Resettlement Policy Framework
Transcription
Resettlement Policy Framework
Principles and Objectives The MRIC shall have the following functions: Government projects must serve the public well. In the design and implementation of such projects, all efforts will be executed to help ensure that PAPs are not worse off. Moreover, the Project should provide an opportunity for the local population to derive benefits from it. Establishment of Resettlement Corridor of Impact (RCol) The RCOI will be established based on the width required to construct the proposed roadway and to provide additional clear zone adjacent to the existing road where possible with the goal to improve road safety. The width required for construction may be minimized by maintaining the existing alignment, wherever possible, and by using minimum pavement and shoulder widths where deemed appropriate in the design phase. The clear zone will be evaluated based on traffic volumes, design speed and area type. The RCOI will consist of 6.1 – 6.7 meters carriage way width plus shoulder, drainage and additional area on each side of the road for safety improvements, as shown in the diagram. Validate the list of PAPs and the affected assets within the municipality Assist in the conduct of public information and consultations Assist in the delivery of compensation and entitlement to PAPs Receive complaints and grievances of PAPs and other stakeholders and act on them as provided in this policy framework Maintain record of all public meetings, grievances and action taken In coordination with concerned government agencies, assist in the enforcement of laws/ ordinances regarding encroachment into the project RCOI Where should complaints be lodged, if necessary? Resettlement Policy Framework PACKAGE A Contact Persons: PACKAGE B Eligibility and Cut-off Date Only those PAPs found residing in, doing business or cultivating land or having rights over resources within the RCOI as of the cut-off date 12 July 2011 will be compensated of lost assets subject to eligibility criteria. Engr. Rolando M. Asis, Regional Director Candahug, Palo Leyte (053) 323-1004 email: [email protected] Engr. Teresita V. Bauzon, Officer In-Charge, MCC-PMO DPWH, 2nd St, Port Area, Manila (02) 304-3669 Email: [email protected] Engr. Pacita C. Gaban, District Engineer Eeatern Samar DEO, Borongan, E. Samar (055) 560-9423 Municipal Resettlement Implementation Committee (MRIC) MRIC will be established with the participation of PAPs in the implementation of RAP. The composition shall be the following: Municipal Mayor or representative District Engineering Office or Representative Barangay Chairman of each affected barangay Two (representatives of PAPs (one male & one female) in each affected barangay Representatives of NGOs operating within the municipality Engr. Nestor L. Pagasartonga, OIC-DE, Samar 2nd DEO Brgy. Guindapunan, Catbalogan, W. Samar (055) 251-6046 Engr. Reynaldo Galapon, MCC-Regional Coordinator DPWH-Regional Office Candahug, Palo Leyte (053) 323-1061/323-1025 email: [email protected] Dir. CristeZ. Navida, DPWH Environmental and social Services Office (02) 304-3525 TElefax (02) 3043415 email: [email protected] Secondary National Roads Development Project Wright—Taft—Borongan— Guiuan Road WRIGHT-TAFT-BORONGAN-GUIUAN ROAD PROJECT Introduction Recognizing the need to rehabilitate the Wright-Taft-Borongan-Guiuan Road in Western and Eastern Samar, the Government of the Philippines included the road in its list of projects to be financed by a grant from the U.S. Government’s Millennium Challenge Corporation (MCC). The Millennium Challenge Account-Philippines (MCA-P) is the Accountable Entity of the grant. The Department of Public Works and Highways (DWPH), as the Implementing Entity, expects project construction to start in 2012 and to be completed by 2016. Entitlement Matrix Type of Impact Land (Classified Agricultural / Residential / Commercial / Industrial / Institutional) Application Severely Affected: More than 20% of the total landholding is lost or where less than 20% lost but the remaining land holding becomes economically unviable. Entitled Person Project Description The road begins at the junction of Pan Philippine Highway and Buray (Wright) in Western Samar and passes along mountainous terrain to Taft. From Taft, it continues southward along the coastline of Eastern Samar ending in Guiuan. The total length of the road is approximately 222 kilometers. The project involves the construction/rehabilitation of existing roads and bridges that includes widening, drainage installation and other road safety improvements. The project recognizes DPWH standard right-of-way limit. However, in an attempt to minimize disruption to the inhabitants and users along the road, the right-of-way shall be limited to the construction limits, which is estimated at this time to have a width spanning the existing road width plus approximately 2-3 meters on each side of the existing pavement. Prior to the start of construction, the required right-of-way limit will be established to determine the actual land and improvements that will be affected. Project-Affected Parties (PAPs) will be duly notified and will have access to compensation in accordance with applicable laws and eligibility criteria. Holders of Certificate of Land Ownership Award (CLOA) granted under Comprehensive Agrarian Reform Act PAPs will be entitled to: Cash compensation at 100% replacement cost. Replacement cost will be determined at current market value. If feasible, land for land will be provided in terms of a new parcel of land of equivalent productivity in a nearby resettlement area with adequate physical and social infrastructure; Land tax for the first quarter in the host area, but PAPs will be liable for land taxation in arrears payable on their old property (this will be subtracted from the compensation prior to payment); Cash compensation, pro – rata to the affected area, for damaged crops and cost of production at market value at the time of taking; Rehabilitation assistance per family in the form of skills training, if the present means of livelihood is no longer viable and the affected family will have to engage in a new income activity; Disturbance Compensation, pro – rata to the affected area – if agricultural land is severely affected the lessees are entitled to disturbance compensation equivalent to 5 times average of gross harvest for the past 3 years, but not less than Php 15, 000.00; Structures (Residential, Commercial or Industrial / Institutional Resettlement Policy Framework The Resettlement Policy Framework (RPF) for the Project details the principles that guide the resettlement planning and implementation operations for the entire roadway project. The RPF was developed consistent with World Bank Policy OP 4.12 and International Finance Corporation Performance Standard 5, not contravening the laws of the Philippines. PAPs with Transfer Certificate of Title (TCT) or Tax Declaration (if Tax Declaration can be legalized to full title) or who are covered by customary law Entitlements Crops, Trees, Perennials Severely Affected: More than 20% of the total structure is lost or where less than 20% lost but the remaining structure is no longer functional as intended or no longer viable for continued use. Marginally Affected: Less than 20% of the total landholding lost or where the remaining structure can still function and is viable for continued use. Informal settlers and renters: being relocated Crops, Trees, Perennials PAPs without TCT Holders of free or homestead patents and CLOA under CA 141, or the Public Lands Act PAPs with or without TCT or Tax Declaration PAPs with or without TCT or Tax Declaration Owners / users of the resources Lack of economic opportunities Unemployed women / wives Women of PAPs Graves Grave sites within the alignment Vulnerable Severely or marginally affected Cost to relocate remains with associated cultural observance and family permission will be observed Poor, women, female – headed households, elderly, disabled Other Improvements Severely or marginally affected PAPs with or without TCT, tax declaration, etc. No compensation for land Compensated for land improvements only Cash compensation, pro – rata to the affected area for damaged crops at market value at the time of taking Agricultural lessors are entitled to disturbance compensation equivalent to 5 times the average of the gross harvest, pro – rata to the affected area, for the past 5 years but not less than Php 15, 000.00 Cash compensation for entire structure at 100% of replacement cost Option will be given, if available, for replacement of structure of equal value to that taken Rental subsidy for the time between the submission of complete documents and release of payment on land Cash compensation for the affected portion of the structure at 100% of replacement cost Transitional assistance in the form of 3 months rentals subsidy and assistance to find new residence to rent, will be provided Cash compensation at current market value as prescribed by the concerned LGUs and DENR Based on the Annual Gross Harvest for principal crops, pro – rata to the affected area; compensation for secondary crops based on the average annual gross harvest for last 3 preceding crop years; in no case shall compensation be less than Php 15, 000.00; Compensation for perennials for commercial value – as determined by DENR or Appraisal Committee; Compensation for damaged crops (palay and corn), pro – rata to the affected area, at market value at time of taking. Will be based on cost of production per hectare; Compensation for fruit – bearing trees will be based on assessment of the Provincial or the Municipal Assessors where the project is located; Apart from the following, the DENR no –tree cutting policy will be followed. Entitlement for fruit – bearing trees will be based on the assessment of the Province or Municipality where the project is located plus 1 year yield times 5 years. Young trees will be compensated a replacement cost for tree loss. For timber trees cash compensation will be provided base in value of wood volume times the market value of the wood. DPWH will be responsible for obtaining appropriate licenses and permits and tax payment of taxes and fees for removal of the trees. Rehabilitation assistance Vocational training The cost of replacement / interment of graves, including all religious / cultural rites will be provided. However, permission of surviving loved ones will be necessary. PAPs may be entitled to additional allowance. Land Tax for the first quarter may be payable (refer to 1. , Above) on host site for the first quarter PAPs will be entitled to cash compensation for the affected improvements at replacement cost.