Resettlement Plan for Raiway from Nanning to Guangzhou

Resettlement Plan for Raiway from Nanning to Guangzhou

Resettlement Plan

Nannin-Guangzhou Railway Construction Project

FreignInvestmentCenter of Ministry of Railways of P.R.C.

March 10 2009

Table of Contents

Executive Summary of Resettlement Action Plan

Chapter I Overview

1.1 Project Description

1.2 Preparation for Relocation Plan

1.3 Measures to Minimize the Impacts of Engineering

1.3.1 Stage of Project Planning and Design

1.3.2 Stage of Engineering Construction

1.3.3 Stage of Project Land Requisition, Demolition and Implementation

Chapter II Socio-economic survey

2.1 Overall socio-economic conditions of the regions affected by the project

2.2 Overview of autonomous region, province, city, county and districts along the line

2.3 Social and Economic Investigation

2.3.1 General Outline

2.3.2 Investigation by the Second and Fourth Institutes of China Railway and China Railway Consulting (2008)

2.3.3 Social economic investigation by Southwest Jiaotong University (2008)

2.4 Social economic characteristics of the affected population......

2.4.1 General Outline

2.4.2 Human resource

2.4.3 Natural Resources

2.4.4 Material resources

2.4.5 Financial resource

2.4.6 Affected minority

2.4.7 Vulnerable group

Chapter III Project impacts

3.1 Scope of project impacts

3.2Material indicators of project impact

3.2.1Permanent land appropriation

2.3.2Temporary land use

3.3.3 Building demolition and relocation

3.3.4 Population affected by the project

3.3.5 Enterprises and public institutions

3.3.6 Shops and commercial buildings

3.3.7 Sporadic trees and graves

3.3.8 Dedicated facilities

Chapter IV The Policy Framework of Resettlement

4.1 The Objectives of Resettlement

4.2 Applicable Policies and Laws

4.2.1The Policy of Involuntary Resettlements of the World Bank

4.2.2 Legal Framework

4.2.3 Relevant Legal and Policy Regulations of China and Provincial Government

Chapter V Compensation Criteria and Compensation Budget

5.1 Compensation Criteria

5.1.1 Compensation criteria for land requisition

5.1.2 Compensation Criteria for House Demolition and Ground Attachment

5.1.3 Compensation Criteria for Infrastructure and Special Facilities compensation criteria

5.2 Estimation of Compensation Costs for Migration

Chapter VI Resettlement and Development of Livelihood

6.1 General Principles

6.2 Planning of Villagers’ Livelihood

6.2.1 Land is owned collectively by villagers

6.2.2 Villager Self-administration

6.2.3 Means of villagers’ livelihood planning

6.2.4 The first stage – general plan of livelihood development

6.2.5 Second stage – detailed plan of villagers’ livelihood

6.3 Relocation Plans

6.3.1 Production Plan

6.3.2 Housing Plan for Relocation

6.3.3 Relocation Plan for Schools Affected

6.3.4 Relocation Plan for Affected Factories,enterprises and public institutions

6.3.5 Relocation Plans for Affected Shops and Buildings for Commercial and Residential Purposes

6.3.6 Relocation Plans for Affected Infrastructure

6.3.7 Relocation Plans for Vulnerable Groups

Chapter VII Implementation Plan for Resettlement

7.1 Procedure of Implementation

7.2 Plan of Progress

7.3. Appropriation of Funds

7.3.1. Principles

7.3.2. Fiscal institutions for resettlement

7.3.3. Flow of funds

Chapter VIII Organization

8.1 Framework

8.2 Responsibilities of the Institutions

8.3 High level Coordinaton

8.4 The capacity and training for resettlement institutions

Chapter IX Consultation, Greviance Redress and Participation

9.1 Consultation

9.1.1 Stakeholders of the project

9.1.2 Stages, means and contents of public participation

9.1.3 Public paticipation in project preparation

9.1.4 Public opinion survey

9.1.5 Public participation plan of relocated people in implementation periods

9.2 Publicizing and information releasing

9.3 Channels for greviance redress

9.3.1 Ways of collecting dissatisfactions and complains

9.3.2 Procedure of greviance redress

9.3.3 Principles of dealing with complains

9.3.4 Contents and ways of reply

9.3.5 Greviance redress and final feedback for the record

Chapter X Monitoring and Evaluating

10.1 Internal Monitoring System

10.1.1 Goals and Tasks

10.1.2 Monitoring Organization and Personnel

10.1.3 What to be monitored

10.1.4 Procedures of Implementation

10.2 External Independent Monitoring and Evaluation System

10.2.1 Goals and Tasks

10.2.2 Monitoring Organization and Personnel

10.2.3 Major Indicators of Monitoring and Evaluating

10.2.4 Monitoring and Evaluating Methods

10.2.5 Working Steps

10.2.6 Report Preparation Plan

Chapter XI Rights Matrix Table

Executive Summary of Resettlement Action Plan

1. With a total length of 466.735km, Nanning-Guangzhou Railway (this project refers to the section from Litang to Sanyanqiao only) goes from Litang, a town in Binyang of Nanning, Guangxi, through the two provinces of Guangxi and Guangdong, 6 municipalities, 15 counties/cities/districts, 43 towns and 170 villages and to Sanyanqiao, a place in Nanhai District of Foshan, Guangdong. The total area of land expropriated for the whole railway is 27,776.548 mu, of which, arable land accounts for 47.63% of the total. In addition, the area of reclaimed land from old railway is 373.1 mu. Based on the estimates of the design institute, about 12,779.52 mu of land needs to be borrowed temporarily. The area of structures to be dismantled / removed along the railway totals 1,221,504m2, of which, the area of dismantled structures outside the railway sector is 1,220,322 m2, the area within the railway sector is 1,182m2. In the relocation of structures outside the railway sector, the area of ordinary rural houses removed is 426,311m2, the area of factory, mine and enterprise buildings removed is 689,069m2, the area of schools removed is 21,847m2, the area of urban resident houses removed is 31,630m2, the area of shops and office buildings is 51,464.8m2. The total affected population of this project is 25,784 people, of which, the affected rural population is 19,533 people in 5,745 households, the affected population of in 188 factories, mines and enterprises is 2,215 people, the affected population of 7 schools is 2,955 people, the affected population of 23 shops or office buildings is 431 people, and the affected urban population is 650 people in 210 households.

1. Nanning-Guangzhou Railway has a minor impact upon the various localities along the railway line. The reasons are as follows. (1) Railway is a line-shaped project, and such features of the project entails relative small impact upon the localities along the line; (2) the length of bridges and tunnels in the project accounts for more than 70% of the total length of the railway; therefore, the amount of land expropriated is greatly reduced; (3) the route in the mountain area is selected for the railway as far as possible, which greatly reduces the amount of land requisition; (4) even if the route has to go through the plain region, the form of elevated railway is adopted to minimize land requisition; (5) site as far apart from towns and centralized residential quarters as possible is selected for railway station, and if a route head towards towns or centralized residential quarters, it would be changed so as to go around the towns or residential quarters.

1. The areas of Nanning-Guangzhou Railway that need to be removed are concentrated at both ends of the railway, i.e., urban resident quarters in Guigang, Guangxi and enterprises and factories in Foshan, Guangdong (relocation of urban resident quarters in Foshan is concentrated on the site of Guiyang-Guangzhou Railway). In addition, in the rural area, the areas under major impact of land requisition and house relocation are concentrated in the sites where the 9 stations are located.

See Chapter III for details on material loss

1. This Resettlement Action Plan was prepared by SouthwestJiaotongUniversity at the entrustment from The Ministry of Railways and with assistance from China Railways No.2 Institute Engineering Group Co., Ltd., China Railways No. 4 Survey and Design Institute Group Co., Ltd. and China Railways Engineering Design Consultants Group Co., Ltd. The preparation process of the plan covers socioeconomic survey, general survey on resettlement impacts and resettlement planning. The general survey covers all the 170 villages, related enterprises / shops and affected infrastructure. The various material indicators provided by the Resettlement Action Plan are all based on the preliminary design and field survey on the route by the design institutes. Such data are not final and may be changed with further improvement of the design and with the construction units entering the site, but such changes will be small adjustment instead of major change.

1. The policy documents formulated by the Chinese Government and relevant requirements of WB Operation Principles OP4.12 will be strictly observed in the preparation of Resettlement Action Plan of this Project and the later implementation of resettlement plan. The resettlement compensation standards set by this Action Plan shall be strictly followed in population resettlement, and any changes in the process of implementation must be subject to the consent of the WB. China has already formulateda complete legal framework and policy system with regard to land requisition, house relocation, population resettlement and compensation.Guangxi and Guangdong, the provinces along Nanning-Guangzhou Railway, has also formulated corresponding local laws and policies in accordance with the requirements of national laws and policies. The land requisition and relocation compensation standards of Guangxi are mainly based on Annual Output Baseline Data and Relocation Compensation Standards of Guangxi Zhuang Nationality Autonomous Region for Land Requisitioned for Major Infrastructure Construction Project (GUIFAGAIFAGUI [2005] 190), the permanent land requisition compensation standards of Guangdong are based on Land Requisition Compensation and Protection Standards of Guangdong Province (YUEGUOTUZIFA [2006] 149, July 2006), and the relocation standards of Guangdong Province are based on Measures of Guangdong Province for Implementation of Land Requisition Compensation for Traffic Infrastructure Construction (YUEFUBAN [2003] 46, June 2003); meanwhile, adjustments will be made on the basis of actual conditions. Excluding expenses for renovation of such infrastructure as road, power supply and communication, the budget for total expenditure of population resettlement of this project is RMB25.72 billion, accounting for 6.26% of total investment. It should be noted that the Ministry of Railways promised that there is no upper limit to the expenses of land requisition, house relocation and population resettlement and all actually spent expenses shall be reimbursed, as a result of the recent trend of year-by-year improvement of land requisition compensation standards in various regions in China. The construction of the Nanning-Guangzhou Railway will last several years, and if the land requisition compensation standards of Guangdong and Guangxi are improved during this period, corresponding adjustments will be made to this project. Appendix 11 provides a policy framework at the implementation stage for the greatly affected resettlement sites.

1. The following resettlement measures are usually taken to restore the production and living of the farmer households affected by land requisition. The first and priority resettlement measure is land-based rural resettlement, e.g., by such means as internal land adjustment, transformation of low-yield farmland, development of sloping field with a gradient of below 25 degrees, sublease of contracted land of farmers who serve as migrant workers in other places on a long term, resettlement of farmers who have lost their land through development of new arable land with land requisition compensation fund, etc.; the second measure is non-rural resettlement, i.e., helping those farmers without conditions for land-based resettlement, e.g., affected farmers near railway stations, to take up business in secondary and tertiary industries or officially organizing them to work in developed regions; the third measure is social security. All the qualified population meeting policy requirements, whether by means of rural resettlement or non-rural resettlement, are entitled to social security. In addition to the above three measures, money-based resettlement is a more common measure in the current context of lack of farm land. In view that the regions along Nanning-Guangzhou Railway have a developed economy and farmers do not rely much on farmland and income from working in cities has become the main income source of farmers, money-based resettlement may still be accepted as an effective measure of resettlement.

1. The following three forms of resettlement are usually adopted for farmers affected by relocation. The first from is scattered resettlement, i.e., the affected people get compensation for replacement cost according to law, obtain house site provided free by the government and build new houses by themselves; the materials left after the old houses are dismantled are at their disposal. The second form is centralized resettlement, i.e., the local governments plan and design new rural communities in a unified manner in the light of new countryside construction nationwide, and the affected people build new houses on the specified site and according to unified blueprint with the compensation fund for replacement cost. The third form is resettlement of disadvantaged group, who are entitled to cash support of RMB2000 per household provided by the government and other assistance needed in house building, in addition to the above rights and interests.

1. Urban residence, factories, schools and shops shall be relocated and rebuilt completely based on market price, i.e., independent evaluation agency conducts evaluation on them one by one and they are compensated for according to evaluation price. The local government shall provide sites for those who prefer rebuilding, and those who prefer exchange may exchange for a new house with their old house on the condition of equal area (for example, the removed urban residents may obtain new houses by means of house exchange on the condition of equal area). The affected enterprises and shops as well as their employees shall be completely compensated for their losses during the period of relocation and transition. The principle of rebuilding coming before dismantling should be adopted in school relocation and rebuilding so as not to affect the study of students.

See Chapter VI for detailed resettlement measures.

1. The Ministry of Railways, Nanning-Guangzhou Railway Preparatory Group., the governments of Guangdong and Guangxi as well as the prefectural, municipal and countyResettlement Offices shall be responsible for carrying out and guiding resettlement activities of the townships and villages. So far, the local governments in the regions along the railway have set up railway construction steering organs. For example, similar organs have already been set up in Yunfu and other cities, where the government leaders are in charge of such organs and the heads of relevant departments constitute the members of the steering group. In other regions, though no such organs are set up, the Development and Reform Departments under the local governments are responsible for relevant affairs during project preparation period. Once the project is started on full scale, the local governments of various levels will set up Railway Construction Supporting Office or similar organs if necessary, to support railway construction and carry out population resettlement activities.

1. The affected people have been informed of the possible impacts they may be subject to at different project phases and have participated in consultation. The stakeholders participating in consultation include heads of the households affected, village heads and villager representatives, departments of local governments, disadvantaged groups (including women and minority nationalities). Information on land requisition and population resettlement activities have been broadcast via public media such as newspapers, radio, public notice and township and village meetings so as to promote understanding and support from all communities in the project area. With the development of the project, population resettlement brochures will be handed out, and meanwhile, the resettlement action plans formulated by the local government will be made available to the public, including the affected population. The affected families may also participate in consultation and resettlement activities, including detailed survey, positioning of railway deck bridges, selection of resettlement sites and appealing. During the period of specific land requisition and population resettlement, the affected population and enterprises may appeal to local management organss, government organs, project owners, external monitoring organs and courts regarding any issues relating land requisition, house relocation, compensation and resettlement. In addition, the affected population will have frequent opportunities to discuss compensation and resettlement issues with representatives of various levels of project implemention and administration organizations through public meeting, hearing, public consultation, on-site investigation, etc.

1. Nanning-Guangzhou Railway Preparatory Group. of the Ministry of Railways will, together with the Resettlement Offices of the local governments at various levels, be responsible for internal monitoring and supervision of compensation funds extension, house rebuilding, land requisition and appealing activities of affected population. The Ministry of Railways will prepare quarterly monitoring report and submit it to the World Bank until the end of resettlement. Thereafter, the Ministry of Railways will submit to the World Bank a Post-resettlement Evaluation Report. In addition, the Ministry of Railways will entrust an independent monitoring agency to carry out the external monitoring and evaluation activities, which include, baseline data survey, review and verification of compensation fund payment, review and evaluation of resettlement plan and implementation results, assessment of appealing procedure and response / degree of satisfaction of affected population toward their rights and interests and compensation, assessment of income restoration of affected population as well as lessons for future resettlement activities. The external monitoring agency shall submit a monitoring and evaluation report to the Ministry of Railways and the World Bank every half year until the completion of the resettlement project and shall, submit a post evaluation report to the Ministry of Railways and the World Bank within less than two years thereafter.

Chapter I Overview

1.1Project Description

1.Nanning to Guangzhou railway (It is only referred to the segment from Litang to Sanyanqiao in the project) is the backbone railway line from Guangxi, Yunnan to the coastal area in the southern part of China. It crosses Guangxi and Guangdong provinces. In the west, it starts from the Litang West Station of the proposed Liu-Nan special passenger line.Traveling along the XijiangRiver basin, it passes the following places in Guangxi:Guigang city, Guiping county, Pingnan county, Teng county and Cangwu county in Wuzhou city;it passes the following places in Guangdong: Yu’nan county in Yunfu city, Yun’an county and Yuncheng district,getting to Gaoyao city, Duanzhou district in Zhaoqing city. In Dinghu district, it will set up the New Zhaoqing station jointly with the Gui-Guangline. After that, it is planned to go parallel with theGui-Guang No.4 line (to be constructed)to get to New Sanshui district. The cargo train will go to Jiangcun marshalling station through Guangzhou-Zhuhai railway, while the passenger train will go to Guangzhounew station through Xin Foshan and Sanyanqiao. The total length of the segment from Litang to Sanyanqiao will be466.735km. The western segment of the line may go directly to the western part and Yunnan area through the line between Hunan and Guizhou with the connection of Nanning to Kunming railway; the eastern segment of the line is connected to Guangzhou hub, through the specific passenger line between Guangzhou, Shenzhen and Hongkong, through the coastal expressway to get further access to Pearl River Delta region and Fujian and Taiwan economic zones; it is the most convenient railway passage from Guangxi to the Pearl River Delta region in the 11th 5-year plan, and the convenient, rapid and capable new passage way from Yunnan and Western Guiyang region to the Pearl River Delta region and Fujian and Taiwan economic zone. Please refer to annex 1 to see the detailed routes.