Sustainable Power Sector Support Project (RRP SRI 39415) RESETTLEMENT PLAN Document Stage: Draft Project Number: 39415 vember 20 Democratic Socialist Republic of Sri Lanka: Sustainable Power Sector Support Project Prepared by the Ceylon Electricity Board and Sustainable Energy Authority of Sri Lanka The Resettlement Plan is a document of the borrower. The views expressed herein do not represent those of ADB s Board of Directors, Management or staff, and may be preliminary in nature due.
TABLE OF CONTENTS A. EXECUTIVE SUMMARY iii B. PROJECT DESCRIPTION 1 1. Overview 1 2. Project Components 1 C. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 4 1. Impact on Permanent Land Acquisition 4 2. Temporary Impact on Loss of Crop and Trees 4 D. SOCIOECONOMIC INFORMATION AND PROFILE 7 E. INFORMATION DISCLOSURE, CONSULTATION, AND PARTICIPATION 8 1. Public Consultation 8 2. Information Disclosure 9 3. Continued Consultation and Participation 9 F. GRIEVANCE REDRESS MECHANISMS 10 G. LEGAL FRAMEWORK 10 H. ENTITLEMENTS, ASSISTANCE AND BENEFITS 11 1. Eligibility 11 2. Entitlements 11 I. INCOME RESTORATION AND REHABILITATION 13 J. RESETTLEMENT BUDGET AND FINANCING PLAN 13 1. Compensation 13 2. Assistance 13 3. RP Implementation and Support Cost 13 K. INSTITUTIONAL ARRANGEMENTS 14 L. IMPLEMENTATION SCHEDULE 15 M. MONITORING AND REPORTING 15 ANNEXURE-1: DETAILED DESCRIPTION ON PROJECT COMPONENTS ANNEXURE-2: CENSUS QUESTIONNAIRE ANNEXURE-3: BASELINE SOCIO-ECONOMIC QUESTIONNAIRE ANNEXURE-4: FINDINGS OF THE BASELINE SOCIO-ECONOMIC SURVEY ANNEXURE-5: SUMMARY DETAILS OF THE CONSULTATIONS ANNEXURE-6: BRIEF OVERVIEW OF VARIOUS RELEVANT POLICIES ANNEXURE-7: MONITORING INDICATORS AND SAMPLE FOR STATUS REPORT i
LIST OF ABBREVIATIONS ADB - Asian Development Bank AP - affected persons BoI - Board of Investment CEB - Ceylon Electricity Board CPS - country partnership strategy EA - executing agency FGD - focus group discussion GoSL - government of Sri Lanka GRC - grievance redressal committee GRM - grievance redress mechanism HH - households IA - implementing agency ID - identity cards IP - indigenous people IR - involuntary resettlement LAA - Land Acquisition Act LKR - Sri Lankan rupee MLLD - Ministry of Land and Land Development MoPE - Ministry of Power And Energy NIRP - National Involuntary Resettlement Policy PEA - project executing agency PIU - project implementation unit PUCSL - Public Utilities Commission of Sri Lanka RoW - Right of Way RP - resettlement plan SIA - social impact assessment SLSEA - Sri Lanka Sustainable Energy Authority SPS - Safeguard Policy Statement ii
A. EXECUTIVE SUMMARY 1 The Sustainable Power Sector Support Project will assist the government of Sri Lanka (GoSL) to develop the following project components: (i) transmission system strengthening to further improve energy efficiency and enable rural electrification in Eastern, rth Central, Southern and Uva provinces; (ii) rural distribution system improvement in the Eastern and Uva provinces to increase access to electricity and rural household connections in impoverished areas, including those affected by the conflict in the recent years in the Eastern Province; and (iii) energy efficiency improvement and renewable energy development component. The project is expected to be financed with assistance of the Asian Development Bank (ADB). The Ministry of Power and Energy (MoPE) is the executing agency (EA), whilst the Ceylon Electricity Board (CEB) is the implementing agency (IA) for the transmission and distribution components, and two subcomponents of the energy efficiency and renewable energy component (reactive power management and Moragolla hydropower plant detailed engineering design). The Sri Lanka Sustainable Energy Authority (SLSEA) is the IA for the remaining energy efficiency and renewable energy sub-components. 2 The Resettlement Plan (RP) for the Sustainable Power Sector Support Project has been prepared in accordance with the requirements of the ADB Safeguard Policy Statement (SPS), 2009, the GoSL s National Involuntary Resettlement Policy (NIRP), 20, and the Land Acquisition Act (LAA) of 1950 (with amendments). The RP describes the level of impact caused by land acquisition due to the construction of the subproject components and identifies the compensation and rehabilitation measures for affected persons (AP). 3 Minimum land acquisition is required for the project, which is expected in one grid substation site. An assessment of land acquisition and resettlement has been carried out for the project and its components. Physical displacement is not required for the transmission, distribution or energy efficiency components. The grid substations proposed for the project will mainly be built on the existing government land. The substation at Vavunativu 1 is the only facility that will require the acquisition of 2 hectares (Ha) of private land, amounting to approximately 4% of the landowner s land hold. The construction of transmission lines will not entail land acquisition or resettlement impacts. However, temporary impacts are foreseen on crops during the implementation and construction of the project. A preliminary assessment has been carried out to calculate the approximate area of land to be considered for crop compensation due to the likely construction of the transmission lines. The assessment suggests that up to 3 Ha of private agricultural land could be temporarily affected due to damages caused to crops during the construction phase. This could potentially affect approximately 325 households, who own land along this stretch. 4 Consultations were held with relevant government officials (CEB, MoPE, SLSEA, Land Department, etc.) during the project planning and preparation phase. Consultations were also carried out with project affected peoples and other interested stakeholders in the local community. Focus group discussions (FGD) were conducted with the local community at 46 locations with a total of 405 participants across different project locations. Timely information will be disseminated to project affected stakeholders during the disclosure of resettlement planning documents. Resettlement information leaflets, containing information on compensation, entitlements and resettlement management provisions adopted by the project will be made available to affected stakeholders in the local language (Sinhalese). A summary of the RP and a copy of the entitlement matrix will be translated into the local language; and made available to affected stakeholders at CEB offices. The RP will also be disclosed on the EA and IA, and ADB websites. Consultations with project affected stakeholders will be ongoing through out the entire project cycle as necessary. 5 A grievance mechanism (GM) will be implemented to address any project-related concerns of APs. Grievances will first be redressed as per the Public Utilities Commission of Sri Lanka (PUCSL) Act. Grievances not addressed as per the standard PUCSL Act will be brought to the grievance redress committee (GRC). The GRC will consist of representatives from the APs, CEB, SLSEA, MoPE, divisional secretary, land officer under each divisional secretary, field level staff, and local community. The GRC will meet on a monthly basis (if grievances are brought to the Committee) to determine the merit of each grievance, and resolve grievances within a month of receiving the complaint. Unresolved grievances will be referred to a court of law for redressal. 6 The policy framework and entitlements for the project are based on the GoSL s Land Acquisition Act (LAA), 1950, the National Involuntary Resettlement Policy (NIRP), 20; and ADB s Safeguard Policy Statement, 2009. Based on the above policies, the following core involuntary resettlement principles have 1 Advance action is being taken by CEB where in CEB is currently in the process of getting a government land for Vavunativu grid substation, following which there will be no requirement for private land acquisition and hence no resettlement impact will be occurred. iii
been adopted for the project: (i) land acquisition and other involuntary resettlement impacts will be avoided or minimized by exploring all viable alternative project or component designs; (ii) time-bound resettlement plans will be prepared and milestones and assistance will be provided to APs to ensure that their standard of living and livelihoods are maintained or improved as a result of the project; (iii) ensure ongoing consultation with APs on compensation issues; timely disclosure of resettlement information; and inclusive participation of APs through out the planning and implementation phases of development; (iv) vulnerable and disadvantaged groups, including women headed households, will be provided with special assistance; (v) APs, including non-titled persons (e.g., informal dwellers or squatters, and encroachers), will be compensated for lost assets at replacement rates; (vi) compensation payments and resettlement assistance will be settled before the contractor acquires and takes possession of any land and prior to the commencement of construction activities; (vii) provision of income restoration and rehabilitation; and (viii) establishment of an appropriate grievance redress mechanism. All APs identified in the project-impacted areas within the specified cut-off date (30 June 20) will be entitled to compensation for their affected assets, and rehabilitation measures. APs who settle in the affected areas after the cut-off date will not be eligible for compensation. The project will recognize both titleholders and non-titleholders. Nº Type of Loss 1 Loss of private land 2 Loss of government land 3 Loss of trees and crops 4 Temporary loss of land Application Agricultural land, homestead land or vacant plot Vacant plot, agricultural land and homestead land Standing trees and crops Land temporarily required for sub-project construction Table 1: Entitlement Matrix Definition of Entitled Person Legal titleholders, APs with customary land right, APs with permit from local authority Appropriate government departments Legal titleholder/ tenant/ leaseholder/ sharecropper/ non-titled AP/ AP Legal titleholders, non-titled APs Entitlement Compensation at replacement value or on a land-for-land basis where feasible. Provision of stamp duty, land registration and documentation fee (at LKR 10,000 per title holder household) Transitional allowance based on three months minimum wage rates at LKR 12,000 per household tice to harvest standing seasonal crops. If notice cannot be given, compensation for crops will be provided. Additional compensation for vulnerable households Transfer of land through inter government department Payment of land value by CEB to the concerned government and departmental transfer of ownership. 60 days advance notice to harvest standing seasonal crops, if harvest is not possible, cash compensation for crops (or share of crops) equivalent to prevailing market price Cash compensation for perennial crops and fruit bearing trees based on annual net product market value multiplied by remaining productive years Cash compensation equivalent to prevailing market price of timber for non-fruit trees Additional compensation for vulnerable households Provision of rent for period of occupation for legal titleholders. Compensation for assets lost at replacement value. Restoration of land to previous or better conditions. Additionally, cash compensation will be paid for the temporary damage of crop Responsible Agency CEB/SLSEA through its respective PIU MoPE/CEB/S LSEA CEB/SLSEA through its respective PIU CEB/SLSEA through its respective PIU iv
Nº Type of Loss 5 Any other loss not identified 6 Impacts on vulnerable APs Application Definition of Entitled Person Entitlement under the right of way (RoW) during the maintenance and repair after the construction. In case there is a need for repair or maintenance of the transmission lines in the future, the project authorities would properly inform the land owners for access to the land for maintenance and repairs, when necessary, and the land owners will maintain their right to continue to use the land for farming activities. Additional assistance will be provided to vulnerable households. - - Unanticipated involuntary impacts will be documented and mitigated based on the principles of the Resettlement Plan. All impacts Vulnerable APs Land-for-land option will be a guaranteed option for vulnerable APs if available and if applicable in case of permanent land acquisition. If not available, assistance will be provided for identifying new land and acquired at replacement value where required. Additional allowance equivalent to LKR 10,000 for loss of land or structure Preference in project employment. Responsible Agency CEB/SLSEA through its respective PIU CEB/SLSEA through its respective PIU 7 The project will not result in permanent displacement, physical or economic. The project will impact on only one household who will lose a small portion of land, otherwise most impacts are associated with the temporary loss of crops, for which relocation and income restoration of APs is deemed temporary in nature. The resettlement cost estimate for this subproject includes eligible compensation, resettlement assistance and support costs for the implementation of the RP. CEB and SLSEA will arrange in advance to allot the required budget to meet the costs associated with land acquisition and resettlement resulting from this project. The total land acquisition and resettlement cost for the project is estimated at LKR 9.54 million. 8 Project Implementation Units (PIUs), including experienced staff headed by senior officers will be set up in CEB and SLSEA to undertake day-to-day project planning, implementation, and management activities. All land acquisition, resettlement, and compensation will be completed before the start of civil works. All land required for the project will be provided free of encumbrances to the contractor prior to handing over the sub-project sites and the start of civil works. The RP implementation schedule is tentatively calculated as one year. Monitoring will be the responsibility of the EA (MoPE) and IAs (CEB and SLSEA) through their respective PIUs. The PIUs will prepare monthly monitoring reports and will submit regular updates to the ADB. v
B. PROJECT DESCRIPTION 1. Overview 1. The Sustainable Power Sector Support Project will assist the government of Sri Lanka (GoSL) to develop the following project components: (i) transmission system strengthening to further improve energy efficiency and enable rural electrification in Eastern, rth Central, Southern and Uva provinces; (ii) rural distribution system improvement in the Eastern and Uva provinces to increase access to electricity and rural household connections in impoverished areas, including those affected by the conflict in the recent years in the Eastern Province; and (iii) energy efficiency improvement and renewable energy development component. The project is expected to be financed with assistance of the Asian Development Bank (ADB). The Ministry of Power and Energy (MoPE) is the executing agency (EA), whilst the Ceylon Electricity Board (CEB) is the implementing agency (IA) for the transmission and distribution components, and two subcomponents of the energy efficiency and renewable energy component (reactive power management and Moragolla hydropower plant detailed engineering design). The Sri Lanka Sustainable Energy Authority (SLSEA) is the IA for the remaining energy efficiency and renewable energy sub-components. 2. The proposed project is consistent with Sri Lanka's national and sector priorities. The government's main goals are to improve the quantity, quality, and cost of service delivery, and to increase electricity connections in rural areas. The proposed project is also consistent with ADB's Sri Lanka country partnership strategy (CPS). 2 To help the government achieving the above-mentioned goals, the CPS focuses, among other things, on (i) mitigating climate change through financing individual clean energy projects, including small and medium-scale hydro projects, (ii) funding transmission projects to remove grid constraints on absorbing additional capacity from renewable energy sources and achieve energy-efficiency improvements through strengthening of the transmission network, and (iii) improving connectivity for the poor. 3. This Resettlement Plan 3 (RP) is prepared for the Sustainable Power Sector Support Project in accordance with the ADB Safeguard Policy Statement (SPS), 2009, GoSL s National Involuntary Resettlement Policy (NIRP), 20, and the Land Acquisition Act (LAA) of 1950 with amendments. The RP contains the extent of impact caused by land acquisition due to the construction of the subprojects and identifies and defines the compensation and rehabilitation requirements for affected persons (AP) that is, in this particular case, primarily economic displacement due to minimum land acquisition expected in one grid substation, which will require the acquisition of less than 10% of land hold of one household. The RP is based on the engineering design and has been prepared in due consultation with project stakeholders. Attempts have been made by the engineering team during the design stage to minimize land acquisition and resettlement by adopting mitigation measures; i.e., selection of suitable sites. 2. Project Components 4. The proposed project will assist the GoSL to effectively implement the following project components: (i) transmission system strengthening to further improve energy efficiency and enable rural electrification in the Eastern, rth Central, Southern and Uva provinces; (ii) rural distribution system improvement in the Eastern and Uva provinces to expand rural household connections to the poor; and (iii) energy efficiency and renewable energy component. The transmission component will enable the GoSL to address post-conflict areas electricity needs and bring cheaper hydropower to the population in the rthern and Eastern parts of the country from the rth Central and Central provinces through various transmission lines and grid substations. Details relating to the subproject components are provided below. The project area of influence is depicted in Figure 1. Detailed description of each project component is provided in Annexure-1. 2.1. Transmission System Strengthening 5. The component will contribute to a reliable, adequate and affordable power supply for sustainable economic growth and poverty reduction in the Eastern, rth Central, Southern and Uva provinces. The strengthened transmission system will alleviate existing sub-standard voltage conditions in Ampara district and provide increased load capacity in the above-mentioned provinces leading to improved efficiency and reliability in power supply. The component includes the following sub-projects: 2 ADB. 2008. Country Partnership Strategy: Sri Lanka, 2009 21. Manila. 3 The project is categorised as category B since the impact on Involuntary Resettlement (IR) is insignificant. Resettlement is insignificant when less than 200 people experience major impacts defined as involving affected persons being physically displaced from housing and/or having 10% or more of their productive, income generating assets lost. Resettlement having insignificant IR impact is categorised as category B and requires a resettlement plan. 1
New Galle Power Transmission Development. Construction of New Galle 3 x 31.5 magavoltampere (MVA), 132/33 kilovolt (kv) grid substation and Ambalangoda-to-New Galle 40 kilometer (km) double circuit 132 kv transmission line. rth East Power Transmission Development. Construction of Mahiyangana-to-Vavunativu (via Ampara) 129 km double circuit 132 kv transmission line; Monaragala-to-Madagama 16 km double circuit 132 kv transmission line; stringing of second circuit of existing Kotmale-to-New Anuradhapura 163 km, 220 kv transmission line; Monaragala 1 x 31.5 MVA 132/33 kv grid substation; Vavunativu 2 x 31.5 MVA 132/33 kv grid substation; and Pollonnaruwa 1 x 31.5 MVA 132/33 kv grid substation; and augmentation of existing Ampara 132/33 kv grid substation with 2 x 132 kv feeder bays. 2.2. Expansion of Rural Electrification and Distribution System Improvement 6. This component will extend the low voltage (LV) system into remote villages and enhance capacity and contribute to a greater reliablity of distribution network in Ampara district in the Eastern Province and Haldummulla and Ragala Areas in the Uva Province. The component includes the following sub-projects: Ampara District Distribution Development Project. Construction of 165 km, 33 kv mediumvoltage (MV) and 593 km. 0.4 kv LV distribution lines, including 67 MV and LV distribution substations, to electrify 12,190 households. 4 Ampara District Distribution Network Reliability Improvement. Reliability Improvement of 33 kv network comprising installation of 75 auto-reclosers and 100 load break switches. Eastern Province Distribution Capacity Development. Purchase of tools and specialized vehicles for 30 line gangs in Ampara, Batticaloa and Trincomalee districts to enable implementation of rural electrification as well as future and ongoing MV and LV line maintenance. 2.3. Energy Efficiency and Renewable Energy 5 Tea Estate Micro-Hydro Rehabilitation and Repowering Pilot. Comprising (a) consulting support to develop a detailed technical specification and funding eligibility criteria for micro-hydro rehabilitation and grid connection, and for provision of engineering assessment and monitoring of projects for the duration of the pilot; and (b) funding for approximately 19 micro-hydro projects providing approximately 1.3 megawatt (MW) of grid connected capacity on a net metering basis. Reactive Power Management. Comprising installation of 40 megavolt-ampere reactive (MVAr) breaker switched capacitor banks at Aniyakanda (10 MVAr), Ambalangoda (10 MVAr) and Katunayake (20 MVAr) grid substations to facilitate transmission line loss reduction. Moragolla 6 Hydropower Station. Preparation of a detailed engineering design of approximately 30 MW run-of-river hydropower station for possible financing under a subsequent ADB loan. This includes the review of the feasibility study, detailed engineering design and preparation of bidding documents. 4 Poor households will be provided with credit support to be recovered in instalments over an extended period of time to enable them to finance initial connection charges. The credit will be available through the ADB's Clean Energy and Access Improvement Project approved in 2009 and covering Ampara district among the three selected project districts. 5 Some interventions (i.e., energy appliance testing laboratory, except lighting appliance testing equipment to be financed from loan proceeds; training of energy auditors; and energy efficient lighting) under this component will be financed by attached TA for Implementation of Energy Efficiency Policy Initiatives on a grant basis from the Asian Clean Energy Fund under the Clean Energy Financing Partnership Facility and administered by ADB.. 6 The feasibility study for Moragolla hydropower plant was prepared with financing from the Kuwait Fund for Arab Economic Development. 2
Figure 1: Map of Project Area 220 kv Line 132 kv U/G Cable 132kV Tx Line 132 kv Tx Line (Future) 220/132 kv Substation 132 kv Substation Hydro Power Station Thermal Power Station New 132/33 kv Polonnaruwa Grid Substation (1x31.5MVA) New Double Circuit 132 kv Mahiyangane Vavunativu Tx Line via Ampara (129 km) Ampara District Distribution Development and Network Reliability New 132/33 kv Vavunativu Grid Substation (2x31.5MVA) Second 220kV Circuit Anuradhapura - Kotmale Tx Line (163 km) Estate Micro-Hydro Rehabilitation and Moragolla HPP Detailed Design Ambalangoda - New Galle 132kV Double Circuit Tx Line (40 km) Strengthening of Distribution System in Uva Province New 132/33 kv Monaragala Grid Substation (1x31.5MVA) 132/33 kv New Galle Grid Substation (3x31.5MVA) Monaragala 132 kv Line in Line Out Transmission Line (16 km) 3
C. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 7. A census survey was carried out using the structured questionnaire (Annexure-2) for the permanent impact, especially for the private land acquisition, in the months of April - June 20. All the project sites were visited and assessed for the IR impacts. The survey team was trained by an international resettlement specialist and the survey was closely monitored on a regular basis. The census survey included various aspects such as (i) assessment of land including quantity and typology, (ii) inventory of physical assets, (iii) potential income loss, (iv) impact on trees, (v) household characteristics, including social, economic and demographic profile, and (vi) presence of informal settlers and non-titleholders. 1. Impact on Permanent Land Acquisition 8. Minimum land acquisition is required for the project. An assessment of land acquisition and resettlement has been carried out for the project and each of its components. ne will require physical displacement of affected people. This is common of projects that include transmission, distribution and energy efficiency components, as transmission lines require small areas of land, are generally located on existing government land, distribution lines are fixed along roads or existing easements and along roads given their isolated and small footprints. Construction of grid substations usually require small land parcel and land acquisition. The grid substations under the project will mostly be constructed on government land. The project will involve the construction of five new substations. Four out of five substations are proposed either on government or CEB land (Galle, Monaragala, Polonnaruwa, and Ampara). There is only one substation at Vavunativu, 7 for which 2 hectares (Ha) of land is needed, that requires acquisition of private land. The impact is limited as the amount of land required for acquisition is very small compared to the total land holding of the household. According to the census survey, it is revealed that the percentage of loss is only 4% compared to the total land holding (total land holding is 125 acres and the affected land is only 5 acres). This household does not belong to an indigenous peoples group (IP) or to an ethnic minority. However, the household falls under the vulnerable category as it is a woman headed household for which additional compensation provision has been made in the entitlement matrix. There are no structures and no trees found to be affected inside the land parcel. The land is privately owned agricultural land, which does not have any share cropper or tenant. The total annual income of the household is LKR 200,000 which shows that the household does not fall below the poverty line. Therefore, this is considered to be an economically displaced household and the total numbers of economically displaced persons are two, one male and one female member. 2. Temporary Impact on Loss of Crop and Trees 9. The construction of transmission lines will not require land acquisition nor will it cause resettlement impacts. However, temporary impacts are foreseen on crop damage during the implementation and construction of the project activities. Efforts will be made to schedule the construction activities during the off season cultivation period. The compensation will be paid in cash before the construction activities begin, except in cases where dispute of ownership arises, which shall be settled before making the payment. A walkover survey was carried out on a sample basis. Additionally an assessment has been made to calculate the approximate area of land to be considered for crop compensation due to the likely construction of transmission lines. As per the assessment, approximately 3 HA of private agricultural land will be temporarily affected considering the loss of crop during the construction, which will have approximately 325 households (HHs). The distribution and energy efficiency will neither have permanent and temporary impacts on land acquisition and resettlement. The summary details on the assessment of land acquisition and resettlement for each project component are described in Table 2 7 Advance action is being taken further by CEB where in CEB is currently in the process of getting a government land for Vavunativu substation following which there will be no requirement for private land acquisition and hence no resettlement impact will be occurred. 4
Table 2: Impact on Land Acquisition and Resettlement Project Components Unit Quantity Impact on Private land Acquisition and Resettlement i. Transmission System Strengthening a. Grid Sub Stations a-1 New 3 x 31.5 MVA 132/33 kv New Galle Grid Substation a-2 New 1 x 31.5 MVA 132/33 kv Monaragala Grid Substation a-3 T2b New 1 x 31.5 MVA 132/33 kv Polonnaruwa Grid Substation a-4 New 2 x 31.5 MVA 132/33 kv Vavunativu Grid Substation a-5 Existing Ampara 132/33 kv Grid Substation b. Transmission Lines b-1 Ambalangoda to Galle 132 kv Transmission Line b-2 Mahiyangana to Vavunativu 132 kv Transmission Line via Ampara b-3 Medagama to Monaragala 132 kv Transmission Line Number (Area in Ha) Number (Area in Ha) Number (Area in Ha) Number (Area in Ha) Number (Area in Ha) 1 (2 Ha) 1 (1 Ha) 1 (1 Ha) 1 (2 Ha) 1 (0.5 Ha) Temporary Impact on Crops 8 Remarks (Status on Land Ownership and Possession) t Required Nil Existing CEB owned land, as the proposed substation will be constructed adjacent to the existing substation t Required Nil Existing Government land is available, which is free from encroachment and squatters t Required Nil Government land belonging to the Board of Investment (BOI) is available, free from encroachment and squatters Required Nil Private land acquisition required. The total land requirement is 5 Acres equivalent to 2 Ha. The land belongs to one land owner and is equivalent in size to 4% of the landowners total land hold. t Required Nil km 40 t Required (36 Ha of land for crop compensation) = 39 HH km 117 t Required (105 Ha of land for crop compensation) = 113 HHs km 16 t Required (14 Ha of land for crop compensation) =15 Impacts are temporary in nature and are limited to minimal damage to crops during the construction phase Impacts are temporary in nature and are limited to minimal damage to crops during the construction phase Impacts are temporary in nature and are limited to minimal damage to crops during the 8 The calculation to assess the area to be considered for crop loss under transmission lines is based on current assumptions. It should be noted that the detailed route survey will clearly demarcate the tower footings and right of way (RoW) which is done prior to the commencement of civil works. The RoW has been considered as 30 metres and the total length of each transmission line has been multiplied by the proposed RoW width which gives the total area to be covered under the transmission lines. In Sri Lanka, 30% o the land is used for productive activities and cultivation (agriculture). The average land holding size per household in Sri Lanka is approximately 0.93 Ha (less than a hectare). The total area of the calculated agricultural land is divided by the average land holding size which gives the approximate numbers of households to be temporarily affected due to the temporary loss of crop. 5
Project Components Unit Quantity Impact on Private land Acquisition and Resettlement b-4 Kotmale to Anuradhapura 220 kv Transmission Line Second Circuit Stringing Temporary Impact on Crops 8 HHs km 163 t Required (147 Ha of land for crop compensation) = 158 HHs ii. Expansion of Rural Electrification and Distribution System Improvement 9 1 Construction of mediumvoltage (MV) distribution lines 2 Construction of lowvoltage (LV) distribution lines 3 Construction of MV/LV distribution substations III. Energy Efficiency and Renewable Energy 10 1 Tea Estate Micro-Hydro Rehabilitation and Repowering Pilot Project Source: Census and Field Survey, April-June-20 Remarks (Status on Land Ownership and Possession) construction phase Impacts will be temporary in nature and involve minimal loss crop damage during construction km 165 t Required Nil The distribution lines are mostly done through poles and will not have any impact. Preference is always given to off season cultivation for construction activities. km 593 t Required Nil The distribution lines are mostly done through poles and will not have any impact. Preference is always given to off season cultivation for construction activities. Number 67 t Required Nil The sub stations are pole based transformers which will have no impact to landowners/crops Number 19 t Required These are the exiting micro hydro plants inside the existing tea estates. Hence, no land acquisition is required 9 The other two subcomponents (i- Ampara District Distribution Network Reliability Improvement and ii- Eastern Province Distribution Capacity Development) under this component are non-physical items, which will not entail land acquisition and resettlement. 10 The other two subcomponents (i- Reactive Power Management and ii- Moragolla Hydropower Station) under this component are non-physical items, which will not entail land acquisition and resettlement. 6
D. SOCIOECONOMIC INFORMATION AND PROFILE 10. In addition to the census survey, a social analysis has been carried out in both the project area and in the control group through a sample socio-economic baseline HHs survey of approximately 1,500 HHs in the project area and 3 HHs in control group during April to June 20. The survey was carried out using a structured questionnaire (Annexure-3). The socio-economic survey covered about 93.67% HHs in the rural area and about 5.93% in the semi-urban area. Among the respondents, about 98% belong to simple HHs and 1.8% are shop owners. The ethnic composition is dominated by Sinhalese comprising 86% followed by Tamils (8.87%). The average family size is 4.14 and the sex ratio is 971 females per 1,000 males. In 11.8% the HH was headed by a woman in the project area. About 24.62 % of the population is illiterate. Ground water from wells in residence is the major source of water (41.82%) followed by public well access by 31.49% of the HHs. Tap water is accessed by 16.49% of the HHs in the project area. About 78.67 % of the HHs have their own flush toilet and 7.13 % have no toilet facility and depend on the neighbouring fields. Agriculture as main activity is as practiced by 44.13 % of the HHs followed by daily wage earners (27.2%). Similarly about 7 % of the HHs has agriculture as allied activities followed by working for other farmers and daily wage earners. White collar jobs like working in government sector is reported by 17.27 % of the HHs and 3.3 % work in private sectors. About 6.67% of the HHs have a small business. 11. The total average annual income per HH is LKR 171,983.82. About 9.27 % of the HHs report having loans. The average landholding size is of 0.93 hectares. About 81.7 % of the total land is cultivable. Rice cultivation is practiced by the majority (73.72 %) of HHs followed by vegetable cultivation 7.25%. The pattern of expenditure is reported to be more on food (52.21 %) to the total reported expenditure. About 15.27 % of HHs report having a health centre within the village. In 14.8 % of the HHs at least a family member was sick during the last one year preceding this survey. Migration is reported in 10.53 % of HHs. Among the migrated HHs about 95.57 % migrated individually and the rest with family. About 59.49 % of the HH members migrated to outside of the district, 19.62% to the capital city and 12.03% outside of the country. Mostly the migrated males and females are engaged in private and government jobs. About 77.8% of the women in the HHs are engaged in HH activities besides other activities. About 51.47 % of the women in the surveyed HHs are engaged in agriculture, and 19.87 % are engaged in allied activities like poultry, dairy, etc. Similarly 17.7% are engaged in the collection and sale of forest product. Women s participation in the HH decision making is positive. About 87.6 % of HHs report women participation in day-to-day activities of the HH in general. The women spent about 2 hours and 53 minutes in cooking and 4 hours and 10 minutes in average caring the young and the sick. On safety of women during day time, about 96.8 % of the HH reported feeling safe and during night time the safety perception decreases to 62.47 %. About 97.60 % of the surveyed structures are residential and 1.67 % are commercial. The average age of the structures is 10 years and 8 months. 45.07 % of the structure roofs are tiles, followed by asbestos sheet (23.13%) and corrugated iron sheet (22.13 %). Similarly 63.20 % have concrete floors and 29.67 % are made of earth/clay/ sand. About 65.67 % of the structure walls are made of bricks. 79.40 % of the structures are permanent, 11.67 % are temporary and 8.93 are semi-permanent. The average number of rooms per structure is 2.84 and only 1 room is lighted. 12. As per the survey, only 28.47 % HHs are electrified. About 63.23 % get power from solar energy and 36 % from the national grid. The majority (about 95.55 %) of electrified HHs use electricity for lighting and 72.37 % have TV and radio. Similarly 6.56 % of the HH also use electricity for pumping water. About 25.53% have an electric meter at their HH. The average monthly electricity bill is LKR 90.75 among the electrified HHs. About 35.36 % of the HHs also extensively use non-electric energy such as kerosene and wood. Unelectrified HHs use kerosene and diesel for lighting purpose (95 %). The average expenditure on kerosene and diesel is LKR 581.29 per month by unelectrified HHs. About 87.87 % reported that they pay their electricity bill regularly. Details on the findings of the baseline survey are given in Annexure-4. 13. The census survey revealed that only one woman headed HH will be affected by the project. Women in the project area are largely involved in HH work, cultivation and other agricultural activities. Women will not be affected negatively due to the project. Any negative impacts of project on female-headed HH will be taken up on a case-to-case basis and assistance to these families will be treated on a priority basis. During disbursement of compensation and provision of assistance, priority will be given to female-headed HHs. Additionally, women headed HHs are considered as vulnerable and provision for additional assistance has been made in the entitlement. Provision for equal wage and health safety facilities during the construction will be ensured by the EA and IA. Therefore, the project activities will not have any negative impact on women. Additionally, a Gender Action Plan has been prepared for the entire project component, which has been appended to the project document. The will be no impacts foreseen on indigenous peoples, therefore, no action has been taken. 7
E. INFORMATION DISCLOSURE, CONSULTATION, AND PARTICIPATION 1. Public Consultation 14. Public consultation was carried out in the project areas with the objectives of minimizing probable adverse impacts of the project and to achieve speedy implementation of the project through bringing in awareness among the community on the benefits of the project. During project preparation, consultations have been held with the concerned government officials (CEB, MoPE, SLSEA, Land Department, etc.). Additionally, consultations were also carried out with the affected persons (APs) in the project area and with local community. Focus group discussions (FGD) were conducted with the local community at 46 locations with a total of 405 participants at different project locations. The issues covered during these consultations included the selection of project sites and the identification of potential impacts and other key issues, including addressing the current gaps in electric usage. These consultations provided inputs in identification of the felt needs of the communities and the relevant stakeholders. The primary stakeholders are the APs, i.e., land owners who are going to lose small piece of land, the farmers who will be impacted temporarily due to loss of crop, local community, and EA and IA. The methods used for the consultations are individual meetings, interviews, structured questionnaires, open ended questionnaire and FGD with local community. A brief summary on public consultations is described in Table 3 and the detailed summary on various FGD is given in Annexure 5. S.Nº A B 8 Place Colombo and other project site offices in Sri Lanka Sri Lanka (Various Project Locations) Kataboola Tolabola, Udahentenna Wellandura Strathodon Elteb Rassagala Glassough Nanu Oya Udaradella Tillyrie Hapugammana Parasas-ella Ederapola Madacombra Pitarathmale Demodara Moray Thalawakele Maskeliya Ragala Date 20 March to June March to June Table 3: Summary of Consultations Participants and Numbers Government (CEB engineers, environment officer in CEB, engineers in SLSEA, officer in Land Ministry and field level CEB officials) Approximately 9 officials were consulted APs and Local Community (405 participants) Issues discussed Assessment of the environment and social safeguard capacities of the CEB Understanding of the externally funded projects implemented to date, key issues pertaining to environmental management, including land acquisition and resettlement Siting of the project components to avoid impacts on land acquisition and resettlement Awareness about the project and social impact Benefits of the projects Social and environmental problems in the region Presence of environmental sensitive areas in the region Health and safety issues Compensation payment mechanism Incorporation into RP and Project design Capacity building program, for training on environmental, social and involuntary resettlement aspects to the CEB engineers and environment divisions, as part of the project, Training on requirements of ADB s new Safeguard Policy Statement, 2009. Site visits and consultations with owners of the land parcels where the substations are proposed to be established Assets on land, including structures, trees evaluated, and compensation provided for in the RP for the project. Avoidance of socially and culturally sensitive areas including the environmentally sensitive areas Compensation to be paid as per the fair
S.Nº Place Gonapitiya Walapane Lathugala Bodagolla Dewagramam Aligambe Bakinigasdoowa Sadunpura, Bambarawana Kahatagasyaya Kalugolla Galoyapallama Tempana Hagamwala Dambana Indigenous village Panapitiya Galmaduwa Akkaraipattu Hijira Junction Dehigolla Meegasthenna Naranwana Naranwana Hillside watta 69 th Junction Udayapura Mihindupura 49 Colony Thapalpola Welampale Date 20 Participants and Numbers Issues discussed initiatives for minimal environmental/social impacts Presence of indigenous people Likely participation of the people for the future project implementation Incorporation into RP and Project design market value equivalent to replacement value Potential likely employment of the people in the project activities. 2. Information Disclosure 15. To ensure transparency and the ongoing involvement and participation of APs and other stakeholders, project information will be disseminated through the disclosure of resettlement planning documents. Resettlement information leaflets containing information on compensation, entitlement and resettlement management adopted for the project will be made available in the local language (Sinhalese) and the same will be distributed to APs. The EA and IAs will keep the APs informed about the impacts, the compensation and assistances proposed for them and facilitate addressing any grievances. The information will also be made available at a convenient place, easily accessible to the APs. The summary of the RP and the entitlement matrix will be translated into the local language; disclosed to the APs; and made available at CEB s offices. A copy of the RP will be disclosed on the EA, IA and ADB website. 3. Continued Consultation and Participation 16. For continued consultations, the following steps are envisaged in the project: The EA/IA will organise public meetings and will apprise the communities about the progress in the implementation of resettlement, social and environmental activities. The EA/IA will organise public meetings to inform the community about the compensation and assistance to be paid. Regular update of the progress of the resettlement component of the project will be made by the IA. All monitoring and evaluation reports of the resettlement components of the project will be disclosed in the same manner as that of the RP. The EA/IA will conduct information dissemination sessions at major intersections and solicit the help of the local community leaders to encourage the participation of the APs in RP implementation. 9
10 Key features of the entitlements will be displayed along the project corridor. Attempts will be made to ensure that vulnerable groups understand the process and to take their specific needs into account F. GRIEVANCE REDRESS MECHANISMS 17. An efficient grievance redress mechanism (GRM) will be developed to assist the APs resolve their queries and complaints. The GRM for the infrastructure development project provides an effective approach for complaints and resolution of issues made by the affected community in reliable way. This mechanism will remain active throughout the life cycle of the project. Public Utilities Commission of Sri Lanka (PUCSL) Act creates an environment for all inhabitants of Sri Lanka and the contributors to its development, to have access to essential infrastructure and utility services in the most economical manner within the boundaries of the sustainable development agenda of the country. PUCSL s mission is to regulate all the utilities within the purview of the project approving authorities (PAAs), to ensure safe, reliable and reasonably priced infrastructure services for existing as well as future consumers in the most equitable and sustainable manner. All the members in PUCSL need to be informed by the PIU regarding procedures of the GRM. The initial level of grievance will be addressed as per the PUCSL s standard mechanism. 18. Grievances not settled as per the above PUCSL s standard mechanism will be brought to the grievance redress committee (GRC). The GRC will have representatives from APs, CEB, SLSEA, MoPE, divisional secretary, land officer under each divisional secretary, field level staff, and local community where necessary. The main responsibilities of the GRC will be to: (i) provide support to APs on problems arising from land/property acquisition; (ii) record AP grievances, categorize, and prioritise grievances and resolve them; (iii) immediately inform the EA and IA of serious cases; and (iv) report to APs on developments regarding their grievances and the decisions of the GRC and the PIU. Other than disputes relating to ownership rights under the court of law, the GRC will review grievances involving all resettlement benefits, compensation, relocation, replacement cost and other assistance. The GRC will meet every month (if grievances are brought to the committee), to determine the merit of each grievance, and resolve grievances within a month of receiving the complaint, failing which the grievance will be referred to the appropriate court of law for redressal. Records will be kept for all grievances received, including contact details of the complainant, date the complaint was received, nature of grievance, agreed corrective actions and the date these were effected, as well as the final outcome. The GRC will continue to function during the life of the project including the defects liability period. G. LEGAL FRAMEWORK 19. The policy framework and entitlements for the project are based on GoSL s Land Acquisition Act (LAA), 1950, the National Involuntary Resettlement Policy (NIRP), 20, and ADB s Safeguard Policy Statement, 2009. A brief description on applicable laws and policies to the project are described in more detail below. The salient features of the government s and ADB polices, along with a gap analysis are summarized in Annexure-6. 20. The law governing acquisition of land for public purposes is the Land Acquisition Act (LAA), enacted in 1950, which has been the subject of several amendments and revisions. LAA provides the legal basis to acquire land, if required for any project including in the electricity sector. The LAA sets out the procedures for acquiring land and for payment of compensation for acquired land. To ensure that people affected by development projects are treated in a fair and equitable manner, and that they are not impoverished in the process, GoSL has adopted the National Involuntary resettlement Policy (NIRP) in 20. This policy established the framework for project planning and implementation. 21. The gap in Sri Lanka s Land Acquisition Act of 1950 is that the Act provides only for compensation for land, structures and crops. It does not require project executing agencies to address key resettlement issues such as (a) exploring alternative project options that avoid or minimize impacts on people; (b) compensating those who do not have title to land; (c) consulting affected people and hosts on resettlement options; (d) providing for successful social and economic integration of the affected people and their hosts; and (e) full social and economic rehabilitation of the affected people. 22. ADB has adopted Safeguard Policy Statement (SPS) in 2009 including safeguard requirements for environment, involuntary resettlement and indigenous people. The objectives of the policy are to avoid involuntary resettlement wherever possible; to minimize involuntary resettlement by exploring project and design alternatives; to enhance, or at least restore, the livelihoods of all displaced persons in real terms relative to pre-project levels; and to improve the standards of living of the displaced poor and other vulnerable groups. The involuntary resettlement safeguards covers physical displacement (relocation, loss of