Nam Theun 2 Trip Report and Project Update - BankTrack

International Rivers Network(F) managing on-site waste;(G) managing use and storage of chemicals, preventing anddeveloping emergency plans for chemical pollution incidents;(H) controlling noise, emissions and dust;28 Road construction and operationThe Monitoring Program shall be such as will enable theCompany to monitor and ensure compliance by the HCC withthe provisions in the HCCEMMP relating to road design, constructionstandards and applicable mitigation measures prior toand during the construction of those roads by the HCC. In thatregard the HCCEMMP shall provide for:(a) the alignment of roads to be designed to:(i) avoid large trees to the greatest extent reasonably practicableand otherwise so as to minimise damage to vegetation;(b) construction management to ensure that disturbance is limitedto the road easement;(c) the restriction of construction to the dry season when possible;(d) protection of susceptible soil surfaces with seeding and/ormulch;(e) protection of drainage channels with berms or fabric barriers;(f ) construction of sedimentation ponds and implementation ofother sediment control measures as necessary;(p) road quality and stability standards to be implemented;(q) erosion mitigation measures to be implemented;• The Lender’s Engineer and the Panel of Experts haveraised concerns about the Head ConstructionContractor and the subcontractors’ impacts in theseareas.World Bank and Asian Development BankPoliciesInvoluntary Resettlement PolicyWorld Bank OP 4.12: “Displaced persons should be meaningfullyconsulted and should have opportunities to participate in planningand implementing resettlement programs.” The policy coversthose people who suffer “direct economic and social impacts”including “loss of income sources or means of livelihood, whetheror not the affected persons must move to another location”.ADB OM Secton F2/BP: “Affected people are to be consulted oncompensation and/or resettlement options, including relocationsites, and socioeconomic rehabilitation. Pertinent resettlementinformation is to be disclosed to the affected people at key points,and specific opportunities provided for them to participate inchoosing, planning, and implementation options. Grievanceredress mechanisms for affected people are to be established. Whereadversely affected people are particularly vulnerable groups, resettlementplanning decisions will be preceded by a social preparationphase to enhance their participation in negotiation, planning,and implementation.”• The failure to ensure a meaningful consultationprocess has contributed to the confusion with theProject Lands compensation and livelihood restorationprocess.World Bank OP 4.12 requires that “taking of land and relatedassets may only take place after compensation has been paid”.• Compensation was not paid to Project Lands villagersbefore their lands and assets were taken.World Bank OP 4.12: “Preference should be given to land-basedresettlement strategies for displaced persons whose livelihoods areland-based…. If land is not the preferred option of the displacedpersons, the provision of land would adversely affect the sustainabilityof a park or protected area, or sufficient land is not availableat a reasonable price, non-land-based options built aroundopportunities for employment or self-employment should be providedin addition to cash compensation for land and other assetslost. The lack of adequate land must be demonstrated and documentedto the satisfaction of the Bank.”• It does not seem that sufficient replacement land hasbeen found for Project Lands villagers.World Bank OP 4.12: As a condition of appraisal of projectsinvolving resettlement, the borrower provides the Bank with therelevant draft resettlement instrument which conforms to thispolicy, and makes it available at a place accessible to displacedpersons and local NGOs, in a form, manner, and language thatare understandable to them. Once the Bank accepts this instrumentas providing an adequate basis for project appraisal, theBank makes it available to the public through its InfoShop. Afterthe Bank has approved the final resettlement instrument, theBank and the borrower disclose it again in the same manner.ADB OM Section F2/BP: “A satisfactory resettlementplan/framework must be submitted by the EA or the projectsponsors to ADB, preferably together with the project feasibilitystudy, but in any case, before project appraisal.”35