (ha) assets (ha) assets (ha) assets (ha) assets (ha) assets (ha) assets (ha) 1a Quarry - Phu Phet - - - - - - - - - - - - 17 33.80 - - - - - - 11 179.72 - - 16 Rd in Oudomsouk - - - - - - - - - - - - - - - - - - - - - - - - 18 SD 12 B 12 14.26 - - 40 1.67 - - 3 0.17 - - 4 1.54 - - 13 1.42 - - 3 2.73 - - 19 SDs 1A & 2 B 6 7.93 - - 9 0.35 - - - - - - - - - - - - - - 4 3.85 - - 20a Intake Structure 3 7.11 1 3.63 3 0.05 - - - - - - 1 0.34 2 0.46 - - - - 4 1.03 2 0.98 20b Intake Str. Const. Camp 7 5.82 - - 2 0.13 - - - - - - - - - - - - - - 5 10.78 - - 21a new road & SDs 5, 6, 7 7 36.51 - - - - - - - - - - - - - - - - - - 7 10.63 - - 26b Construction Camp - HC 14 36.78 - - 3 0.04 - - - - - - 3 0.36 - - 2 0.04 - - 1 0.78 - - 28 SurgeShaft - - 0.40 1 1.30 - - - - - - - - - - - - - - - - - - - - 30 Access Portal spoil/ acc rd. 1 0.25 2 0.88 - - - - - - - - - - - - - - - - - 0.34 2 0.40 31 HT Access Portal Spoil 1 0.93 - - - - - - - - - - - - - - - - - - 1 0.01 - - 33 Power Station etc 1 32.46 13 25.96 3 2.18 9 2.42 3 0.08 6 0.08 1 0.17 3 1.30 - - - - 3 3.80 3 0.57 34 Regulating Pond etc 10 78.35 28 30.12 15 2.76 125 4.65 17 2.00 70 5.53 4 0.87 37 13.92 - - - - 6 91.55 17 57.12 35 Regulating Dam etc, 10 12.56 8 4.70 41 3.69 20 1.72 33 1.26 24 1.25 9 1.98 9 2.26 1 0.01 1 0.07 1 33.39 6 7.16 36 Residence Nam Theun 2 4.72 6 8.86 7 0.04 1 0.04 4 0.40 9 0.20 2 0.95 1 0.11 - - - - 3 1.27 2 24.16 40 Construction Camp 17 15.44 - - - - - - - - - - - - - - 1 0.03 - - - - - - 41 CWArea 3 0.87 - - - - - - - - - - 1 1.34 - - - - - - 1 0.65 - - 44 Construction Camp 3 17.42 - - - - - - - - - - - - - - - - - - 3 3.74 - - 46 Construction Camp 3 5.70 - - - - - - - - - - 1 0.01 - - - - - - 1 18.69 - - 48 Construction Camp 3 0.14 - - - - - - - - - - - - - - - - - - 2 6.92 - - subtotal 103 276.8 59 75.4 123 10.9 155 8.8 60 3.9 109 7.1 43 41.4 52 18.0 17 1.5 1 0.1 56 369.9 32 90.4 DC38a Downstream Channel, a 4 3.66 11 3.07 1 - - - 8 0.11 22 0.41 4 0.29 18 1.12 4 0.15 7 0.23 1 0.66 1 1.68 DC38b Downstream Channel, b 5 11.56 14 40.94 - - - - - - 2 0.09 13 2.56 22 8.25 - - 10 0.18 - - 6 1.42 DC38c Downstream Channel, c 3 3.76 18 19.08 - - - - - - - - 1 0.86 9 5.00 1 0.09 - - 2 6.48 7 39.69 DC38d Downstream Channel, d 1 6.66 14 20.18 - - - - - - - - - - - - - - - - 3 6.48 7 112.48 subtotal 13 25.64 57 83.27 1 - - - 8 0.11 24 0.50 18 3.71 49 14 5 0.24 17 0.41 6 13.63 21 155.26 Road Alignments, Category 2 6 new acces Rd to Dam site 23 75.25 - - - - - - - - - - 2 4 - - - - - - 2 1.55 - - 17 bypass, SDs 1A 2B - - - - - - - - - - - - - - - - - - - - - - - - 27 new access route - - - - - - - - - - - - - - - - - - - - - - - - 29 new access route - - - - - - - - - - - - - - - - - - - - - - - - 32 existing road(PS to Os) - - - - - - - - - - - - - - - - - - - - - - 1 0.19 37 existing road (Gnom to ?) - - - - - - - - - - - - - - - - - - - - - - - - 39a new access route - - - - - - - - - - - - - - - - - - - - - - - - 39b new access route - - - - - - - - - - - - - - - - - - - - - - - - 42 new access route 6 14.31 - - - - - - - - - - 17 11.55 - - 4 0.42 - - - - - - 47 new access route 4 26.91 - - - - - - - - - - 1 0.13 - - - - - - 1 16.73 - - 49a existing road - - - - - - - - - - - - - - - - - - - - - - - - 51 existing road - - - - - - - - - - - - - - - - - - - - - - - - 56 existing road - - - - - - - - - - - - - - - - - - - - - - - - subtotal 33 116.47 - - - - - - - - - - 20 16.11 - - 4 0.42 - - 3 18.28 1 0.19 Total 149 418.95 116 158.71 124 10.90 155 8.84 68 4.02 133 7.56 81 61.19 101 32.41 26 2.16 18 0.48 65 401.77 54 245.85 November 2004 Nam Theun 2 Project - Social Development Plan - Volume 4 4 Appendix P: Inventory of Impacted Villages, Land and Assets (as assessed to Date) Forest - little disturbed Irrigation canals Other assets Village area Wetland swamp All Assets Project Land Area Temp.Loss Perm. Loss Temp.Loss Perm. Loss Temp.Loss Perm. Loss Temp.Loss Perm. Loss Temp.Loss Perm. Loss Temporary Loss Permanent Loss PL No. Description no. area no. area no. Area no. Area no. Area no. Area no. area no. area no. Area no. Area no. of Area no. of Area Category 1 Lands assets (ha) assets (ha) assets (ha) assets (ha) assets (ha) assets (ha) assets (ha) assets (ha) assets (ha) assets (ha) assets (ha) assets (ha) 1a Quarry - Phu Phet 1.0 104.44 - - - - - - - - - - - - - - - - - - 365 345.51 - - 16 Rd in Oudomsouk - - - - - - - - - - - - - - - - - - - - - - - - 18 SD 12 B - - - - - - - - 12 1.07 - - 6 12.95 - - 7 1.21 - - 267 45.76 - - 19 SDs 1A & 2 B - - - - - - - - 11 0.63 - - 4 5.66 - - - - - - 87 19.03 - - 20a Intake Structure - - - - - - - - 4 1.74 - - 1 0.09 - - - - - - 37 10.90 9 5.14 20b Intake Str. Const. Camp - - - - - - - - 1 0.28 - - - - - - - - - - 15 17.01 - - 21a new road & SDs 5, 6, 7 1 0.51 - - - - - - - - - - - - - - - - - - 17 49.09 - - 26b Construction Camp - HC - - - - - - - - - - - - 1 0.08 - - - - - - 49 40.13 - - 28 SurgeShaft - 19.29 1 1.70 - - - - - - - - - - - - - - - - - 18.89 2 3.00 30 Access Portal spoil/ acc rd. - - - - - - - - - - - - - - - - - - - - 1 0.59 5 1.30 31 HT Access Portal Spoil 1 2.44 - - - - - - - - - - - - - - - - - - 3 3.38 - - 33 Power Station etc 6 13.21 1 13.86 - - - - - - - - - - - - - - 1 0.14 18 52.17 40 44.36 34 Regulating Pond etc 8 39.62 1 0.84 - - - - - - 1 0.13 - - - - - 0.11 8 0.82 151 219.95 573 121.54 35 Regulating Dam etc, - - - - - - - - - - - - 1 1.30 2 0.15 1 0.29 2 0.33 269 61.87 213 25.15 36 Residence Nam Theun - - - - - - - - - - - - 1 0.44 2 0.08 1 0.16 - - 47 11.45 48 38.09 40 Construction Camp - - - - - - - - - - - - - - - - - - - - 19 15.50 - - 41 CWArea - - - - - - - - - - - - - - - - - - - - 13 5.10 - - 44 Construction Camp - - - - - - - - - - - - - - - - - - - - 9 21.64 - - 46 Construction Camp - - - - - - - - - - - - - - - - - - - - 11 25.97 - - 48 Construction Camp - - - - - - - - - - - - - - - - - - - - 11 9.61 - - subtotal 17 179.5 3 16.4 - - - - 28 3.7 1 0.1 14 20.5 4 0.2 9 1.8 11 1.3 1,389 973.54 890 238.58 DC38a Downstream Channel, a - - - - 1 0.21 6 0.37 - - 2 0.23 - - 2 0.35 - - 1 0.01 239 12.84 1,019 45.32 DC38b Downstream Channel, b - - - - - - 1 0.04 - - - - - - - - - - - - 55 19.40 314 65.79 DC38c Downstream Channel, c 1 0.23 1 0.98 - - - - - - - - - - - - - - - - 13 13.31 54 74.83 DC38d Downstream Channel, d - - - - - - - - - - - - - - - - - - 1 0.73 4 13.15 24 133.67 subtotal 1 0.23 1 0.98 1 0.21 7 0.41 - - 2 0.23 - - 2 0.35 - - 2 0.73 311 58.70 1,411 319.61 Road Alignments, Category 2 6 new acces Rd to Dam site - - - - - - - - - - - - - - - - - - - - 371 96.27 - - 17 bypass, SDs 1A 2B - - - - - - - - - - - - - - - - - - - - - - - - 27 new access route - - - - - - - - - - - - - - - - - - - - - - - - 29 new access route - - - - - - - - - - - - - - - - - - - - - - - - 32 existing road(PS to Os) - - - - - - - - - - - - - - - - - - - - - - 1 0.19 37 existing road (Gnom to ?) - - - - - - - - - - - - - - - - - - - - - - - - 39a new access route - - - - - - - - - - - - - - - - - - - - - - - - 39b new access route - - - - - - - - - - - - - - - - - - - - - - - - 42 new access route - - - - - - - - - - - - - - - - - - - - 64 29.86 - - 47 new access route - - - - - - - - - - - - - - - - - - - - 70 46.40 - - 49a existing road - - - - - - - - - - - - - - - - - - - - - - - - 51 existing road - - - - - - - - - - - - - - - - - - - - - - - - 56 existing road - - - - - - - - - - - - - - - - - - - - - - - - subtotal - - - - - - - - - - - - - - - - - - - - 505 172.52 1 0.19 Total 18 179.74 4 17.38 1 0.21 7 0.41 28 3.71 3 0.36 14 20.53 6 0.58 9 1.77 13 2.02 2,205 1,204.76 2,302 558.37 November 2004 Nam Theun 2 Project - Social Development Plan - Volume 4 5 Appendix P: Inventory of Impacted Villages, Land and Assets (as assessed to Date) P.2 BASELINE STUDY PHASE 2, AND IDENTIFICATION OF ASSETS UNDER PCA AREAS Phase 2 of the Baseline Study - identification and registration of the owners and users of the affected land and assets - is now underway, focusing initial on: (a) Project Lands required for Preliminary Construction Activities (PCA); and (b) Project Lands for which the location shape and size the land required by NTPC/HCJV cannot be changed even during the detailed design phase: The Powerhouse (PL33), the Regulating Pond (PL34) and the regulating dam (PL35). Thus, the main PCA Project Lands undergoing field survey and owner registration include; · PL1: Phu Phako (see section XX for results) · PL20b: Nakai Construction Camp · PL33: Powerhouse · PL36: Residence Nam Then (HCJV and NTPC Camp) (see section XX for results) · PL40: Main sub-Contractors Camp (see section XX for results) · PL 5: Nakai Dam site For these Project Lands, the baseline data presented below is based on: (a) the exact PL area required by the HCJV (not the CA area); (b) the identification of (and discussions with) PAVs and PAP; (c) agreement with such PAP and PAVS on the types, location and number of affected assets. P.3 PROJECT LAND GROUP 1 PL group 1 is the most northerly group of Project Lands, and are all in Khamkerd District of Bolikhamxai Province. This group includes; · PL la: Phou Phako Quarry [Cat 1] · PL lb: Phou Phako Access Road [Cat 1] · PL2: Road 8B: Dam Site Access Road to Phou Phako Quarry Access Road Junction[Cat 2] · PL 3: Road 8B: Phou Phako Quarry Area Access Road Junction to Lak Sao [Cat 2] The impact of Category 1 lands in PL 1 as presented in Table P-2 is not based on that area actually required by the HCJV, which is considerably smaller than that area provided to the Baseline Study team in 2003. Table P-2 below provides details on the crop lands and crops grown on these lands under the area of Category 1 land required by the HCJV to establish and operate its rock crushing plant at the Phu Phako quarry site. As can be seen and total of 9.22 hectares of gardens and upland fields, and 3.22 hectares of paddy will be lost, and require compensation. This Project Land is categorized as Category 1 for the duration of the Construction Phase only, and not the Operation Phase, and thus 'theoretically' would be handed back to the current users in its current state. As this will not be possible - to return a quarry processing platform as fields an paddy or upland land - this land will be permanently transformed, and thus compensation for these lands will be on the basis of indefinite requirement - that is, full compensation. November 2004 Nam Theun 2 Project - Social Development Plan - Volume 4 6 Appendix P: Inventory of Impacted Villages, Land and Assets (as assessed to Date) Table P-2: Summary of Crops and Land impacted by Project Land 1 (Phu Phakho/Phaphet Quarry) Garden, Field Paddy value productivity unit value Name Crop Area (m2) (kip/yr) Area (ha (kg/ha) (kip/kg) value (kip/yr) 1 Mr Sieng oun Chilli 8,040 3,000,000 [Ban Nam Thi] Corn 800,000 Total 3,800,000 2 Mrs Mai Van Banana 1,925 600,000 [Ban Nam Thi] Cassava 1,000,000 Sugar cane 280,000 Total 1,880,000 3 Mrs Mee Cassava 3,570 400,000 (Ban Nam Thi) Sugar cane 350,000 Corn 400,000 Total 1,150,000 5 Mr Khen Mon Chilli 980 [Ban Nam Thi] Corn Total 300,000 7 Mr Soon Chilli 8,405 3,500,000 [Ban NamThi] 8 Mr Nhot (noune) Chilli 2,401 [Ban NamThi] Papaya Corn Total 150,000 9 MrSiengKhamta Cassava 1,505 [Ban NamThi] Sugar cane banana Total 150,000 10 Mr Kham Ka Chilli 7,529 [Ban NamThi] Banana Total 3,100,000 11 Mr Huk Chilli 12,075 [Ban NamThi] maize Mushroom Total 4,000,000 12 Mrs Sai Cassava 12,600 [Ban NamThi] Chilli Corn Total 1,450,000 13 Mr Kham Hom Cassava 3,093 [Ban NamThi] Chilli Sugar cane Total 3,500,000 16 Mr Noi Cassava 13,500 [Ban NamThi] Banana Pinenaple Mart Mong Total 1,260,000 4 Mr Air 0.8460 2,100.00 1,300 2,309,580 [Ban Nam Thi] 14 Mr Nhai banana 17,371 1.3610 3,500 1,300 6,192,550 [Ban NongPhong] Cassava Pinenaple Chilli Fruit Tree Total 11,550,000 6,192,550 17 Mr Vee Sien 0.7115 1,050 1,300 971,198 [Nam Phao] 18 Mr Kham sai 0.3015 [Somsanouk] Total 92,994 35,790,000 3.220 6,650 9,473,328 9.2 ha $3,409 3.22 ha $902 November 2004 Nam Theun 2 Project - Social Development Plan - Volume 4 7 Appendix P: Inventory of Impacted Villages, Land and Assets (as assessed to Date) P.4 PROJECT LAND GROUP 2 This Project Land group is also largely in Khamkerd District, and includes 2 Category 2 PLs, one Category 1 Project Land, and a Category 2 land which will be permanently transformed, as follows; · PL 4: Dam Site Access Road - from Nam Nian to Dam Site along Nam Theun [Cat 2) · PL 5: Nakai Dam Site [Cat 1] · PL 6: Nakai Dam Access Road from Road 8b[Cat 2, but permanently transformed] · PL 7: Road 8B - Ban Nam Nian to Dam Site Access Road turnoff [Cat 2)] Based on data from the Phase 1 of the Baseline Study, Project Lands 4, 5 and 6 have few if any productive lands and fixed assets, and while they may impact some swidden field and NTFP collections sites, they are road linear features and thus will not take significant villager assets if any, and the villages it may impact in this way - Ban Sop Hia and Ban Nam Nian - will be relocated due the plateau inundation. Thus, compensation for these villages will come via the much more significant Plateau resettlement program rather than the PL program. The Category 1 Nakai Dam site is all forest, and not accessible by any village except Ban Sop Hia. The Concession Area polygon of PL 4 contains considerable paddy rice fields and some garden and swidden areas. However, it is most likely that the HCJV will avoid most if not all of these productive and village assets. In any case, an inventory of such assets can only be made once the actual alignment of this road is decided. P.5 PROJECT LAND GROUP 5 This small group of Project Lands is comprised of: · PL 13: Access Road - to Saddle dams 13A/14A · PL 14: Saddle Dam 13A · PL 15: Saddle Dam 14A ... and located in the north west of the Project Area (north western area if the future reservoir), basically in the Nam Malou basin. There are no villages and no fixed or agricultural productive land or assets in this area. Villages who may use this area for forest product products are plateau villages to be relocated to the edge of the future reservoir, and thus any small (very small) impact from these Project Lands on forest product collection will be compensated for as part of the Plateau Reservoir Resettlement program. P.6 PROJECT LAND GROUP 6 This group includes the following Projects Lands; · PL 16: Existing Road 8B - Alignment between centre of Oudomsouk to southern edge of SD 12B · PL 17: Road - Old alignment between centre of Oudomsouk to construction camp area SE of Oudomsouk · PL 18: Saddle Dam 12B · PL 19: Saddle Dam 1A, 2B · PL 20: Intake Structure, Saddle Dam 4A & Construction Camp Area Southeast of Oudomsouk The land and assets identified in Baseline Study Phase 1 as being under Concession Agreement Category 1 areas of these Project Lands is detailed in Table P-1. However, this area is impacted by both (a) Project Lands, and (b) inundation by the NT2 reservoir. November 2004 Nam Theun 2 Project - Social Development Plan - Volume 4 8 Appendix P: Inventory of Impacted Villages, Land and Assets (as assessed to Date) The design of the saddle dams (Project Lands) in and around Oudomsouk village is under review in order to try and limit Project Land impact. However, if Project Land impact is reduced (by relocation of saddle dams) the impact from reservoir inundation will increase. Thus, a supplementary analysis has been done of those lands and assets in Oudomsouk village in relation to the elevation of the reservoir, as, and the results are presented in Table P-3. Table P-3: Summary of the Main Land and Assets below 538 and 540 EL in and around Oudomsouk Town. below 540 EL above 538 EL No. Area (ha) No. Area (ha) 3 other buildings 16 0.211 62 1.892 4 fish ponds 23 2.497 5 0.083 5 gardens 37 5.456 40 1.158 6 grasslands 9 5.456 40 1.158 7 houses 193 1.972 333 3.439 8 paddy rice fields 331 9.561 63 1.153 25.153 8.883 In any case, a significant number of assets in Oudomsouk village, Nakai Districts Centre, will be affected by either (a) construction of saddle dams and/or (b) flooding from the reservoir. The detailed identification and registration of the owners for land and assets under this group of Project Lands will be undertaken as part of the Baseline Study Phase 2, in September to October 2004. P.7 PROJECT LAND GROUP 10 This Project Land group is comprised of; · PL 33: Power Station Site: includes camp area at north, Preliminary works area and Concession phase areas, Transmission Lines, and continues to end of tailrace channel [Cat 1] · PL 34: Regulating Pond: includes camp areas, Transmission Lines and rerouted Road 8B) [Cat 1] · PL 35: Regulating Dam area: includes part of Transmission Lines and rerouted Road 8B and spoil areas [Cat 1] · PL 36: Residence Nam Theun: The temporary residence and office of the HCJV and the office and residence of the hydropower division of NTPC [Cat 1] The Baseline Study Phase 2 is currently being undertaken in these areas, and detailed data on affected households will be available by September 2004. P.8 PROJECT LAND GROUP 11 This Project Land group is composed of: · PL 37: Road 8B - Gnommalat to Regulating Dam (center of Nam Gnom) [Cat 2] · PL 38: Downstream Channel, including indicative spoil locations [Cat 1] · PL 52: 115 & 500 kV Transmission Line from Reg Dam to turnoff to Thakhek [Cta 1 + 2] · PL 39: Access Road to Downstream Channel, north of Gnommalat [Cat 1 + 2] Demographic and ethnic data of the villages in and around the downstream channel are presented in Table P-4, below. November 2004 Nam Theun 2 Project - Social Development Plan - Volume 4 9 Appendix P: Inventory of Impacted Villages, Land and Assets (as assessed to Date) Table P-4: Villages (PAVs) in the Vicinity of the Downstream Channel No. Village District HHs in village (2000) 1 Keoivilai Gnommalath 58 2 Laongarm Gnommalath 122 3 Nongsaeng Gnommalath 64 4 Thathot Gnommalath 171 5 Phonlatkhuay Gnommalath 113 6 Phonkhame Gnommalath 7 Thongmang Gnommalath 46 8 Donesavang Gnommalath 25 9 Namkathang Gnommalath 64(?) 10 Thamphuang Gnommalath 78 11 Thamphong Gnommalath 37 12 Thangbeng Gnommalath 13 Phathung Gnommalath 59 14 Phonkhene Gnommalath 15 Kuanphan Gnommalath 176 16 Khok Mahaxai 17 Phachumkhong Mahaxai 51 Within the current, and 'indicative only' alignment and width definition of the Downstream Channel as used in the baseline Study Phase 1, a total of approximately 60 ha will be temporarily lost during the preliminary construction and construction phases and 354 ha permanently lost. Table P-5 summarizes the number of assets and land area impacted under the downstream channel, while Table P-1 provides details of the exact type of land and assets potentially affected, the actual land and assets depending on the final configuration of the Category 1 and Category 2 polygon by NTPC and the HCJV Table P-5: Land and Assets identified (BS Phase 1) under the Downstream Channel (CA polygon) Temporarily lost Permanently lost land/asset No. Area (ha) No. Area (ha) 1 bamboo 3 9 2 farm buildings 1 3 other buildings 1 4 fish ponds 5 0.24 17 0.41 5 gardens 1 6 grasslands 18 3.71 49 14 7 houses 3 9 8 rainfed paddy rice fields 130 7.68 653 25.69 9 irrigated paddy fields 119 4.17 531 23.90 10 current SC fields 10 2,80 17 13.06 11 3 year swidden fields 13 25.64 57 83.27 total November 2004 Nam Theun 2 Project - Social Development Plan - Volume 4 10 Appendix P: Inventory of Impacted Villages, Land and Assets (as assessed to Date) P.9 PROJECT LAND GROUP 15 This Project Land group is comprised of; · PL 54: 500 kV Transmission Line from turnoff to Thakhek to Savannakhet [Cat 1 + 2] · PL 55: 500 kV Transmission line access roads (multiple pieces of land) [Cat 1 + 2] The 138 .km long transmission line conveying electricity from the power house to the Thai electricity grid will initially pass thru the paddy field areas of the Gnommalath Plain, then mixed paddy and forest areas of Mahaxai before traversing the forests of middle Khammouane Province. It then crosses the Xe Bangfai River just upstream from the Rd no. 13 Bridge. After this, it passes through relatively sparsely populated farming in degraded forest areas, then thru medium densely populated paddy areas before reaching the Mekong river, north of the Savannakhet Provincial Center. About 36 villages are located close to the route of the transmission line, and these are listed in Table P-6. The exact type and number of affected assets awaits a clearer definition of the alignment of the Transmission Lines, and the implementation of the Baseline Study. This is expected to be complete by April 2005. Table P-6: Villages (PAVs) in the vicinity of the 500kV Transmission Line Easement HHs in Village No. Village Province District (2000) 1 Keovilay Khammouane Gnommalath 104 2 NongSeng Khammouane Gnommalath 64 3 Siboonhueng Khammouane Gnommalath 46 4 NaMixay Khammouane Gnommalath 86 5 Gnommaarart Khammouane Gnommalath 132 6 NongPing Khammouane Gnommalath 104 7 Thamphuang Khammouane Gnommalath 78 8 Thamphong Khammouane Gnommalath 37 9 Thangbeng Khammouane Gnommalath 10 Phathung Khammouane Gnommalath 59 11 Phonkene Khammouane Gnommalath 12 Kuaphan Khammouane Gnommalath 176 13 Khok Khammouane Mahaxai 14 Phachoumkhong Khammouane Mahaxay 51 15 Phonsaart Khammouane Gnommalath 61 16 Phonkham Khammouane Mahaxay 48 17 Koktong Khammouane XBF 67 18 Some Khammouane XBF 154 19 Thamlai Khammouane XBF 89 20 Khokkengkhene Khammouane XBF 50 21 Tung Khammouane XBF 227 22 Dongsavang Khammouane XBF 38 23 Bunghouananeua Khammouane XBF 55 24 Bunghouanatai Khammouane XBF 120 25 Nongbone Khammouane XBF 136 26 Manilad Savannakhe Xaybouly 66 27 Natong Savannakhet Xaybouly 42 28 Houaythong Savannakhet Xaybouly 22 29 Nadeng Savannakhet Xaybouly 80 November 2004 Nam Theun 2 Project - Social Development Plan - Volume 4 11 Appendix P: Inventory of Impacted Villages, Land and Assets (as assessed to Date) HHs in Village No. Village Province District (2000) 30 Namouang Savannakhet Xaybouly 98 31 Kachou Savannakhet Xaybouly 140 32 Khaokat Savannakhet Xaybouly 47 33 Laopai Savannakhet Xaybouly 65 34 Phosanh Savannakhet Xaybouly 17 35 Kengherd Savannakhet Xaybouly 92 36 Khamnonsoung Savannakhet Xaybouly 80 ********* * * * ********** November 2004 Nam Theun 2 Project - Social Development Plan - Volume 4 12 Appendix Q: Preliminary Ethnic Minority Baseline Data and Analysis APPENDIX Q PRELIMINARY ETHNIC MINORITY BASELINE DATA AND ANALYSIS Table of Content Q.1 INTRODUCTION AND OVERVIEW OF ETHNIC GROUPS IN PROJECT LANDS...................1 Q.1.1 Project Land Groups 1 and 2: Along Road 8B in Bolikhamxai Province.................................................... 2 Q.1.2 Project Land Groups 6 and 7: Oudomsouk Town.......................................................................................... 3 Q.1.3 Project Land Groups 11-13 in Downstream Areas on the Gnommalath Plain .......................................... 4 Q.1.4 Project Land Groups 14-15 along Road 12 and Transmission Lines ........................................................... 5 Q.2 PARTICULAR ETHNIC ISSUES ........................................................................................6 Q.2.1 Consultation Process ........................................................................................................................................... 6 Q.2.2 Vietic Groups along Road 8B............................................................................................................................. 7 Q.2.3 Hmong Villages along Road 8B......................................................................................................................... 7 Q.2.4 Ethnic Issues in relation to Resettlement of Parts of Oudomsouk............................................................... 7 Q.2.5 Completion of Data Collection and Analysis for Groups 14-15................................................................... 7 List of Tables Table Q-1: Overview of Ethnic Groups in relation to Project Lands............................................................1 Table Q-2: Ethnic Groups along Road 8B..........................................................................................................2 Table Q-3: Origins of In-Migration into Oudomsouk, 1992-96 .....................................................................4 Table Q-4: Ethnic Population Male and Female Household Head in Oudomsouk....................................4 Table Q-5: Ethnic Groups in the Villagers close to the Downstream Channel Project Lands..................5 Table Q-6: Villages along Road 12 .......................................................................................................................5 Table Q-7: Villages in the Vicinity of the 500kV Transmission Line Easement ..........................................6 November 2004 Nam Theun 2 Project ­ Social Development Plan ­ Volume 4 1 Appendix Q: Preliminary Ethnic Minority Baseline Data and Analysis Q.1 INTRODUCTION AND OVERVIEW OF ETHNIC GROUPS IN PROJECT LANDS Ethnic Minority issues have been addressed in detail in Volumes 2 and 3 of the SDP, including detailed socio-economic and cultural assessments that form the basis for resettlement and mitigation. Since Project Lands are located in the same areas or areas adjacent to the Plateau resettlement zone and the Xe Bangfai, only particular issues will be raised in relation to Project Lands and areas that have not been covered in Volumes 2 and 3 sufficient detail. The most important aspect of Ethnic Minority baseline data will be to provide information and background that will enhance the consultation process and make it more `culturally sensitive. Table Q-1 provides an overview of the ethnic minorities in relation to the location of the different Project Land groups (see Table 43-1 and Figures 44-1 and 44-2). Table Q-1: Overview of Ethnic Groups in relation to Project Lands PL Group Description Ethnic Groups 1 Phou Phako Quarry and access road and Road 8B Various ethnic villages along Road 8B, including Tai upgrading from quarry to Lak Sao Meuy, Hmong and Vietic, as well as small groups of Tai Theng, Sek, Khmu and Bo near Lak Sao. 2 Dam Site, Dam Site Access road and road to Nam Access road exit near the Hmong/Vietic village of Nian Phonsa-at 3 Road 8B between Thalang and Nam Nian Mixed ethnic composition of Thalang and Nam Nian, including Tai, Brou (Makong), Bo, Lao, Phou Thay ­ villages included in the Resettlement Plan (see Volume 2). 4 Road 8B between Oudomsouk and Thalang Villages predominantly Tai Bo with smaller populations of Brou (Makong), Kaleung, Vietic, Lao and Tai groups ­ villages included in the Resettlement Plan (see Volume 2). 5 Saddle dams 13A/14A and access road No villages located in this isolated area. 6 Saddle dams 12B, 1A, 2B, 4A, Intake Structure and Oudomsouk town consists of many ethnic groups Construction Camp SE of Oudomsouk with Lao Loum groups dominant (Tai-Lao, Phou Thay, Lao Kaleung) but also Brou (Makong), Bo and Sek. 7 Saddle dams 5A, 6B, 7A, 8A, 9A, 10A, 11A, roads to Oudomsouk town ­ same as Group 7 saddle dams and Headrace channel & construction camp adjacent to west of Oudomsouk 8 Surge Shaft area and access road No villages located in this area 9 Headrace Tunnel Access portal, road and spoil area No villages located in this area 10 Power Station Site, including camp area, UXO area, No villages located in this area but land belonging to Prelim works area, Conc period area, CP TL lines and Brou (Makong) village of Koodphadang Road 8B to the end of tailrace channel 11 Road 8B - Gnommalath to Regulating Dam, There are a number of Makong (Brou) villages with Downstream Channel and spoil locations, 115 & 500 fields in this area as well as populations of Lao kV Transmission Line from Regulating Dam to Kaleung and other Lao Loum ethnic groups that will turnoff to Thakhek and access roads and Access Road be directly impacted to Downstream Channel North of Gnommalath 12 Camp areas and working area near Road 8B/12 Project features located in the vicinity of Makong Junction North and South of Downstream Channel (Brou) villages on the Gnommalath Plain Tunnel and on Road 8B before Xe Bangfai access road, Phou Phathoung Quarry area and access road, and Southern downstream Channel Tunnel Access Road & CW3 Work area. 13 Access Road to Xe Bangfai Confluence camp and Project features located in the vicinity of Makong work areas, entrance to XBF access road and junction (Brou) villages on the Gnommalath Plain of Roads 8 and 12 November 2004 Nam Theun 2 Project ­ Social Development Plan ­ Volume 4 1 Appendix Q: Preliminary Ethnic Minority Baseline Data and Analysis PL Group Description Ethnic Groups 14 115 kV Transmission Line and Road 12 from Thakhek Most villages along this section of Road 12 are Brou to southern turn off to Mahaxai and access roads or related groups 15 500 kV Transmission Line from turnoff to Thakhek to Transmission Line passes through a number of fields Savannakhet and access roads belonging to villages of different ethnic groups, primarily Brou villages in Gnommalath and Mahaxai Districts and Lao Loum villages to the south. From the perspective of socio-economic and cultural aspects, the following Project Land groupings are described in some detail; · PL Groups 1 and 2 along Road 8B in Bolikhamxai Province; · PL Groups 6 and 7 in Oudomsouk Town; · PL Groups 11-13 in Downstream Areas on the Gnommalath Plain; and · PL Groups 14-15 along Road 12 and Transmission Lines. Key issues and areas yet to be covered are presented in the section following this description. Q.1.1 Project Land Groups 1 and 2: Along Road 8B in Bolikhamxai Province There are a number of ethnic groups located along Road 8B and the surrounding areas. The following table provides an overview of these groups. Table Q-2: Ethnic Groups along Road 8B Population Population Village in 1995 in 2003 Ethnic Groups Comments Phou Thay (Meuy, Theng, Namphao 681/119 968/181 Sek, Vietic `Kha Tong Old village site Luang') Chengsavang 118/23 765/120 Meuy (Pouak, Khmu) New Administrative Unit, combined with Nampan New village Adm Unit (3 years old), Nam Thi 1015/143 Meuy (Hmong, Bo) resettlement from Phonhong, Phonsouk, Phabang Phontou No Data Abandoned Pounglao No Data Abandoned Phonxai 210/34 439/74 Meuy Old village site (20 years old), from Boungxang, Nahang Ko Hai 1290/220 Hmong (Meuy) New village site, From Viengthong District and Xieng Khuang Province Phonsouk 1290/221 Hmong, (Meuy) Resettled into Nam Thi Phonsi 1290/222 433/88 Meuy Old village site Phonsa at mai No Data Hmong Combined with Phosa At (New Administrative Unit) Phonkeo No Data Vietic `Kha Tong Luang' Combined with Phosa At (New Administrative Unit) Hmong (Khmu, `Kha Combined new village site, dominant Phonsa at No Data 1016/172 Tong Luang' ­ Vietic - group are the Hmong from outside the probably To'e) region Pakkatan 294/47 212/34 Vietic ­ To'e Combined with Phonsa At (New Administrative Unit) ­ planned relocation November 2004 Nam Theun 2 Project ­ Social Development Plan ­ Volume 4 2 Appendix Q: Preliminary Ethnic Minority Baseline Data and Analysis Approximately half the villages along Road 8B between the dam access road and Lak Sao are Lao Loum, including Phou Thay and Tai Bo and various Upland Tai groups, such as Tai Moey, and Tai Pouak. There are also a few Sek families located in Namphao. Most of these groups are well established in the area and have some paddy cultivation. These groups are closest in terms of culture, language and traditions to the dominant Tai-Lao group and most integrated of the ethnic groups along Road 8B. There are two main ethnic minorities in this area. The Vietic groups, represented by the To'e, Cheut and other small groups, classified as Vietic I and II according to linguistic analysis and livelihood systems (cf. Care Report 1996; SEMFOP 2003). These groups are probably indigenous to this area but now represent a minority. They are dominant in two villages (Pakkatan and Phonkeo) and form small minorities in Phonsa-at and Nam Phao. These groups have been described as `vulnerable' since most have only recently become sedentary and are still undergoing a transition from primarily a hunter-gather existence to agriculture. The fact that Pakkatan and Phonkeo are now incorporated into a New Administrative Unit with the larger village of Phonsa-At, where the Hmong are the majority, and may be considered for relocation closer to Phonsa-at, could lead to further integration and loss of cultural uniqueness. Other Vietic groups form small groups in larger villages dominated by the Hmong in Phonsa-At and the Phou Thay and Moey in Nam Phao. Many Vietic groups are being marginalised due to the fact that other groups are settling in their traditional territory and competing for the available natural resources. Hmong are concentrated in Phonsa-at, Phongsa-at Mai, Phonsuok and Ko Hai. Most of these Hmong are recent arrivals (within the last 15 years) from Viengthong District in Xaisomboun Province and from various Districts in Xieng Khouang Province. These are relatively large populations reliant on swidden agriculture supplemented by livestock production, gathering of NTFPs, fishing and hunting in nearby forested areas. Q.1.2 Project Land Groups 6 and 7: Oudomsouk Town Oudomsouk Town or Nakai District Centre (often referred to as Muang Nakai) was established in 1992 and has grown in size considerably since then. Most of the present population is not indigenous to the area, either coming from Nikhom 3 State Farm or from other parts of the province or country, consisting of former Royalist army officers and government officials from all over the country (Tai Lao, Lue, Phuan, etc). Nikhom 3 was dismantled in the early 1990s with the majority of the population settling on the Nakai Plateau, primarily in Oudomsouk. Many have married local women and own shops, stalls and small business. The population of Nikhom 3 formed the majority of the population in 1997 and in 2003-04 still represent about 40% of the population. In-migration to Oudomsouk from its establishment as a District Capital to 1996 is indicated in the table below. The population of Oudomsouk in 2002 was 289 households of approximately 1,500 people, and in the 2003 census was 300 households of approximately 1,700 people. It is estimated that more than 100 households In Oudomsouk will be directed impacted by project construction activities and the reservoir inundation. The ethnic population of Oudomsouk according to the 2002-03 ethnic surveys is summarised in the Table Q-3 below. November 2004 Nam Theun 2 Project ­ Social Development Plan ­ Volume 4 3 Appendix Q: Preliminary Ethnic Minority Baseline Data and Analysis Table Q-3: Origins of In-Migration into Oudomsouk, 1992-96 No. of Place of Origin Households Arrival Date Type of Work Nikhom 31 109 1992-96 BPKP, labourers, restaurant owners Khammouane Province 64 1992-96 Army, police, teachers, doctors, officials Nakai Plateau villages 25 1995-96 Farmers living on the outskirts of town Ban Lak Sao 23 1995-96 Labourers, shop owners Pakse 2 1995 Merchants Pakading 2 1996 Farmers and merchants Savannakhet Province 3 1995 Shop owners Mahaxai District 6 1995-96 Shop and restaurant owners Total 234 Table Q-4: Ethnic Population Male and Female Household Head in Oudomsouk Ethnic Groups Male Household Heads Female Household Heads Lao Loum Groups Tai Men 3 5 Tai Moey 10 13 Other Upland Tai Groups 2 6 Phou Thay 46 50 Sek 4 4 Lue 4 4 Tai-Lao 51 40 Tai Bo 7 19 Lao Kaleung 10 13 Tai Nyaw (Ngo) 1 6 Tai Puan 5 9 Tai Yooy 2 6 Total Lao Loum 145 175 Lao Theung Groups Makong (Brou) 39 35 Other Kautic Groups 3 2 Vietic Groups 3 1 Total Lao Theung 45 38 Others 2 1 The Lao Loum population, predominantly Phou Thay and Tai-Lao originally from outside the Nakai area, represent about 75% of the total population of the town. The Brou and Vietic Groups are mostly from the Nakai Plateau and represent less than 25% of the population of the town. A number of Brou and Vietic groups and Tai Bo have recently relocated to the town from outlying villages on the Plateau in order to be closer to markets. Most of these households are still engaged in agriculture and have swidden fields near the town or back in their natal villages. Q.1.3 Project Land Groups 11-13 in Downstream Areas on the Gnommalath Plain The majority of the villages to be impacted as a result of the project activities and permanent and temporary features are Brou and related Lao Theung groups (Chalui, Salui, So, etc.). See Table Q-5, below. November 2004 Nam Theun 2 Project ­ Social Development Plan ­ Volume 4 4 Appendix Q: Preliminary Ethnic Minority Baseline Data and Analysis Table Q-5: Ethnic Groups in the Villagers close to the Downstream Channel Project Lands Dominant Ethnic No. Village District HHs in village (2000) Groups 1 Keoivilai Gnommalath 58 Brou 2 Laongarm Gnommalath 122 Brou 3 Nongsaeng Gnommalath 64 Lao Kaleung 4 Thathot Gnommalath 171 Brou 5 Phonlatkhuay Gnommalath 113 Brou 6 Phonkhame Gnommalath ? 7 Thongmang Gnommalath 46 Brou 8 Donesavang Gnommalath 25 Lao Kaleung 9 Namkathang Gnommalath 64(?) ? 10 Thamphuang Gnommalath 78 Brou 11 Thamphong Gnommalath 37 Brou? 12 Thangbeng Gnommalath ? 13 Phathung Gnommalath 59 Lao Kaleung/Brou 14 Phonkhene Gnommalath Lao Kaleung/Brou 15 Kuanphan Gnommalath 176 Chali/Salui 16 Khok Mahaxai Brou 17 Phachumkhong Mahaxai 51 Brou? Some villages require confirmation in terms of ethnic composition but it is clear from available data that the Brou are the majority. Some villages are mixed and others contain populations of Lao Kaleung and other Lao Loum groups. In terms of livelihood systems, these Brou villages share a similar livelihood system to the Lao Loum based on paddy production as is described in some detail in Volume 3 of the SDP. Q.1.4 Project Land Groups 14-15 along Road 12 and Transmission Lines There are a number of ethnic groups along Road 12 and transmission lines, including Brou and other Lao Theung ethnic minority groups. The tables below indicate some of these groups already identified. The remaining ethnic groups are in the process of being classified. Villages along Road 12 (including the proposed 115 kV Transmission Line route) from the Thakhek to the turn-off south to Mahaxai can be classified into two groups. Indigenous villages, mostly Brou and Chali/Salui, and more newly established villages, usually mixed Lao Loum (Tai-Lao, Phou Thay and Tai groups) together with Brou. There are also a number of Sek households. The villages in the vicinity of Thakhek have very mixed populations. A full list of affected villages and ethnic groups is presently being compiled. Preliminary finds are reported in the Table Q-6 below. Table Q-6: Villages along Road 12 HHs in Village Ethnic Groups Village Province District (2000) New village with mixed Phonsa-At Khammouane Mahaxai 115 population of Tai-Lao, Kaleung, Tai, Brou and Phou Thay Na Kone Nai Khammouane Mahaxai 31 Brou? Na Tou Khammouane Mahaxai 37 Brou? Phone Savanh Khammouane Mahaxai 49 Chali/Salui Oudom Vilay Khammouane Thakhek 40 Brou? A list of villages along the proposed 500kV Transmission Line is provided in Table Q-7 below. The identification of ethnic groups is ongoing at present and should be completed shortly. Some groups are listed. In general, most of the villages in Gnommalath and Mahaxai as well as some in the middle sections November 2004 Nam Theun 2 Project ­ Social Development Plan ­ Volume 4 5 Appendix Q: Preliminary Ethnic Minority Baseline Data and Analysis of the XBF (XBF District) are ethnic minorities, predominantly Brou while Lao Loum groups will dominate other districts, mostly Tai Lao and Phou Thay. Volume 3 of the SDP provides an overview of livelihood systems and cultural characteristics for these groups. Table Q-7: Villages in the Vicinity of the 500kV Transmission Line Easement HHs in Vill Ethnic Groups No. Village Province District (2000) 1 Keovilay Khammouane Gnommalath 104 Brou 2 Nongseng Khammouane Gnommalath 64 Lao Kaleung 3 Siboonhueng Khammouane Gnommalath 46 ? 4 NaMixay Khammouane Gnommalath 86 Brou 5 Gnommalath Khammouane Gnommalath 132 Brou, Lao Kaleung, Sek, Tai 6 NongPing Khammouane Gnommalath 104 Lao Kaleung 7 Thamphuang Khammouane Gnommalath 78 Brou 8 Thamphong Khammouane Gnommalath 37 Brou 9 Thangbeng Khammouane Gnommalath ? 10 Phathung Khammouane Gnommalath 59 Lao Kaleung/ Brou 11 Phonkene Khammouane Gnommalath Lao Kaleung/ Brou 12 Kuaphan Khammouane Gnommalath 176 Chali/Salui 13 Khok Khammouane Mahaxai Brou 14 Phachoumkhong Khammouane Mahaxay 51 Brou? 15 Phonsaart Khammouane Gnommalath 61 Lao Kaleung 16 Phonkham Khammouane Mahaxai 48 ? 17 Koktong Khammouane XBF 67 Brou? 18 Some Khammouane XBF 154 Brou? 19 Thamlai Khammouane XBF 89 Lao Kaleung 20 Khokkengkhene Khammouane XBF 50 Tai-Lao, Tai and Brou 21 Tung Khammouane XBF 227 Tai-Lao 22 Dongsavang Khammouane XBF 38 Brou 23 Bunghouananeua Khammouane XBF 55 Brou 24 Bunghouanatai Khammouane XBF 120 Brou 25 Nongbone Khammouane XBF 136 Tai-Lao 26 Manilad Savannakhe Xaybouly 66 Tai-Lao/Phou Thay 27 Natong Savannakhet Xaybouly 42 Tai-Lao? 28 Houaythong Savannakhet Xaybouly 22 Tai-Lao? 29 Nadeng Savannakhet Xaybouly 80 ? 30 Namouang Savannakhet Xaybouly 98 ? 31 Kachou Savannakhet Xaybouly 140 ? 32 Khaokat Savannakhet Xaybouly 47 ? 33 Laopai Savannakhet Xaybouly 65 Tai-Lao/Phou Thay? 34 Phosanh Savannakhet Xaybouly 17 ? 35 Kengherd Savannakhet Xaybouly 92 ? 36 Khamnonsoung Savannakhet Xaybouly 80 ? Q.2 PARTICULAR ETHNIC ISSUES Q.2.1 Consultation Process As is the case in other project impacted areas, a culturally sensitive approach to planning and implementation will be undertaken. Central to this approach is an open and transparent consultation process involving all affected groups, including special provisions for ethnic minorities. These including conducting consultations in ethnic minority languages if the Lao language is not understood by villagers November 2004 Nam Theun 2 Project ­ Social Development Plan ­ Volume 4 6 Appendix Q: Preliminary Ethnic Minority Baseline Data and Analysis and language checks of women and elderly before the consultations commence. In addition, attention will be paid to local traditions and customs that relate to beliefs, gender values and particular concerns of ethnic minority groups that are raised. The consultation process is explained in Sections 45.5.3, Volume 4. Q.2.2 Vietic Groups along Road 8B Vietic Groups along Road 8B represent a group that has been described as `vulnerable' in other project documents and reports. This is due to their reliance or previous reliance on natural resources and the relative lack of integration in the mainstream economic system and low degree of political representation. This vulnerability may be increased due to integration into larger village units where the Vietic are or may become small minorities in their original territories, as is the case with the Vietic all Road 8B. Certain steps will be undertaken to ensure that Vietic Groups and their concerns are properly addressed and they become project beneficiaries: · Special consultations ­ separate from other groups ­ not combined since they are easily dominated by others, language issues, cultural differences, levels and types of knowledge and concerns · Ethnic-specific livelihood development programmes if these groups are directly impacted, and efforts to secure support for specific programmes for these villages. It may be necessary to link up with programmes proposed in the SEMFOP within the adjacent Nakai-Nam Theun NBCA. · Mechanisms for Coordination between the different (often quite small) Vietic groups within the project area for exchange of ideas relating to socio-economic development and cultural exchange and development. These elements should form part of an overall plan to address Vietic Group issues within the area as a whole, including project impacted areas and adjacent areas given the fact that these groups are small, vulnerable and lacking understanding of agricultural skills. Q.2.3 Hmong Villages along Road 8B There are several Hmong along Road 8B and adjacent to the Nakai-Nam Theun NBCA. The SEMFOP addresses the issue of the unsustainable utilisation of natural resources and possible threats to wildlife. Upgrading of Road 8B may provide better access to markets to some degree, and this will facilitate the livelihood improvements that are required to offset continued unsustainable exploitation of natural resources. Q.2.4 Ethnic Issues in relation to Resettlement of Parts of Oudomsouk There is a considerable mix of ethnic groups in Oudomsouk with about 25% representing ethnic minorities. To address ethnic issues properly it will be necessary to take into consideration the following issues: · Ethnic mapping of Oudomsouk - locations of the different ethnic groups should be identified; · Resettlement of ethnic minorities, clans and smaller kinship units as groups as part of Town Planning arrangements; and · Options for recent arrivals from Plateau villages to return to natal villages for resettlement that is allowing family members to rejoin households as a resettlement option. Q.2.5 Completion of Data Collection and Analysis for Groups 14-15 Data collection concerning ethnic groups and related issues is ongoing for villages along Road 12 and along the transmission line corridor and should be completed shortly. Any issues related to ethnic groups will be analysed after data collection. It is not expected that there are any specific issues given the fact that impacts consist of minor losses. However, the consultation process should take into account languages and cultural issues whenever relevant. ********** * * * ********** November 2004 Nam Theun 2 Project ­ Social Development Plan ­ Volume 4 7