Country S f C Safeguards S d Systems Regional Workshop

Towards Common Approaches and Better Results

18 19 April 2012 ADB HQ Manila Philippines
The views in this presentation are the views of the author and do not necessarily reflect the views or policies of the Asian f f f Development Bank (ADB), or its Board of Governors, or the government they represent. ADB does not guarantee the accuracy of the data included in this presentation and accepts no responsibility for any consequence of their use. Terminology used may not necessarily be consistent with ADB official terms.

TA 7566-Subproject: 7566Lao PDR: Strengthen the Capacity of WREA to Implement Lao p Resettlement Policies

Mr. Thavone Vongphosy

Deputy Director General Department of Environmental and Social Impact Assessment

Ministry of Natural Resources and Environment

Outlines
1.

2.

3. 4. 5.

Overview of the Lao Policy on National y Economic Development Rationale for the Subproject and Importance of the Decree 192 on Compensation and esett e e t Resettlement Subproject Outcome and Outputs Lessons Learned from the TA Subproject L L df th S b j t Future Steps and Opportunities for Partnership to Strengthen Lao PDR Country Safeguards System for LARC

1. The Lao Policy on National Economic D l E i Development t

The 7th National Socio-Economic SocioDevelopment Plan (2011-2015) (2011-

Policy on National Economic Development 1/3

1. 2.

Lao PDR aims to graduate from being a least developing country by 2020. The strategies for achieving this graduation include: Stabilize economic growth by 8% Become a major raw minerals and electricity B j i l d l i i supplier (battery of Southeast Asia)

Policy on National Economic Development 2/3

1. 1

Stimulating national growth with three pronged approaches:

Expand industry, mining, energy and commerce and industry mining commerce, develop mega projects in the mining and hydropower sectors to become the principal export earner for the economy.

2.

3. 3

Support Small and Medium Enterprises in various sectors to create off-f rm j b and contribute t t r t r t off-farm jobs d ff trib t to export. Promote agro-industrialization of rural areas to add agrovalue to the agriculture sector and provide a forward link in the value chain.

Policy on National Economic Development 3/3

1. 1 2.

Implementation of the National Policy Infrastructure Development Energy Sector: Hydropower Development Mining Sector: Total of 194 companies since 1993 out of which 58 companies are being f hi h i b i issued by DESIA starting from 2007 (Source: Ministry
of Energy and Mines, Nov 2011) Mines

3.

Agriculture Sector: 14 projects issued by DESIA (MONRE)

(Source: DESIA/MONRE, Mar 2012)

2. R ti 2 Rational for the Subproject and l f th S bp j t d Importance of Decree 192 p

The Impact of the National Policy

Rational for the Subproject and the Importance of D I f Decree 192 1/3

Infrastructure development activities require large areas of rural land where mostly ethnic groups reside
Thousands of people are affected by infrastructure development projects each year. While infrastructure development is rapidly growing, there is limited knowledge and application of g pp national social and environmental safeguard standards.

Rational for the Subproject and Importance of Decree 192 2/3

To respond to these challenges and assist the affected people to have better living conditions , the Government has developed laws and regulations on environmental and social safeguards, including:
Environmental protection law Land and mineral laws Decrees and reg lations on social impact mitigation and regulations compensation, and environmental impact assessment Standard environmental and social obligations (An annex to Concession Agreement)

Some Selected Policies on LARC

Decree 192/PM (Jun 2005): Compensation and Resettlement of Development Projects

all pr j t affected people are compensated and assisted to improve or m i t i ll project ff t d p pl r mp t d d i t d t impr r maintain their pre-project incomes and living standards, and are not worse off than they prewould have been without the project

National Policy on Environmental and Social Sustainability of the y y Hydropower Sector (2006)

Basic statement on the national policy compliance: (1) Economic sustainability relies on the maintenance of renewable/non-renewable resources, (2) Social renewable/nonsustainability is based on the principles of inclusiveness mutual understanding and inclusiveness, consensus, and (3) Ecological sustainability relies on avoidance of irreversible environmental impact all investment projects which create or may create adverse environmental and social impact are designed with the right and appropriate environmental and social impact prevention and mitigation measures or the EMMP and SMMP be liable to pay compensation for damages incurred from the impact of mining operations.

Decree 112/PM (Feb 2010) on Environmental Impact Assessment

Mineral Law (March 2010) Article 60 Environmental and Social Protection 2010), 60,

Rational for the Subproject and Importance of Decree 192 3/3

Establishment of a Government authority to oversee environmental management and social safeguards. ir m t l m m t d i l f rd Ministry of Natural Resources and Environment (MONRE ) established on 24 June 2011 ),

Before STEA, May 1999 WREA, May 2007 STEA, WREA,

DESIA was established under WREA in 2007

3. Objectives, Outcome and Outputs of the Subproject O t t f th S b j t

3.1 Capacity Needs Assessment and Action Plan 3. 2 Training Implementation and Outcomes

Objectives

To initiate better application of

Decree 192/PM 07July2005 on Compensation and Resettlement of Affected People by Development Projects To build c p c y of a number of DESIA staff to b d capacity b S s review and enforce country safeguards systems (CSS); To effectively deliver safeguards standards by DESIA, provincial / district NRE staff in land acquisition, resettlement and compensation (LARC) related practices.

Pilot Areas Pil A

1.

2.

3.

3 provinces and 9 districts: Vientiane Province: Fuang, Hinheup and Fuang, Xaisomboun di i X i b districts Xiengkhuang Province: Thathom, Phoukout and Mok-Mai districts MokAttapeu Province: Phouvong, Sanamxai and p Phouvong, g Samakkhixai districts
(selection criteria for provinces/districts were based on the concentration of ongoing and future projects in the area of hydropower, mining, infrastructure, i df j i h fh d i i i f plantations and industrial development)

Main A i i i M i Activities

Conducted capacity needs assessment and prepared action plan. Developed a draft social safeguards training manual Organized one training-of-trainers course. training-ofConducted 8 Social Safeguards Training workshops (2 DESIA, 6 Provinces/Districts). Conducted completion stakeholder workshop to disseminate findings and identify next steps to ensure sustainable capacity building for social safeguards. p y g g

Output 1

Institutional Capacity Needs Assessment.

Survey : 103 government staff from various sectors including Ministry of Energy and Mining , National Land Authority, Ministry of Public Works and y y Transport (out of which 70 WREA staff) Results: (i) mainly engineering and no social science (i background; (ii) limited knowledge about social safeguard polices, and (iii) limited exposure in the application of social safeguard policies and regulations li i f i l f d li i d l i

Output 2 p

Implementation of the Capacity Development Action Pl A ti Plan:

Training of trainers and social safeguard training for DESIA and line ministries at the provincial and pro incial district level. Total of 101 staff were trained :

Central level: 12 junior and 6 senior trainers from DESIA; Provincial level: 26 staff and 6 junior trainers District level: 45 staff

Output 3
Social Safeguards Training Manual

Part 1: Introduction and essential background Module 1: Principles of Social Safeguards g Module 2: Social Safeguards Compliance Module 3: Applying Social Safeguards Policy Part 2: Implementation, Monitoring and Evaluation Module 4: Implementing Social Safeguards. Module 5: Monitoring & Evaluating Social Safeguards.

Training Results

Training workshop results:

Staff gained better knowledge and understanding about the application of LARC issues Knowledge exchange and experience between DESIA and provincial and districts NRE offices New skills in training and presentation techniques Pre - and post training evaluations indicated that: on average staff knowledge on social safe guards increased by 85-95% 85 69% of the staff reported to be confident to apply safeguard policies in their daily work

Lessons Learned and Future Opportunities O t iti

Ms. Phakkavanh Phissamay Director of Planning and Finance Division DESIA y Ministry of natural Resources and Environment

Lessons Learned from CNA 1/2

High demand for social safeguards training and g g g dissemination of related decrees and regulations Many staff were unfamiliar with Decree 192, its 192, regulations and technical guidelines on compensation and resettlement (TGCR) Knowledge about social safeguard compliance None of central, provincial and district staff have academic background in social sciences and have limited experience in social safeguards compliance
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Lessons Learned: CNA 2/2

More than 80% of staff are involved in public 80% p consultations and the dissemination of EIA/SIA assessments Staff reported rather limited involvement in planning and implementation of LARC related activities Staff mph iz d St ff emphasized social safeguard tr i i as i l f rd training first priority including resettlement plan, livelihood restoration nd management plan t li lih d r t r ti n and m n m nt pl n etc.

Lessons Learned from Training Events

Training of Trainers (ToT): ToT): Strengths: g Willingness and commitment of junior j staff for improved knowledge on social safeguards

24

Lessons Learned: CDAP 1/5

Weaknesses:

Junior staff limited knowledge on social safeguards and experience in LARC p implementation Senior staff was concerned about junior trainers not to be ff ti b effective
25

Lessons Learned: CDAP 2/5

Social Safeguards Training:

TGCR are not a complete training manual because they exclude comprehensive p social aspects e.g. social risks and management Development of a comprehensive social safeguards training f d t i i manual 26

Lessons Learned: CDAP 3/5

Strengths: P ov c a a d d st ct sta a e co Provincial and district staff are committed tted to improve their knowledge High staff appreciation about new knowledge gained in the training Strong support from senior DESIA staff St tf i t ff

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Lessons Learned: CDAP 4/5

Improve coordination and communications between DESIA central, provincial and b DESIAs l i i l d district staff Interministerial knowledge transfer (e.g. Electricite du Laos on compensation; Ministry of Energy and Mines on concessional agreements and negotiations) Address specific knowledge gaps in the area of social safeguards (e.g. livelihood restoration, g ( g , unit costs for compensation)
28

Lessons Learned: CDAP 5/5

Weaknesses:

S o tT Short TA implementation g limited training time for junior trainers

29

DESIA s DESIAs Commitment

Junior Trainers:

Demonstrate willingness and capacity to be good trainers on social safeguards Commitment to continue dissemination and application of safeguards pp g policies (Decree 192 and TGCR)
30

Provincial and District Staff Commitment C i

High interest in participating Hi h i t ti ti i ti in safeguards training workshops to find solutions about resettlement issues Keen to share information about challenges in ongoing development projects

31

Future Opportunities for Partnerships to Strengthen Lao PDRs Country PDRs System for LARC

Future Steps to Strengthen Lao PDR Country System for LARC

MoNREs Vision Statement: National economic and social development must p ensure sustainable green and clean growth through p g g implementing environmental and social safeguards as part of climate change adaptation and mitigation

One of MONRE Strategies g

is to ensure the institutional is capacity building at both central and local level

Institutional Capacity Building for Social Safeguards at C S f d Central and L l l l l d Local level

1. 1

2.

To ensure the sustainability of subproject interventions and strengthen the effective implementation of environmental and social safeguards, the second phase should focus on: Enhanced human resource development for social safeguards Improved institutional and administrative I di i i l d d i i i efficiencies

1. Enhanced Human Resource Development

1. 1 2. 3.

4.

Development of a core group of trainers, trainers Finalization of training manual, New ff i i N staff training will include field practice, ill i l d fi ld i and A South-South initiative, sharing experiences Southand learning on social safeguards with neighboring countries.

Improved Institutional and Administrative Efficiencies

Build capacity of the social units in DESIA

Develop methodology for unit cost assessment Legal study on the revision of Decree 192 Technical booklet defining social safeguard terms Si Simple checklist for social safeguards, and l h kli t f i l f d d Feasibility study on existing information related to LARC (e.g. the number of people affected by (e g development projects, etc.)

Improved Institutional and Administrative Efficiencies

Support NRE offices at provincial and district levels

Review tasks, roles, responsibilities and scope of work tasks roles Establish core groups with comprehensive knowledge on social safeguards policies Enhance skills on LARC implementation and communication through field practices

Partnership with Different Donors to Strengthen Lao PDR Country System for LARC

 Develop model on E&S

obligation under CA ( Energy g gy Sector); On the job training on CA negotiation; Develop ECC model conditions p

ADB

EMSP (Finland)
Set up SMU (KM & BX ); Support NUOL to develop SIA curriculum for Bachelor and Master s Masters Degree; Develop PI Guideline; Joint with ADB TA to train provincial and District staff; Strengthen hydro & mining Sectors on Social Safeguard; Revenue Sharing System

- Application of Decree 192 - Strengthen DESIA staff to g review and enforce country safeguards systems (CSS); - To effectively deliver safeguards standards by DESIA, provincial / y p district staff in its land acquisition, resettlement and compensation (LARC) related practices.

Social Safeguard

UNDP
Develop EIA writing, Review and Monitoring Guidelines (incorporate social Aspect) , Sustainable Financial for Monitoring ;

WB