SFG2503 REV
KINGDOM OF CAMBODIA
Livelihood Enhancement and Association of the Poor
(LEAP) (Pl53591)
Resettlement Policy Framework
(RPF)
December 22, 2016
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LEAP P/53591 - Resettlement Policy Framework, December 22, 2016
Livelihood Enhancement and Association of the Poor (LEAP) (P1S3S91)
TABLE OF CONTENT
LIST OF ACRONYMS................
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EXECUTIVE SUMM.ARY.................................................................................................................... iv
I. INTRODUCTION ........................................................................................................................... 1
1.1. Background .......................................................................................................................... 1
1.2. Social Analysis ..................................................................................................................... 1
1.3. Requirements for RPF and Purpose .....................................................................................2
2. PROJECT DEVELOPMENT OBJECTIVE AND PROJECT DESCRIPTION ........•....•..•..•..3
2.1. Project Development Objective............................................................................................ 3
2.2. Project Beneficiaries............................................................................................................ .3
2.3. Project Description ...............................................................................................................4
2.4. Project Components .............................................................................................................4
2.5. Overview of Project Location ..............................................................................................6
J. LEGAL AND POLICY FRAMEWORK OF THE RPF .............................................................9
3.1. Cambodia Legislation and Regulations Applicable to LEAP ..............................................9
3.1.1. Cambodia Constitution 1993 ...........................................................................................9
3.1.2. Land Law 2001 .. ..............................................................................................................9
3 .1.3. The Expropriation Law .................................................................................................. 10
3.1.4. Sub-decree on Right of Way for National Road and Railroad....................................... I I
3 .1.5. Other Relevant Policies.................................................................................................. 11
3.2. World Bank Policy on Involuntary Resettlement (OP/BP4.12) ......................................... 12
3.3. Gap Between the Government Policies and the World Bank OP/BP4. l 2 .......................... 13
4. POLICY FRAMEWORK FOR LAND ACQUISITION AND COMPENSATION ••••••••••••.•• 17
4.1. Definition ofTerms ............................................................................................................ 17
4.2. Objectives and Principles of the RPF ................................................................................. 19
4.3. Eligibility, Entitlements and Compensation .......................................................................20
4.3.1. Eligibility Criteria ..........................................................................................................20
4.3.2. Entitlements and Compensation .....................................................................................21
4.4. Asset Valuation Method .....................................................................................................25
4.5. Special Considerations .......................................................................................................25
4.6. Gender Strategy ..................................................................................................................26
5. RESETTLEMENT POLICY FRAMEWORK'S PROCESS....................................................26
5.1. Safeguard Screening ...........................................................................................................26
5.2. Procedures Used for Sub-projects NOT utilizing C/S Fund Procedures ............................27
5.2.1. ARAP/RAP Preparation and Approval ..........................................................................27
5.2.2. ARAP/RAP Implementation Process.............................................................................29
5.3. Procedure Used for Sub-projects Funded through C/S Fund Procedures...........................30
6. IMPLEMENTATION AND.MONITORING ARRANGEMENTS •.......•..••.•••••••.••.••.••.....•..••.31
6.1. Institutional and Implementation Arrangement... ...............................................................31
6.2. Monitoring and Disclosure ................................................................................................ .32
6.2.1. Internal Monitoring ........................................................................................................32
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LEAP P153591-Resettlement Policy Framework, December 22, 2016
6.2.2. External Monitoring .......................................................................................................32
7. PUBLIC CONSULTATION AND INFORMATION DISCLOSURE .....................................32
7.1. World Bank Policies for Public Consultation and Information Disclosure........................32
7.2. Public Participation and Consultation in LEAP .................................................................33
7.3. Disclosure ...........................................................................................................................34
8. TRANSPARENCY AND GRIEVANCE MECHANISM ..........................................................34
9. .............................................. ~ ..............................................................35
BUDGET AND COSTS ....
ANNEX l: TECHNICAL GUIDELINE ...................................................................................... 37
lA. Gender Action Planning Matrix ......................................................................................... 37
lB. Survey Requirements for ARAP/RAP Preparation ........................................................... .40
ID. Internal Monitoring Indicators ...........................................................................................42
lE. External Monitoring Indicators ..........................................................................................43
ANNEX2: SAFEGUARD SCREENING CHECKLIST FORM ................................................ .45
ANNEX3: SUMMARY INFORMATION MATRIX ON AFFECTED LAND AND
INFRASTRUCTURE ..........................................................................................................................46
ANNEX 4: FORMATS OF RESETTLEMENT ACTION PLAN ......................................................47
A. Abbreviated Resettlement Action Plan (ARAP) ....................................................................47
B. Resettlement Action Plan (RAP) ............................................................................................48
ANNEX5: COMMUNITY CONSULTATIONS DOCUMENTATION ...................................52
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LEAP P153591- Resettlement Policy Framework, December 22, 2016
LIST OF ACRONYMS
AC Agricultural Cooperatives
ARAP Abbreviated Resettlement Action Plan
CCs Commune Councils
CLP Commune Level Federations
CSF Commune/Sangkat Fund
OMS Detailed Measurement Survey
ESMF Environmental and Social Management Framework
GDR General Department of Resettlement
IRC Inter-Ministerial Resettlement Committee
IDA International Development Association
ID Poor Poverty Identification Process
IRM Immediate Response Mechanism
LEAP Livelihood Enhancement and Association of the Poor Project
M&E Monitoring and Evaluation
MEF Ministry of Economy and Finance
MIP Micro Investment Plans
Mol Ministry oflnterior
NGO Non-Government Organization
PAHs Project Affected Households
PAPs Project Affected Persons/People
PCO Project Coordination Office
PG Producer Group
PIM Project Implementation Manual
PLUAC Provincial Land Use and Allocation Committee
PPC Phnom Penh Capital
PPCH Phnom Penh Capital Hall
PRSC Provincial Resettlement Sub-Committee
RGC Royal Government of Cambodia
RAP Resettlement Action Plan
RPF Resettlement Policy Framework
SHG Self-help Group
SLCs Social Land Concessions
SLFs Sangkat Level Federations
SMT Sub-Management Teams
SRP Siem Reap Province
ITSSP Tonie Sap Poverty Reduction and Smallholder Development Project
UPC Urban Poor Community
VLD Voluntary Land Donation
WB World Bank
WG Working Group
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EXECUTIVE SUMMARY
1. INTRODUCTION
1.1. The LEAP project will be implemented in the two distinct contextual and institutional environments
of the mostly rural Siem Reap Province and the rapidly urbanizing Phnom Penh Capital. The core project
activities will be separated into rural and urban components with specific geographical scope and
implementation arrangements customized to each unique setting while maintaining consistency and
continuity across the project. The rural and urban components of the Project are both embedded in a
community driven development model whereby local communities/groups of households make decisions
regarding the types of interventions they seek and these may require the acquisition of land, mainly by
voluntary donation. For example, small pieces of land may need to be acquired for the benefit of
communities for income generating purposes such as small grain storage, cattle sheds, as well as basic public
infrastructure such as the upgrading of roads, water supply, irrigation and drainage systems. For these
reasons, World Bank safeguard policy, OP/BP 4.12, Involuntary Resettlement, has been triggered. The key
beneficiaries of the project will be IDPoor 1and vulnerable households in the target 47 communes and 13
Sangkats in Siem Reap Province and Phnom Penh Capital, respectively.
1.2. As most of the project activities are to be determined during project implementation based on
community demand, it is not possible to develop a firm Plan as to how to address the social risks that may
arise. To mitigate potential risks associated with land acquisition and land donation, and to comply with the
World Bank policy on Involuntary Resettlement and Cambodian law and regulations, the Resettlement
Policy Framework (RPF) will be applied to all Project investment activities. The RPF has been cleared and
approved by the IRC-MEF. The RPF will establish the principles and procedures to follow if subsequent
stages of project implementation are to cause any type of land acquisition. This RPF is part of the
Environment and Social Management Framework (ESMF) that sets out the principles, rules, guidelines and
procedures to assess the environmental and social impacts, to define the approach and procedures to ensure
full Project benefits, and to mitigate negative impacts that may result from the project.
1.3. While the pilot phase did not include small-scale community infrastructure investments, this activity
type has been added to the proposed new phase of the project. As such, this RPF draws heavily upon the
time-tested, social and environmental risk management procedures included in the Commune/Sangkat Fund
Project Implementation Manual (CSF PIM). The Commune/Sangkat Fund has been providing grants to
every Commune/Sangkat in the country since 2003 for activities such as road improvements, water supply,
irrigation, and other activities that are consistent with the activities to be financed under LEAP. The last
update of the CSF PlM was undertaken in 2009. This CSF PIM's relevant procedures and forms will be
applied for the implementation of local/community infrastructure activities under LEAP. ln addition to the
CSF PIM, the RPF and the ESMF include measures for identifying and managing the environmental and
social risks of other project-financed activities that are not included in the CSF PIM, in particular, small-
scale livelihood investments by individual households, self-help groups and producer groups. MOI will be
responsible for ensuring that the provisions of the ESMF are followed and complied with during
implementation.
1
Since IDPoor surveys are only conducted every three years, commune and Sangkat leaders would be asked to identify
potential households beneficiaries that may have become poor since the last survey due to economic factors
(commodity price drops), natural calamities (drought, floods, destroyed crops) or other shocks based on the IDPoor
questionnaire. Those identified as new IDPoor households would be given a proxy means test based on the IDPoor
methodology to validate their eligibility.
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1.4. This RPF has been prepared based on lesson learnt from the LEAP Pilot Project and social analysis
conducted at various stages of the project preparation. This RPF will be annexed to LEAP's Project
Implementation Manual (PIM). This RPF document is considered a living document and could be modified
and revised in line with the changing type of the project activities. When situations make it appropriate that
the RPF be revised, the IRC and the World Bank will be consulted prior to its revision and any changes or
revisions to the RPF will require IRC cleared and No-Objection by the World Bank.
2. LEGAL AND POLICY FRAMEWORK OF THE RPF
2.1 The RPF has been prepared to comply with World Bank OP/BP4.12 on Involuntary Resettlement
and relevant Cambodian laws and regulations particularly the Constitution, Land Law, and the Law on
Expropriation. Gaps between the two legal frameworks, the RGC and the WB, were analyzed and gap-filling
measures are proposed for minimization of impacts on people's livelihoods. In general, the policy
frameworks have few inconsistencies.
2.2 The Law on Expropriation, launched in 2010, provides principles, mechanisms, and procedures for
expropriation, and defining fair and just compensation for any construction, rehabilitation, and public
physical infrastructure expansion project for the public and national interests and development of Cambodia.
The Expropriation Law, which is largely consistent with the main principles of the Bank's Involuntary
Resettlement Policy (OP 4.12), would be applied in the case of appropriation of ownership of immovable
property or the real right to immovable property of a physical person, legal entity, or legal public entity.
This includes land, buildings, and cultivated plants, and for construction, rehabilitation or expansion of
public physical infrastructure.
2.3 Decision No. 001 SSR/NCDD on Promulgating of the Second Revision of the CS Fund Project
Implementation (CSF PIM) dated on 14 January 2009 is for implementing Commune/Sangkat Fund
projects. The CS Fund supports local/community infrastructure. A local infrastructure project is a project
which creates a durable physical asset that is fixed in one place and can be used by all the people in the local
area2• Section 2.9 of the CSP PIM provides guidelines for preparing a land study report consisting of a
voluntary land contribution report and a land acquisition report if land and/or assets, used or owned by
someone, are affected by the local infrastructure development.
2.4 The overall objective of the Bank's OP/BP4. l2 policy is to avoid or minimize impacts, exploring
all viable alternative project designs. 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. 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.
3. POLICY FRAMEWORK FOR LAND ACQUISITION AND COMPENSATION
3.1 This Policy covers only if sub-projects involve involuntary land acquisition and are funded apart
from C/S Fund and serve the national and public interest. However, this is unlikely to happen under the
LEAP Project.
2 The "local area" can mean the whole commune (for example, a road project), or a part of one village (for example, a
well) but it cannot mean just one house. The parts of the infrastructure that are used by just one house (for example,
the wire connecting one house to the electricity system) should be paid for by the house owner.
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3.2 The objectives of this Resettlement Policy Framework are (a) to avoid or minimize any land
acquisition and resettlement deriving from activities under the Project, and (b) to provide fair compensation
in case of occurrence of involuntary resettlement. A key principle of LEAP is that there will be no major
land acquisition for small-scale sub-projects. If required, land can be acquired by for individual sub-projects
by voluntary land donation, but only a small portion can be given to the Project without causing
impoverishment to the land donor or by compensation that requires preparation of a resettlement action plan.
The LEAP project will not allow physical displacement of peQple. Based on previous exp~rience with small-
scale infrastructure investments through the Commune/Sangkat Fund, it is highly unlikely, but not
impossible that compensation for land may be required. Landowners usually contribute their land via
voluntary donation.
3.3 Eligibility Criteria: In cases where acquired land is not voluntarily donated and compensation is
required, all PAPs who are identified in sub-project-impacted areas on the cut-off date of each sub-project
are entitled to compensation for their affected assets, and rehabilitation measures sufficient to assist them to
improve, or at least maintain, their pre-sub-project living standards, income-earning capacity and production
levels. The cut-off date will be the final day of the detailed measurement survey (OMS) in each sub-project
investment, for cases that require a RAP. Those who encroach into the sub-project investment area after the
cut-off date will not be entitled for compensation or any other assistance. PAPs, under LEAP, may be
categorized into i) legal owner, ii) recognizable owner, and iii) umecognized/unauthorized user. The three
categories will also be impacted differently based on severity. Thus, eligible PAPs will be entitled to receive
compensation based on category of PAP, scope of impact and severity.
3.4 Entitlements are defined as the rights of the PAPs to receive compensation/assistance from the
project because the project causes them loss ofland, user rights, and loss of non-land based assets. Different
PAPs will have different entitlements for compensation. A Compensation and Entitlements Matrix has been
developed as a gap filling measure in order to minimize land acquisition impacts. The Entitlements Matrix
will be updated if an ARAP/RAP is developed and impacts are clearly identified.
3.5 Compensation can be in kind or in cash. Land for land is a preferred option if land is acquired for
the Project. However, previous practice indicates that a majority of PAPs opt to get paid by cash because
they can purchase other land where he/she prefers. A replacement cost study (RCS) would be utilized to
establish compensation rates for land, structures and trees at current market price. Normally, the RCS is
updated if the project is unexpectedly delayed or market price of materials are inflated drastically.
3.6 Special consideration: RGC recognizes that certain social groups may be less able to resto~e their
living conditions, livelihoods and income levels and has incorporated these concerns into the preparation
and implementation of Project activities through adoption of a participatory planning and decision-making
process for sub-project investments. Women in rural and urban communities play a key role in household
finance and community livelihood development. They will be empowered to become active members in
community activities and other collective endeavors in support of project implementation and monitoring.
During implementation, the Project will give special attention to women and female households as
beneficiaries ofProject interventions. Active participation of women will be ensured during the development
of appropriate measures to be responsive to specific needs or concerns of groups such as landless, poor, and
households headed by women, disabled, elderly or children without means of support.
4. RESETTLEMENT POLICY FRAMEWORK'S PROCESS
4.1 Safeguard screening is required during sub-project preparation. Social safeguard processes will be
applied as per the Commune/Sangkat Fund Project Implementation Manual (CSF PIM). Social screening
will be carried out by the Commune/Sangkat Councils once the sub-project investment priorities have been
identified using CSF PIM's Safeguard Screening Form, see Annex 2. This Form will be updated ifrequired.
LEAP District Facilitators and Community Professionals will assist Commune/Sangkat Councils in the
safeguard screening process.
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4.2 Procedures Used for Sub-projects not funded through the C/S Fund: The Expropriation Law
identifies public, physical infrastructure that serves national and public interests and that may entail
acquisition of land for construction, rehabilitation or expansion.
4.2.1 RAP Preparation and Approval: The Ministry of Interior (Mol) in association with General
Department of Resettlement (GDR) of the MEF (secretariat of the Inter-Ministerial Resettlement
Committee-IRC) will provide general direction for planning relo~tion and involuntary land
acquisition, should the need arise. MOI will ensure coordination between various stakeholders
concerned with the Project including those directly connected with relocation and monitoring
implementation. Prior to commencement of sub-project activities, stakeholders from investment
communities where there are potential resettlement impacts will be consulted to establish planning
principles and work arrangements aimed at identifying and mitigating adverse social impacts
induced by the construction activities. When needed, the ARAP/RAP will be prepared to obtain
information through census, inventory of losses, baseline surveys, valuation of properties, public
consultation, and a determination regarding compensation. This may be in the context of temporary
or permanent relocation and compensation, or in the context of mitigating other project related social
impacts. Annex 4 provides formats for a Resettlement Action Plans including annotated ARAPs
and RAPs. ARAP/RAPs, if needed, will be prepared by GDR with the assistance ofMol's Project
team and a social safeguard consultant and submitted to IRC for review and approval prior to further
submitting to the World Bank for no objection.
4.2.2 ARAP/RAP Implementation Process: After a request for ARAP/RAP implementation by Mol,
IRC will mobilize its working group to work closely with PRSC-WG before commencement of any
resettlement activities. Land acquisition and relocation of PAP households will not commence until
the detailed RAP has been reviewed and approved by both IRC and the WB. Several steps are
integral to the ARAP/RAP implementation process, including: (i) Detailed Measurement Survey
(DMS) and Baseline Socioeconomic Survey (BSS); (ii) Replacement Cost Study (RCS); (iii)
Preparation and approval of ARAP/RAP; (iv) Preparation and approval of resettlement budget; (v)
Contract signing and compensation payment; (vi) Public Information, Consultation and Disclosure;
and (vii) Notification on Site Clearance.
4.3 Procedures Used for Sub-projects Funded through the C/S Fund: CSF PIM Section 1.7
describes Commune/Sangkat funded projects. Only local or community infrastructure projects will be
funded by the CS Fund. A local infrastructure project is a project, which creates a durable physical asset
that is fixed in one place and can be used by all the people in the local area. The "local area" can mean the
whole commune (for example, a road project), or a part of one village (for example, a well) but it cannot
mean just one house. The parts of the infrastructure that are used by just one house (for example, the wire
connecting one house to the electricity system) should be paid for by the house owner. Section 2.9 of the
CSF PIM provides guidelines for preparing a land study report consisting of a voluntary land contribution
report and a land acquisition report if land and/or assets, used or owned by someone, are affe.cted by the
local infrastructure development.
5. IMPLEMENTATION AND MONITORING ARRANGEMENT
5.1 Project Steering Committee (PSC). The project will be supervised by a Project Steering
Committee, chaired by a Secretary of State in the Ministry oflnterior (Mol). This Committee would provide
strategic direction and guidance in the management and operations of the project, and would include
members from relevant government institutions involved in rural and urban development programs. Other
institutions and individuals from academia, NGOs and the private sector will also be invited to provide
advice to the committee. The PSC will ensure that safeguard activities under the Project will be carried out
by the various implementing entities in compliance with the provisions set forth in this RPF.
5.2 General Department of Resettlement (GDR) ofMEF: The RPF is required to be reviewed and
approved by MEF prior to submitting to the World Bank for no objection. Ifthere are resettlement impacts
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LEAP Pl 53591 - Resettlement Policy Framework, December 22, 2016
caused by LEAP sub-projects, not through CS fund, and an ARAP/RAP is required, Mol will request the
MEF to deal with resettlement impacts. The MEF, through a designated Inter-ministerial Resettlement
Committee (IRC) and its Working Group (WG), will work closely with the Provincial Resettlement Sub-
Committee (PRSC) for coordinating resettlement issues where the sub-project is located and have
resettlement impact. In this case, an ad-hoc Provincial Resettlement Sub-Committee Working Group
(PRSC-WG) will be established as secretariat to PRSC. In this case, MOI through its PSC will cooperate
and assist t~e GDR in the preparatio_ n of the ARAP/RAP. Th~ IRC will review and approve the
ARAP/RAP before submitting to the World Bank for its no objection. IRC/GDR will take a leading role
in ARAP/RAP implementation.
5.3 Commune/Sangkat Council is in charge of implementing sub-projects that are funded through
CIS Fund and will comply with guidelines and forms as per C/SF PIM.
5.4 Monitoring and Disclosure: Implementation of the RPF will be regularly supervised and
monitored by GDR and the respective SMTs (Siem Reap and Phnom Penh) for sub-project investment
activities that involve land acquisition. The findings and recommendations will be recorded in the project
file for possible review by the Bank's mission to be conducted twice a year. The GDR and SMTs will
supervise and monitor the process at least one time per year and include the results in the Project annual
reports to be furnished to the World Bank. The SMT staff with the assistance of GDR and in close
consultation with local governments and P APs will establish a set of practical monitoring indicators. Internal
monitoring will be carried out by GDR on an ongoing basis and progress report prepared every quarter. In
case ARAP/RAPs are prepared and implemented, monitoring will be required in order to ensure
transparency and full compliance.
6. PUBLIC CONSULTATION AND INFORMATION DISCLOURE
6.1 The World Bank policy on access to information: Public Consultation and Information
Disclosure as defined by the Bank's requirements require giving the public access to project information
and documentation. It requires that during the planning and preparatory process, project beneficiaries,
affected groups and local NGOs shall be consulted and the environment and social aspects of the project
should be presented. The consultations should be on an on-going process throughout the design and
implementation of investments and must be compliant with all other applicable safeguard policies. The
policy also requires that any relevant material such as the environmental assessment study, social
assessments, resettlement action plan, etc. should be made accessible, in a timely manner and in a form and
language understandable to the groups being consulted.
6.2 Sub-projects to be funded through the CS Fund will follow guidelines of the C/SF PIM. Unless
otherwise required, the below participation and consultation approach will be used.
6.3 In the context of LEAP, extensive stakeholder consultations were carried out during the pilot project,
project identification and project preparation and will continue during project implementation. The RPF has
been developed based on the outcomes of those consultations. See Annex lC for Framework for
Community Consultation and Participation Process. PAPs are involved in public consultation meetings
in various stages of the process. Their resettlement impacts (if any) and concerns are properly recorded
during the data collection process (OMS, BSS and public consultation and focus group discussion). All these
issues and concerns are well incorporated into the ARAP/RAP for compensation and rehabilitation
assistance. Vulnerable, female and indigenous groups will be consulted separately using focus group
discussion methods. Local authorities, heads of village and commune chiefs are members of PRSC-WG.
They are represented during public consultative meetings and have an important role in identifying P APs
and certifying the OMS form. Representatives of PAPs are members of (i) community/village committee
and (ii) grievance redress committee under the LEAP.
6.4 Disclosure: The RPF and other safeguard documents will be uploaded into the World Bank's
InfoShop website prior to appraisal and later will be uploaded into project website (both in Khmer and
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English). ARAP/RAPs, if prepared, will be translated into local language (Khmer), uploaded into the project
website, and a copy will be sent to each Commune Council, or village committee with PAPs and the
community, where there is involuntary resettlement.
7. TRANSPARENCY AND GRIEVANCE MECHANISM
7 .1 The World Bank's resettlement policy requires an investment project to establish mechanisms for
grievance resolution in order to ensure PAPs' satisfaction with implementation of resettlement and land
acquisition related activities, and to provide the PAPs with a legal platform for on-the-ground monitoring
and reporting on the implementation of resettlement related activities. Specifically, the purpose of the
grievance mechanism is to allow PAPs and persons who believe they are affected persons to seek
satisfactory resolution to grievances they may have in relation to possible land acquisition or other project
interventions.
7.2 For implementing this RPF, if complaints exist, the grievance procedure stated in Sub-section 2.9
of the C/SF PIM will be utilized.
8. BUDGET AND COSTS
8. l Funds for implementing the resettlement related activities will be provided by the RGC. The budget
will prepared by the GDR and approved by the MEF.
8.2 In case ARAP/RAP preparation is required, each ARAP/RAP will include the detailed costs of
compensation and other rehabilitation entitlements as part of the process to compensate PAPs. Arrangements
will be made for PAP property and assets segregated on the basis of agricultural land, residential land,
business land, houses, business assets and other holdings. The detailed budgetary estimates will make
adequate provision for contingencies and the RAP. The RAP will ensure that fund flows are compatible with
the timetable for payment of compensation and provision of all other assistance. The budget will cover land
acquisition, relocation site development, compensation costs, allowances and administration costs, and
contingency. Resettlement costs will be part of the Government's counterpart funds, not the project. The
RGC will ensure timely provision of counterpart funds for resettlement to meet any unforeseen obligations
in excess of the resettlement budget estimates in order satisfy resettlement requirements and objective.
8.3 Costs to cover social safeguard screening and assessment on the eligibility of each candidate sub-
project will be part of the project budgets.
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P153591 LEAP - Resettlemet Policy Framework, December 22, 2016
1. INTRODUCTION
1.1. Background
1. The LEAP design has been piloted in six communes in Siem Reap Province of Cambodia, aiming to
enhance poverty alleviation through rural livelihood interventions. The Pilot Project worked towards social
and economic empowerment (e.g., by increasing rice production, vegetable cultivation, production of artisan
handicrafts, fishing OJ," chicken raising, etc.) through the formation of self-help groups and/or producers' gJ,"oups
and foundation of federations by and for the poor in Siem Reap. Full-scale implementation of LEAP was
intended to cover 50 communes in Siem Reap, but this was never realized. Using a Project Preparation
Advance, the full institutional arrangements for implementation were put into place and a pilot was conducted
between July 2010 and June 2012. The pilot successfully facilitated the establishment of 100 self-help groups
and their development to savings and credit groups. Functioning groups emerged as entry points for capacity
building and resource provision for economic activities that strengthened livelihoods and increased incomes
from investments in agriculture, livestock and handicraft production.
2. The proposed project would consolidate and scale up the LEAP's early achievements. The RGC also
intends to use this model for addressing urban poverty. It will be tested as an instrument to address the needs
of urban poor communities in Phnom Penh. The Project will primarily benefit the poorest and most vulnerable
households in selected communes/Sangkats in Siem Reap and Phnom Penh, in particular, those identified as
IDPoor 1 and 2. Support will be provided through Self-Help Groups, producer groups, and agricultural
cooperatives (in Siem Reap Province only), as well as through skills-building and employment support services
(in both rural and urban target areas). Potentially all commune/Sangkat or village households could benefit
from infrastructure improvements (i.e. water supply or community road repair), but preference will be given
to priorities expressed by poor households, so these households should benefit most.
3. As part of project preparation, a screening exercise was conducted in the proposed target area in Siem
Reap where the project will be implemented to determine the presence of Indigenous Peoples. There is only
two communes in Siem Reap identified as having ethnic indigenous minorities, the Kuoy indigenous group,
located in Srae Noy and Khun Ream communes. This is not one of the project target communes. There are
also no indigenous groups present in Phnom Penh. In the absence of indigenous groups in the project area, the
Bank's policy on indigenous peoples (OP 4.10) is not triggered.
1.2. Social Analysis
4. As part of project preparation, a Social Analysis (SA) was conducted with the following objectives: (i)
identify project beneficiaries in urban and rural areas where the project will be implemented; including the
presence of vulnerable groups and indigenous communities; (ii) identify how these groups are organized and
their preferences to participate during project design and project implementation; and (iii) assess the potential
social risks associated with project activities including positive and adverse impacts.
5. Several instruments were drawn upon to comprise a full SA of activities planned under the project in
both Siem Reap and Phnom Penh. To inform preparation of the project at the time that it was targeting 50
communes in Siem Reap, and aiming for World Bank approval in 2010, a Social Assessment as well as a Lead
Social Development Specialist Report were conducted in late 2009/early 20 l 0 and August 20 I OfJanuary 2011,
respectively. While only a pilot project was implemented in six communes, the lessons from this pilot were
well documented in project reporting and an impact evaluation was undertaken in 2012 with a specific focus
on measuring changes in social capital in treatment villages. Upon reactivation of the preparation process in
2015, the target area was expanded to include Phnom Penh. To understand the unique context of Phnom Penh,
an Urban Poor Community Needs Assessment was conducted in 2015. Finally, as a complement to this array
of social analysis instruments, community consultations have been reactivated in Siem Reap and expanded to
include Phnom Penh. These consultations have provided additional insights into the challenges and
opportunities to implementing the proposed activities in Siem Reap and Phnom Penh, highlighting new areas
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P1.53591. LEAP - Resettlemet Policy Framework, December 22, 201.6
for livelihood support which have since been incorporated into the project design, namely skills development,
training and community infrastructure.
6. Siem Reap Social Assessment (2009-2010). The methodology for the SA included a literature review
(including relevant legislation and policy), interviews and group meetings with key stakeholders, and in-depth
investigations in a selected, target commune (Chob Tatrav), including focus groups, semi-structured interviews
and household surveys. The SA found that there was a significant need for the improvement of livelihoods of
poor households to provide income for the improvement of living conditions. There was interest in SHG
formation and it was highlighted that support would be needed for.members to successfully raise animals and
for vegetable cultivation for consumption and sale. Vulnerable groups such as handicapped, elderly and
female-headed households/widows would need additional support to participate in, and benefit from, SHGs.
Types of income generation activities identified included paddy rice and farm cultivation; fish raising; animal
raising; vegetables and other crops; collect other non-timber forest products such as like resin, rattan, malva
nuts, bamboo, etc. For people that live near water sources such as Tonle Sap river, lake and stream, they would
prioritize production of Prahouk and Pha Ak, dried fish, etc for selling after fishing season (when fish price
increases).
7. Most community members interviewed indicated that they would provide land for livelihood activities,
but some had concerns as to potential disputes among members of SHGs and others had very little or no land
and would not be able to provide any to group activities. Respondents added that any land donated for SHG
activity (i.e. pig raising) must be free of squatters, encroachers or other claims or encumbrances and the land
donation of each family had to be recognized by the village and commune authorities, as is normal practice for
land donation under the Commune/Sangkat Fund. The SA recommended that the limitation of voluntary land
donation of no more than 10% of a household's land applied by the Commune/ Sangkat Fund be applied for
LEAP activities. The report also outlined steps to undertake dispute resolution and to address the needs of
women and vulnerable groups (i.e. ensuring they are not left out).
8. To assess the potential benefits and impact of the project in the additional coverage area of Phnom
Penh, an Urban Poor Community Needs Assessment was conducted in 15 poor communities that were
identified as likely target communities under the project. Both quantitative and qualitative data were collected.
Quantitative data such as estimated number of households, number of poor households, community settlement
dates, were mainly from secondary sources and through key informant interviews including officials of PPC,
Khan administrators and Sangkat councilors. Relevant data from the secondary sources (for example,
MOP/NIS IDPoor reports) were reviewed. A total of 40 officials were covered in the key informant interviews.
Primary data were gathered mainly through field investigations in the sample communities. The field
investigations allowed for data triangulation and/or updates of information obtained from secondary sources
and/or key informant interviews and collection of data, which were not available from the latter. The field
investigations used a combination of data gathering techniques, namely, focus group discussions and physical
observation.
1.3. Requirements for RPF and Purpose
9. The rural and urban components of the Project are embedded in a community driven development
model whereby local communities/groups of households (mainly organized into Self-Help Groups) make
decisions regarding the types of interventions they seek and these may require the acquisition of land, primarily
by voluntary donation. For example, small pieces of land may need to be acquired for the benefit of
communities for income generating purposes such as small grain storage, cattle sheds, as well as basic public
infrastructure such as the upgrading of roads, water supply, irrigation and drainage systems (Component 1.3).
For these reasons, OP/BP 4.12 Involuntary Resettlement policy is triggered.
10. As most of the project activities for the LEAP project are to be determined during project
implementation based on community demand, it is not possible to develop a firm Plan as to how to address the
social risks that may arise. To mitigate potential risks associated to land acquisition, and land donation, in
compliance with the World Bank (the Bank) policy on Involuntary Resettlement (OP 4.12), the Resettlement
Policy Framework (RPF) will be applied to all Project investment activities. The RPF has been reviewed and
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Pl.53591. LEAP- Resettlemet Policy Framework, December 22, 201.6
approved by the IRC-MEF. The RPF will establish the principles and procedures to follow if subsequent stages
of project implementation are to cause any type of land acquisition. The Cambodian Government and the
World Bank has agreed to implement the safeguard requirements under the project in accordance with the
relevant Cambodian laws and regulations and the World Bank environmental and social safeguard policies in
the design and implementation of this project, including OP 4.12, "Involuntary Resettlement". For this project,
design and scheduling considerations make it impossible to determine the extent of resettlement planning
requirements at appraisal.
l I. While the pilot phase·did not include small-scale· community infrastructure fuvestments, this activity
type has been added to the proposed new phase of the project. As such, this RPF draws heavily upon the time-
tested, social and environmental risk management procedures included in the Commune/Sangkat Fund Project
Implementation Manual (CSP PIM). The Commune/Sangkat Fund has been providing grants to every
Commune/Sangkat in the country since 2003 for activities such as road improvements, water supply, irrigation,
and other activities that are consistent with the activities to be financed under LEAP. The last update of the
CSP PIM was undertaken in 2009. This CSP PIM's relevant procedures and forms will be applied for the
implementation oflocaVcommunity infrastructure activities under LEAP. In addition to the CSF PIM, the RPF
and the ESMF include measures for identifying and managing the environmental and social risks of other
project-financed activities that are not included in the CSF PIM, in particular, small-scale livelihood
investments by individual households, self-help groups and producer groups. MOI will be responsible for
ensuring that the provisions of the ESMF are followed and complied with during implementation.
12. This RPF has been prepared based on lesson learnt from the LEAP Pilot Project and social analysis
conducted at various stages of the project preparation.This RPF will be annexed to LEAP's Project
Implementation Manual (PIM). This RPF document is considered a living document and could be modified
and revised in line with the changing type of the project activities. When situations make it appropriate that
the RPF be revised, the IRC and the World Bank will be consulted prior to its revision and any changes or
revisions to the RPF will require IRC cleared and No-Objection by the World Bank.
2. PROJECT DEVELOPMENT OBJECTIVE AND PROJECT DESCRIPTION
2.1. Project Development Objective
13. The Project Development Objective (PDO) is to improve access of poor and vulnerable households in
selected communities to financial services, opportunities for generating income, and small-scale infrastructure,
and to provide immediate and effective response in case of an eligible crisis or emergency.
2.2. Project Beneficiaries
14. The key beneficiaries of the project would be the IDPoor3and vulnerable households in the target 47
communes and 13 Sangkats in Siem Reap Province and Phnom Penh Capital, respectively.
15. The beneficiaries in Siem Reap Province would come from the 47 communes that did not receive
support from the TSSD Project. 42 communes did not receive any TSSD support and will be fully covered by
LEAP; and 5 communes that did not receive full coverage by TSSD but have above average poverty levels
will have villages included in LEAP (Annex 2, Table 1). The beneficiaries in Phnom Penh Capital would
come from the 13 Sangkats that were selected as follows: (a) for the eight districts where IDPoor data is
available, the Sangkats with the largest total number of IDPoor households were selected one Sangkat each
3
Since IDPoor surveys are only conducted every three years, commune and Sangkat leaders would be asked to identify
potential households beneficiaries that may have become poor since the last survey due to economic factors (commodity
price drops), natural calamities (drought, floods, destroyed crops) or other shocks based on the IDPoor questionnaire.
Those identified as new IDPoor households would be given a proxy means test based on the IDPoor methodology to
validate their eligibility.
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P153591 LEAP- Resettlemet Policy Framework, December 22, 2016
from the six districts comprising 10 or fewer Sangkats, and two Sangkats each from the two districts with more
than 10 Sangkats; and (b) in the four districts for which IDPoor data is not available due to their
central/downtown location, one Sangkat per district which has the highest total number of urban poor
communities (UPC) households as identified by Phnom Penh Capital was selected. Using the combination of
IDPoor and UPC criteria allowed the inclusion of both peri-urban and central-urban districts. The Phnom Penh
coverage was purposely set at a modest level to allow the piloting of project activities in the urban context,
with the potential of scaling-up on the basis of good implementation experience as the project progresses
(Annex 2, Table 2).
16. The IDPoor household members of existing and to be established SHGs, producer groups and
agricultural cooperatives would be the main project beneficiaries in Siem Reap. IDPoor households would also
be the primary beneficiaries of skills development and employment assistance, with additional use of proxy
means testing of applicants who do not have ID Poor cards, but may still meet the IDPoor criteria. It is expected
that the households in the target communes/Sangkats would benefit from the planned infrastructure
improvements under the project, but preference would be given to priorities expressed by IDPoor households
to ensure that they benefit the most. Not all communities will be eligible to receive community infrastructure
-only communities classified as permanent settlements will be eligible.
2.3. Project Description
17. The proposed project would be implemented in two distinct contextual and institutional environments
of the mostly rural Siem Reap Province and the rapidly urbanizing Phnom Penh Capital. The core project
activities would be separated into rural and urban components, each would have specific geographical scope
and implementation arrangements which are customized to each unique setting while maintaining consistency
and continuity across the project.
2.4. Project Components
18. Component 1: Improving Livelihoods for Rural Poor and Vulnerable Households (total
estimated cost US$14.48 million; to be fully financed by IDA Credit). This component aims to address the
needs of the IDPoor and vulnerable households in the 47 communes in Siem Reap Province through a demand
driven approach. As the predominant sources of income for these rural poor households are from agriculture,
livestock and fisheries, the project would leverage the technical support of the Ministry of Agriculture,
Fisheries and Forestry (MAFF) and other technical service providers. Drawing from the experience of the pilot
project, this component would be implemented by the Siem Reap Provincial Government through the
following sub-components:
19. Sub-Component 1.1: Building and Strengthening Institutions of the Rural Poor (total estimated
cost US$8.27 million; to be fully financed by rDA Credit). This would support the formation and
strengthening ofassociations of poor and vulnerable households in Siem Reap Province, mainly through SHGs,
producer groups or agricultural cooperatives, in order to enable their members to engage jointly or individually
in productive activities. Capacity building assistance would include basic financial literacy (savings,
budgeting, etc.), micro-enterprise/business planning, basic accounting and record keeping, good governance
practices, and access to financial services. Furthermore, groups and individual farmers would be assisted and
strengthened through facilitation of market linkages, technical assistance and capacity building for producers
to increase access to assets, skills, technology and markets.
20. To supplement the initial savings generated by the SHGs, the project would provide seed grants
(US$1,000-1,500 per SHG) for on-lending to members to implement their Micro Investment Plans (MIPs).
The grant would be for SHGs that have previous experience in implementing and managing
microenterprises/livelihood activities. Where commune-level federations of SHGs, producer groups,
agricultural cooperatives, etc. are existing and assessed by commune councils as qualified to handle funds for
on-lending to member groups, the project would provide them with Community Livelihood Investment Fund
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P153591 LEAP - Resettlemet Polley Framework, December 22, 2016
(CLIF) grant of up to US$37,000 per federation. This grant would be on-lent to member groups that are not
qualified to access credit from MFis and other formal banking institutions, for their investment plans. T he
project would also link the federations with financial institutions to access additionaVbigger credit funds and
other financial services.
21. MAFF as well as NGOs/other service providers would be tapped to provide technical assistance and
market linkage services to the beneficiary groups and where warranted, to individuals. These would focus on
improving production efficiency, productivity enhancement, access to technology extension, logistics
infrastructure and information services, and building pro-poor market systems for small and marginal
producers that would enable them to participate in higher value chains.
22. Sub-Component 1.2 Enhancing Skills and Employment Opportunities for tire Rural Poor (total
estimated cost US$1.96 million; to be fully financed by IDA Credit). Taking advantage of the opportunities
offered by enterprises connected to the rapidly growing tourism industry in Siem Reap, this sub-component
would provide a complementary livelihood pathway to self-help group, value-chain and market access support
under Sub-component l. l. The Project would invest in the development of beneficiary skills (particularly
unemployed youth and women from poor households) and the ability to obtain new or improved wage
employment. Activities would include: (a) local labor market surveys and training provider assessment; (b)
beneficiary selection; (c) employability training and career counseling; (d) voucher provision and skills
training; (e)job placement and employment support, including to engage in partnership with the tourism sector
(hotels, basic English training for tourism related job opportunities).
23. Sub-Component 1.3: Improving Basic Services and Community Infrastructure (total estimated cost
US$4.25 million; to be fully financed by IDA C redit). This would support small-scale community
infrastructure and services to respond to the priority needs of the beneficiaries and contribute to their
productivity and income generating potential. Investments would include storage or small warehouses, water
supply and sanitation facilities, small-scale irrigation schemes, community access roads, and better on-farm
water management practices, among others. The identification of priority needs would follow the existing
annual participatory identification and planning process that provides opportunity for the beneficiaries to
advocate their investment priorities and ensure that these are included in the Commune Investment Plan (CIP).
The project will use the Commune/Sangkat Fund Project Implementation Manual (CSF PIM) for the
preparation and implementation of community sub-projects. The CSF PIM has been used by Communes to
small-scale investments for several years. The CSF-PIM is a tested manual that has been used by Communes
for planning and implementation of small-scale investments for several years.
24. Component 2: Improving Livelihoods for Urban Poor and Vulnerable Households (US$3.72
million; to be fully financed by IDA Credit). This component aims to address the needs of the IDPoor and
vulnerable households in 13 Sangkats in Phnom Penh Capital through a demand driven approach. Activities
would include: (a) skills development training; (b) employment support services; and (c) provision of
productive infrastructure to improve livelihood and increase productivity. Direct financial services support
would not be provided but where appropriate, linkages to existing financial institutions and services would be
facilitated. This component would be implemented by the Phnom Penh Capital Hall through the following sub-
components:
25. Sub-Component 2.1 Enhancing Skills and Employment Opportunities for the Urban Poor (total
estimated cost US$1.69 million; to be fully financed by IDA Credit). Since there are many training and
employment programs in Phnom Penh and a wider range of employment opportunities compared to Siem Reap,
support would be provided to more secure, satisfying and higher earning jobs. As in Sub-Component 1.2,
Project would invest in the development of beneficiary skills (particularly unemployed youth and women from
poor households) and the ability to obtain new or improved wage employment. Activities would include: (a)
local labor market surveys and training provider assessment; (b) beneficiary selection; (c) employability
training and career counseling; (d) voucher provision and skills training; (e) job placement and employment
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P1.53591. LEAP- Resettlemet Policy Framework, December 22, 201.6
support. Some of the livelihood priorities identified during project preparation include food preparation and
processing, handicraft making, retailing/ buy and sell, off-site garment factory sewing/dressmaking,
cosmetology services, transportation operations, etc. Beneficiaries, particularly youth, would be encouraged to
consider a wider range of career opportunities and skills where there is high demand and potential for career
development in the private sector.
26. Sub-Component 2.2: Improving Basic Services and Community Infrastructure (total estimated cost
.US$2.03 million; to be fully financed by IDA Credit). This would follow the same process as in Sub- .
Component 1.3, drawing on use of the CSF PIM. To ensure that the sub-projects would most benefit the poor
and vulnerable households such as the UPCs, the community planning meetings would include both ID Poor
households and representatives of the UPCs. The types of infrastructure facilities that would be funded include
but would not be limited to drainage system, community road/footpath, water supply and sanitation system,
and street lighting. These community infrastructure investments have been identified in the UPC needs
assessment and are expected to increase the beneficiaries' productivity, resilience and ability to adapt to natural
and economic shocks.
27. Component 3: Project Management (total estimated cost US$1.97 million; financed by IDA
Credit and RGC). This component would support the overall implementation, supervision and coordination
of the project at the national, provincial, district/Khan, commune/Sangkat, and village/community levels,
including: (a) social and environmental safeguard risk management; (b) procurement planning and contracts
management; (c) financial management, disbursement and audit; and (d) monitoring and evaluation (M&E),
and communication.
28. Component 4: Contingent Emergency Response (US$0.00 million). This component, with an
initial allocation of zero dollar, is part of the World Bank's (IDA's) support to an immediate response
mechanism in Cambodia. This would allow the reallocation of a portion of undisbursed balance of the project
for recovery and reconstruction support following a formal government request in the event of an eligible
emergency.
2.5. Overview of Project Location
29. Siem Reap province is surrounded by five other provinces, in the north is Otdar Meanchey, in the west
is Banteay Meanchey, in the east are Preah Vehaer and Kampong Thom, and in the south the province borders
partly with Battam Bang and partly with Tonie Sap Lake. In Siem Reap, the project covers 47 communes in 9
districts (Angkor Thum, Chi Kraeng, Kralanh, Prasat Bakong, Puok, Svay Leu, Siem Reap, Srei Snam and
Sotr Nikum). These communes have been selected largely on the basis of geographic distribution of the
province across two donor-financed projects, the ADB and !FAD-financed TSSD project and LEAP. 58
communes in Siem Reap have already been covered by TSSD, so LEAP will cover the remaining communes
in the province. Figure I is map of the project location in 47 communes in rural Siem Reap province.
30. There are five protected areas located in Siem Reap Province, and two of them are located in the project
area (Angkor Protected Landscape area and Phnom Kulen National Park). However, it is expected that the
Project as well as proposed sub-projects in Siem Reap will finance SHGs and producer groups to invest in
agriculture, livestock and fisheries activities as well as small-scale productive infrastructure (e.g. post-harvest
processing equipment, storage facilities and poultry shed, etc.). These activities may affect natural habitats,
wet land, protected areas and their biodiversity in the project area in particular Tonle Sap Lake from wastewater
discharge from livestock raising activity and utilization of illegal fishing gears and methods, etc. These impacts
are minor and site specific and it can be mitigated through the application of Technical Environmental
Guidelines included in the ESMF. The LEAP Project will not finance activities related to protected areas
management, neither facilitation or access restriction activities.
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P153591 LEAP- Resettlemet Polley Framework, December 22, 2016
Figurel: Map of Project Location in 47 Communes in Rural Siem Reap Province
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f
P153591. LEAP - Resettlemet Polley Framework, December 22, 2016
31. In Phnom Penh, 13 out of 105 Sangkats (the urban equivalent of a commune) will be included in the
project. Figure 2 is map of the project location in 13 Sangkats in urban Phnom Penh Capital.
Figure 2: Map of Pr~ject Location in 13 Sa ngkats in Urban of Phnom Penh Capital
Kanda I
Kanda I
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·~-t~ MAP OF LEAP TARGET OOMMUN/SANGKAT
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P153591 LEAP - Resettlemet Policy Framework, December 22, 2016
3. LEGAL AND POLICY FRAMEWORK OF THE RPF
32. This Section briefly describes the national legislative and policy framework which is relevant to the
proposed LEAP project as well as the World Bank OP4.12. A gap analysis of the two policies (the Bank and
the RGC) is presented below, and gap filling measures are proposed.
3.1. Cambodia Legislation and Regulations Applicable to LEAP
3.1.1. Cambodia Constitution 1993
33. The 1993 Constitution of Cambodia has established two governing principles pertaining to land
acquisition.
(a) Article 44 states that: All persons, individually or collectively, shall have the right to ownership. Only
Khmer legal entities and citizens of Khmer nationality shall have the right to own land. Legal private
ownership shall be protected by law; and
(b) The right to confiscate properties from any persons shall be exercised only in the public interest as
provided for under the law and shall require fair and just compensation in advance.
34. Some protection for vulnerable groups is also specified in the Constitution in Article 73: ''The State
shall give full consideration to children and mothers. The State shall establish nurseries, and help support
women and children who have inadequate support" and Article 74: ''The State shall assist the disabled and the
families of combatants who sacrificed their lives for the nation".
3.1.2. Land Law 2001
35. The rights to land and property in Cambodia are governed by the 2001 Land Law, which is primarily
based on the provisions of the 1993 Constitution. It defines the scope of ownership of immovable properties,
such as land, trees and fixed structures.
36. The Land Law, Article 5, states, "No person may be deprived of his ownership, unless it is in the public
interest. Any ownership deprivation shall be carried out in accordance with the governing procedures provided
by law and regulations, and after the payment of fair and just compensation in advance."
37. Other provisions of the Land Law that are relevant to land acquisition, compensation and resettlement
are:
(a) Legal possession is the sole basis for land ownership as defined by law, and all transfers or changes
of rights of ownership shall be carried out in accordance with the required general rules for sale,
succession, exchange and gift or by court decision. (Article 6);
(b) Any regime of ownership of immovable property prior to 1979 shall not be recognized. {Article 7);
(c) Article 15 states that "the following properties are included as public properties of state and public
legal entities: a) any property that has a natural origin, such as forests, courses and banks of
navigable and floatable rivers or natural lakes and seashores; b) that is made available for public use
such as quays of harbors, port, railways, railways station and airports; or, c) any property which is
made available, either in its natural state or after development, for public use such as roads, tracks,
oxcart ways, pathways, gardens or public parks and reserved lands;
(d) Article 18 states that "the following are null and void and cannot be made legal in any form
whatever: (a) any entering into possession of public properties of State and public legal entities and
any transformation of possession of private properties of State into ownership rights that was not
pursuant to the legal formalities and procedures that have been stipulated prior to that time,
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P153591 LEAP - Resettlemet Policy Framework, December 22, 2016
irrespective of the date of creation of possession or transformation; (b) any entering into possession
of private properties of State, through any means, that occurs after this law comes into effect;"
(e) Article 19 states that "any persons whose land title or factual circumstance fall within the scope of
Article 18 of this law shall not have the right to claim compensation or reimbursement of expenses
paid for the maintenance or management of immovable property that was illegally occupied;"
(f) Any illegal and intentional of fraudulent acquisition of public properties of state or of public legal
entities shall be penalized pursuant to Article 259 of this law;
(g) The penalties shall be doubled where any occupation of public properties cause damages or delay
to works undertaken in the general interest, especially the occupation of roadway reversed land;"
(h) Ownership of immovable properties described in Article 25 is granted by the state to indigenous
minorities4 as collective ownership. This collective ownership includes all of the rights and
protections as enjoyed by private owners. The exercise of collective ownership rights shall be
subject to the responsibility of traditional authorities and decision-making mechanisms of the
indigenous community, according to their customs and subject to the laws of general enforcement
related to immovable property such as the law on environmental protection. (Article 26);
(i) Persons with legally valid possession ofland for five years (at the time the law came into effect) are
allowed to be registered as the owner of the land (Article 30). Persons who (at the time the law came
into effect) held legal possession but had not yet completed the five years are allowed to remain in
possession until they are eligible to be registered as the owner. (Article 31 );
(j) Any beginning of occupation for possession shall cease when this law comes into effect (Article
29). After this law comes into force, any new occupant with title to an immovable property
belonging to the public bodies or private persons shall be considered as illegal occupant and shall
be subject to the penalties provided in Article 259 of this Law (Article 34);
(k) Article 38 states that "in order to transform into ownership of immovable property, the possession
shall be unambiguous, non-violent, publically known, continuous and in good faith;" and
(I) Landless people may apply for land for residential and subsistence farming purposes at no cost, as
part of a social land concessions scheme. The concessionaire may obtain ownership of this land
after fulfilling conditions set out in a separate Sub-Decree on Social Land Concessions. (Articles
50, 51).
3.1.3. The Expropriation Law
38. The Expropriation Law defines the procedures for acquiring private property for the national or public
interest.
(a) Article 2: the law has the following purposes: (a) ensure reasonable and just deprivation of a legal
right to ownership of private property; (b) ensure payment of reasonable and just prior
compensation; (c) serve the public and national interests; and (d) further development of public
physical infrastructure;
(b) Article 5 provides a list of public physical infrastructures which are larger scale type and include
primarily construction or expansion of railroads, roads, bridges, airports, ports; power stations and
transmission line; buildings and equipment for postal, telecommunication and information
technology systems; irrigation systems, clean water supply systems, sewage systems, and public
interest spaces; etc.
(c) Article 7: Only the state may carry out an expropriation for use in the public and national interest;
4
As per Article 23 of the Land Law, "An indigenous community is a group of people that resides in Cambodia
whose members manifest ethnic, social, cultural and economic unity and who practice a traditional lifestyle, and who
cultivate the lands in their possession according to the customary rules of collective use.
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P153591 LEAP - Resettlemet Policy Framework, December 22, 2016
(d) Article 8: The state shall accept the purchase of the remaining part of real property left over from
an expropriation at a reasonable and just price at the request of the owner of land/or the holder of
rights in the expropriated real property, if he is no longer able to live near the expropriated scheme
or build a residence or conduct any business; and
(e) Article 22: Stipulates the amount of compensation to be paid to the owner of and/or holder of rights
in the real property, which is based on the market value of the real property or the replacement cost
as of the date of the issuance of the Prakas 5on the expropriation scheme. The market value or the
replacement cost shall be determined by an independent commission or. agent appointed by the
expropriation committee.
39. The Law on Expropriation launched in 2010 provides principles, mechanisms, and procedures of
expropriation, and defining fair and just compensation for any construction, rehabilitation, and expansion of
public physical infrastructure project for the public and national interests and development of Cambodia. The
Expropriation Law which is largely consistent with the main principles of the Bank's Involuntary Resettlement
Policy (OP 4.12) will be adopted by the LEAP for any unlikely, but required appropriation of ownership of
immovable property or the real right to immovable property of a physical person or legal entity or legal public
entity, which includes land, buildings, and cultivated plants, and for construction, for rehabilitation or for
expansion of public physical infrastructure that serve the public and national interests.
3.1.4. Sub-decree on Right of Way for National Road and Railroad
40. The Sub-decree No.197 is to manage the use of right of way (ROW) for national road and railroad for
the development in the Kingdom of Cambodia. The Sub-decree defines the ROW for national roads as below
(Article 8):
- National Road with 1 digit: ROW is 30 meters measures from the center line
- National Road with 2 digits: ROW is 25 meters measured from the center line
41. The above determination is not applicable for Phnom Penh, provincial towns and other urban areas
where a separate ROW will be defined. The Government will compensate to the owner of land affected by the
new re-defined ROW as per Article 8 and 9 of this Sub-decree. The compensation will be in accordance with
the resettlement policy and of the Land Law (Article 13). The Sub-decree did not determine the ROW for other
road i.e. provincial roads and district or commune roads and rural road or other road defining the boundary of
national or sanctuary parks.
3.1.S. Other Relevant Policies
42. The private ownership of land was re-established in 1989, and confirmed in 2001. The Land Law
(Article 4) enables Cambodians to register the land they occupy with the local Cadastral Administration Office,
whereupon a certificate of land title is granted. Issuing land titles is a lengthy process and most offices have a
major backlog of applications. People are given a receipt and until the official title deed is issued, this receipt
is accepted as a proof of real occupant of the land for land purpose or sale.
43. Sub-Decree on Social Land Concession, March 2003. This provides for allocations by the State for
private land for the purposes of the alleviation of landlessness and poverty, including the replacement of land
lost in the context of involuntary resettlement.
5
A "Prakas" is a ministerial or intra-ministerial decision signed by the relevant minister(s). A parkas must
conform to the Constitution and to the law or sub-decree to which it refers.
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P153591 LEAP - Resettlemet Policy Framework, December 22, 2016
44. Circular No. 02 dated on February 261h, 2007 Stated clearly that i) illegal occupant of state land has
no right to compensation and can be punished in accordance to the land law 2001 and ii) illegal occupant who
are poor, landless and part of vulnerable group can be provided a plot of land.
45. MEF Circular No. 006 on the Resettlement Implementation Procedure for development projects dated
on April 2°d, 2014. This new circular instructed clearly the administrative management and role and
responsibility of all relevant Implementing Agency and Provinces in implementing the resettlement for
development project. The Circular give mandate to General Department of Resettlement (GDR) of Ministry of
Economy and Finance to review and approve the resettlement plan, prior to submitting to funding agency for
no objection. GDR also is responsible for leading and coordinating implementation of RP and other
resettlement issues.
46. MEF Sub-Decree No. 115 dated May 26, 2016 on promoting Resettlement Department to General
Department of Resettlement provides mandate to GDR to lead all resettlement activities including preparation
of resettlement action plan (RAP), implementing and internal monitoring of RAP.
47. Decision No. 001 SSR/NCDD on Promulgating of the Second Revision of the CS Fund Project
Implementation (CSF PIM) dated on 14 January 2009 is for implementing Commune/Sangkat fund projects.
The CS Fund will support local/community infrastructure. A local infrastructure project is a project which
creates a durable physical asset that is fixed in one place and can be used by all the people in the local area6•
Section 2.9 of the CSF PIM provides guidelines for preparing land study reports consisting of voluntary land
contribution reports and land acquisition reports if land and/or asset, used or owned by someone, are affected
by the local infrastructure development.
3.2. World Bank Policy on Involuntary Resettlement (OP/BP4.12)
48. Involuntary resettlement may cause severe long-term hardship, impoverishment, and environmental
damage unless appropriate measures are carefully planned and carried out. For these reasons, 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.
49. This policy covers direct economic and social impacts that both result from Bank-assisted investment
projects, and are caused by
(a) The involuntary ti¥r;ig of land resulting in[s}~ki) relocation or loss of shelter;~}~kii) loss of assets or
access to assets; oits}p.(iii) loss of income sources or means of livelihood, whether or not the affected
persons must move to another location; ot{s}~]
(b) The involuntary restriction of access to legally designated parks and protected areas resulting in
6
The "local area" can mean the whole commune (for example, a road project), or a part of one village (for example, a
well) but it cannot mean just one house. The parts of the infrastructure that are used by just one house (for example, the
wire connecting one house to the electricity system) should be paid for by the house owner.
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P153591 LEAP - Resettlemet Policy Framework, December 22, 2016
adverse impacts on the livelihoods of the displaced persons, for LEAP project this does not apply.
50. This policy applies to all components of the project that result in involuntary resettlement, regardless
of the source of financing. It also applies to other activities resulting in involuntary resettlement, that in the
judgment of the Bank, are (a) directly and significantly related to the Bank-assisted project; (b) necessary to
achieve its objectives as set forth in the project documents; and (c) carried out, or planned to be carried out,
contemporaneously with the project.
51. For land acquisition, the policies require close consultation with the affected population and
appropriate mitigation of the potential negative impacts given special attention to gender, and other vulnerable
group issues. The policies also specify the need for monitoring and evaluation and ensuring adequate budget
and capacity of the agencies.
3.3. Gap Between the Government Policies and the World Bank OP/BP4.12
52. The World Bank's Policy requires the RGC to analyze and summarize national laws and regulations
pertaining to land acquisition, compensation payment, and relocation of affected persons in their RPF or
resettlement action plan (RAP). The RGC will compare and contrast such laws and regulations with the Bank's
Policy principles and requirements. If a gap between the two exists, the RGC will propose suitable gap-filling
measures, for impact minimization. Such measures would be included in the RPF or RAP in consultation with
the Bank's officer in charge, or called the Project's Policy for Compensation and Entitlement. In general,
Cambodia Law on Expropriation and other relevant policy and procedure are in line with the World Bank
OP/BP 4.12. Below is the gap analysis comparing existing Cambodian laws and regulations to the Bank
OP4.12.
Table I: Gap Analysis between RGC Lee:al/Re2u atory Framework and the World Bank OP4.12
Subjects OP 4.12 RGC Gap/Project Measures
1. Land Property
I.I. Policy PAPs (Project Affected The Expropriation Law aims to i) Physical displacement is
objectives Persons) should be Ensure just and fair deprivation not allowed, thus no
assisted in their efforts of legal rights to private impact on livelihood and
to improve their property; ii) Ensure a fair and standard of living is
livelihoods and just compensation in advance; expected;
standards ofliving or iii) Serve the national and public
at least to restore interest, and iv) Develop public However, sub-projects
them, in real terms, to physical infrastructures (Article may result in economic
pre-displacement 2) displacement. The
levels or to levels numbers would be small
prevailing prior to the Sub-degree on social land if indeed it will occur.
beginning ofproject concession provide allocation for
implementation, free state land to landless people Entitlement Matrix is
whichever is higher of residential or farming purpose, developed as a gap
including the replacement of filling measure
land lost in the context of
involuntary resettlement Projects funded through
C/S fund will apply
Resettlement practice: C/SF PIM
- Provide income restoration
program for all relocated
PAPs and for on-site severely
PAPs and vulnerable PAPs.
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Pl53591. LEAP- Resettlemet Polley Framework, December 22, 201.6
- Provide living allowance
- Special assistance to
vulnerable PAPs
CSF PIM: CS Council does not
have any right to take private
land when it will cause a house
where people live to be moved or
destroyed, or a building used for
business to be moved or
destroyed.
1.2. Support/or Financial assistance Article 19 [Land Law]: " ...any Financial assistance to
affected to all project affected illegal and intentional or all project affected
households who p ersons to achieve the deceitful acquisition of the persons to achieve the
have no policy objective (to public domain of the State or policy objective (to
recognizable improve their public legal entity shall be improve their livelihoods
legal right or livelihoods and punished..." and standards of living
claim to the land standards ofliving or or at least to restore
they are at least to restore Article 23 [Expropriation them, in real terms, to
occupying them, in real terms, to Law]:"The owner and/or the pre-displacement levels
pre-displacement rightful owner has the right to or to levels prevailing
levels or to levels compensation for actual damages prior to the beginning of
prevailing prior to the commencing from the last date project implementation,
beginning ofproject of declaration of expropriation whichever is higher)
implementation, (cut-off date) for which they are
whichever is higher) entitled to fair and just Vulnerable PAPs will
compensation. receive special
assistance.
Resettlement practice:
- No compensation for losing Entitlement Matrix is
any land located in the public developed as a gap
land. filling measure
- Those who become landless
by the project will receive a Projects funded through
plot of residential land (7m by CS fund will apply CSF
l 5m = l 05m2) in the village or PIM
village nearby or at relocation
site with provision of access LEAP PIM will include
road, intra road network, assistance for non-
water and electricity network recognized land users
(iflocally available), and
individual household latrine.
Special assistance to
vulnerable PAPs
CSF PIM recognizes land
owners and users without land
title
1.3. Compensation at full The RGC will not spend national Compensation at full
Compensation costfor all structures budget to make payments for replacement cost will be
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P153591 LEAP - Resettlemet Policy Framework, December 22, 2016
for illegal regardless oflegal structures or other items located given for all structures
structures status ofthe PAP 's on the RGC claimed rights of affected, regardless of
land and structure. way, i.e. ROW for roads and legal status of the land
railroads. (MEF Decision No. and structure.
961)
Provide transport
However in real resettlement allowance based on
.practice the RGC agreed to. structure types.
provide compensation for such
illegal structures at replacement Entitlement Matrix is
cost without deduction or developed as a gap
depreciation of salvage materials filling measure
plus transport allowance
Projects funded through
CSP PIM does not clearly CS fund will apply CSF
address. PIM
2. Compensation
2.1. Methods for Compensation for lost Article 22 [Expropriation Law]: Independent appraiser
determining land and other assets "Financial compensation given conducts replacement
compensation should be paid at full to the property owner and/or cost study for all types
rates replacement costs, rightful owner shall be based on of assets affected in
a market price or replacement order to establish
price on the date of declaration compensation rate,
of the expropriation. The market which are appraised by
price or the replacement price IRC/GDR to ensure full
shall be determined by an replacement costs.
independent committee or agent
selected by the Expropriation Entitlement Matrix is
Committee." developed as a gap
filling measure
CSF PIM requires to set up
compensation valuation chaired Projects funded through
by commune/Sangkat chief CS fund will apply CSF
PIM
2.2. Loss ofincome Article 29 [Expropriation Law]:
Compensation sources should be Apply current
for loss of compensated (whether - A lessee who is holding a resettlement practice
income sources or not the affected proper lease agreement is measures for temporary
or means of persons must move to entitled to compensation for loss of business income
livelihood another location) disruptions arising from including renter.
dismantling equipment and
transporting it to a relocation Entitlement Matrix is
site. developed as a gap
- The immovable property's filling measure
lessee who is operating a
business shall have access to Projects funded through
compensation for effects on CS fund will apply CSF
the business and to just and PIM
fair additional compensation
for the capital actually
invested for the business
operation. The compensation
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Pl53591 LEAP - Resett/emet Policy Framework, December 22, 2016
shall commence from the date
of the declaration on an
expropriation project.
- For the expropriation of a
location where a business is in
operation, the owner is
entitled to support of
additional compensation at a
fair and just rate for the cost
of the property that is actually
affected, commencing from
the date of the declaration of
the expropriation.
In resettlement practice owners
of relocating shop will receive
one-time cash assistance and
renter will receive i) transport
allowance, ii) disruption
allowance, and iii) rental
allowance.
CSF PIM does not address
2.4. Livelihood Provision oflivelihood The government has no clear Income restoration
restoration and restoration and policy in this regard. However, program is not expected
assistance assistance to achieve income restoration program is as there is no physical
the policy objectives. provided under the multilateral displacement and
funded projects. TOR is included severely PAP.
in RAP and contracted agency is
carried out the IRP under Entitlement Matrix is
supervision ofIRC developed as a gap
filling measure
CSF PIM does not address
2. 5. Consultation Participation in Article 16 of Expropriation Law: Extensive consultation
and disclosure planning and In conducting this survey, the and participation will be
implementation, Expropriation Committee shall conducted at every stage
specially confirming arrange a public consultation of RAP planning and
the eligibility criteria with the authorities at capital, implementation.
for compensation and provincial, municipal, district,
assistance, and access khan levels, and with the Entitlement Matrix is
to Grievances Redress commune and Sangkat councils developed as a gap
Mechanisms and village representatives or the filling measure
communities affected by the
expropriation in order to give Projects funded through
them clear and specific CS fund will apply CSP
information and to have opinions PIM
from all concerned parties about
the proposal for a public physical
infrastructure project.
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CSF PIM clearly addresses
public consultation and
information disclosure of the
proposed project
3. Grievance redress mechanism
Procedures for Grievance redress Grievance redress mechanism is Grievance Redress
recording and mechanism should be stated in the Expropriation Law Committee will be
processing under Government but it has provision to exclude established in Siem Reap
grievances Officials public infrastructure projects and in Phnom Penh
Responsibilities for following the RPF
handling grievances In resettlement practice every guidance.
with clear procedures project that involve involuntary
f or recording and resettlement Grievance Redress Projects funded through
processing grievances Committee is established from CS fund will apply CSF
commune to provincial level PIM
CSF PIM clearly address
grievance procedure
4. Monitor/nil & Evaluation
Internal and ex ternal Not included in Expropriation Both internal and
independent Law external (independent)
monitoring are monitoring will be
required CSF PIM clearly address the required following the
monitoring for compensation severity of impact.
arrangement Monitoring indicators
will be developed and
end-of-project report
will be done to confirm
whether the objectives of
OP 4.12 were achieved.
Projects funded through
CS fund will apply CSF
PIM
4. POLICY FRAMEWORK FOR LAND ACQUISITION AND COMPENSATION
53. This Policy covers only if sub-projects involve involuntary land acquisition and are funded apart from
C/S fund, and serve the national and public interest. However, it is unlikely exist under the LEAP.
4.1. Definition of Terms
54. Beneficiary - all persons and households from the villages who voluntarily seek to avail themselves
of, and be part of, the project.
55. Compensation - payment in cash or in kind at the replacement cost of the acquired assets for the
project.
56. Cut-off Date-the cut-off date is defined as the date prior to which the occupation or use of the Project
areas makes residents/users eligible to be categorized as project affected persons. The cut-off date for this
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P153591 LEAP - Resettlemet Policy Framework, December 22, 2016
Project will be the date of first public consultation with PAPs for each sub-project that requires land acquisition
prior to conducting inventory of loss (IOL) or the detailed measurement survey (DMS)
57. Displaced persons - refers to all of the people who, on account of the activities listed above, would
have their (1) standard of living adversely affected; or (2) right, title, interest in any house, land (including
premises, agricultural and grazing land) or any other fixed or movable asset acquired or possessed temporarily
or permanently; (3) access to productive assets adversely affected, temporarily or permanently; or (4) business,
occupation, work or place of residence or habitat adversely affected; and "displaced person" means any of the
displaced per5ons. · · ·
58. Eligible land holders-refers to affected persons who (a) hold title to land; or (b) do not hold title but
whose possession of land can be legalized with a title pursuant to the Land Law of Cambodia including those
with recognizable rights.
59. Entitlement - range of measures comprising compensation, income restoration support, transfer
assistance, income substitution, and relocation support which are due to affected people, depending on the
nature of their losses, to restore their economic and social base. The entitlements adopted for LEAP were
guided by the applicable national laws, regulations, and WB OP/BP 4.12. The entitlements may be further
revised based on actual status of impact, ifapplicable, in an updated version of the RPF.
60. Household - means all persons living and eating together as a single social unit.
6 l. Income restoration - means re-establishing income sources and livelihoods of project-affected
households to a minimum of the pre-project level.
62. Improvements - structures constructed (dwelling unit, fence, waiting sheds, pigpens, utilities,
community facilities, stores, warehouses, etc.) and crops/plants planted by the person, household, institution,
or organization.
63. Land acquisition - the process whereby a person involuntarily loses ownership, use of, or access to,
land as a result of the project. Land acquisition can lead to a range of associated impacts, including loss of
residence or other fixed assets (fences, wells, tombs, or other structures or improvements that are attached to
the land).
64. Project Authorities - refers to the Ministry of Interior (Mol), the Ministry of Economy and Finance
(MEF), the General Department of Resettlement (GDR) of the Ministry of Economy and Finance,).
65. Project Executive Agency- Refer to Ministry of Interior (Mol) and its Project Steering Committee
(PSC)
66. Project Affe.c ted Persons (PAPs)- includes any person, households, entity, organizations, firms or
private institutions who, on account of changes that result from the project will have their (i) standard of living
adversely affected, (ii) right, title, or interest in any house, land (including residential, commercial, agricultural,
forest, plantations, grazing, and/organizing land), water resources, fish ponds, communal fishing grounds,
annual or perennial crops and trees, or any other moveable or fixed assets acquired, possessed, restricted, or
otherwise adversely affected, in full or in part, permanently or temporarily; and/or (iii) business, occupation,
place of work or residence, or habitat adversely affected, permanently or temporarily, with or without
displacement.
67. Rehabilitation - refers to assistance provided to persons seriously affected due to the loss of
productive assets, incomes, employment or sources of living, to supplement payment of compensation for
acquired assets, in order to achieve, at a minimum, full restoration of living standards and quality of life.
Compensation for assets often is not sufficient to achieve full rehabilitation.
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68. Replacement cost - is the method of valuation ofassets, which determines the amount of compensation
sufficient to replace lost assets, including any necessary transaction costs. Compensation at replacement cost
is defined as follows: For agricultural land, it is the pre-project or pre-displacement, whichever is higher,
market value of land of equal productive potential or use located in the vicinity of the affected land, plus the
cost of preparing the land to levels similar to those of the affected land, plus the cost of any registration and
transfer taxes. For land in urban areas, it is the pre-displacement market value of land of equal size and use,
with similar or improved public infrastructure facilities and services and located in vicinity of the affected land,
plus the cost of any registration and transfer taxes. For houses and other structures, it is the market cost of the
materials to build a replacement structure with an area and quality similar to or better than those of the affected
structure, or to repair a partially affected structure, plus the cost of transporting building materials to the
construction site, plus the cost of any labor and contractors' fees, plus the cost of any registration and transfer
taxes. In determining the replacement cost, depreciation of the asset and the value of salvage materials are not
taken into account, nor is the value of benefits to be derived from the project deducted from the valuation of
an affected asset. Where domestic law does not meet the standard of compensation at full replacement cost,
compensation under domestic law is supplemented by additional measures to meet the replacement cost
standard. Such additional assistance is distinct from resettlement measures to be provided under other clauses
in the World Bank (WB) Operational Policy (OP)/Bank Policy (BP) 4.12, Para. 6.
69. Resettlement - means that all measures should be taken to mitigate any and all adverse impacts of a
project on PAP property and/or livelihood's, including compensation, relocation (where relevant) and
rehabilitation as needed.
70. Vulnerable groups - are distinct groups of people who might suffer disproportionately or face the risk
of being marginalized from the effects of resettlement and specifically include: (i) female headed households
with dependents, (ii) disabled household heads, (iii) households falling under the generally accepted indicator
for poverty, (iv) elderly households with no means of support and landlessness, and (v) indigenous peoples.
The vulnerability of each household will depend on the impact and their socio-economic status that will be
assessed as the result of detail baseline socio-economic survey during the detail measurement survey or
inventory of lose assets.
4.2. Objectives and Principles of the RPF
71. The objectives of this Resettlement Policy Framework are (a) to avoid or minimize any land acquisition
and resettlement deriving from activities under the LEAP project, and (b) to provide fair compensation in case
of occurrence of involuntary resettlement.
72. The fundamental principle incorporated in this Framework is that all necessary measures will be
undertaken to improve, or at least restore, incomes and living standards of all persons adversely affected as
result of land acquisition. The Framework further incorporates the relevant laws of the Royal Government of
Cambodia and the guiding principles espoused in the World Bank OP/BP 4.12.Specific principles that apply
for LEAP include:
(a) Construction of community infrastructure and other structures or buildings shall avoid acquisition of
privately owned land and relocation of peoples. Ifprivate land must be acquired for such construction,
compensation shall be paid at replacement cost. Voluntary land donation can be accepted as per below
"Procedure Used under the CS Fund";
(b) No physical relocation is accepted under LEAP, and any economic displacement must be minimal;
(c) Ensure design standards minimize the need to impose land use restrictions on adjoining areas;
( d) Develop fair and transparent procedures, as defined in the Entitlement Matrix ofthis RPF to determine
compensation for (i) temporary loss of land and/or assets during construction; and (ii) permanent
acquisition ofland and/or assets;
(e) Upon completion of construction, restore land as best as possible to its original condition in the event
of temporary disruption so as to enable landowners/users/lessees to resume their pre-project activities;
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P1.53591. LEAP - Resettlemet Policy Framework, December 22, 201.6
(f) Keep PAPs, and communities fully informed about the construction activities, the process that will
be followed to acquire and compensate for land, and their related rights and avenues for redress;
(g) Ensure that aggrieved PAPs will have redress and recourse options and that solutions are in line with
principles stipulated in this RPF and, importantly, are employed;
(h) All PAPs, without regard to legal status of property, will receive support of various kinds, as per the
principles set out in the Entitlement Matrix, to assist them in their efforts to maintain their livelihoods
and well-being prevailing prior to the LEAP. Unrecognized/unauthorized land users will not be
compensated for loss of land but will receive compensation for loss of other assets they own which
had been established prior to the cut-off date, and for loss of income such that they are assisted in
their efforts to maintain their livelihoods and well-being. Detailed measures to be implemented will
be determined based on census, inventory of lose (or detailed measurement survey) and baseline
socio-economic survey conducted when the ARAP/RAP is developed;
(i) PAPs will be notified of the project implementation schedule and consulted regarding the principles
of land acquisition and loss of or damage to assets; and
(j) Damages to assets, such as standing crops, trees, fences and kiosks, and loss of income (including
loss of harvest) will be minimized, if inevitable, it will be compensated without regard to legal status
of ownership according to the Entitlement Matrix illustrated in Table 2.
4.3. Eligibility, Entitlements and Compensation
4.3.1. Eligibility Criteria
73. All PAPs who are identified in the sub-project-impacted areas on the cut-off date would be entitled to
compensation for their affected assets, and rehabilitation measures sufficient to assist them to improve or at
least maintain their pre-project living standards, income-earning capacity and production levels. The cut-off
date will be the final day of the detailed measurement survey (DMS) in each sub-project investment. Those
who encroach into the investment area after the cut-off date will not be entitled for compensation or any other
assistance. PAPs, under LEAP, may be categorized into i) legal owner, ii) recognizable owner, and iii)
unrecognized/unauthorized user. The three categories will also be impacted differently based on severity. Thus,
eligible PAP will be entitled to receive compensation based on category of PAP, scope of impact and severity.
The three categories of PAPs and his/her entitlements include:
(a) Legal owner. If a person or household, who is a legal owner ofland (with land title) as defined under
the Land Law, loses fixed assets or access to agricultural land in the planned LEAP area, he/she is entitled
to receive compensation for land and assets. All PAPs are identified in the Project impacted areas as of the
date of the Detailed Measurement Surveys. They are entitled with rehabilitation measures sufficient to
assist them to improve or at least maintain their pre-project living standards, income earning capacity and
production levels.
(b) Recognizable owner. Refer to a person or household who has no land title but he/she is legitimate as
owner, collective or co-owner, and customary land right under the Land Law. A person falling under this
category will be entitled to the same as a legal owner. 7
( c) Unrecognized/unauthorized user. Refers to a person or household who are using or residing on public
land or other land that is prohibited under the Land Law. A person falling under this category will not be
entitled for land compensation. However, he/she will be entitled for compensation at replacement cost, for
fixed assets he/she owned, as part of land. He/she may request for proof of ownership of the non-land
7
The Commune/Sangkat Fund Project Implementation manual uses the term "affected land user'' to refer to both any
person who owns land, or uses the land for residence, business or agriculture, "even if they do not have a land title." As
such, these people or households are "recognized" by the local community as being entitled to compensation if they do
not wish to donate their land for Project investments.
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affected assets. Additionally, he/she will also be entitled for livelihood restoration and/or special assistance
if he/she is severely affected and/or fail under the special consideration (the vulnerable group).
4.3.2. Entitlements and Compensation
74. Entitlements are defined as the right of the PAPs to receive compensation/assistance from the LEAP
project because the project causes them loss of land, user right, and loss of non-land based assets. Different
PAP will have different entitlements for compensation. Below Compensation and Entitlemepts Matrix is
developed as gap filling measures in order to minimize land acquisition impacts. The Entitlements Matrix will
be updated if ARAP/RAPs are developed and impacts are clearly identified.
75. Compensation can be in kind or in cash. Land for land is preferred option if land is acquired for the
project. However, previous practice indicates that majority of PAPs opt to get paid by cash because they can
purchase other land where be/she prefer. Structure for structure has been opted for communal or public
structure i.e. pagoda gate or school fence. All privately own structures affected are paid in cash. Compensation
is paid at replacement cost without deduction or depreciation of salvage materials. A replacement cost study
(RCS) is a method used to establish compensation rates for lands, structures and trees and crops at current
market price. Normally, the RCS is updated ifthe project is unexpectedly delayed or market price of materials
are inflated drastically.
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Table 2: Entitlement Matrix for Involuntary
-
Resettlement
ELIGIBLE
TYPE OF LOSS ENTITTLEMENTS IMPLEMENTATION ISSUES
PERSONS/HOUSEHOLD
A. LOSS OF LAND
PRIVATE LAND
I. Loss of Land: Either Partial • All PAP with recognized or • Land for land replacement with similar quality • PAP to be notified at least 30 days in advance before
or Entire Land recognizable proof of ownership and productivity; or the start of civil works in the locality of the actual
whose land will be acquired. • Cash compensation at replacement cost. date that the land will be acquired by the project.
• Inter-ministerial Resettlement Committee (IRC) will
ensure payment of all compensation for which PAP
are entitled to at least 30 days prior to the
commencement of civil works.
STATE PuBLICIPRlVATE LAND
I. Partial Loss of Residential • PAP with main house and/or • PAP must be removed entirely from state • PAP to be notified at least 30 days in advance before
and/or Commercial Land, small shop (independent/family- public/private land without compensation for the start of civil works in the locality of the actual
in which the remaining · owned business) such lose of land. date that the land will be acquired by the project.
land is STILL VIABLE for
continued use • No new permanent or non-permanent • If PAP fully occupies state public/private land, the
structures (i.e. structures on a foundation or remaining portion remains state public/private land.
wooden house larger than the affected one or • All new structures will not be compensated if needed
small store) are permitted to be re-constructed. for further development in the future.
II. Entire Loss of Residential • PAP with main house or shops • No cash compensation for affected state • PAP to be notified at least 30 days in advance before
or the remainin~ land is affected by the project. public/private land. the start of civil works in the locality of the actual
NOT VIABLE for date that the land will be acquired by the project.
continued use (Landless • Land replacement by land in a resettlement site
PAP) or nearby village provided by the RGC • Remaining land remains state public/private land.
• In case resettlement site is developed, land
replacement by land is provided in a
resettlement site with basic infrastructures will
be provided by RGC. A land plot will be 7 .Om
x 15.0m = 105.00m2 oer landless PAP. Or a
The size of viable land will be discussed between IRC-WG and the PAH during the detailed measurement survey (OMS).
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Pl.53591. LEAP- Resettlemet Policy Framework, December 22, 201.6
plot ofland (same size) located within the
same village if available
• Land title for the land plot in the resettlement
site with names of husband and wife will be
provided to each household after five
consecutive years of living on the land.
ill. Loss of productive land • All PAPs occupying land or using • No cash compensation is provided • PAPs to be notified at least 90 days in advance prior
use, either partial or entire land belong to public/state to the start of civil works in the locality of the actual
land lose date that the land will be acquired by the project
• PAPs will not be moved from the land without
justification (i.e. unless or until the land is required by
the project. ·
TYPE OF LOSS ELIGIBLE PERSONS ENTITTLEMENTS IMPLEMENTATION ISSUES
B. LOSS OF STRUCTURES
I. Partially loss of Houses or • All the PAP confirmed to be • Cash compensation at replacement cost • PAP to be notified at least 30 days in advance before
Shop/Store; residing in, doing business within without deduction for depreciation or the start of civil works in the locality of the actual
the project affected area before salvageable materials. date that the land will be acquired by the project.
"Entirely lost or partially and on the Cut -off Date. • PAP to get cash compensation at least 30 days ahead
lose but remain portion is of civil works in the locality to allow the PAP
not viable for use is not sufficient time to gradually reorganize the house
allowed under the project" and/or shop, thereby avoiding any disruption in their
livelihood.
• PAP must completely cut and move back the affected
land within 30 days after receiving compensation.
•
II. Other Structures (porch, • All the PAP confirmed to be • Cash compensation at replacement cost • PAP to be notified at least 30 days in advance before
extended eaves, spirit residing in, doing business within without deduction for depreciation or the start of civil works in the locality of the actual
house, fence, etc.) the project affected area before or salvageable materials. date that the land will be acquired by the project.
on the Cut- off Date. • IRC will ensure payment of all allowances for which
PAP are entitled to at least 30 days prior to the
scheduled start of civil works.
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PJ.53591. LEAP- Resettlemet Policy Framework, December 22, 201.6
CLOSS OF CROPS AND TREES
I. Loss of Crops • Owners of crops regardless of • To the extent possible, PAP will be allowed to • Annual Crops - PAP will be given 90 days' notice
land tenure status harvest their annual and perennial crops prior that the land on which their crops are planted will be
to construction. used by the project and that they must harvest their
• If crops cannot be harvested due to crops before the civil work.
construction schedule, PAP are entitled to cash
compensation for the affected crops at
replacement cost.
Il. Loss of Fruit or Shade • Owners of trees regardless of • Fruit trees will be compensated in cash at • PAP to be notified at least 90 days in advance before
Trees land tenure status replacement cost. In the case of mature fruit the start of civil works in the locality of the actual
bearing trees, the value of a years harvest for date that the land will be acquired by the project.
the tree multiplied by the amount of time for • Remaining ROW \s still public state land.
the tree to reach maturity will also be
compensated for
TYPE OF LOSS ELIGIBLE PERSONS ENTITTLEMENTS IMPLEMENTATION ISSUES
D. LOSS OF COMMON PROPERTY RESOURCES
I. Partial or Entire Loss of • Affected communities or • Replacement by similar structures and quality • Communities to be notified at least 30 days in
Community and/or Public concerned government agencies at the area identified in consultation with advance before the start of civil works in the locality
Assets (i.e. pagoda gate, who own the assets affected communities and relevant authorities. of the actual date that the land will be acquired by the
school, health center project.
fences) resulted from
infrastructure
improvements
E. TEMPORARY IMPACTS AND ALLOWANCE
I. Temporary loss of business • Owners of assets • Restoration of income lost during the period in • Disruption period should be no longer than 30 days or
income which the business was interrupted • Business shall be fully resume not more than 30 days
II. Vulnerable AHs • PAPs •
• One time cash assistance equivalent to US$ l 00 All vulnerable PAPs shall be the beneficiary of the
project
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4.4. Asset Valuation Method
76. Replacement cost study (RCS) is the basic document detailing methodology for calculating unit cost
for compensation of all kind of affected assets i.e. land, main structure, secondary structures, scope and trees
and other rehabilitation assistance. RCS will be conducted by an independent expert who is knowledgeable
about the construction material price and property valuation. Bill ofQuantity Method is normally used to derive
unit cost of every affected structure.
77. Relevant definitions to assess entitlement and compensation for eligible PAPs include:
(a) Replacement Cost Study (RCS). The main objective of the RCS is to determine the rate ofland prices
based on actual transaction records of the affected areas, of affected main and secondary9 structures,
and of fruit trees, trees and crops. Based on the results of RCS, the PAH will receive compensation at
replacement cost (reflecting market price) from RGC for their loss of land and property due to the
Project. The RCS will be implemented during the OMS;
(b) Unit Costs for Lands. The affected private lands were divided into four main categories: (1) rice field,
(2) orchard, (3) residential land, and (4) commercial lands. The way to obtain data on market rates is
to gather data on recent land sales, however sale cost recording could not be found at/around the Project
area. Therefore, data of recent sales were collected by direct interviews with (i) land owners at/around
the Project area who are both PAHs and non-PAHs, and (ii) local authorities at/around the project area.
Per results of the RCS, the unit costs ofland covered with recognized proofs of ownership, structures,
crops, perennials, and timber trees in districts and communes traversed by the project road are
provided;
(c) Unit Costs for Structures. The houses/structures affected by the project have been categorized into
two main groups - house/dwelling and other structures. The methodology employed for costing
house/structures were composed of quantity survey and detailed measurement of the component parts
of each structure. Labor costs were also assessed at market prices for the structure as a whole based on
the information provided by local building contractors on regional basis. Other structures such as wells
and fences, and cultural assets such as stupa (Chetdey), have to be compensated at their market price,
and the results of the specific rates of structures are provided; and
(d) Unit Costs of Crops and Trees. The data will be collected through interviews on the income at which
owners/cultivators of crops and trees at the project area. The market rates of crops and trees have been
calculated based on the yield and the period of maturity of trees and crops as determined from
interviews with farmers. The formula used for fruit trees is as follows:
78. Fruit Trees = ((quantity of harvested per year x market price) x (number of years it will mature))+ cost
of seedling
(a) Perennial trees that have a growth period of more than five (5) years have been classified as follows:
• Sapling tree under I year will not be compensated as it can be replanted;
• Young tree (l-3 years): will be valued at one-third (1/3) of its full price because it can be replanted;
• Young tree (3-5 years), bearing some fruit will be valued at two-thirds (2/3) of its full price; and
• Mature tree (more than five years) fully bearing fruit will be compensated at full price.
4.5. Special Considerations
79. Vulnerability and gender: LEAP recognizes that certain social groups may be less able to restore their
living conditions, livelihoods and income levels and has incorporated these concerns into the preparation and
9
This includes fences, wells, pig pens, toilets, kitchens, etc.
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P153591 LEAP - Resettlemet Polley Framework, December 22, 2016
implementation of project activities through an adoption of participatory planning and decision making
process. Women in the rural villages play a key role in household finance and community livelihood
development. They will be empowered to become active members in community activities and projects and
other collective endeavors in support of project implementation and monitoring.
80. During implementation, the Project will give special attention to women and female headed households
as beneficiaries of the project interventions. Active participation of women and community groups will be
ensured during the development ofappropriate measures to be responsive to specific needs or concerns of these
groups such as landless, poor, and households headed by women, disabled, elderly or children without means
of support. A gender strategy and community groups specific actions will be developed and included in
ARAP/RAP.
4.6. Gender Strategy
81. The following principles are adopted to engage women actively in the planning and implementation
of the resettlement program as well as other programs.
(i) Compensation payments will be signed off by both spouses, or in the case of female-headed
households, by the women.
(ii) The civil works contracts will include employment targets for the poor, and women from the Project
affected villages and local area. They will also include commitments to gender equity including: i)
ensuring that no child labor or trafficked labor will be used; ii) no discrimination against the
employment of qualified women; and iii) no differential wages paid to men and women for work of
equal value.
(iii) Special measures will be taken in disseminating information to and consulting with women to ensure
that they understand clearly the policies, entitlements and other procedures of the resettlement
program, and are able to make informed decisions.
(iv) The resettlement information system for the project will ensure that all databases and monitoring
indicators are disaggregated by gender.
(v) The respective SMTs will provide training for all resettlement committees to build capacity in
resettlement administration and to enhance gender sensitivity in resettlement management.
(vi) Women who are heads and/or members of PAP households as well as other women in the
communities will be encouraged and assisted to participate fully in the planning and implementation
of the Village Resource Use Agreement by drawing on their knowledge, skills and interests.
82. See Annex IA for Gender Action Planning Matrix.
5. RESETTLEMENT POLICY FRAMEWORK'S PROCESS
5.1. Safeguard Screening
83. Safeguard screening is required during sub-project preparation. Social safeguard processes will be
applied as per the relevant sections of the Commune/Sangkat Project Implementation Manual (CSF PIM).
Social screening will be carried out by the Commune/Sangkat councils once the sub-project investment
priorities have been identified using CSF PIM's Safeguard Screening Form, see Annex 2. District Facilitators
and Community Professionals will assist the Commune/Sangkat council in the safeguard screening process to
ensure compliance with the RPF and ESMF. If a sub-project is:
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(a) Implemented with CS fund procedures and involving land acquisition, follow section 9.2: Guideline
for Preparing a Land Study Report of the CSF PIM; or
(b) Implemented without the use of CS fund procedures, serves the national and public interest, and
involves land acquisition will follow Section 4: Policy Framework for Land Acquisition and Compensation
and other relevant Sections of this RPF.
84. Below described are procedures used for sub-projects involved in land acquisition which DO NOT use
C/S fund procedures and those which DO use the C/S fund procedures. ·
5.2. Procedures Used for Sub-projects NOT utilizing CS Fund Procedures
85. Expropriation Law identifies public physical infrastructures that serve for national and public interests
and that may acquire land for construction, rehabilitation or expansion. Those public physical infrastructure
include:
(a) construction or expansion of railroads, roads, bridges, airports, ports and accompanying structures
and equipment;
(b) construction or expansion of power stations, structures, equipment and lines for transmission and
distribution of electrical energy;
(c) construction or expansion of buildings and equipment for postal, telecommunication and information
technology systems;
(d) construction or expansion of roads, city space, vehicle parking lots, markets, parks, and public
squares;
(e) construction or expansion of irrigation systems, clean water supply systems, sewage systems, and
public interest spaces;
(f) construction or expansion of buildings for education, training, science, culture, health care, social
security, and stadiums for performances to public audiences;
(g) construction or expansion of refineries, purification stations, buildings and equipment for protection
of nature and the environment;
(h) construction or expansion of buildings and equipment for research and exploiting mines and other
natural resources;
(i) construction or expansion of gas systems, fuel pipes, oil refineries, oil rigs, and other systems;
G) construction or expansion of buildings/residences which are seriously destroyed by natural disasters
such as earthquakes, floods, fires, and landslides etc., and for preparation for resettlement;
(k) construction or expansion of buildings for protecting and supporting residents;
(I) construction or expansion of border crossing posts;
(m) construction or expansion of or preparation for necessary construction for national defense or
security;
(n) establishment ofnew sites for protection ofnatural resources, forests, cultural and archeological sites
or protection of the environment; and
(o) the implementation as required by the nation in accordance with the determination made by the
government;
86. If the above projects to be funded by WB involve land acquisition, a resettlement action plan is
required.
5.2. l. ARAP/RAP Preparation and Approval
87. The Ministry of Interior (Mol) in association with General Department of Resettlement (GDR) of the
MEF (secretariat of the Inter-Ministerial Resettlement Committee - IRC) provides the general direction for
planning the relocation and involuntary land acquisition process, ensures coordination between various
stakeholders concerned with the LEAP including those directly connected with relocation and monitoring
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implementation. Prior to commencement of sub-project activities, stakeholders from investment communities
where there are potential resettlement impacts will be consulted to establish planning principles and work
arrangements aimed at identifying and mitigating adverse social impacts induced by the construction activities.
The ARAP/RAP will obtain information through census, inventory of lose, baseline surveys, valuation of
properties, public consultation, and a determination regarding compensation, whether in the context of
temporary or permanent relocation and compensation or in the context of mitigating other project related social
impacts.
88. The RAP preparation must include the following precepts for PAPs so that they are:
(a) Informed about their options and rights pertaining to relocation and compensation;
(b) Consulted on, offered choices among, and provided with technically and economically feasible
relocation and/or compensation alternatives; and
(c) Provided prompt and effective compensation at full replacement cost for losses of assets and access
which are attributable to the project.
89. Adequate public consultation and participation are mandatory requirements of the RAP process. ln
addition, PAPs must be made aware of:
(a) Their options and rights pertaining to land donation, relocation and/or compensation;
(b) Specific technically and economically feasible options and alternatives for relocation or resettlement
sites (but not expected under the LEAP);
(c) Process of and proposed dates for relocation, resettlement and/or compensation (but not expected
under LEAP);
( d) Effective compensation rates at full replacement costs for loss of assets and services; and
(e) Proposed measures and costs to maintain or improve their standards of living and livelihood.
90. The ARAP/RAP requires site-specific comprehensive information to identify the following
parameters:
(a) Persons who will be affected (positively and adversely) by the project activities;
(b) Persons eligible for compensation and/or assistance;
(c) Types of lose by type of land, structure, other miscellaneous, trees and crops; and
(d) Type of land donation, if any, and/or assistance required.
91. Following completion, the ARAP/RAP will be submitted to IRC for review and approval prior to
submitting to the World Bank for no objection.
92. The ARAP includes the following information:
(a) Brief description of the target sub-project, location and its impacts;
(b) Consultation with PAPs;
(c) Baseline information of PAPs;
(d) Category of PAPs by degree and type of impacts;
(e) Entitlements for compensation, allowances and rehabilitation or restoration assistance by category of
impacts in a compensation/entitlement matrix;
(t) Information on relocation site, where applicable;
(g) Institutional responsibilities for implementation and monitoring;
(h) Grievance redress procedures;
(i) Estimated cost of resettlement and budget allocation by phases; and
(j) Time-bound plan for implementation.
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93. A sub-project that affects more than 200 people in tenns of loss of land, assets, access to common
resources and livelihoods requires a RAP to be prepared. Typically, the RAP would include the following:
(a) Brief description of the sub-project, location and its impacts;
(b) Principles and objectives governing resettlement preparation and implementation;
(c) Legal framework;
(d) Baseline·information of PAP and PAH;
(e) Category of PAP and PAH by degree and type of impact(s);
(f) Entitlement to compensation, allowances, and rehabilitation or restoration assistance by category of
impacts in a compensation/entitlement matrix;
(g) Infonnation on relocation site together with socio-economic conditions on the secondary PAP and PAH
and host communities, where applicable;
(h) Institutional arrangement for planning and implementation;
(i) Participatory procedures during planning and implementation;
(j) Grievance redress procedures;
(k) Estimated cost of resettlement and budget allocation by phases;
(l) Time-bound action plan for implementation; and
(m) Internal and external monitoring procedures, including the tenns of reference (TOR) for external
monitoring and evaluation.
94. Annex 4 provides formats for Resettlement Action Plan including annotated ARAP and RAP
documents. ARAPIRAP will be prepared by GDR with the assistance of Mol's project team and a social
safeguard consultant and submit to !RC for review and approval prior to further submitting to the World Bank
for no-objection.
95. Any single sub-project investment that affect more than 200 persons shall not be allowed due to high
transaction costs of address such impacts that exceed project benefit unless it proves that investment cost is
much lower than the benefit.
5.2.2. ARAP/RAP Implementation Process
96. After request for ARAP/RAP implementation by MoI, IRC will mobilize its working group to work
closely with PRSC-WG before commencement of any resettlement activities. Land acquisition and relocation
of PAPs will not commence until the detailed RAP has been reviewed and approved by both !RC and the WB.
Several steps are integral to the ARAP/RAP implementation process, including:
(a) Detailed Measurement Survey <DMS) and Baseline Socioeconomic Survey CBSS): DMS, including
census, and sample-based BSS will be conducted under management of the IRC-WG based on the
approved detailed designed and as requested by Mol. The surveys will be implemented by IRC-WG
in close cooperation with PRSC-WG and relevant local authorities. Recently, IRC/GDR has
outsourced BSS to consulting firm in order to fasten the data collection process that nonnally takes
longer time. DMS will be a binding legal document for compensation payment to PAP. Therefore, it is
necessary to have it signed by PAP and chief of village and commune of their residency.
(b) Replacement Cost Study (RCS): In parallel with the above surveys, the RCS will be conducted by an
independent agency hired by !RC. The contracted agency will conduct construction materials and other
agricultural product market price in and nearby the project area. Land valuation is also part of the study
based on selling and buying record. RCS will use the collected data for calculating current market
price/value of all affected items identified by DMS and establish unit cost for compensation for each
affected items. RCS report including proposed unit cost for compensation will be reviewed and
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approved by IRC. RCS is required to update if the compensation is not paid within 24 months from
the date of conducting RCS or if the marketing price is significantly fluctuated during the course of
implementing the ARAPIRAP. See Annex 1B for survey requirement for RAP
(c) Preparation and approval of ARAP/RAP: Based on results of DMS, BSS and RCS, the GDR will
prepare the ARAPIRAP in compliance with the approved RPF and submit to IRC for review and
approval prior to further submit to the World Bank for no objection. An addendum to ARAP/RAP will
be updated if scope of the project is changed leading to change in scope ofresettlement. Mol may seek
technical assistance from the Bank for ARAP/RAP preparation if they have no qualified staff.
(d) Preparation and approval of resettlement budget: GDR will be responsible for preparing budget for
compensation and other assistance based on the approved budget in the ARAP/RAP and submit to the
government for approval and disbursement. Approval of budget is time-consuming. However, the
government will make sure that budget for resettlement is made available before commencement of
civil work and PAP give sufficient time (at least 30 days) for removal of their affected assets.
(e) Contract sign and compensation payment: Once the budget is available, IRC-WG will go house-to-
house to conduct contract sign for compensation payment. At this stage, it is important that IRC-WG
confirm quantity of affected assets by items together with compensation amount. IRC-WG need to
request budget for compensation and payment will be paid in the public place accessible to all PAP.
For security reason, compensation amount to each PAP will not be publicly announced. However,
independent agency or external monitoring agency will monitor the process and randomly select the
PAP to verify their payment amount with the contract.
(t) Public Information. Consultation and Disclosure: Series of public consultative meetings are conducted
during the course of ARAP/RAP preparation and implementation (see Section 7 for Public
Consultation and Disclosure and Annex l C for Framework for Community Consultation and
Participation Process).
(g) Notification on Site Clearance: PAP who will be relocated shall be informed about the schedule for the
project site clearance and start-up of the physical works. PAP will be given at least 30 days advance
notice of the commencement of physical work. Letter of Notification for site clearance will be publicly
posted in the beneficiary community and commune council or head of village house, wherever easy
access to PAPs.
5.3. Procedure Used for Sub-projects Funded through CS Fund Procedures
97. CSF PIM Section 1.7 describes Commune/Sangkat Fund projects. Only local or community
infrastructure projects will be funded by the C/S fund. Below are examples of local infrastructure projects
funded by CS fund:
(a) Roads that provide access from the villages in the Commune/Sangkat to local services [s}!kmarkets,
schools, health centres etc.) or that link to roads leading to the District or [s}!]Provincial centre, and
bridges, culverts and other structures on these roads;
(b) Water supplies such as wells, ponds, reservoirs, or piped water schemes, for houses in ~}!]the local
area;
(c) The public parts of sanitation and drainage systems;
(d) Irrigation systems, except for mobile pumps;
(e) Electricity generation and distribution systems for the houses in the commune;
(t) Market buildings or market places;
(g) School buildings;
(h) Health centres;
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(i) Community buildings meaning any type of building used to P.rovide public or ;}~k:ommunity services
and not used for political or religious purposes, for Council [s}p]administration or as a private dwelling;
0) Water supplies and sanitation at public buildings such as markets, schools, health ;}~k:entres etc.;
(k) Constructions used for waste disposal (for example, an incinerator at the market);
(1) Constructions used to support schemes for environmental protection and natural [s}~]resource
management; and
(m) Other types of building or structure are also can use Commune/Sangkat fund [s}~ktevelopment
component.
98. A Local infrastructure project is a project, which creates a durable physical asset that is fixed in one
place and can be used by all the people in the local area. The "local area" can mean the whole commune (for
example, a road project), or a part of one village (for example, a well) but it cannot mean just one house. The
parts of the infrastructure that are used by just one house (for example, the wire connecting one house to the
electricity system) should be paid for by the house owner.
99. Section 2.9 of the C/SF PIM provides guidelines for preparing land study reports consisting of a
voluntary land contribution report and/or a land acquisition report if land and/or assets, used or owned by
someone, are affected by the local infrastructure development.
6. IMPLEMENTATION AND MONITORING ARRANGEMENTS
6.1. Institutional and Implementation Arrangement
l 00. Ministry oflnterior (MOI), in particular NCDDS, which hosts the PCO, has experience in safeguards
implementation. However, the MOT staff need further support in the procedures for monitoring and recording
environmental and social safeguards activities. Staff of other implementing agencies also need continued
support, specifically during the first year of the implementation.
101. Steering Committee (PSC). The project would be supervised by a Steering Committee chaired by a
Secretary of State in the Ministry oflnterior (Mol). This committee would provide the strategic direction and
guidance in the management and operations of the project, and would include members from relevant
government institutions involved in rural and urban development programs. Other institutions and individuals
from academia, NGOs and the private sector would also be invited to provide advice to the committee. PSC
will ensure that safeguard activities under the LEAP will be carried out in compliance with the provisions set
forth in this RPF.
102. Project Coordination Office (PCO) will provide overall management and operation of the project
would be led by the PCO under the General Secretariat of the MoI. The PCO would be headed by a Project
Manager and composed of a team of specialists responsible for project operations, procurement, financial
management, social and environmental safeguards, and M&E activities.
103. General Department of Resettlement (GDR) ofMEF: RPF is required reviewing and approval by
MEF prior to submitting to the World Bank for no objection. If there are resettlement impacts caused by the
sub-projects, not through CS fund, and ARAP/RAP is required, MoI will request the GDR to deal with
resettlement impacts. The MEF, through designated Inter-ministerial Resettlement Committee (IRC) and its
Working Group (WG), will work closely with Provincial Resettlement Sub-Committee (PRSC) for
coordinating resettlement issues where the sub-project is located and have resettlement impact. In this case,
an ad-hoc Provincial Resettlement Sub-Committee Working Group (PRSC-WG) will be established as
secretariat to PRSC. In this case, MOI through its PSC will cooperate and assist GDR to prepare the
ARAP/RAP and submit to MEF for review and approval prior to submitting to the World Bank for no-
objection. GDR will take leading role in ARAP/RAP implementation.
104. Commune/Sangkat Council is in charge of implementing sub-projects that are funded through CS
fund and will comply with guidelines and forms as per CSF PIM.
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6.2. Monitoring and Disclosure
105. Implementation of the RPF will be regularly supervised and monitored by the respective SMTs (Siem
Reap and Phnom Penh) responsible for implementation of the investment activities that involve land
acquisition. The findings and recommendations will be recorded in the project file for possible review by the
Bank's mission to be conducted twice a year. The SMTs will supervise and monitor the process at least one
time per year and include the results in the Project annual reports and to be furnished to the World Bank. The
SMT staff in_ close consultation with loc!il governments and PAPs will establish a set of practic;il monitoring
indicators. Consultant to be hired by MOI will conduct spot check at least twice a year as internal monitoring
of the project.
106. In case ARAP/RAP is prepared and implemented monitoring will be required (both internal and
external monitoring depending on the severity of the impact) in order to ensure transparency and full
compliance.
6.2.l . Internal Monitoring
107. The GDR will conduct internal monitoring on resettlement implementation. The monitoring will
include progress reports, status of the RAP implementation, information on location and numbers of people
affected, compensation amounts paid by item, and assistance provided to P AHs. The report of monitoring
results will be prepared by GDR and provided to PSC for onward transmission to Moland the World Bank
on a quarterly basis. The following indicators will be monitored to ensure:
(i) Compensation and entitlements are computed at rates and procedures as provided in the approved
RAP;
(ii) PAHs are paid as per agreed policy provided in the RAP by the Project authorities;
(iii) Public information, public consultation and grievance redress procedures are followed as described in
the approved RP;
(iv) Public facilities and infrastructure affected by the Project are restored; and
(v) The transition between resettlement and civil works is smooth.
(vi) See Annex lD for Internal Monitoring Indicators.
6.2.2. External Monitoring
l 08. The external monitor has the specific responsibility of studying and reporting on RAP
implementation and on social and economic situations of PAH particularly relocated PAPs or disrupted by
the construction works, including all households whose houses or shops and stalls are relocated. The
external monitor also has the responsibility of reviewing potentials for job opportunities for PAH,
including women and youth, which would be assisted by provincial authorities.
109. The need for an external monitor will be agreed with the IRC-GDR based on the severity of the
project impacts. It is not envisaged that external monitoring will be required for the Project. However, in the
case IRC agrees that this will be required, the GDR will hire an External Monitoring Agency (EMA) to carry
out external monitoring and post evaluation. The TOR for the engagement of the EMA will be prepared
before procurement process. The external monitoring reports will be submitted to IRC on quarterly basis,
and then IRC will forward to Moland to the World Bank. The post evaluation will be conducted within six-
months after all resettlement activities are completed. See Annex l E for External Monitoring Indicators.
110. The Project will make all the resettlement progress reports available to the public access in local
language by posting them in the Project website to be established at SMT offices and in project areas.
7. PUBLIC CONSULTATION AND INFORMATION DISCLOSURE
7.1. World Bank Policies for Public Consultation and Information Disclosure
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111. Public Consultation and lnformation Disclosure (The World Bank policy on access to information)
defines the Bank' s requirements for giving the public access to project information and documentation. It
requires that during the planning and preparatory process, project beneficiaries and affected groups and local
NGOs shall be consulted and the environment and social aspects of the project should be presented. The
consultation should be an on-going process throughout the design and implementation of investments and must
be compliant with all other applicable safeguard policies. The policy also requires that any relevant material
such as the environmental assessment study, social assessments, resettlement action plan, etc. should be made
accessible, in a timely manner and in a form language understandable to the groups being consulted.
7.2. Public Participation and Consultation in LEAP
112. Sub-projects to be funded through CS fund will follow the guidelines of the CSF PIM. In cases where
the C/S Fund procedures are not being used, the below participation and consultation approach will be used.
113. Participation is a process through which stakeholders influence and share control over development
initiatives and the decisions and resources which affect them. The decision to participate is the start of the
whole participatory process in the project cycle. The Bank's OP/BP4.12 and the Government Law on
Expropriation and IRC's practical resettlement implementation procedure provide clear guidance and direction
to project proponents in both the public and private sectors, on the need for public consultation and
participation and underscore the importance of getting PAPs informed about the project and, more importantly,
getting their actual and active involvement in the planning and implementation.
114. Participation is an active and continuous process of interaction among the key stakeholders, including
the communities directly affected (whether positively or adversely), national agencies and line ministries, the
project consultants, civil society and international donor agencies. Participation as a generic term usually
encompasses two distinct dimensions: information exchange (i.e., dissemination and consultation) and varying
forms ofjoint decision-making (i.e., collaboration or participation):
115. In the context of LEAP, extensive stakeholder consultations were carried out during the pilot project,
project identification and project preparation. Thus, RPF has been developed based on outcomes of those
consultations. See Annex l C for Framework for Community Consultation and Participation Process.
116. During implementation, PAP and communities will participate throughout the development and
implementation process of involuntary land acquisition and voluntary land donation process. In case of
involuntary resettlement PAP and PAH will be consulted by IRC-WG with cooperation from PRSC-WG using
free, prior, and informed consultation approach. A following generic information will be informed to PAP
during the consultative meeting:
(a) Project objective, scope, potential benefits and impacts;
(b) Objectives of WB-OP/BP4.12 and relevant government law and regulation, particularly Law on
Expropriation;
(c) Process and schedule of resettlement implementation process
(d) Resettlement and compensation policy, eligibility and entitlements;
(e) Relocation and rehabilitation assistance
(f) Public information, public consultation and grievance redress procedures are followed as described in
the approved RAP
117. PAPs are involved in public consultation meetings in various stages of the process. Their resettlement
impacts and concern are properly recorded during data collection process (DMS, BSS and public consultation
and focus group discussion). All these issues and concerns are well incorporated into ARAP/RAP for
compensation and rehabilitation assistance. Vulnerable, female and any special interest groups will be
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P153591 LEAP - Resettlemet Policy Framework, December 22, 2016
consulted separately using focus group discussion method. The following is a series of consultative meeting
practically conducted by the IRC-WG.
(a) First consultative meeting will be conducted with PRSC and PRSC-WG at provincial hall as the kick-
off meeting. The purpose of the meeting is to brief members of PRSC and its WG the project objective,
resettlement implementation process and schedule, their role and responsibility and their allowances,
and requesting their active participation.
(b) Second consultative meeting will be conducted with local communitY and PAP at school or pagoda or
commune hall at the project area. The purpose of this meeting is to inform community and PAP about
the project, its benefit and potential impact, resettlement and compensation policy and entitlements,
resettlement implementation process, eligibility and cut-off-date, and schedule for DMS and BSS.
PAP's head is requested to present at the affected house or asset for verification of impact and sign of
DMS form. Notification of Cut-off-Date will be publicly posted at commune council or any place
easily access to.
(c) Third consultative meeting will be conducted prior to contract signing. The purpose of this meeting is
to inform them about the schedule for conducting contract sign (possibly village by village) and
necessary legal document to present to the IRC-WG and possible schedule for compensation payment.
Both PAP's head and spouse are requested to present at home during contract sign. They both must
sign on the contract form.
(d) Fourth public consultative meeting will be conducted prior to compensation payment. The purpose of
the meeting is to inform PAP about the schedule of compensation payment (village by village), venue
for payment, and legal document to bring along as proof.
118. Local authority, head of village and commune chief are members of PRSC-WG and they are presented
during public consultative meetings and have important role in identifying PAPs and certify on the DMS form.
Representatives of PAPs are members of (i) community/village committee and (ii) grievance redress
committee under the LEAP.
7.3. Disclosure
119. RPF and other safeguard documents will be uploaded into the World Bank InfoShop website (date to
be confirmed) and later will be uploaded into project website, once it is developed (both in Khmer and English
version). The ARAP/RAP, if prepared, will be translated into local language (Khtner) and upload into project
website and send a copy to keep in each commune council, or village committee where is convenience to PAP
and the community, where there is involuntary resettlement. Information that impinges on right to privacy, like
the composition of a household, compensation amount of PAH, etc, will not be subject to public disclosure.
8. TRANSPARENCY AND GRIEVANCE MECHANISM
120. The World Bank's resettlement policy requires an investment project to establish mechanism for
grievance resolution in order to ensure PAPs' satisfaction with implementation of resettlement related
activities, and provide the PAPs with a legal platform for on the ground monitoring and reporting on the
implementation of resettlement related activities. Specifically, the purpose of the grievance mechanism is to
allow P APs and persons who believe they are affected persons to seek satisfactory resolution to grievances
they may have in relation possible land acquisition or other project interventions. The key principles of the
grievance mechanism are to ensure that:
(a) The basic rights and interests of PAPs are protected
(b) The concerns of PAPs arising from the project implementation process are adequately addressed; and
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P153591 LEAP- Resettlemet Policy Framework, December 22, 2016
(c) Entitlements or livelihood support for PAPs are provided on time and accordance with the above stated
government and World Bank's safeguard policies.
(d) PAPs are aware of their rights to access and shall have access to grievance procedure free of charge
for the above purposes.
(e) The grievance procedure will be part of the overall Commune/Sangkat's Planning Committee, Chief
and Council mechanism and form an important part of the conflict resolution mechanism that is
community-based, involving representatives of vulnerable groups, and therefore, collectively
managed.
121. At the beginning of the project implementation, the grievance redress committees will be established
at commune, districts, and provincial levels built on the existing structures consisting of concerned
departments, CSOs, community organizations, women and ethnic representatives, if exist. At the village the
existing grievance mechanisms that are chaired by elder and/or spiritual/tribal leaders, which are largely
acceptable to local communities and will be strengthened as the first tier conflict resolution mechanisms of the
Commune/Sangkat Council. This arrangement helps ensure that a system is in place to help resolve any
grievances to or complaints that may occur after project intervention. The grievance mechanism will be applied
to persons or groups that are directly or indirectly affected by a project, as well as those that may have interests
in a project and/or have the ability to influence its outcome either positively or negatively. The project will
provide training and support to strengthen these existing structures for effectively and collectively dealing with
possible grievances that may be raised by PAPs during the course and after the implementation of resettlement
related activities.
122. For implementing this RPF, if complaints exist, it is recommended to use the grievance procedure
stated in Sub-section 2.9 of the CSF PIM, or as described below.
123. Any land user who feels that he/she has not been treated fairly or given enough compensation for the
loss of his/her land or asset, may complain verbally or in writing to the C/S chief. If this does not solve the
problem, the land user may complain to the District Facilitator responsible for the Commune/Sangkat. If this
does not solve the problem, the land user may complain in writing to the provincial/municipal governor who
will consult the GDR for possible resolution. If this does not solve the problem, the land user may complain in
writing to the National Committee for the Management of Decentralization and Deconcentration (NCDD)
Secretariat which is located in the General Department of Local Administration of the Ministry of Interior in
Phnom Penh. The Secretariat of NCDD will facilitate and solve the problem with the assistance of GDR, if
required.
124. At any level, the land user has the right to receive a written reply to his/her complaint within 15 days
after making a complaint. The land user does not have to pay any charge of any kind in order to make a
complaint under this grievance procedure.
9. BUDGET AND COSTS
125. Budget for implementing resettlement related activities will be estimated at the time of the preparation
oftbe ARAPIRAP by GDR for each subproject. The GDR will seek the approval of the MEF for the budget.
Since the ARAP/RAP are yet to be prepared, the budget estimates are not available.
126. In case of ARAP/RAP preparation is required, each ARAP/RAP will include the detailed cost of
compensation and other rehabilitation entitlements as part of the process to compensate PAPs. Arrangements
will be made for PAPs property and assets segregated on the basis of agricultural land, residential land, business
land, houses, business assets and other holdings. The detailed budgetary estimates will make adequate
provision for contingencies and the RAP will explicitly establish sources for all funds required. The RAP will
ensure that fund flows are compatible with the timetable for payment of compensation and provision of all
other assistance.
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P153591 LEAP- Resettlemet Polley Framework, December 22, 2016
127. The budget will cover land acquisition, relocation site development, compensation costs, allowances
and administration costs, and contingency. Resettlement costs will be part of the Government's counterpart
fund, not the project. The RGC will ensure timely provision of counterpart funds for resettlement to meet any
unforeseen obligations in excess of the resettlement budget estimates in order to satisfy resettlement
requirements and objective. GDR will be responsible for preparing ARAP/RAP and resettlement budget and
seek approval of MEF.
128. Costs to cover social safeguard screening and assessment on the eligibility of each candidate sub-
project will be part of the Project budgets. ·
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ANNEXl: TECHNICAL GUIDELINE
lA. Gender Action Planning Matrix
Project Objectives Activitiesffasks Responsible Indicators Means of Verification
Component Entity
Project Identify gender- specific Fonnulate gender baseline SMTl (for Gender indicators Survey Instrument
Preparation issues and needs to be information to be included in Component I) incorporated in the
Feasibility Study/
taken into account in the survey and SMT2 (for survey instrument
ARAP
design of investments and Component 2),
Conduct a survey with Number of focus group Documented feedback
livelihood interventions with participation
gender indicators discussions (FGDs) held
of Women from women
Involve women in beneficiaries and
Conduct focus group Community Number of women and
identifying these needs participants ofFGDs
discussions with women to Groups (WCGs) women heads of
and issues
identify gender- specific household who
List of women
Develop gender- specific issues and concerns for input participated in FGDs volunteers and or list of
indicators for women into community planning organizations
Set of gender- specific
participation and process and design of indicators incorporated
empowerment to be used development interventions
in project monitoring
for project monitoring and
Select and train women who and evaluation tool
evaluation
will serve as project
Number of community
monitors and motivators
women volunteers
Develop gender indicators willing to serve as
for project monitoring and project monitors
evaluation.
Project Ensure that community Give GAD briefings and SMTl (for Investment designs with Investment designs
Design development plans and orientation to women Component l) gender-sensitive and
Livelihood program
investment designs take members of community and SMT2 (for vulnerable groups
plans
into account women's associations Component 2) features
needs for safety, security, Community/
Prepare the GAD component Livelihood programs
mobility and child care Village Groups
of the project to include specifically targeting
Access to potable water, capacity building in women heads of
safe and well, waste understanding the basic households
disposal facilities with areas where they can
child and senior citizen participate during detailed
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friendly investment planning activities of
designs building designs preparation
Project Ensure women' s access to Information and Education SMTl (for IEC materials Pl'.ogress Reports
Implementat project benefits Campaign (IEC) directed at Component 1) distributed. Material to
Documented Feedback
ion on women community members and SMT2 (for be included is as
Ensure that tenure from women
to inform them of project Component 2) follows, checklist of
instruments and contracts beneficiaries
benefits and value of eligible investments.
give women equal Women
a. Basic participation Access to micro-
decision-making and motivators
Services financing for the women
asset- ownership Rights
to have a start - up
Regular consultation with livelihood activities.
women' s group during
Number of women
construction for design
adjustments and participating in
community act ion
monitoring of construction
planning
activities. Women to
project their interest by
making it sure that
whatever have been agreed
upon in the design stage is
faithfully adhered to
during the construction or
implementation stage.
b. Ensure women's access to Information and Education SMTl (for Number of women IEC materials produced
Livelihood project services and Campaign Component 1) receiving IEC materials and used as an
Intervention benefits Skills trainings to women and SMT2 (for Number of trainings information, education
heads of households Component 2) conducted and communication
Increase the income- Contracted tools.
earning capacity of women Trainings on savings and NGOs, MFis Number of participants
beneficiaries, especially financial management in trainings Progress Reports
women household heads Organize collective Evaluation forms filled
enterprises and self-help Number of enterprises, out by trainees
groups managed by women cooperatives, savings
Organize community based groups, mutual aid Existence of functional
women collection arm for groups formed by livelihood support
the livelihood. women groups (cooperatives,
mutual-aid groups and
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PJ.53591. LEAP - Resettlemet Policy Framework, December 22, 201.6
Number of women enterprises)
members of these groups
Reports of NGOs,
Number of microfinance MFIs
loans extended by MFis
to women headed Feedback from women
households beneficiaries of
livelihood loans
Number of skills job
referrals and successful Reports of external
marketing referrals monitoring team for the
project
c. Capacity Develop the capacities of Trainings on leadership, SMTl (for Number of trainings Progress reports
Building women in project and organizational management, Component 1) conducted
Evaluation forms filled
and community management financial management, and SMT2 (for
Training manuals out by participants of
Institutional and project monitoring investment management, Component 2)
trainings conducted
Developmen monitoring and evaluation Leaders/Officer s Number of participants
Ensure women
t of women's in trainings Minutes of
participation in project Formation of women's
groups and organizational meetings
management, livelihood organizations Number of women's
programs and project committees groups and committees List of beneficiaries
Organizational meetings and the income
monitoring formed
comparison before the
assistance and the
current income level
after the assistance.
d. Involve women in project Monitoring and evaluation SMTl (for Monitoring and · Monitoring and
Monitoring monitoring and evaluation workshops with the Component l) Evaluation tools Evaluation Reports
and community and SMT2 (for
Assess the project's Number of monitoring Report card per project
Evaluation Component 2)
impact on the welfare of Data collection and review workshops beneficiary and their
women through the use of External
of reports and pertinent progress in terms of
Monitoring Number of monitoring
gender-specific indicators documents income and or
Agency (EMA) and evaluation reports
rehabilitation status
after the project
assistance.
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IB. Survey Requirements for ARAP/RAP Preparation
The census and detailed measurement survey (DMS) of lost assets will collect data on the
affected assets from 100% of PAPs following detailed engineering design. The data collected
during the DMS will constitute the formal basis for determining PAP entitlements and levels of
compensation. For each PAP, the scope of the data will include:
• Total and affected areas of land, by type of land assets;
• . Total and affected areas of structures, by type of structure (main or secondary);
• Legal status ofaffected land and structure assets, and duration of tenure and ownership;
Quantity and types of affected crops and trees;
• Quantity of other losses, e.g., business or other income, jobs or other productive assets;
estimated daily net income from informal shops;
• Quantity/area of affected common property, community or public assets, by type;
• Summary data on PAP households, by ethnicity, gender of head of household, household
size, primary and secondary source of household income vis-a-vis poverty line, income
level, whether household is headed by women, elderly, disabled, poor or ethnic groups;
• Identify whether affected land or source of income is primary source of income; and PAP
knowledge of the investment and preferences for compensation and, as required, relocation
sites for businesses and rehabilitation measures.
At a minimum, the socioeconomic survey (SES) will collect information from a sample of l 0%
of affected people and 20% of severely affected PAPs, disaggregated by gender and ethnicity.
The purpose of the socioeconomic survey is to provide baseline data on PAPs to assess
resettlement impacts, and to be sure proposed entitlements are appropriate, and to be used for
resettlement monitoring. The scope of data to be collected includes:
A. Household head: name, sex, age, livelihood or occupation, income, education and ethnicity;
B. Household members: number, livelihood or occupation, school age children and school
attendance, and literacy, disaggregated by gender;
C. Living conditions: access to water, sanitation and energy for cooking and lighting;
ownership of durable goods; and
D. Access to basic services and facilities.
The replacement costs of affected assets will be assessed in parallel with DMS and SES activities
by collecting information from both secondary sources and primary sources (direct interviews
with people in the affected area, material suppliers, house contractors), and from both those
affected and those not affected. The government rates will be adjusted, as necessary, based on the
findings. Compensation rates will be continuously updated to ensure that PAPs receive
compensation at replacement cost at the time of compensation payment.
IC. Framework for Community Consultation and Participation Process
Stages Subject of Role of Target Reasons for Community
Consultation Communities and Participation
Affected
Persons/Households
Preparation Sta2e
Consultation and Understanding the Participate in community Ensure that target
focused- group investment consultation. beneficiaries and PAPs
discuss- fully understand the
ions/meetings Create committees with at proposed investment and
least 25-50 percent of the its benefits.
members is composed of
women. Promote an informed and
collective-decision
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P153591 LEAP- Resettlemet Policy Framework, December 22, 2016
making.
Gather issues and
concerns ofthe
community that can be
incorporated in the
proposed investment.
Planning for Design and planning Approve the design and This measure will lessen
investment/s investments proposed by the conflicts and send the
beneficiaries and PAPs. message to target
beneficiaries and PAPs
that they are involve and
came from their collective
decisions.
Formulating Compensation and Approve the compensation This also promotes an
compensation and entitlement package for and entitlement package of informed and collective
entitlement package. PAPs. the PAPs. decision-making among
beneficiaries and PAPs.
Consultation on Contents of proposed Review and concur the Such consultation delivers
proposed investment/s. contents of proposed the message of
investment/s before investment/s. transparency seeing to it
submission. that their comments
/suggestions are
incorporated in the
proposed investrnent/s.
Implementation
Sta2e
Consultation on the Phasing of investment Orderly dismantling and Ensure that the impacts of
implementation of implementation and reconstruction of affected disruption are lessened.
investment/s and transfer to agreed structures, if any
provision for and area(s) for PAPs. It will also enable the
acquisition Inform PAPs for the implementing agency to
Agreement on scheduling of transfer determine the budgets for
implementation food and transport of
schedule PAPs/ household
Participation in plot
marking in the presence of
designated staff/facilitator
will avoid
misunderstanding among
PAPs and beneficiaries.
Consultation with Boundaries on plot Mark the affected lot Enable the implementing
PAPs concerning allocation, road access boundaries as determined agency to estimate budgets
affected land and/or and provision for social by land surveyors for entitlements like
structures, services, i.e., water consistent with the allowances for foods,
transportation and soecial
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P153591 LEAP- Resettlemet Polley Framework, December 22, 2016
livelihood, etc. sewerage, drainage. assigned area and plans. assistance.
Engagement in Livelihoods for target- Provide information on the Women are known to have
livelihood under- community actual negative and skills in livelihood
takings. beneficiaries and that of positive impact to PAPs management which could
those of the PAPs. enhance family income.
Involvement of women in
livelihood development.
Employment of Additional assistance to Beneficiaries or any of Employment with the
beneficiaries in the beneficiaries and PAPs. their household members project will also provide
investment will be employed as additional or enhance their
laborer during the income.
construction of an
investment/s.
Grievance and Grievance and redress Provide background of the Ensure that problems are
redress. mechanism. issues. address within reasonable
time.
The officers will serve as
the GRC, and they will
also assist agency in
implementing the policies
in each community as part
of the management of the
investment.
Monitoring and Implementation of Provide inputs and status The information from
Evaluation investment/s for implementation on PAPs and beneficiaries
investments. will assist the SMTs to
assess the level of
compliance in every stage
of investment
implementation.
This will give lessons
learnt in shaping up future
policies on resettlement
for the project.
ID. Internal Monitoring Indicators
Types of Basics for Indicators Sources of
Monitorin2 Information
Budget and • Have the personnel of SMTs and counterpart staff from district and SMTs and
Timeframe village authority been organized, deputized and provided their office District
as scheduled? authority
• Have capacity building and training of staff of SMTs; District and
Village government been conducted on time?
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P1.53591. LEAP - Resettlemet Polley Framework, December 22, 201.6
• Have the district authority provided adequate budgetary support for
compensation of PAPs and beneficiaries?
• Have the district authority released and disbursed the equity funding
for implementing the project on time?
• Has the social preparation phase been undertaken according to
schedule?
• Have the proposed investment/s been agreed with beneficiaries and
PAPs and concurred bv the resnective district and village authorities?
Deliveries of • Have all the beneficiaries and PAPs received their resi:>ective SMTs and
investments investment's and compensation and entitlements according to their District
and numbers? authority
entitlements • Have the PAPs received their payments on time? Beneficiary-
• Have special assistance been provided to vulnerable PAPs? communities
• Have all PAPs received the agreed transportation and food
allowances?
• Have all PAPs that lost their livelihoods or small business received
their compensation?
• Have all the beneficiaries entitled been implementing investments?
• Have the women been trained according to their desired livelihood?
• Was the number of women trained on desired livelihood the same as
that of the actual number engaged in micro enterprises?
• Are the beneficiaries engaged in micro enterprises assisted by micro
financing institutions?
• Were the actual amounts of investment costs and compensation been
disclosed to beneficiaries and PAPs?
Consultation, • Were IEC campaign materials prepared and distributed to Beneficiaries/Di
Grievance stakeholders during investment disclosures? strict
and Special • Have consultations, focus group discussions and/or public meetings authority/SMTs
Issues been undertaken as scheduled?
• Were the beneficiaries and PAPs took active participation in
planning and implementation according to what were prescribed in
the project?
• Have any beneficiaries and/or PAPs used the grievance and redress
procedures? What were the outcomes?
• How many have filed their grievances? What were the outcomes?
• Was social preparation for the PAPs taken place?
Benefit • Where there changes occurred in patterns of occupation of the Beneficiaries
Monitoring beneficiaries compared to their pre-project situation?
• What changes have occurred in income and expenditures patterns
compared to pre-project situation? What have been the changes in
cost of living compared to pre-project situation? Have the incomes of
housing beneficiaries kept pace with these changes?
• What changes have taken olace in the lifestyle of beneficiaries?
lE. External Monitoring Indicators
Types of Indicators Information required in Monitoring and Evaluation
Indicators
Staffing • Number of SMTs and district staff assigned for project implementation;
"'c
~s
• Number of Social Development and Resettlement Specialist assigned by
Col~
CMUs.
e·-
'i Consultation, • Number of consultations and participation programs held with PAPs and
Q,;
... Participation,
and •
various stakeholders;
Types of IEC campaign materials distributed to target-beneficiaries and
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Grievances PAPs;
Resolution • Number and types of grievances received from beneficiaries and PAPs and
the number of days consumed in resolving them by concerned GRCs;
• Number and names of representatives who participated in the consultations
and in the implementation of the investment project
Operational • Types of forms used in recording the activities undertaken in the project
Procedures implementation;
• Efficiency of coordination with CMUs, district authority;_PAPs and other
institutions/stakeholders;
• Type of database being maintained;
• Efficiency of SMTs and district government staff;
• Efficiency of compensation payment system;
• Adequacy of logistical support for implementing the investment project;
• Asses if the project policies in ARAPs have adequately been complied
with.
Issues and Indicate the issues and problems encountered in staffing, during consultations
Problems and grievances resolution, and in the execution of operational procedures.
Encountered
Compensation • Number of PAPs awarded with housing units, if any;
and • Indicate if the type of compensation delivery is either one time or
Entitlement installment;
• Indicate the number of PAPs engaged in micro business who were
compensated for their loss of business incomes;
• Indicate if the number of PAPs provided with transportation assistance;
• Indicate if food assistance were given to PAPs who transferred to staging
area or to other destinations;
• Indicate if the PAPs were given allowance/assistance for the dismantling
and reconstruction of their housing units in as well as for the dismantling of
their structures upon transfer.
Social • Indicate the number of women that attended the livelihood trainings;
Rehabilitation • Indicate the number of PAPs, especially women, who have set up their
micro enterprises after the training on livelihood development;
• Indicate if the PAPs have adeauate access on safe drinking water.
Issues and Indicate the issues and problems encountered in the implementation of
Problems investment/s, payment of compensation and entitlement and social
Encountered rehabilitation of PAPs.
Household • Present income as compared to income from pre-project level;
Earning • Employment of housing beneficiary members in investment cons.truction;
r.! Capacity • Change in income of micro entrepreneurs.
s
...
OI
u
Health and • Problems/issues on waste management disposal;
""
.s Environment • Improved access to safe drinking water;
~ Improvement on health conditions of women and children.
OS
Changes in • More women participating in microenterprises;
-
c:i..
e Socio- • Accesstonewtechnologybroughtaboutbyhavingelectricityconnections;
cultural
Pattern
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P153591 LEAP - Resettlemet Policy Framework, December 22, 2016
ANNEX2: SAFEGUARD SCREENING CHECKLIST FORM
(see a completed example in the CSF PIM)
Province/Municioalitv IDistrict/Khan I Commune/Sanakat
Name of Project:
Does the project need environmental analysis (EA)? Yes [ I No [ I
If NO, reason why? ..........................................................................................................
Does the project potentially affect any known physical, cultural, and religious resources?
If yes, immediately report to the World Bank Group and the re levant Government departments...............................
In case of potential damage to chance finds, stop work in the area immediately and proceed in line wi~h the relevant national
laws and WB OP 4.11. ........................................................................................................................................
Does the project need report on Environmental Safeguard Measures in connection?
Ives[) No [ I
If NO, reason why? ..........................................................................................................
·········································································································································
Date....................... C/SChief Date: ............................ The official conducted the screening
Date.......................Technica!Assistant
Source: Adapted from the commune/sangkat PIM 2009.
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ANNEX3: SUMMARY INFORMATION MATRIX ON AFFECTED LAND AND INFRASTRUCTURE
Province: District: Village/Commune: - - - - - - - - - - -
HHNo. Name of No. of Total Land to Loss Loss of Assets Loss of Crops Loss of Other Loses
Hadof Persons in LaDdholdi.Dc be as o/• other
Housdlold Housebold of acquired of Assets
HoUKhold (ml) Total Busi.Dess Income
Structures Structures Area of Fruit Area of Other Example: Residence
(ml) (rented) Lost Lost
Permanent Temporary Residential Trees Trees/Crops (Specify) graveyards.
(m2) (ml) Land Lost Lost Lost (m2) wells, etc.
(ml) (Type (type and
and nlUllber)
Number)
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P1.53591. LEAP- Resettlemet Polley Framework, December 22, 201.6
ANNEX 4: FORMATS OF RESETTLEMENT ACTION PLAN
A. Abbreviated Resettlement Action Plan (ARAP)
Introduction
(a) Project description in brief: refer to the RAF that covers the project and provides the policies and
principles for the ARAP;
(b) Brief description of the subproject development objectives and intended beneficiaries; and
(c) Describe the activities that will give rise to impacts that require "resettlement" (i.e., anything that
causes loss of land, assets or elements of PAP livelihood - not only physical r.elocation, but also,
loss of trees, temporary relocation of roadside stall (kiosk), and comprised access.
Census of PAP and Inventory of Assets
(a) Brief description of how the data was gathered (e.g., household survey);
(b) Table of PAP and PAH, contact details, affected livelihoods, assets, value of affected
dwelling/structures/assets; and
(c) Brief comment about any significant differences, sources of vulnerability of PAP and different
populations (ethnic peoples and vulnerable groups - women and female/male youth and children,
the elderly and disabled, landless, and poor, etc.), or state that they are representative of the general
socio-economic profile of the country.
Compensation to be provided
(a) Forms of compensation to be provided (e.g., cash or in-kind);
(b) Description of the conditions for voluntary donation (if applicable), including:
o Free, prior and informed consultation (FPIC) made of the PAP own volition and is un-
coerced with the decision making ability to withhold consent;
o No severe impacts on living standards; no physical relocation and not more than I 0 percent
of PAP total livelihood assets to be affected;
o Availability of complaints and compensation procedure; and
o Documentation and independent verification of the donation of land or assets.
Consultation with Affected Persons
(a) Brief description of the general public disclosure communications to announce the project and invite
comment;
(b) Subsequent consultations with known or self-identified PAP;
o Alternatives discussed with PAP and the community; and
o Dissemination of information about the cut-off date for registering as PAP; availability of
a complaints/grievance mechanism
(c) Arrangements for formal disclosure of resettlement instrument; availability for public disclosure,
review and comment, and posted on Mol and the World Bank websites.
Institutional Responsibilities for Delivery of Compensation
(a) Responsible agencies;
(b) Method of notification to PAP;
(c) Timing of settlement (before the incidence of the loss to be compensated);
( d) Method of verification, disclosure and witnessing of the settlement (i.e., annex form for recording
and witnessing handover of entitlement); and
( e) Process for handling complaints or grievances, and appeals.
Implementation Reporting and Monitoring
(a) Institutional responsibilities for reporting and monitoring of the ARAP;
(b) Independent participation in monitoring (e.g., CSOs, research institutes, etc.); and
(c) Summary report on consultation with the wider community (append attendance register to
document).
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Pl53591 LEAP- Resettlemet Policy Framework, December 22, 2016
Timetable and Budget
(a) Time and task matrix;
(b) Source and flow of funds;
o Consultation costs;
o Personnel costs;
o Office overhead expenses;
o Compensation funds; and
o Monitoring and reporting costs.
B. Resettlement Action Plan (RAP)
Introduction
(a) General description of project in relation to policies and principles which inform the RAP;
(b) Describe sub-project development objectives and intended beneficiaries briefly; and
(c) Describe the activities that will give rise to impacts that require "resettlement" and comprised
access.
Scope of Land Acquisition and Resettlement Impacts
(a) Level of detail varies with the magnitude and complexity of the resettlement;
(b) Collect up-to-date and reliable information, including:
o The proposed resettlement and its impacts on the displaced persons and other adversely
affected groups; and
o Legal issues involved in resettlement.
(c) Any issue described below which is not relevant to sub-project circumstances, should be explained.
Description of the Sub-project
(a) Short detailed narrative on subproject initiatives and/or activities; and
(b) Identification of the subproject area and footprint.
Potential Impacts Identified
(a) Project component or activities that give rise to resettlement;
(b) Zone of impact and region of influence (ROI) of subproject initiatives and/or activities;
(c) Alternatives considered to prevent (avoid) or minimize resettlement; and
(d) Mechanisms established to minimize resettlement, to the extent possible, during project
implementation.
Main Objectives of the Resettlement Program
(a) Sets out the purpose and objectives.
Socioeconomic Studies
(a) Conducted in early stages of subproject preparation and with the involvement of potentially
displaced people, including:
o The results of a census survey covering:
• Current occupants of the affected area to establish a basis for the design of the
resettlement program and to exclude subsequent inflows of people from eligibility
for compensation and resettlement assistance;
• Standard characteristics of displaced households, including a description of
production systems, labor, and household organization; and baseline information
on livelihoods (i.e., production levels and income derived from both formal and
informal economic activities) and standards of living including health status and
well-being of the PAP and PAH;
• The magnitude of the expected loss of assets (i.e., total or partial) and the extent of
displacement, physical or economic;
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P153591 LEAP- Resettlemet Policy Framework, December 22, 2016
• Information on vulnerable groups or persons (OP/BP 4.12, paragraph 8) for whom
special provisions may have to be made; and
• Provisions to update information on the displaced PAP and PAH livelihoods and
standards of living at regular intervals so that the latest information is available at
the time of their displacement.
(b) Other studies describing the following:
o Land tenure and transfer systems, including an inventory of common property natural
resources from which PAP derive their livelihoods and sustenance, non-titled usufruct
systems (i.e., fishing, grazing, or use of forest areas) governed by local recognized land
allocation mechanisms, and any issues raised by different tenure systems in the sub-project
footprint;
o Patterns of social interaction in the affected communities, including social networks and
social support systems, and how they will be affected by the project;
o Public consultation and social services that will be affected; and
o Social and cultural characteristics of displaced communities, including a description of
formal and informal institutions (i.e., civil society organizations including CBOs, NPAs)
that may be relevant to the consultation strategy and to designing and implementing the
resettlement activities.
Legal Framework
(a) Findings of an analysis of the legal framework, covering:
o The scope of the power of eminent domain and the nature of compensation associated with
it in terms of both the valuation methodology and the timing of payment;
o The applicable legal and administrative procedures, including a description of the remedies
available to displaced persons (PAP and PAH) in the judicial process and the normal
timeframe for such procedures, and any available alternative dispute resolution mechanisms
that may be relevant to resettlement under the project;
o Relevant law (including customary and traditional law) governing land tenure, valuation of
assets and losses, compensation, and natural resource usage rights; customary personal law
related to displacement; and environmental laws and social welfare legislation;
o Laws and regulations relating to the agencies responsible for implementing resettlement
activities;
o Gaps, if any, between local laws covering eminent domain and resettlement and the World
Bank's Resettlement Policy (OP/BP 4.12), and the mechanisms to bridge such gaps; and
o Any legal steps necessary to ensure the effective implementation of resettlement activities
under the project, including (as appropriate) a process for recognizing claims to legal rights
to land (i.e., claims that derive from customary law and traditional usage- see OP/BP 4.12,
paragraph 15 b).
Institutional Framework
(a) Findings of an analysis of the institutional framework, covering:
o Identification of agencies responsible for resettlement activities and CSOs that may have a
role in project implementation;
o Assessment of the institutional capacity of such agencies and CSOs; and
o Any steps proposed to enhance the institutional capacity of agencies and CSOs responsible
for resettlement implementation.
Eligibility
(a) Definition of displaced persons (PAP and PAH) and criteria for determining their eligibility for
compensation and other resettlement assistance, including relevant cut-off dates.
Valuation of Land
(a) Methodology to be used in valuing losses to determine their replacement cost; and a description of
the proposed types and levels of compensation under local law and such supplementary measures
as are necessary to achieve replacement cost for lost assets.
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Resettlement Measures
(a) Description of the packages of compensation and other resettlement measures that will assist each
category of eligible displaced persons (PAP and PAH) to achieve the objectives of the policy (see
OP/BP 4.12, paragraph 6). In addition to being technically and economically feasible, the
resettlement packages should be compatible with the cultural preferences of the displaced persons,
and prepared in consultation with them.
Site Selection, Site Preparation, and Relocation
(a) Alternative relocation sites considered and explanation of those selected, covering:
o Institutional and technical arrangements for identifying and preparing relocation sites,
whether urban or rural, for which a combination of productive potential, locational
advantages, and other factors is at least comparable to the advantages of the old sites, with
an estimate of the time needed to acquire and transfer land and ancillary resources;
o Any measures necessary to prevent land speculation and influx of ineligible persons at the
selected sites;
o Procedures for physical relocation under the project; including timetables for site
preparation and transfer; and
o Legal arrangements for regularizing tenure and transferring titles to resettlers.
Housing, Infrastructure, and Social Services
(a) Plans to provide (or, to finance PAH provision of) housing, infrastructure (e.g., water supply, feeder
roads), and social services (e.g., schools, health services, etc.); plans to ensure comparable services
to host populations; any necessary site development, engineering, and architectural designs for these
facilities.
Environmental Protection and Management
(a) Description of the boundaries of the relocation area; and an assessment of the environmental impacts
of the proposed resettlement and measures to mitigate and manage these impacts (coordinated as
appropriate with the ESMP of the main investment requiring the resettlement).
Community Participation
(a) Description of the strategy for consultation with and participation of PAH and hosts in the design
and implementation of the resettlement activities;
(b) Summary of the views expressed and how these views were taken into account in preparing the
resettlement plan;
(c) Review of the resettlement alternatives presented and the choices made by displaced persons
regarding options available to them, including choices related to forms of compensation and
resettlement assistance, to relocating as individual families or as parts of pre-existing communities
or kinship groups, to sustaining existing patterns of group organization, and to retaining access to
cultural property (e.g., places of worship, pilgrimage centers, cemeteries); and
(d) Institutionalized arrangements by which displaced people (PAP) can communicate their concerns to
project authorities throughout planning and implementation, and measures to ensure that such
different populations (ethnic peoples and vulnerable groups - women and female/male youth and
children, the elderly and disabled, landless, and poor, etc.), are adequately represented.
Integration with Host Populations
(a) Consultations with host communities and local governments;
(b) Arrangements for prompt tendering of any payment due the hosts for land or other assets provided
toPAH;
( c) Arrangements for addressing any conflict that may arise between PAH and host communities; and
( d) Any measures necessary to augment services (e.g., education, water, health and productive services)
in host communities to make them at least comparable to services available to PAP (i.e., resettlers).
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Pl53591 LEAP- Resettlemet Policy Framework, December 22, 2016
Grievance Procedures
(a) Affordable and accessible procedures for third-party settlement and disputes ansmg from
resettlement; such grievance mechanisms should take into account the availability of judicial
recourse and community and traditional dispute settlement mechanisms.
Organizational Responsibilities
(a) Organizational framework for implementing resettlement, including identification of agencies
responsible for delivery of resettlement measures and provision of services;
(b) Arrangements to ensure appropriate coordination between agencies and jurisdiction(s) involved in
implementation; and
(c) Measures (including technical assistance) needed to strengthen the implementing agencies' capacity
to design and carry out resettlement activities; provisions for the transfer to local authorities or PAH
(resettlers) themselves of responsibility for managing facilities and services provided under the
project and for transferring other such responsibilities from the resettlement implementing agencies,
when appropriate.
Implementation Schedule
(a) Schedule covering all settlement activities from preparation through implementation, including
target dates for the achievement of expected benefits to PAH (resettlers) and hosts and terminating
the various forms of assistance. The schedule should indicate how the resettlement activities are
linked to the implementation of the overall project.
Costs and Budget
(a) Tables showing itemized cost estimates for all resettlement activities, including allowances for
inflation, population growth, and other contingencies; timetables for expenditures; sources of funds;
and arrangements for timely flow of funds; and funding for resettlement, if any, in areas outside the
jurisdiction of the implementing agencies.
Monitoring and Evaluation
(a) Arrangements for monitoring and evaluation activities by the implementing agency, supplemented
by independent monitors as considered appropriate by the World Bank, to ensure complete and
objective information;
(b) Performance monitoring indicators to measure inputs, outputs, and outcomes for resettlement
activities;
(c) Involvement of the displaced persons (PAP and PAH) in the monitoring process; and
(d) Evaluation of the impact of resettlement for a reasonable period after all resettlement and related
development activities have been completed using results of resettlement monitoring to guide
subsequent implementation.
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Pl5359l LEAP- Resettlemet Polley Framework, December 22, 2016
ANNEXS: COMMUNITY CONSULTATIO NS DOCUMENTATION
Below is a summary of each of the community consultation meetings conducted in July 2016, seeking
feedback regarding overall project design and safeguard arrangements, as well as a summary of all
community consultations during the preparation of the project.
Summary of Consultations on Project Design, Project Budget and Implementation Arrangements,
and the related safeguards instruments and documentation in Anlong Samnar Commune Hall, Chi
Kraeng District, Siem Reap Province, July 22, 2016
Participants:
Anlong Samnor Team: Mr. Seng Yon - commune Chief, Mr. Kong Choeun, Mr. Sok Thoeun, Ms. Nob
Cheng Nay (see detail attendance list in Annex 11 d)
SRP Team: Mr. Chun Chamnan, Mr. Ngom Soytry
WB Team: Erik, Kate, Reaksmey, Andreas, Saroeun, Kongkea, Sarin, Narya
Topics/issues presented:
• Introduction of participants and meeting purposes.
• The WB team presented status of LEAP project design.
• Provincial team briefresults of LEAP pilot project to the meeting
• Villagers shared experiences on the success and failure of their saving and SHGs groups
that they have been established and supported by NGOs.
• Discussion and brainstorming problems and issues faced in communities
Discussion and conclusions:
• The importance of NGO involvement in the process of establishing and strengthening
saving and SHGs has been acknowledged.
• They still need NGOs or other saving or SHG experts to help in group facilitation and book
keeping.
• In rainy season flood, in dry season, water is not enough for their farming activities, since
the existing dump is not high enough (request to repair and add one more meter high)
• Road renovation is also the priority for Kampong Samnor commune.
• They need technical support on animal rearing, farming both rice and vegetable
• They also need other vocational skills to improve their sale labor.
List of People Met, Consultation Meeting, Anlong Samnar Commune, Chi Kraeng District
No. Name Position Institution
1 Mr. Seng Yon !Commune Chief, Anlong Samnar Anlong Samnar Commune Siem Reap
2 IMr. Kong Choeun I 51 Vice Chief of Commune Council Siem Reap
3 !Mr. Sok Thoeun !Commune Council Member Siem Reap
4 !Ms. Nob Cheng Nav !Commune Council Member Siem Reap
5 Mr. Khim Khloune: Commune Council Member Siem Reap
6 Mr. Korng Nov Commune Council Member Siem Reap
7 Mr. Khiev Sone: Commune Council Member Siem Reap
8 Mr. AthEng Commune Clerk Siem Reap
9 Mr. Poy Phallv Commune Assistant Siem Reap
10 Mr. Ly Langdy Village Chief, Anlong Samnar Village Siem Reap
11 Mr. Pheu Phoeun Village Chief, Sdau Village Siem Reap
12 Mr. Chay Phat Village Chief, Samrong Thom Village Siem Reap
13 Mr. Hun Chen Village Chief, Lbaeuk Villae:e Siem Reap
14 Mr. LeaoHav Villa!!e Chief, Chaek Khsach Kraom Villa!!e
15 Mr. Keov Chin!! Vice Village Chief, Chaek Khsach Kraom Village Siem Reap
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P153591 LEAP- Resettlemet Policy Framework, December 22, 2016
16 Ms. Samrith Eng Villager, Chaek Khsach Kraom Village Siem Reap
17 Mr. Tim Ry Vice Village Chief, Anlong Ruessei Village Siem Reap
18 Mr. Peng Hay Village Chief, Prek Angkor Thmei Village Siem Reap
19 Mr. Kim Khorn Vice Village Chief, Svay Ta Daok Vill<U?:e Siem Reap
20 Mr. Nhem Korn Village Chief, Ta Kuem Kraom Village Siem Reap
21 Mr. Hy Kheang Village Chief, Anlong Pring Leu Siem Reap
22 Mr. Chea Mok Vice Village Chief, Trapeang Tras Village Siem Reap
23 Mr. Keov Cheng !Vice Village Chief, Ta Kuem Leu Villru!e Siem Reap
24 Mr. Keo Nara PC, LEAP Siem Reap
25 . Mr. San Seuhan Proiect Coordinator, TCO Siem Reap
26 Mr. Ngorn Soytry M&E, Provincial HALL/LEAP Siem Reap
27 Mr. Chun Chamnan District Facilitator/LEAP Siem Reap
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P1.53591. LEAP- Resettlemet Policy Framework, December 22, 201.6
Summary of Consultation on Project Design, Project Budget and Implementation Arrangements,
and the related safeguards instruments and documentation in Sen Sok 1 Village, Sangkat
Khmuonh, Khan Sen Sok, Phnom Penh, July 27, 2016
Participants:
Sangkat Khounh Team: Mr. Mom Sam Oeun - Sangkat Officer, Ms. Em Kimsreng, Ms. Sorn
Sreyneang, Ms. Ek Reaksmey (see detail attendance list in Annex I le)
PPC Team: Mr. Nao Vath
MOl Team: Mr. Mr. Ros Phea, Mr. Heanh Bunna
WB Team: lnguna, Mudita, Erik, Kate, Saroeun, Sarin, Narya,and Kong Kea
Topics/issues presented:
• Introduction of participants and meeting purposes.
• Brief project rational and brief status of LEAP project design
• Villagers shared experiences on the success and failure of their saving that they have been
established and supported by NGOs.
• Discussion and brainstorming problems and issues faced in communities
Discussion and conclusions:
• The importance of NGO involvement in the process of establishing and strengthening
saving and SHGs has been acknowledged.
• Lack of capital to invest and enlarge their business
• No pre-school facility in community
• Lack of drinking water
• Roads in community very bad, especially in rainy season, it need to repair
• Lack of sewerage system
• They need capacity to manage saving and SHG activities
• They also need other vocational skills to improve their sale labor.
List of People Met, Consultation Meeting, Sen Sok 1 Village, Sangkat Khmuonh, Khan Sen Sok,
No. Name Position Institution
1 Mr. Mom Sam Oeun Official Sangkat Khmuonh Khan Sen Sok
2 !Ms. Em Kimsreng Vice Village Chief, Sen Sok 1 Village Khan Sen Sok
3 Ms. Sorn Srevneang Villager, Samrong Meanchey Communitv !Khan Sen Sok
4 Ms. Ek Reaksmev !Villager, Samrong Meanchev Communitv Khan Sen Sok
5 Mr. Oum Sophy !Chief of Sen Sabav Communitv Khan Sen Sok
6 Mr. Vann Lvvay !Committee of Sen Sabav Communitv Khan Sen Sok
7 Ms. Ing Ponluek Villager, Sen Sabav Community Khan Sen Sok
8 Ms. Em Sivmey Villager, Sen Sabay Community Khan Sen Sok
9 Ms. Ieng Sophear !Villager, Sen Sabay Community Khan Sen Sok
IO !Ms. Oum Synoun 50 Knang, Sen Sabay Community !Khan Sen Sok
11 !Ms. Kim Syphanvatei !Chief of Traoeang Rang Communitv !Khan Sen Sok
12 !Ms. Van Sreypov Committee of Traoeang Rang Communitv Khan Sen Sok
13 Mr. Hem Phan Chief of Sen Rik Reay Community Khan Sen Sok
14 !Mr. Sin Sarun Committee of Sen Rik Reay Community !Khan Sen Sok
15 Mr. Prak Soohorn lehief of Sen Ponleu 1 Community !Khan Sen Sok
16 IMr. Sat Seat lehief of Sen Ponleu 2 Communitv IKhan Sen Sok
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P153591 LEAP- Resettlemet Polley Framework, December 22, 2016
Summary of Consultation on Project Design, Project Budget and Implementation Arrangements,
and the related safeguards instruments and documentation in Sangkat Trapeang Krasang, Khan
Pur Sen Chey, Phnom Penh, July 27, 2016
Participants:
Sangkat Trapaing Krasang Team: Mr. Sim Phoun - Chief of Sangkat, Ms. 0 Theary, Mr. Im
Kimhong, Ms. Mr. Chan Pheara (see detail attendance list in Annex 1lf)
PPC Team: Mr. Nao Vath
MOI Team: Mr. Mr. Ros Phea, Mr. Heanh Bunna
WB Team: Inguna, Mudita, Erik, Kate, Saroeun, Sarin, Narya,and Kong Kea
Topics/issues presentetl:
• Discussion and brainstorming problems and issues faced in communities
• Introduction of participants and meeting purposes.
• Brief project rational and brief status of LEAP project design
• Discussion and brainstorming problems and issues faced in communities
Discussion and conclusions:
• Needs capital to set up, invest and enlarge their business
• Roads in community very bad, especially in rainy season, it need to repair
• Lack of sewerage system
• Garbage collection company did not collect garbage regularly
• No pre-school facility in community
• High interest rate when borrow money from private money lenders
• They need capacity to manage business
• They also need other vocational skills to improve their sale labor.
List of People Met, Consultation Meeting, Sangkat Trapeang Krasang, Khan Pur Sen Chey
No. Name Position Institution
1 Mr. Sim Phoun Chief of Sangkat Trapeang Krasang Khan Pur Sen Chey
2 Ms. 0 Theary 1st Chief of Sangkat Trapeang Krasang Khan Pur Sen Chey
3 Mr. Im Kimhong 2nd Chief of Sangkat Trapeang Krasang Khan Pur Sen Chey
4 IMr. Chan Pheara Council Member Sanl!kat Trapeang Krasang Khan Pur Sen Chey
5 Mr. Rim Yet Council Member Sangkat Trapeang Krasang Khan Pur Sen Chey
6 Mr. Nou Sokhom Official Sangkat Trapeang Krasang Khan Pur Sen Chey
7 Mr.Mom Soth Clerk, Sangkat Trapeang Krasang Khan Pur Sen Chey
8 Mr. Khob Sokhoeun Assistant Sangkat Trapeang Krasang Khan Pur Sen Chey
9 Mr. Khob Vibol Assistant Sangkat Trapeang Krasang Khan Pur Sen Chey
IO Mr. Neang Oudom :Police Chief of Trapeang Krasang Khan Pur Sen Chey
11 Mr. Vath Syvorn Sangkat Suooort Working Group Khan Pur Sen Chey
12 Mr. Touch Sam ~illage ChiefTrapeang Anchanh Chas Khan Pur Sen Chev
13 Mr. Chan Sooheak Communitv Leader Traoeang Anchanh 1 Khan Pur Sen Chey
14 Mr. Kith Polv Community Leader Trapeang Anchanh 2 Khan Pur Sen Chey
15 Mr. Chin Sinna Community Leader Trapeang Anchanh 3 Khan Pur Sen Chey
16 Ms. San Navy ~ice Community Leader Trapeang Anchanh 4 Khan Pur Sen Ch.ey
17 Mr. Dang Sam On rrrapeang Anchanh 5 Khan Pur Sen Chey
18 Mr. Yim That Villrure Chief Samaki 3 Khan Pur Sen Chev
19 Mr.Kang Ro Villager, Trapeang Anchanh 6 Khan Pur Sen Chey
20 Mr. Yin Sokchea Community Leader, Samaki 4 Khan Pur Sen Chey
21 Mr. Hang Sokhun tommunity Leader, Samaki 5 Khan Pur Sen Chey
22 Mr. Mao Sothea Vice Community Leader, Samaki 6 Khan Pur Sen Chev
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Pl5359l LEAP- Resettlemet Policy Framework, December 22, 2016
23 jMr. Koy Chanthon !Villager Samaki l Community !Khan Pur Sen Chey
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P153591 LEAP- Resettlemet Policy Framework, December 22, 2016
Summary of Consultation on Project Design, Project Budget and Implementation Arrangements,
and the related safeguards instruments and documentation in Sangkat Praek Phnov, Khan Praek
Phnov, Phnom Penh, July 28, 2016
Participants:
Sangkat Prek Phnov Team: Mr. Pich Synoun- Chief of Sangkat, Mr. Tep Pov, Mr. Hang Vanny, Mr.
Prom Navy (see detail attendance list in Annex I lg)
PPC Team: Mr. Nao Vath
MOI Team: Mr. Mr. Ros Phea, Mr. Heanh Bunna
WB Team: Mudita, Erik, Kate, Saroeun, Sarin, Narya, and Kong Kea
Topics/issues presente1/:
• Introduction of participants and meeting purposes.
• Brief project rational and brief status of LEAP project design
• Discussion and brainstorming problems and issues faced in communities
Discussion and conclusions:
• Needs capital to set up, invest and enlarge their business
• Roads in community very bad, especially in rainy season, it need to repair
• Lack of sewerage system
• High interest rate when borrow money from private moneylenders. They could not borrow
money from micro finance because they have no land or house title to deposit.
• They need capacity to manage business
• They also need other vocational skills to improve their sale labor.
List of People Met, Consultation Meeting, Sangkat Praek Phnov, Khan Praek Phnov
No. Name Position Institution
1 Mr. Pich Synoun Chief Sangkat Praek Phnov Khan Praek Phnov
2 Mr. Tep Pov I st Chief of Sangkat Praek Phnov Khan Praek Phnov
3 Mr. Hang Vanny 2nd Chief of Sangkat Praek Phnov Khan Praek Phnov
4 Mr. Prom Navy Council Member Sangkat Praek Phnov Khan Praek Phnov
5 Mr. Sor Charya Council Member Sangkat Praek Phnov Khan Praek Phnov
6 !Mr. Vorn Sovann Clerk Sangkat Praek Phnov Khan Praek Phnov
7 Ms. Ven Phom Assistant Sangkat Praek Phnov Khan Praek Phnov
8 Ms. Chhin Chanthon Villager, Phsar Lech Village Khan Praek Phnov
9 Ms. Preu Svmean Villager, Phsar Lech Village Khan Praek Phnov
10 Ms. Chamroeun Srevmean Villager, Phsar Lech Village Khan Praek Phnov
11 Ms. Huot Svnoun Villager, Phsar Lech Village Khan Praek Phnov
12 Ms. Nao Sokheng Villager, Phsar Lech Village Khan Praek Phnov
13 Ms. Yei Chen N'illager, Phsar Lech Village Khan Praek Phnov
14 Ms. Eng Thoeun ~illager, Phsar Lech Village Khan Praek Phnov
15 Ms. Sam Channv ~illager, Phsar Lech Village Khan Praek Phnov
16 Ms. MenLean ~illager, Phsar Lech Village Khan Praek Phnov
17 Ms. Long Mab N'illager, Phsar Lech Village Khan Praek Phnov
18 Ms. NaoLuek Villager, Phsar Lech Village Khan Praek Phnov
19 Ms. Chan Sarann N'illager, Phsar Lech Village Khan Praek Phnov
20 Ms. Nay Thoeun Villager, Phsar Lech Village Khan Praek Phnov
21 Ms. Pal San Villager, Phsar Lech Village [Khan Praek Phnov
22 Ms. Pal Kan Villager, Phsar Lech Village !Khan Praek Phnov
23 Ms. Pal Kang Villager, Phsar Lech Village Khan Praek Phnov
24 Ms. Seng Yan Villager, Phsar Lech Village Khan Praek Phnov
25 Ms. Sorn Svtha Villager, Phsar Lech Village Khan Praek Phnov
26 Ms. Nhem Kang Villager, Phsar Lech Village Khan Praek Phnov
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Pl.53591 LEAP- Resettlemet Policy Framework, December 22, 2016
27 Mr. Boy Sao Villager, Phsar Lech Village Khan Praek Phnov
28 Ms. Lin Din Villager, Phsar Lech Village Khan Praek Phnov
29 Ms. Math Chanthon Villager, Phsar Lech Village Khan Praek Phnov
30 Ms. OnNanin Villager, Praek PhnovVillage Khan Praek Phnov
31 Mr. Vy Pov !Village Chief, Doung Village Khan Praek Phnov
32 Mr. Ing Rithy !Villager (Priest), Pur Mongkol Village Khan Praek Phnov
33 :Ms. An Yan Mom Villager, Pur Mongkol Village Khan Praek Phnov
34 Ms. Sou Srey Poch Villager, Pur Mongkol Village Khan Praek Phnov
35 IMs. Chrek Sam On Villager, Pur Mongkol Village Khan Praek Phnov
36 IMs. Chrek Samay Vjllager, Pur Mongkol Village Khan Praek Phnov
37 Ms. Sreng Mab Villager, Pur Mongkol Village Khan Praek Phnov
38 Mr. Chan Thy Villager, Pur Mongkol Village Khan Praek Phnov
39 Ms. Moeun Navmom Villager, Pur Mongkol Village Khan Praek Phnov
40 Ms. Thong Sothea Villager, Pur Mongkol Village Khan Praek Phnov
41 Ms. Keo Soeun Villager, Pur Mongkol Village Khan Praek Phnov
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P153591 LEAP- Resettlemet Policy Framework, December 22, 2016
Summary of Consultation on Project Design, Project Budget and Implementation Arrangements,
and the related safeguards instruments and documentation in Sangkat Svay Pa k, Khan Russey
Keo, Phnom Penh, July 28, 2016
Participants:
Sangkat Svay Pak Team: Mr. Hou Samon - Chief of Sangkat, Mr. Ly Raman - Khan officer, Ms.
Choun Mary, Mr. Sou Sok Ren (see detail attendance list in Annex 1lh)
PPC Team: Mr. Nao Vath
MOI Team: Mr. Mr. Ros Phea, Mr. Heanh Bunna
WB Team: Mudita, Erik, Kate, Saroeun, Sarin, Narya, and Kong Kea
Topics/issues presented:
• Introduction of participants and meeting purposes.
• Brief project rational and brief status of LEAP project design
• Villagers shared experiences on the success and failure of their saving that they have
been established and supported by NGOs.
• Discussion and brainstorming problems and issues faced in communities
Discussion and conclusions:
• The importance of NGO involvement in the process of establishing and strengthening
saving group has been acknowledged.
• Needs capital to set up, invest and enlarge their business
• Roads in community very bad, especially in rainy season, it need to repair
• Lack of sewerage system
• High interest rate when borrow money from private moneylenders. They could not
borrow money from micro finance because they have no land or house title to deposit.
• Needs fire extinguisher because it usually to have house fire in community.
• They need capacity to manage business
• They also need other vocational skills to improve their sale labor.
List of People Met, Consultation Meeting, Sangkat Svay Pak, Khan Russey Keo, Phnom Penh
No. Name Position Institution
Keo
2 Keo
3 Keo
4 Keo
5
6
7 Ms. Soun Theara Kamboth Community, Lor Kambor Villa e Khan Russe Keo
8 Ms. Phon Chenda Kamboth Communit , Lor Kambor Villa e Khan Russe Keo
9 Ms. Ko Chreb Kamboth Communit , Lor Kambor Villa e Khan Russe Keo
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P1.53591. LEAP- Resettlemet Policy Framework, December 22, 201.6
Cumulative List of LEAP Community Consultations in Siem Reap and Phnom Penh as of
December 2016
Phase Date Location Purpose Participants
including
approximate
number)
!Project October 31, 2015 Woth Slaeng, Chi To learn how World Bank Vice
Identification Kraeng Commune, LEAP pilot President, WB
Chikraeng District beneficiaries have Team, including
fared since the many members of
Siem Reap close of pilot SHGs supported
operation and to under the LEAP
assess what kind pilot. Approximately
of support they 1200 villagers, most
need. 1<>fwhom
participated in the
pilot.
rProject Preparation !April 10, 2016 Rolum Run Thmey rro conduct Village Chief, 3
village, Sre Noy iscreening exercise Group Leaders, and
!April 9-13, 2016 commune, Varin ~o find out for 159 Villagers
!April 18 to May 6, District !Ethnic
12016 Minorities/IP
Siem ReapSiem
Reap, and Phnom
Penh
!April 11, 2016 Woth Slaeng, Chi rro discuss and Commune Council
,AM) Kraeng Commune, iexplain Social and Member 14 Vice
Chikraeng District !Environmental Village Chiefs from
!April 10, 2016 Safeguards and 10 villages, and 31
Siem ReapRolum iconduct capacity villagers from the 10
Run Thmey village, ineed assessment. villages.
Sre Noy commune,
Varin District rro conduct Village Chief, 3
iscreening exercise Group Leaders, and
Siem Reap ~o find out for 159 Villagers
!Ethnic
[Minorities/IP
!April 11, 2016 (PM) LeangDai To discuss and Commune Council
Commune, Angkor explain Social and Chief, Member, I0
!April 11, 2016 rrhom District Environmental Village Chiefs, and
(AM)
Safeguards and Saving Leaders from
Siem ReapWoth conduct capacity 7 Villages, and 16
Slaeng, Chi Kraeng need assessment rvillages
K::ommune,
K:;hikraeng District To discuss and Commune Council
explain Social and [Member 14 Vice
Siem Reap Environmental ~illage Chiefs from
Safeguards and 10 villages, and 31
conduct capacity villagers from the 10
need assessment. villages.
April 12, 2016 Kantuot Commune, To conduct Commune Chief,
Svay Leu District iscreening exercise Member, Clerk,
~o find out for Assistant, Village
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P153591 LEAP- Resettlemet Policy Framework, December 22, 2016
April 11, 2016 (PM) Siem ReapLeang Ethnic Chief, and 8
Dai Commune, Minorities/IP. villagers
Angkor Thom
!District To discuss and Commune Council
explain Social and Chief, Member, I0
Siem Reap Environmental Village Chiefs, and
Safeguards and Saving Leaders from
conduct capacity 7 Villages, and 16
ineed assessment villages
V\pril 20, 2016 Provincial Hall Lessons Learned LEAP team
Workshop: to members from the
!April 12, 2016 Siem Reap, Kantuot identify revisions Siem Reap
~ommune, Svay
~o LEAP design [Provincial
Leu District documents based K}overnment, other
Siem Reap on pilot lessons ~rovincial line
~epartment
rro conduct representatives,
screening exercise ADBandNGOs
~o find out for
Ethnic Commune Chief,
Minorities/IP. Member, Clerk,
Assistant, Village
Chief, and 8
villagers
V\pril 21, 2016 Woth Kampong rr0 present the 4 Commune Council
AM) Phluk, Kampong 1Project design, Members, 3 Village
IPhluk Commune, iconfirm demand Chiefs, Vice Village
!April 20, 2016 IPrasat Bakong iand seek feedback Chief, and 18
District Villagers from 3
Lessons Learned villages
Siem Workshop: to
ReapProvincial Hall identify revisions "'-'EAP team
to LEAP design members from the
Siem Reap documents based Siem Reap
on pilot lessons Provincial
Government, other
~rovincial line
department
representatives,
ADBand NGOs
April 21 , 2016 (PM) Sasar Sdam To present the [Village Chief and
Commune, Puok project design, [Vice Village Chief
!April 21 , 2016 !District confirm demand !from 12 villages, 25
AM) ~nd seek feedback rvillagers from 12
Siem ReapWoth villages4 Commune
IK.ampong Phluk, rro present the Council Members, 3
[Kampong Phluk project design, Village Chiefs, Vice
Commune, Prasat confirm demand Village Chief, and
Bakong District ~nd seek feedback
18 Villagers from 3
Siem Reap villages
!April 22,2016 Mr. Proun's house, rro present the Vice Commune
Preah Oak Village, proje.ct desi1rn, Chief, Member,
! Page 61
P153591 LEAP- Resettlemet Policy Framework, December 22, 2016
[April 21, 2016 (PM) Preak Oak confirm demand Clerk, Village Chief,
Commune, Banteay ~nd seek feedback Vice Village Chief,
Srei District and 26 villagers.
rro present the
Siem ReapSasar project design, Village Chief and
Sdam Commune, confirm demand Vice Village Chief
Puok District and seek feedback from 12 villages, 25
villagers from 12
Siem Reap villages
April 29, 2016 World.Bank Office Lessons Le&rned with Urban Poor
workshop to hear NGOs, DPs and
April 22,2016 Phnom PenhMr. and share Technical Line
Proun's house, examples of good !Departments
Preah Oak Village, practices in
IPreak Oak identifying and !Vice Commune
K:ommune, Banteay targeting poor K:hief, Member,
Srei District households and Clerk, Village Chief,
communities Vice Village Chief,
Siem Reap and 26 villagers.
rro present the
project design,
K;onfirm demand
~nd seek feedback
!April 29, 2016 World Bank Office Lessons Learned with Urban Poor
~orkshop to hear ~Gos, DPs and
Phnom Penh ~nd share Technical Line
~xamples of good Departments
practices in
identifying and
targeting poor
households and
communities
~uly 21, 2016 DounKaev Present overall 50 people from
Commune, LEAP design, commune councils,
benefits, risks and Village chiefs, and
Puok District Siem proposed villagers
Reap safeguard
arrangements.
Seek community
feedback
July 22, 2016 Anlong Samnar Present overall 27 people from
Commune, Chi LEAP design, commune councils,
July 21, 2016 Kraeng District benefits, risks and Village chiefs, and
proposed villagers50 people
Siem ReapDoun safeguard from commune
Kaev Commune, arrangements. councils, Village
Puok District Siem Seek community chiefs, and villagers
Reap feedbackPresent
overall LEAP
design, benefits,
risks and proposed
safeguard
arrangements.
I Page 62
I
Pl53591 LEAP- Resettlemet Policy Framework, December 22, 2016
Seek community
feedback
July 27, 2016 (8.30- Sen Sok 1 Village, Present overall 16 people from
10.30am) Sangkat Khmounh, LEAP design, Official Khan, and 6
Khan Sen Sok, , benefits, risks and difference
July 22, 2016 Phnom PenhAnlong proposed Communities27
Samnar Commune, safeguard people from
Chi Kraeng District arrangements. commune councils,
Seek community Village chiefs, and
Siem Reap feedbackPresent ~illagers ·
overall LEAP
design, benefits,
~isks and proposed
safeguard
~rangements.
Seek community
feedback
July 27, 2016 Sangkat Trapeang Present overall 23 people from
(10.30-12.00pm) Krasang, Khan Por LEAP design, Sangkat, and 9
Sen Chey, , Phnom benefits, risks and difference
July 27, 2016 (8.30- PenhSen Sok 1 proposed Communities 16
10.30am) Village, Sangkat safeguard people from Official
Khmounh, Khan arrangements. Khan,, and 6
Sen Sok, , Phnom Seek community difference
Penh feedbackPresent Communities
overall LEAP
design, benefits,
risks and proposed
safeguard
arrangements.
Seek community
feedback
~uly 28, 20 16 Sangkat Praek Present overall f4 l people from
(8.30am-1 O.OOam) iPhnov, Khan Praek LEAP design, Sangkat, and 4
CTuly 27, 2016 IPhnov benefits, risks and difference
' 10.30-12.00pm) proposed Communities23
Phnom PenhSangkat ~afeguard people from
rrrapeang Krasang, ~rrangements. Sangkat, and 9
Khan Por Sen Chey, Seek community difference
, Phnom Penh feedback Communities
Present overall
LEAP design,
benefits, risks and
proposed
safeguard
arrangements.
Seek community
feedback
July 28, 20 16 Sangkat Svay Pak, Present overall 9 people Official
(10.30-12.00pm) Khan Russey Keo LEAP design, Khan, Sangkat, and
Phnom PenhSangkat benefits, risks and 1 community 4 1
proposed people from
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P153591 LEAP- Resett/emet Policy Framework, December 22, 2016
July 28, 2016 Praek Phnov, Khan safeguard Sangkat, and 4
(8.30am-10.00am) Praek Phnov arrangements. difference
Seek community Communities
Phnom Penh lfe·edback
Present overall
LEAP design,
benefits, risks and
proposed
safeguard
arrangements.
Seek community
feedback
lTuly 28, 2016 Sangkat Svay Pak, Present overall 9 people Official
10.30-12.00pm) Khan Russey Keo !LEAP design, Khan, Sangkat, and
Phnom Penh benefits, risks and 1 community
tproposed
~afeguard
arrangements.
Seek community
feedback
September 15, 2016 World Bank, Phnom [Discussion of Representatives of 4
Penh safeguard different CSOs
arrangements and mainly working in
!Overall project Phnom Penh
ldesign issues with
Social Safeguard
Specialist
September 22, 2016 Phnom Penh Capital Present overall 1 PPC Deputy
!Hall LEAP Status of Governor, PPC
Safeguard, Officials LEAP
Procurement, FM Members, Official
andAWPB target Sangkats and
Khans, and concern
PPC Technical
Departments
November 8, 2016 Sangkat Dankor, Informal foformal discussion
!Khan Dankor, discussion of with leader of Urban
Phnom Penh community needs, Poor Community,
seeking feedback Sangkat Councilor
on proposed and others
project activities
November 8, 2016 Sangkat Prey Veng, Informal Informal discussion
Khan Dankor, kliscussion of with leader of Urban
Phnom Penh ~ommunity needs, Poor Community,
seeking feedback Sangkat Councilor
Pnproposed and others
project activities
November 11, 2016 Wodd Bank Office, Present overall !Representatives of 7
Phnom Penh LEAP design, different CSOs
benefits, risks and operating in either
proposed
I P age 64
P153591 LEAP - Resettlemet Policy Framework, December 22, 2016
safeguard Phnom Penh or
arrangements. Siem Reap, or both.
Seek feedback
from civil society
organizations
Sept 15,2016 World Bank, MRl , Consultation 6 people from civil
Phnom Penh meeting with CSO society NGOs
to learn about their
safeguards
implementation
~nd discuss on
LEAP safeguard
arrangements.
Nov 8, 2016 Sangkat Dankor and Informal 48 people from
Prey Veng, Khan discussion of Sangkat Councilors,
Dankor, Phnom community needs, Urban Poor
Penh seeking feedback Communities,
on proposed Village Chiefs,
project activities community leaders,
including ESMF villagers, LEAP
andRPF. PPC team and WB
Team, include PM
on Agr and Program
Leader).
Nov 11, 2016 World Bank Office, Consultative 14 people from 7
Phnom Penh meeting with NGOs, MOI, Bank
CSOs to seek for team.
comments and
feedback on LEAP
overall project
design, risks
management and
safeguard
~rrangements.
Dec 13, 2016 Khan Dankor, IField visit to 30 people from
Sangkat Dankor and kliscuss with urban Sangkat Councilors,
Prey Veng, Phnom poor communities Urban Poor
Penh ~bout problems Communities,
~nd issues, the Village Chiefs,
support needed, as community leaders,
well as safeguards villagers, LEAP
issues. PPC team and WB
Team include Bank
Country Director).
Dec. 28, 2016 Phnom Penh Hotel, Consultative 60 people from 13
in Phnom Penh meeting to Sangkat and 11
disseminate and Khan, PPC team,
obtain feedback on MOI, NGOs,
LEAP project Development
design; on
environmental and
I Page 65
P1.53591. LEAP- Resettlemet Policy Framework, December 22, 201.6
social safeguard Donors, and
instruments. Australian Embassy.
Dec. 29, 2016 Khemara Angkor Consultative 83 people from 47
Hotel, in Siem Reap meeting to communes, 9
province. disseminate and districts, PPC team,
obtain feedback on MOI team and
LEAP project NGOs in Siem Reap
design; on province.
environmental and
social safeguard
instruments.
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P153591 LEAP- Resettlemet Policy Framework, December 22, 2016
Consultations and Disclosures
a. Consultations:
When/Date Location/Place Lamma2e Who/Participants What/documents Conclusions/Remarks
October Slaeng Pagoda, Khmer 200 participants Field visit at list of participants on
31,2015 Chi Kraeng and (WB Vice Chikraeng District file of Vice President
Commune, English President, WB Siem Reap Visited
Chikraeng Team, National province to learn
District Team, SHG LEAP pilot and to
Siem Reap members, and assess the
villagers). sunnorts needed.
Nov 30, World Bank, English 7 participants Meeting to list of participants on
2015 MR2 (LEAP director & discuss the file ofldentification
Phnom Penh manager, WB safeguards. Mission
Safeguards
Specialists, TTLs, World Bank safeguards
framework used.
and Bank Team
members).
Dec4, Siem Reap Khmer 6 participants Field visit list of participants on
2015 Provincial Hall and (LEAP provincial Meeting to file
English team, WB discuss the ofldentification
Safeguards Team). safeguards Mission
compliance of World Bank safeguards
LEAP. framework used
Dees, Krabei Riel Khmer 95 participants Consultative list of participants on
2015 Commune - and (commune and meeting to discuss file ofldentification
Siem Reap English village authorities, the safeguards Mission
District and SHG leaders and issues and causes
LeangDai members, affected and
Commune - Villagers, safeguards
Angkor Thom community leaders, prevention
district, Siem LEAP provincial measures.
Reap province. team, WB
safeguards team)
Dec6, Slaeng Pagoda, Khmer 49 participants Consultative list of participants on
2015 Chi Kraeng and (commune and meeting to discuss file ofldentification
Commune, English village authorities, the safeguards Mission
Chikraeng SHG leaders and issues and causes
District members, affected and
Siem Reap. Villagers, safeguards
community leaders, prevention
LEAP provincial measures.
team, WB
safeguards team)
Dec 7, World Bank, English 7 participants Meeting to brief list of participants on
2015 MR2Phnom (LEAP director & safeguard issues file ofldentification
Penh manager - MOI, finding in Siem Mission
WB Safeguards Reap and discuss
Specialists, TTLs, World Bank safeguards
safeguards framework used
and Bank Team prevention
members). measures.
Dec7, World Bank, English 13 participants Consultative list of participants on
2015 MRI Phnom (NGOs, WB meeting with file ofldentification
Penh Safeguards NGOsto Mission
Specialists, TTLs, brainstorm and
and Bank Team discuss the
members). experiences of
NGO on
I P age 67
P1.53591. LEAP- Resettlemet Policy Framework1 December 221 201.6
safeguards
implementation.
April 10, Rolum Run Khmer 159 participants Meeting to list of participants on
2016 Thmey village, and (Villagers, discuss the social file of Preparation
Sre Noy English community leaders, and environmental Mission
commune, Varin Village chiefs, safeguards and
District, Siem CCs, WB conduct screening
Reap safeguards exercise to find
specialist, LEAP out for IP.
national & SRP
team, and WB
Team)
April 11, Slaeng Pagoda, Khmer 54 participants Meeting to list of participants on
2016 (am) Chi Kraeng and (commune and discuss and file of Preparation
Commune, English Village Chiefs, explain Social and Mission
Chikraeng SHG members, Environmental
District, Siem villagers, LEAP Safeguards and
Reap provincial team and conduct capacity
WBTeam). need assessment.
April 11, LeangDai Khmer 36 participants Meeting to list of participants on
2016 (pm) Commune, and (commune and discuss and file of Preparation
Angkor Thom English Village Chiefs, explain Social and Mission
District, Siem SHG members, Environmental
Reap province villagers, LEAP Safeguards and
provincial team and conduct capacity
WB Team). need assessment.
April 12, Kantuot Khmer 20 participants Meeting to list of participants on
2016 (am) Commune, Svay and (Commune Chief, discuss and file of Preparation
Leu District, English CC members, explain Social and Mission
Siem Reap village chiefs and Environmental
Province villagers and WB Safeguards;
Team). conduct capacity
need assessment;
and conduct
screening exercise
to find out for IP.
April 12, Siem Reap Khmer 5 participants Meeting to list of participants on
2016 (pm) Provincial Hall and (Siem Reap prepare simplified file of Preparation
English Safeguards focal pest management Mission
point, Bank (PMP) and
Safeguards revised ESMF.
Specialists, TTL
and WB Team).
April 21, Kampong Phluk Khmer 87 participants Field visit for the list of participants on
2016 Commune, Soutr and (Commune Chiefs, consultative file of Preparation
Nikum District English CC members, meeting to discuss Mission
and Sasar Sdom Village Chiefs, and explain Social
Commune, Puok villagers, LEAP and
District, Siem National and Environmental
Reap Province provincial teams Safeguards;
and WB Team). conduct capacity
need assessment.
April 22, Anlong Samnar Khmer 47 participants Field visit for the list of participants on
2016 Commune, and (Commune Chiefs, consultative file of Preparation
Chikreng English CC members, meeting to discuss Mission
District, Siem Village Chiefs, and explain Social
Reap Province villagers, LEAP and
National and Environmental
I P age 68
P153591 LEAP - Resettlemet Policy Framework, December 22, 2016
provincial teams Safeguards;
and WB Team). conduct capacity
need assessment.
April 29 World Bank, English 15 participants Meeting to brief list of participants on
2016 MRI Phnom (LEAPMOI, safeguard issues file of Preparation
Penh MAFF, PPC, WB finding in Siem Mission
Safeguards Reap and discuss
World Bank safeguards
Specialists, TTLs, onESMF and framework used.
and Bank Team RPF preparation.
members).
July 21, Doun Kaev Khmer 58 participants Field visit for the list of participants on
2016 Commune, Puok and (Commune Chiefs, consultative file of Technical
District, Siem English CC members, meeting to discuss Support Mission
Reap Village Chiefs, and explain Social
villagers, LEAP and
National and Environmental
provincial teams Safeguards.
and WB Team).
July 22, Anlong Samnar Khmer 40 participants Field visit for the list of participants on
2016 Commune, and (Commune Chiefs, consultative file of Technical
Chikreng English CC members, meeting to discuss Support Mission
District, Siem Village Chiefs, and explain Social
Reap villagers, LEAP and
National and Environmental
provincial teams Safeguards.
and WB Team).
July 27, Sangkat Khmer 29 participants Field visit for the list of participants on
2016 Khmuonh, Khan and (Sangkat consultative file of Technical
Sen Sok and English Councilors, Village meeting to discuss Support Mission
Sangkat Chiefs, villagers, and explain Social
Trapaing LEAP PPC team and
Krasang, Khan and WB Team). Environmental
Por Sen Chey, Safeguards.
Phnom Penh.
July 28, Sangkat Prek Khmer 49 participants Field visit for the list of participants on
2016 Phnov, Khan and (Sangkat consultative file ofTechnical
Prek Phnov and English Councilors, CC meeting to discuss Support Mission
Sangkat Svay members, Village and explain Social
Pak, Khan Chiefs, villagers, and
Russey Keo, LEAP PPC team Environmental
Phnom Penh. and WB Team). Safeguards.
Sept 15, World Bank, English 6 participants Consultation list of participants on
2016 MRl ,Phnom (NGOsand WB meeting with CSO file of Stakeholder
Penh Team) to learn about Meeting on Safeguards
their safeguards
implementation
and discuss on
LEAP safeguard
arrangements.
Nov8, Sangkat Dankor Khmer 48 participants Informal list of participants on
2016 and Prey Veng, and (Sangkat discussion of file ofManagement
Khan Dankor, English Councilors, Urban community needs, Review and next step on
Poor Communities, LEAP Appraisal
Phnom Penh seeking feedback
Package
Village Chiefs, on proposed
community leaders, project activities
villagers, LEAP including ESMF
PPC team and WB andRPF.
I P age 69
P153591 LEAP- Resettlemet Policy Framework, December 22, 2016
Team, include PM
on Agr and
Program Leader).
Nov 11, World Bank Khmer 14 participants Consultative list of participants on
2016 Office, Phnom and (representatives meeting with file of LEAP Civil
Penh English from 7NG0s, CSOs to seek for Society Consultations
MOI, Bank team). comments and
feedback on
LEAP overall
project design,
risks management
and safeguard
arrangements.
Dec 13, Khan Dankor, Khmer 30 participants Field visit to
2016 Sangkat Dankor and from Sangkat discuss with urban
and Prey Veng, English Councilors, Urban poor communities
Phnom Penh Poor Communities, about problems
Village Chiefs, and issues, the
community leaders, support needed, as
villagers, LEAP well as safeguards
PPC team and WB issues.
Team include Bank
CM and CD).
Dec. 28, Phnom Penh Khmer 60 participants Consultative list of participants on
2016 Hotel, in Phnom and from 13 Sangkat meeting to file of LEAP
Penh English and 11 Khan, disseminate and consultations meeting in
PPCH,MOI, obtain feedback PPC.
NGOs, on LEAP project
International design; on
donors, and environmental and
Australian social safeguard
Embassy. instruments.
Dec. 29, Khemara Angkor Khmer 83 participants Consultative list of participants on
2016 Hotel, in Siem from 47 meeting to file of LEAP
Reap province. communes, 9 disseminate and consultations meeting in
districts, PPC, obtain feedback Siem Reap province.
MOI,NGOsin on LEAP project
Siem Reap design; on
province. environmental and
social safeguard
instruments.
b. Disclosures:
When/Date Location/Place Language What/documents
Disclosure 29 September MOI website English LEAP ESMF and RPF
2016
Re-disclosure 18 November MOI website English LEAP ESMF and RPF
2016
Re-disclosure 29 November MOI website English and Khmer LEAP ESMF and RPF
2016
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