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CHAPTER III.

Analysis of the Application of JICA’s New Guidelines  

 

3.1 JICA’s new Guidelines and this project

JICA’s Guidelines for Environmental and Social Considerations were put into effect in April 2004.  JICA’s studies for rehabilitation of National Route One began prior to the enactment of the new Guidelines, but JICA itself announced that it would apply the “spirit” and the principles of the new Guidelines to the studies and implementation of this road rehabilitation project.  JICA has not, however, been able to accomplish this in full.  This chapter will review the findings described in the previous chapter in accordance with key clauses of JICA’s new Guidelines and analyze their application to the project. 

Because JICA’s official involvement in the project to rehabilitate National Route One began before the enactment of the new Guidelines, it is not realistic to force JICA to strictly follow the entire set of procedures for environmental and social considerations stipulated in Chapter III of its new Guidelines.  On the other hand, since JICA itself decided to apply the principles of the new Guidelines to this project, JICA should pay particular respect to clauses under “Basic Matters” (Chapter I of JICA’s new Guidelines), which outline the “Policy,” “Principles,” “Responsibilities,” and “Requirements” for recipient governments.  It should also closely follow clauses in the section, “Process” (Chapter II), which sets out requirements for information disclosure, public consultations, the scope of impacts to be assessed, and treatment of social/environmental issues and human rights.

In this chapter, we refer to the relevant clauses under “Basic Matters” and “Process” of the new Guidelines in order to examine the extent to which JICA has been able to apply the spirit of the Guidelines to the rehabilitation of National Route One.

3.2  Violation of Involuntary Resettlement Clause—People will be impoverished

Section 1.6 of JICA’s new Guidelines outlines the requirements for recipient governments.  It stipulates, “when JICA considers either the selection of proposed projects or the support for and examination of environmental and social considerations, JICA examines how the recipient governments meet the requirements that JICA requires as mentioned in Appendix 1.” According to Appendix 1, “People to be resettled involuntarily and people whose means of livelihood will be hindered or lost must be sufficiently compensated and supported by project proponents, etc., in a timely manner.”

As indicated by RAN’s counter survey, however, it is clear that most respondents felt that compensation offered by the PAP’s survey team would not be sufficient to compensate all their lost assets (page 10 Finding #3). 

The same clause of Appendix 1 of the new Guidelines states, “[p]roject proponents must make efforts to enable people affected by projects to improve their standard of living, income opportunities and production levels, or at least to restore them to pre-project levels.”  The RAN survey indicated, however, that the vast majority of people to be resettled by this road project will not receive any compensation for the land where they have lived or that they have used to make their living (see page 8 Finding #1). 

The findings of RAN’s counter surveys show cause for strong doubt that this project will provide “land and monetary compensation for losses (to cover land and property losses),” or that it will support “means for an alternative sustainable livelihood, and [provide] expenses necessary for relocation and the re-establishment of communities at resettlement sites” as stipulated in Appendix 1 of JICA’s new Guidelines.

The NGO survey team found that the fear of impoverishment is largely due to lack of land compensation.  As explained in BOX 1 on page 9, both the Government of Cambodia and JICA do not recognize private land ownership within the ROW, due to an Edict issued in 1999 that declared all land within 30 meters of the centerline of the road to be public land.  The Cambodian Government is using this as a reason not to provide land compensation.  Many people currently living within the ROW, however, have been there for many years and should be treated as local stakeholders, as is required by JICA’s new Guidelines (Section 1.3 Definition).  It is, therefore, JICA’s duty to ensure that people who are to be relocated will receive enough land compensation to improve, or at least restore their livelihoods, regardless of their legal ownership of land within the ROW.  Our survey findings show, however, that JICA has thus far failed to do so.                      [Top]

Furthermore, our findings indicate that the process of negotiations between authorities and affected people were done in an intimidating manner (see Findings #5, #6, #8).  According to Appendix 1 of the new Guidelines, “effective measures to minimize impact and to compensate for losses must be agreed upon with the people who will be affected.”  Coerced agreement cannot be considered to fulfill this requirement.

3.3 Violation of Social Acceptability Clause-People were forced to agree

JICA’s new Guidelines emphasize the importance of public participation and informed consent among stakeholders.  Appendix 1 of the new Guidelines, for example, clearly requires that “projects must be adequately coordinated so that they are accepted in a manner that is socially appropriate to the country and locality in which they are planned.”  The findings of RAN’s counter survey, however, defy this requirement.  As explained in Finding #5 and #6, clear intimidation and threats were used by members of the PAP’s Survey team to coerce agreement for compensation packages.  Respondents to our survey also said that they did not want to raise grievances to authorities, due to fear of repercussions from military police or officials, even if they have complaints or anxieties regarding compensation (see page 10 Finding #4).  In spite of this situation, JICA approved the results of the Simple Survey and the completed portions of the PAP’s Survey—surveys that were to determine whether stakeholders agreed to the project and proposed compensation packages.  Problems resulting from the presence of military police and government officials in the PAP’s Survey team have not been sufficiently addressed by JICA.

RAN’s counter survey also indicates that the majority of respondents do not understand the content of documents they agreed to (see Finding #9).  This means that JICA has not seriously considered the appropriate manner in which affected people can voice free and informed opinions about whether they accept the project and proposed compensation packages, as required in the new Guidelines.

3.4 Violation of Human Rights Clause-People cannot secure their rights

Also relevant to the issue explained above, section 2.7 of JICA’s new Guidelines addresses the issue of human rights.  It says, “special measures must be taken for cooperation projects when disclosing information and holding consultation with local stakeholders after obtaining understanding from the recipient governments, in countries and areas affected by conflict or where basic freedoms – including freedom of expression and the right to receive legal relief – are restricted.”  This clause requires JICA to prepare special measures for local consultations in countries where basic freedoms are restricted.  As indicated by the findings of this report, JICA sent staff for the PAP’s Survey in some cases, but responses to RAN’s counter survey indicate that their presence did not alleviate fears of interviewees nor stop authorities from making threatening statements (see page 11Finding #6).  These results show that JICA has failed to incorporate measures to ensure free and informed consent in this situation where people were in fear of intimidation by authorities.

In addition, the human rights clause in JICA’s new guidelines requires special measures to complement the lack of legal relief in countries like Cambodia.  JICA’s Preparatory Study report indicates the need for such mechanism in general, but no independent mechanisms to address grievances from affected people have been established for this project.  This is another failure of JICA to comply with its new Guidelines.

3.5 Violation of Meaningful Participation Clause-People’s voices are ignored

Among seven basic principles set forth at the beginning of JICA’s new Guidelines is one regarding participation of stakeholders.  This principle states, “JICA incorporates stakeholder opinions into decision-making processes regarding environmental and social considerations, and JICA ensures the meaningful participation of stakeholders in order to take consideration of environmental and social factors and to reach a consensus accordingly.”

Findings of RAN’s counter survey, however, paint a very different picture.  The fact that most respondents expressed discontent with the compensation (See page 10 Finding #3) and that such opinions have not been incorporated into determining the content of resettlement packages (see page 12 Finding #7), indicate that JICA has failed to promote meaningful stakeholder participation.

Appendix 1 of JICA’s new Guidelines says, “appropriate participation by affected people and their communities must be promoted in the planning, implementation, and monitoring of involuntary resettlement plans and measures against the loss of their means of livelihood.”  Many findings elaborate the difficulties currently being faced by affected people in negotiating with authorities resettlement plans, including compensation for land and assets.                                        [Top]

3.6  Violation of Standards—People need Legal Standards

JICA’s new Guidelines strive to ensure that livelihoods can be rebuilt so that standards of living are improved, if not restored.  In spite of this, JICA is failing to take appropriate steps to ensure that this happens in this road rehabilitation project.  One of the reasons for this failure could be JICA’s fear that proposing effective resolutions to problems which have arisen could be seen as interfering with matters of the Cambodian Government.  However, Section 2.6 Laws and Standards of Reference of JICA’s new Guidelines require the following:

JICA refers to international standards, treaties and declarations and good practices which Japan, international and regional organizations and developed countries have.  When JICA recognizes that laws and regulations regarding environmental and social considerations of host countries are substantially inferior to these standards and good practices, JICA encourages the recipient governments—including local governments—to take more appropriate considerations through a series of dialogues, and confirms background and justification for that.

This means that if the current compensation for land and assets being offered to affected people by the PAP’s Survey team deviates largely from the international standard, JICA must “take more appropriate considerations through a series of dialogues, and confirms background and justification for that.”  Therefore, JICA must confirm whether or not the process for and content of current compensation meets international standards.  Based on this finding, JICA has the responsibility to work with the Cambodian government to implement appropriate measures to remedy any necessary problems. 

The decision-making process to determine the content of compensation is one of the most important social considerations in projects requiring resettlement of affected people.  Therefore, this process should follow the procedures in the new Guidelines and ensure that meaningful consultations are held with affected people and that they are able to freely express their opinions and give their consent (or dissent). 

3.7 Conclusion

Based on analysis of the findings of our counter surveys to the Simple Survey and PAP’s Survey conducted jointly by the Cambodian government and JICA, JICA is violating at least four clauses of its new Guidelines:

  1. Basic Principles (Section 1.4 Clause 5)

  2. Concern about Social Environment and Human Rights (Section 2.7)

  3. Social Acceptability (Appendix 1 Clause 5)

  4. Involuntary Resettlement (Appendix 1 Clause 6)

Although this project was begun prior to enactment of JICA’s new Guidelines, JICA’s Preparatory Study report explicitly affirms JICA’s intention to apply the spirit of the new Guidelines to this project and follow the Guidelines’ principles in the project’s implementation.  It is, therefore, reasonable to expect JICA to comply with these four basic clauses regarding which this chapter raises concerns. 

We understand that it is part of JICA’s mission to build a more peaceful and prosperous world.  While this mission is indeed commendable, if local people continue to be sacrificed in the name of development, this mission will never be fulfilled.  We believe that JICA understands this, and this is one reason for the establishment of the Guidelines on Social and Environmental Considerations.  The Resettlement Action Network, therefore, urges JICA to take concrete measures to ensure that these Guidelines are respected in the planning and implementation of improving National Route One.

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