Large-scale infrastructure initiatives, such as the North-South Commuter Railway Extension Project (NSCR-Ex) and the South Commuter Railway Project (SCRP) in the Philippines, are vital for economic growth and improved connectivity. However, they often necessitate land acquisition and Right-of-Way (ROW) clearance, which can lead to involuntary resettlement impacts on affected individuals and communities. To manage these impacts responsibly and ensure that affected persons are not left worse off, robust frameworks and plans are put in place, specifically Resettlement Frameworks (RFs), Resettlement Action Plans (RAPs), and overarching Social Safeguards.
The Blueprint: Resettlement Framework (RF)
A Resettlement Framework (RF) serves as a guiding document for managing involuntary resettlement impacts throughout a large project, particularly those financed in tranches like the SCRP. The core objectives of an RF are to avoid or minimize involuntary resettlement where feasible, and when unavoidable, to ensure that all eligible Project Affected Persons (PAPs) are fully compensated and assisted to improve, or at least restore, their pre-project standards of living and livelihoods. This framework is designed to adhere to both national laws and international standards, such as the Asian Development Bank’s (ADB) Safeguards Policy Statement (SPS) of 2009 and the Japan International Cooperation Agency’s (JICA) Guidelines (2010). If there are any discrepancies between national laws and the international policies, the more stringent measure prevails.
Key principles of an RF include:
- Compensation at full replacement cost for land and non-land assets, without depreciation.
- Eligibility for compensation and assistance regardless of tenure status, meaning even those without legal title to land may be compensated for lost non-land assets.
- No displacement before compensation and other assistance are provided.
- Provision of transitional assistance and livelihood restoration programs to help APs re-establish themselves.
- Consideration for vulnerable groups (e.g., those below the poverty line, elderly, solo parents, persons with disabilities) who receive special assistance.
- Meaningful consultation with affected persons, host communities, and civil society, ensuring their participation and that information is disclosed in an accessible format and language.
The Detailed Plan: Resettlement Action Plan (RAP)
While an RF provides the overall policy, a Resettlement Action Plan (RAP) is a specific, time-bound plan prepared for individual project sections or affected localities. Its purpose is to identify all impacts associated with land acquisition and ROW clearance, assess the socio-economic context of affected people, and present agreed measures to fully mitigate these impacts.
Each RAP contains detailed information on:
- Affected Persons and Impacts: RAPs detail the number of affected households (AHs) and persons (APs), differentiating between landowners (LOs) and non-landowners (NLOs), and outlining impacts on residences, businesses, and livelihoods.
- Cut-off Dates: Eligibility for compensation is determined by a cut-off date, which is typically the start date of the census and structure tagging for informal settlers, and the date of Notice of Taking for those with formal land claims.
- Compensation and Entitlements: RAPs detail how compensation at replacement cost will be provided for various losses, including land, structures, crops, and trees.
- Relocation Assistance: Options include assisted resettlement (e.g., through government housing programs like the Community Mortgage Program (CMP) of SHFC or Pag-IBIG Fund) or self-relocation. These options often include rental subsidies, utility reconnection costs, and transportation assistance.
- Livelihood Restoration and Improvement Program (LRIP): These programs are designed to restore or improve livelihoods affected by the project. They involve partnerships with government agencies (like TESDA, DOLE, DSWD, DTI) to provide skills training, job placement assistance (including priority hiring for project construction activities), and access to soft loans for re-establishing businesses.
- Grievance Redress Mechanism (GRM): RAPs establish a multi-level GRM to address complaints and concerns, ensuring accessibility and transparency. While a GRM is in place, APs retain the right to seek redress through the country’s judicial system at any time.
- Consultation and Disclosure: RAPs emphasize continuous consultation with APs and LGUs through various meetings (Information, Education, and Communication – IEC, Stakeholder Consultation Meetings – SCMs, Focus Group Discussions – FGDs) and public disclosure of RAPs and monitoring reports on agency websites.
- Institutional Arrangements: The Department of Transportation (DOTr) serves as the Executing Agency (EA) and Implementing Agency (IA), working with Philippine National Railways (PNR), National Housing Authority (NHA), Social Housing Finance Corporation (SHFC), Department of Human Settlements and Urban Development (DHSUD), and Local Government Units (LGUs). Specialized committees like the Project Inter Agency Committee (PIAC), RAP Implementation and Management Committee (RIMC), and Local Inter-Agency Committee (LIAC) oversee implementation.
- Budget and Monitoring: Each RAP includes a detailed budget covering all costs, including contingencies. Implementation is subjected to both internal monitoring by DOTr and external monitoring by an independent agent (EMA) to ensure compliance and assess outcomes, with reports disclosed to financing institutions and the public.
Resettlement Action Plans, guided by a comprehensive Resettlement Framework and robust Social Safeguards, are indispensable tools in modern infrastructure development. They underscore a commitment to responsible and humane development, ensuring that progress does not come at the undue expense of the vulnerable. By mandating fair compensation, providing diverse relocation options, supporting livelihood restoration, and establishing transparent grievance mechanisms, these plans strive to not only mitigate adverse impacts but also to improve the living standards of those affected, transforming potential displacement into an opportunity for improved well-being. The detailed RAPs for the NSCR-Ex/SCRP demonstrate the immense scale and complexity involved in managing the social dimensions of such critical national projects.