People’s Republic of China
YunnanPoor Rural Communities Development Project
financed by the World Bank and
UK Department for International Development
RP302 V. 1
Land Occupation and Resettlement Action Plan
For the year of 2005
(Revised Draft)
Foreign CapitalProjectManagementCenter of
Yunnan Poverty Alleviation Office
October 2004
Contents
Resettlement Objectives and Terminology Definition
Chapter 1 Brief Description of the Project
Chapter 2 Census and Socio-economic Survey of the Affected People and Assets
Chapter 3 Legal Framework
Chapter 4 Compensation Rates and Budget
Chapter 5 Resettlement and Rehabilitation Program
Chapter 6 Institutional Arrangements
Chapter 7 Consultation and Participation
Chapter 8 Redress of Grievances
Chapter 9 Internal and External Monitoring
1
Resettlement Objectives and Terminology Definition
The Land Occupation and Resettlement Action Plan is prepared according to the Laws and Regulations of PRC, and local area as well as the Guidelines of the World Bank (Operational Directive for Involuntary Resettlement OP/BP 4.12). The purpose of this document is to set out an action plan for the resettlement and rehabilitation of the project affected persons (PAPs) to ensure that they will benefit from the project and their standards of living will improve or at least be restored after the project impact.
A definition of PAPs is given below:
“Affected Persons” means persons who on account of the execution of the project had or would have their: a) standard of living adversely affected; or b) right, title or interest in any house, land (including premises, agricultural and grazing land) or any other fixed or movable asset acquired or occupied, temporarily or permanently; or c) business, occupation, work or place of residence or habitat adversely affected. PAPs may be individuals or legal persons such as a company, a public institution, including the followings:
a) persons who have a title, right, interest, in structures (houses, enterprises, shelters, or public buildings), land (including residential, agricultural, and grazing land)or any other asset acquired or occupied, in full or in part, permanently or temporarily;
b) persons who use the structures, land or assets described above; or persons whose business, occupation, work, place of residence or habitat adversely affected; or
c) persons whose standard of living is adversely affected as a consequence of land occupation or acquisition.
Definition of PAPs is not limited to their legal status, living style or business in the affected location, or their title to property Thus, it also includes:
a) all those affected by the project regardless of their legal rights or absence thereof to the assets being taken; and
b) persons without residential permit to live in a certain area.
Therefore all such persons who are affected will need to considered and recorded as PAPs, regardless of their legal property, land or social position.
If there are more than one person, family or household using or holding a title to the same land or property that is occupied or acquired, they will be compensated and rehabilitated according to the loss they suffer, their rights, and the impact on their living standards.The definition of PAPs is linked directly to the adverse effect of the project, regardless of legal rights title or interest.
All PAPs'are entitled to the improvement or at least restoration of their standards of living, and compensation for the material losses they suffer. Compensation for assets will cover replacement cost. No deductions or discounts will be applied to the compensation amount for depreciation or other reasons. All PAPs deriving an economic benefit from the affected land and property are entitled to receive rehabilitation benefits in addition to the compensation for their assets lost. Those PAPs without title, authorization or legal permission to reside, conduct business, cultivate land or construct structures are eligible for rehabilitation of their livelihoods and compensation for their assets on an equal footing with those with formal legal title, authorization or permissions to the assets.
The definition of“resettlement”is:
a) relocate living quarters;
b) finding acceptable new employment for those whose jobs are affected;
c) restoration (or compensation) of affected productive resources such as land, workplaces, trees and infrastructure;
d) restoration of other adverse effect on PAPs' living standards (quality of life) through land occupation or acquisition (such as the adverse effects of pollution);
e) restoration of or compensation for affected private and public enterprises;
f) restoration of adversely affected on cultural or common property.
The definition of “rehabilitation” is:
To restore of the PAPs' resource capacity to continue with productive activities or lifestyles at a level higher or at least equal to that before the project.
The objective of this plan is to provide a plan for the resettlement and rehabilitation of the PAPs so that their losses will be compensated and their living level will be improved or at least restored to the pre-project levels. To achieve these objectives the plan provides for rehabilitation measures so that the income earning potential of individuals are restored to sustain their livelihoods. Affected productive resources of businesses (enterprises including shops) and public property, infrastructure and cultural property will also be improved or at least restored to their pre-project levels.
1
YunnanPRCDPLand Occupation and Resettlement Action Plan for the year of 2005(revised draft)
Chapter 1 Brief Description of the Project
1.1 Introduction
The World Bank and UK Department for International Development (DFID)-financed Project, the China Poor Rural Communities Development Project (PRCDP) is located in Sichuan Province, Yunnan Province, and Guangxi Zhuang Autonomous Region. The objective of the PRCDP is to reduce poverty in Western China through a participatory and multisectoral attack on absolute poverty in an extremely resource-deficient area covering the worst affected upland areas of several inland provinces. Poor rural communities would design and implement activities to improve agricultural productivity and access to infrastructure in those areas. Therefore, participation is a key feature of project design, implementation, monitoring and impact assessment.
The YunnanPoor Rural Communities Development Project (hereinafter referred to as the Project)is one of the 3 independent provincial level projects under PRCDP. The total investment of the Project is planed to be US$50,620,000, among which, US$35,000,000 will be financed by the World Bank and DFID, and the remaining US$15,620,000 will be from domestic funds. The Project includes the following 6 components:
Agricultural
Including grain, cash crop, and tree plantation, livestock development, and processing subcomponents. The investment for this component accounts for 30.26% of the total.
Rural Infrastructure
Including transportation, water conservancy works, drinking water supply for humans and livestock, rural electricity, rural energy, farmer housing upgrading, and land improvement. The investment for this component accounts for 39.62% of the total.
Education
Including upgrading of teaching points and village schools, buying and upgrading desks and chairs and other teaching facilities, allowances on tuition fee, and illiteracy elimination and trainings of teachers. The investment for this component accounts for 8.3% of the total.
Health
Including upgrading and building of health services, and equipping with facilities, training of health workers, and health education.The investment for this component accounts for 4.37% of the total.
CommunityCapacityBuilding
Including training and extension of agricultural techniques,and founding of the project monitoring groups. The investment for this component accounts for 2.92% of the total.
InstitutionCapacityBuilding
Including institution building, project management, and personnel training at the 4 levels of the province, prefecture, county, and township, participatory monitoring, and monitoring system. The investment for this component accounts for 6.4% of the total.
Besides, the contingencies account for 8.13% of the total.
1.2 Project area
According to the requirements of the State Development and Reform Commission, World Bank, and DFID, based on the actual conditions of the province, the following main principles have beenfollowed in selecting the project areas, i.e. project counties:
1. They must be the key counties for poverty alleviation designated by the State.
2. Priority is given to the counties with more minority nationalities.
3、Priority is given to the populous counties.
4、All the selected project counties must be relatively concentrated.
According to the above principles, 6 counties have been selected as the Project counties:
ChangningCountyof BaoshanCity
LonglingCounty of BaoshanCity
YongdeCounty of LingcangCity
CangyuanVa Autonomous County of LingcangCity
XimengVa Autonomous County of SimaoCity
Menglian Dai LahuVa Autonomous County of SimaoCity
Among those 6 counties, Cangyuan, Ximeng, and Menglian are minority autonomous counties. In the project counties there are 532 administrative villages under 64 townships, with total population of 1,281,700.
The following main principles have been followed in selecting the project communities, i.e. project villages:
1、They must be with relatively concentrated poor people.
2、They must be relatively concentrated.
3、They must be the villages with moreminority nationalities.
According to the above principles, 187 villages under 37 townships, with total population of 382,000, have been selected as the Project villages
1.3 General socio-economic situation of the Project affected areas
1.3.1 YunnanProvince
The Project area-Yunnan is abbreviated as Yun, and is located in the Southwest region of China. The Province is surrounded by Guangxi and Guizhou in its east, Vietnam and Laos in the south, Tibet and Burma in the west, and Sichuan in the north.Yunnan has a total area of 394,000 sq.km.Mountains and highlands constitute 94% of the province's total area.Ethnic minorities in Yunnan account for 34% of its total population. Its total population is 43.33 million, and 66% of the total population is Han Nationality.The ethnic minorities account for 34% of the total population, which are mainlyYi, Bai, Hani, Zhuang, Daiand Miao.There are 16 cities and prefectures, 129 counties and county-level cities in Yunnan, the capital of which is KunmingCity.
Yunnan is one of the major production bases of copper, lead, zinc, tin and aluminum in China. The Province is also one of the major forest zones in China, its forest area accounts for 24% of the country's total. Its heavy industriesare related to processing of raw materials, and the light industries,processing of farm produces. Yunnan's main agricultural crops are rice, corn, wheat, sugar cane and beans as well as rubber, tea, tobacco, walnut, cashew nuts and coffee.Yunnan receives the largest number of tourists in western China, and it is one of the most popular tourist centers in China.Yunnan is linked with the ASEAN countries by land, hence, is a major China-ASEAN transportation hub.
1.3.2 ChangningCounty
It is located in the conjunction point among Dali, Lincang and Baoshan of west Yunnan, and is under the jurisdiction of BaoshanCity. Its total area is 3888 km2. Its total population is 335,000 persons. There are mainly 4 ethnic minorities, i.e., Yi, Miao, Hui and Dai, with the total population of 35,000 persons.
In 2001, its GDP was 990.24 million yuan, among that, the gross output value of agriculture, forestry, animal husbandry, and other were 431.05 million yuan. The local revenue was59.95 million yuan, and local expenditure, 173.68million yuan.The annual average net income per farmer in the County was 1143 yuan.
1.3.3 LonglingCounty
It is located in the west of Yunnan, and borders on Burma. Its total area is 2884 km2,among that, 392,862 mu is cultivated land. Its total population is 269,100 persons. There are 23 ethnic minorities, includingLisu, Yi, Dai, Achang, Bai, Hui, Jingpo and Deang, with the total population of 13,573 persons.
In 2003, its GDP was854,8 million yuan, among that, the gross output value of the primary, secondary, and tertiary industry were 357.3 million yuan, 196.8 million yuan, and 300.7 million yuan separately. The annual average net income per farmer in the County was 1508 yuan.
1.3.4 YongdeCounty
It is located in the west of Lincang. Its total area is 3208.06 km2.Mountains and highlands constitute more than 95% of its total area. Its total population is 324,000 persons, and the ethnic minoritiesaccount for 20.4% of the total population.There are 22 ethnic minorities, including Yi, Va, Blang, Dai, Lisu, Lahu and Deang.
In 2002, its GDP was 595.81 million yuan, among that, the gross output value of industry and agriculture were 193.68 million yuanand 432.46 million yuan separately. The local revenue of the County was 47.66 million yuan, and the annual average net income per farmer in the County was 703 yuan.
1.3.5 CangyuanCounty
It is located in the southwest of Lincang, and borders on Burma. Its total area is 2445 km2, among that, 480,000 mu is cultivated land. Its total population is 165,900 persons, and the total households, 41,045. Among that, 146,900 persons are ethnic minorities, accounting for 89% of the total population.The population of the main body nationality – Va Nationality is 133,600, accounting for 85% of the total population. The other ethnic minorities mainly include Dai, Yi, and Lahu.
In 2001, its GDP was397.11 million yuan, among that, the gross output value of the primary, secondary, and tertiary industry were 188.15 million yuan, 71.18 million yuan, and 137.78 million yuan separately. The local revenue was34.21 million yuan, and local expenditure, 133.96million yuan. The annual average net income per farmer in the County was 560 yuan.
1.3.6 XimengCounty
It is located in the southwest of Simao. Its total area is 1353.57 km2, among that, 189,300 mu is cultivated land. Its total population is 82,929 persons.There are mainly3 ethnic minorities, i.e., Va, Lahu and Dai. Va Nationality accounts for 72% of the total population.
In 2003, its GDP was 155.45million yuan, among that, the gross output value of the primary, secondary, and tertiary industry were 64.43 million yuan,39.54 million yuan, and 51.48million yuan separately. The local revenue was9.13 million yuan, and the annual average net income per farmer in the County was 669 yuan.
1.3.7 MenglianCounty
It is located in the southwest of Yunnan, and borders on Burma. Its total area is 1893.42 km2.Mountains and highlands constitute more than 98% of its total area. Its total population is 123,500 persons.The main ethnic minoritiesinclude Dai, Lahu, Va, Hani, Jingpo and Lisu.The population of the ethnic minorities is 98,800, accounting for 80% of the total population.
In 2000, its GDP was 222 million yuan. The local revenue of the County was 22.36 million yuan, and the annual average net income per farmer in the County was 798 yuan.
1.4 Minimization of land occupation and resettlement
The construction of some components of the Project, especially the infrastructure component, may involve land occupation and housedemolition. When selecting the subcomponents of the Project, the principles, such as reducing the cultivated land occupation, and avoiding or minimizing house demolition, have been followed. As soon as the resettlement starts, the implementation will be carried out in accordance with the Land Occupation and Resettlement Action Plan to minimize the Project impact. Even when the civil construction of the Project is initiated, further efforts, such as strengthening the management of construction, can be made to mitigate negative impacts on the PAPs.
Chapter 2 Census and Socio-economic Survey of the Affected People and Assets
2.1 Brief account of the survey
In order to know exactly and completely the impacts of the land occupation and acquisition and resettlement of the Project, before the compilation the Land Occupation and Resettlement Action Plan, between July and September 2004, the investigation team, which was organized by the Foreign Capital Project Management Center of Yunnan Poverty Alleviation Office, and composed of the personnel from the affected counties, conducted the detailed survey of impact inventory including population, houses, land, and infrastructure.
2.1.1 Impact inventory survey
Impact inventory survey were divided into: land occupation and acquisition survey, the Project affected people survey, house demolition and attachment survey, scattered tree survey, rural production and living facility survey, special facility survey, etc.. The detailed survey methods are described as follows:
Land occupation and acquisition survey
It was conducted according to the present conditions of land used, the cultivated land, grassland, forest land, housing plot were registered separately. The survey results were registered and counted up as every village and every piece of land.
Affected people survey
It was registered and counted up as numbers of actual Project affected persons. Affected persons of land occupation are registered and counted up as real number of land occupation households.
House demolition and attachment survey
The methods to check house property certificate, land-use certificate and combined with site actual condition survey were adopted. All land attachments and accessory facilities belonging to the resettles were registered and counted up one by one.
Scattered tree survey
It was registered and counted up as kinds of trees according to actual number.
Rural living and production facility survey
All of the living and production facilities affected by the Project were surveyed and registered by species.
Special infrastructures survey
The items Surveyed and counted up included water conservancy, power facilities and communication apparatus affected by the Project.
2.1.2 Socioeconomic survey
In order to analyze the Project impact and prepare practicable Land Occupation and Resettlement Action Plan, the relevant departments organized by the Foreign Capital Project Management Center of Yunnan Poverty Alleviation Office surveyed socioeconomic conditions of the counties, townships, villages. The survey adopted the methods of collecting present statistic data and surveying samples on field sites. According to the survey results, local socioeconomic situations and the villagers’ actual production and living conditions were analyzed carefully.
2.1.2.1 Documentary research
Documentary research was aimed to understand the history and current situations of the Project affected areas. It is a base and precondition to carry out a field survey.
General conditions of the areas affected by Project, socioeconomic situation and development plan
Collecting related documents and statistical data from the departments of plan and price of local governments including GDP, national income, gross output value of industry and agriculture, fiscal revenue, income level, agriculture product and by-product, price information needed, and livestock number. The information could reflect generally the local socioeconomic conditions.