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Profile of Current Practices for Benefit Sharing and
     Compensation Allocation in Hydropower
   Development Projects in Mekong Countries

          Mekong Project 4 on Water Governance
                  14 November 2012
                    Hanoi, Vietnam
Research Focus
           Hydropower Dam
            Development
                                                             Inclusiveness of
                                                              stakeholders’
                                                               participation
               Outcomes                    Processes
               (Distributive               (Procedural
                                                              Inclusiveness of
                  Equity)                    Equity)
                                                          stakeholders’ interests
                                                           in the agenda setting
           Results of allocation                                                    b
    Benefits                   Costs



Monetary       Non-          Envi-     Social
              monetary     ronment

                                          a
Case Study Projects
                                    Theun-
                                     Hinboun
                                     Expansion,
                                     Lao PDR




                                    Yaly,
                                     Vietnam


                                    Lower
                                     Se San 2,
                                     Cambodia


   Yaly            THXP                 LS2
 operating   Under construction/   Under planning/
since 2002      finish 2012          start 2012
Sharing of Benefits to Local Communities
        Outcomes                                       Case study projects/ Countries
                                  Yali, Vietnam                THXP, Lao PDR               LS2, Cambodia
1. Sharing of project services
  Electricity                national power grid        national power grid           national power grid
  Water supply                Free supply resettles     supply resettles                        
2. Sharing of non-monetary benefits
  Resources entitlements                                                                
  Priority in hiring                                    during dam construction dam construction
3. Sharing of monetary benefits
  Development funds                                     provided & managed by provided by Project/
                                                         Project                managed by Gov.
  Taxes                      to provincial Gov.          to national Gov.      to national Gov.
  Revenue sharing                                                                       
  Sharing of ownership                                                                  


 •   Non-monetary benefits relating to livelihood options could be explored more.
 •   Development funds/taxes to local authorities need mechanisms to ensure the
     revenue used for local development.
 •   More direct sharing schemes have not been widely used.
Compensation of Costs to Local Communities
       Outcomes                                  Case study projects/ Countries
                                 Yali, Vietnam               THXP, Lao PDR            LS2, Cambodia
1. Compensation to resettles
   Houses                 new houses built            new houses built            Details are not
   Agricultural land      land sizes of each HH       average land size is        available. But it is
                         surveyed and allocated       allocated across all HHs.     expected that
   Crops                 monetary calculation        monetary calculation         compensation
   Public utilities       road/electricity/ water     road/electricity/ water     package in terms
   Health/ education      health centers/ schools     health centers/ schools     of cash and lost
   Other supports         agricultural extension      Food supplied till income   assets will be
                                                      target reached                provided.
2. Compensation to        made to Cambodians                                               
   other affected areas   after the incidences.
3. Compensation to loss   Forestry tax provided to   Budget provided/             Budget provided
  of ecosystem            provincial Gov.             managed by the Project        to restore impacts

 •   Impacts areas recognized are ONLY areas flooded -- resettles provided with
     compensation packages BUT other affected areas are not eligible. Noted that within the
     eligible group, there are often subsequent issues after compensation.
 •   Impacts on ecosystem is another area needed attention. Need clear plan on what
     impacts, how to implement and how to monitor the restoration works under the funds.
Selected Key Issues on Outcomes
 Local communities is not the target beneficiaries of hydropower projects
   Benefits of services
   - Electricity targets urban sectors and some is exported.
   - Electricity supplied to national power grid. need facilities for local to benefit.
   - Improvement of physical infrastructure provided. Other benefits to enhance
     livelihood options could be explored more.

   Monetary Benefits
   - In forms of development funds/ taxes to local authorities. need to ensure the use
     of revenue (more difficult to secure when it is sent to the state’s budget).
   - A more direct sharing schemes ?

    Electricity users                                                       Kon Tum
                                                                        % (NRT)/ 50% (VAT)
                                   Natural resource tax
    EVN power grid                                                   Annual provincial budget
                                                                             Gia Lia
    Yaly Hydropower                 Value added tax                     % (NRT)/ 50% (VAT)
        Company
                                       Forestry tax                    Provincial fund for
                                                                        forest protection
 Impact areas of dam development recognize only the areas flooded and
  tend to exclude other anticipated and possible impacted areas.

                                       Compensation
                  Eligible                            - As a result of such scoping, eligible
                                         package
                                                        persons for compensation are only
                                                        those losing their physical assets
                                                        during dam construction.
     Area flooded = impact zone
                                                      - Others that would affect during post-
                                                        construction and operational periods
                                                        are not considered.
                                                      - These affected groups are also not
                                                        included in information sharing.
         Other impacts (more floods,
         less fish, water shortage,
                                                      - Need a thorough study of impacts
         poor water quality)               NOT          and a continue monitoring on arisen
                                           Eligible     impacts.

                                              ?
 Negative impact on ecosystem has not been adequately addressed in
  allocation of compensation.
   - Scoping of environmental costs too is still debatable +
     often has no representing agent.
   - Details ecosystem impacts are usually limited.
   - In the case studies – Yaly has ‘forestry tax’ and LS2 has
     budget for ‘restoration of environmental impacts’ --
     Need clear plan on implementation and monitoring of
     the restoration works under the funds.



 Agricultural land included in compensation package often has subsequent
  issues after allocation.
   - Main principle is to provide equivalent size. Types and
     quality are often unknown.
   - Let to disputes on unfair allocation/ changes in livelihoods
     due to unsuitable land.
 Compensation package provided by the projects may not be responsive to
  the actual needs of the affected communities.

   - Compensation package often provided uniformly across all groups whereas
     there are actually diversity in locations, ethnics, and genders.
   - A careful analysis of different groups and their direct participation in the
     planning process would help enhancing efficiency in allocation of compensation.



                                      Gender
                                                  Upstream-
                                                 Downstream
                           ethnics
Selected Key Issues on Procedures
 Primary discourse to legitimize hydropower projects is to stimulate national
  macro-economic development, benefiting the local project area and people
  are not the principal concern.
                        generate electricity
                         supplying growth             Local project area
                          contributing to              and people ???
                         national economy


 Key agencies responsible for hydropower development are from energy
  sector and may overlook social and environmental aspects.

    Water for domestic/irrigation              Water for hydropower

        Min. of Agricultural &
         Rural Development
                                    ?        Min. of Industry & Trade
                                           primary mandate to provide
       mandate on livelihoods               energy supply to industry
 Limited representation and meaningful participation of local communities
  in project development in general and in decision-makings on allocation of
  compensation in particular.
   - Questionable public participation / acceptability of EIA
   - Resettled residents directly involved in certain procedures
     but not on decision (e.g. survey for lost assets but not on
     identification of prices, inform of prescribed relocation
     sites but not consulted on their preferred locations).



 No follow-up mechanism to address concerns of resettled communities
  after compensation allocation process is done .
  - The official reports of all cases stated that the resettled residents have accepted all
    compensation packages allocated.
  - The study however found many concerns arisen after relocations BUT there is no
    mechanism for people to make claims.
More Issues ?

We need your opinions!
GROUP DISCUSSION
 Two small group discussions




              Immediate and
                                                      Long-term impacts of
             ongoing impacts of                        dam development and
             dam development and                          management
                management




    Each group will:
a)   Validate and firm up the list of agenda issues (a matrix of initial list is provided),
b)   Select three key issues and brainstorm on appropriate approaches to address them, and
c)   Brainstorm on appropriate mechanisms to operationalize the approaches (i.e. lead
     responsible agencies and budgeting resources )

    Each team thereafter report back to the plenary to exchange opinions.
Matrix A: validation of key findings and agenda issues (a)
    No                                Agenda issues                                  Validity
                                                                                     /        
  Distributive equity issues
     1     Unfulfilled compensation terms based on people’s
          understandings of promised compensation package
     2    Terms delivered but turned out to be defective or undesirable
          (e.g. farm land with poor soil quality)
          (please add more items)
  Procedural equity issues
     1    Lack of full disclosure of information relevant to planning during
          construction and operation of dam projects
     2    Gender difference is not critically considered particularly in the
          accounting and decision-making for compensation of affected
          groups
          (please add more items)

Matrix B: appropriate approaches to address and operationalize key issues (b)/(c)
  No     Selected key agenda issues     Approaches/ mechanisms to              Operationalized
                     (a)                   address the issues (b)              mechanisms (c)
  1

  2
  3

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Profile of Current Practices for Benefit Sharing and Compensation Allocation in Hydropower Development Projects in Mekong Countries

  • 1. Profile of Current Practices for Benefit Sharing and Compensation Allocation in Hydropower Development Projects in Mekong Countries Mekong Project 4 on Water Governance 14 November 2012 Hanoi, Vietnam
  • 2. Research Focus Hydropower Dam Development Inclusiveness of stakeholders’ participation Outcomes Processes (Distributive (Procedural Inclusiveness of Equity) Equity) stakeholders’ interests in the agenda setting Results of allocation b Benefits Costs Monetary Non- Envi- Social monetary ronment a
  • 3. Case Study Projects  Theun- Hinboun Expansion, Lao PDR  Yaly, Vietnam  Lower Se San 2, Cambodia Yaly THXP LS2 operating Under construction/ Under planning/ since 2002 finish 2012 start 2012
  • 4. Sharing of Benefits to Local Communities Outcomes Case study projects/ Countries Yali, Vietnam THXP, Lao PDR LS2, Cambodia 1. Sharing of project services Electricity national power grid national power grid national power grid Water supply  Free supply resettles supply resettles  2. Sharing of non-monetary benefits Resources entitlements    Priority in hiring  during dam construction dam construction 3. Sharing of monetary benefits Development funds  provided & managed by provided by Project/ Project managed by Gov. Taxes  to provincial Gov.  to national Gov.  to national Gov. Revenue sharing    Sharing of ownership    • Non-monetary benefits relating to livelihood options could be explored more. • Development funds/taxes to local authorities need mechanisms to ensure the revenue used for local development. • More direct sharing schemes have not been widely used.
  • 5. Compensation of Costs to Local Communities Outcomes Case study projects/ Countries Yali, Vietnam THXP, Lao PDR LS2, Cambodia 1. Compensation to resettles Houses  new houses built  new houses built Details are not Agricultural land  land sizes of each HH  average land size is available. But it is surveyed and allocated allocated across all HHs. expected that Crops monetary calculation monetary calculation compensation Public utilities  road/electricity/ water  road/electricity/ water package in terms Health/ education  health centers/ schools  health centers/ schools of cash and lost Other supports  agricultural extension  Food supplied till income assets will be target reached provided. 2. Compensation to made to Cambodians   other affected areas after the incidences. 3. Compensation to loss Forestry tax provided to Budget provided/ Budget provided of ecosystem provincial Gov. managed by the Project to restore impacts • Impacts areas recognized are ONLY areas flooded -- resettles provided with compensation packages BUT other affected areas are not eligible. Noted that within the eligible group, there are often subsequent issues after compensation. • Impacts on ecosystem is another area needed attention. Need clear plan on what impacts, how to implement and how to monitor the restoration works under the funds.
  • 6. Selected Key Issues on Outcomes  Local communities is not the target beneficiaries of hydropower projects Benefits of services - Electricity targets urban sectors and some is exported. - Electricity supplied to national power grid. need facilities for local to benefit. - Improvement of physical infrastructure provided. Other benefits to enhance livelihood options could be explored more. Monetary Benefits - In forms of development funds/ taxes to local authorities. need to ensure the use of revenue (more difficult to secure when it is sent to the state’s budget). - A more direct sharing schemes ? Electricity users Kon Tum % (NRT)/ 50% (VAT) Natural resource tax EVN power grid Annual provincial budget Gia Lia Yaly Hydropower Value added tax % (NRT)/ 50% (VAT) Company Forestry tax Provincial fund for forest protection
  • 7.  Impact areas of dam development recognize only the areas flooded and tend to exclude other anticipated and possible impacted areas. Compensation Eligible - As a result of such scoping, eligible package persons for compensation are only those losing their physical assets during dam construction. Area flooded = impact zone - Others that would affect during post- construction and operational periods are not considered. - These affected groups are also not included in information sharing. Other impacts (more floods, less fish, water shortage, - Need a thorough study of impacts poor water quality) NOT and a continue monitoring on arisen Eligible impacts. ?
  • 8.  Negative impact on ecosystem has not been adequately addressed in allocation of compensation. - Scoping of environmental costs too is still debatable + often has no representing agent. - Details ecosystem impacts are usually limited. - In the case studies – Yaly has ‘forestry tax’ and LS2 has budget for ‘restoration of environmental impacts’ -- Need clear plan on implementation and monitoring of the restoration works under the funds.  Agricultural land included in compensation package often has subsequent issues after allocation. - Main principle is to provide equivalent size. Types and quality are often unknown. - Let to disputes on unfair allocation/ changes in livelihoods due to unsuitable land.
  • 9.  Compensation package provided by the projects may not be responsive to the actual needs of the affected communities. - Compensation package often provided uniformly across all groups whereas there are actually diversity in locations, ethnics, and genders. - A careful analysis of different groups and their direct participation in the planning process would help enhancing efficiency in allocation of compensation. Gender Upstream- Downstream ethnics
  • 10. Selected Key Issues on Procedures  Primary discourse to legitimize hydropower projects is to stimulate national macro-economic development, benefiting the local project area and people are not the principal concern. generate electricity supplying growth Local project area contributing to and people ??? national economy  Key agencies responsible for hydropower development are from energy sector and may overlook social and environmental aspects. Water for domestic/irrigation Water for hydropower Min. of Agricultural & Rural Development ? Min. of Industry & Trade primary mandate to provide mandate on livelihoods energy supply to industry
  • 11.  Limited representation and meaningful participation of local communities in project development in general and in decision-makings on allocation of compensation in particular. - Questionable public participation / acceptability of EIA - Resettled residents directly involved in certain procedures but not on decision (e.g. survey for lost assets but not on identification of prices, inform of prescribed relocation sites but not consulted on their preferred locations).  No follow-up mechanism to address concerns of resettled communities after compensation allocation process is done . - The official reports of all cases stated that the resettled residents have accepted all compensation packages allocated. - The study however found many concerns arisen after relocations BUT there is no mechanism for people to make claims.
  • 12. More Issues ? We need your opinions!
  • 13. GROUP DISCUSSION  Two small group discussions Immediate and Long-term impacts of ongoing impacts of dam development and dam development and management management  Each group will: a) Validate and firm up the list of agenda issues (a matrix of initial list is provided), b) Select three key issues and brainstorm on appropriate approaches to address them, and c) Brainstorm on appropriate mechanisms to operationalize the approaches (i.e. lead responsible agencies and budgeting resources )  Each team thereafter report back to the plenary to exchange opinions.
  • 14. Matrix A: validation of key findings and agenda issues (a) No Agenda issues Validity  /   Distributive equity issues 1 Unfulfilled compensation terms based on people’s understandings of promised compensation package 2 Terms delivered but turned out to be defective or undesirable (e.g. farm land with poor soil quality) (please add more items) Procedural equity issues 1 Lack of full disclosure of information relevant to planning during construction and operation of dam projects 2 Gender difference is not critically considered particularly in the accounting and decision-making for compensation of affected groups (please add more items) Matrix B: appropriate approaches to address and operationalize key issues (b)/(c) No Selected key agenda issues Approaches/ mechanisms to Operationalized (a) address the issues (b) mechanisms (c) 1 2 3