Study On The Guarantee Of Rural Resettlers' Rights And Interests In Hydropower Projects

Resettlerment in hydropower projects is defined as large population migration and resettling activities mobilized and organized by the government in order to build hydropower projects and develop hydropower resources. Rural resettlers in hydropower projects are the majority of all of the resettlers,This thesis studies rural resettlers in large-medium sized hydropower projects. As stakeholders in hydropower projects,rural resettlers have made significant contributions to hydropower cause,but at the same time they also have made great sacrifices such as separation from friends and relatives,disintegration of social capital,and inadaptation to production and life. Under the background of constructing harmonious society,it is urgent to solve the problem of how to coordinate the interest relationship among hydropower owners,rural resettlers and the government,safeguard the legitimate interests of disadvantaged groups like resettlers,and protect their rights of survival,development,equity as well as suffrage. This thesis is around the main line of the resettlers'procedural and substantive rights protection closely.From all aspects of resettling project,It researches this item with methods of literature collecting ,comparative studying,investigating.and constructs the guarantee mechanism of rural resettlers'rights and interests in hydropower projects.This thesis mainly draws the following conclusions:First,in the process of hydropower project construction,the rights of rural resettlers,including the substantive rights and procedural rights,lose seriously. Substantive rights include rights of survival,development and equity,while procedural rights are mainly reflected in the suffrage. Procedural rights are tools and means by which substantive rights are often achieved.Second,protecting the rights and interests of rural resettlers is a systematic project,which involves such major stages as resettlement planning,resettlement compensation,later support,resettlers'participation as well as monitoring and evaluation,etc. Being related to the rights protection issues of rural resettlers,each stage needs to be regulated by establishing appropriate management mechanism. Improving the mechanisms of resettlement planning,resettlement compensation,later support is advantageous in the safeguard resettlers' substantive rights and interests.and perfecting the mechanisms of resettlement monitoring and evaluation is advantageous in the safeguard resettlers'procedural rights and interests.This thesis constructs a guarantee system of rural resettlers'rights and interests,which is based on resettlement planning and management,focused on resettlers'compensation and resettling,supported by resettlers'later support and guaranteed by resettlers'participation as well as monitoring and evaluation.Third,the check and balance mechanism in resettlement planning must be established. In the construction of hydropower projects,we need give serious consideration to the interests of various stakeholders,and establish a balance mechanism in which hydropower owners make plans and provincial resettlement management agency audits the plans. At the same time,the participation and supervision of social intermediary organizations should be introduced in the planning process,which plays an important role in guaranteeing the rationality and effectiveness of resettlement planning.and lt maintain resettlers'rights and interests effectively.Fourth,rural resettlers should share the land development right. After land being expropriated,peasants lose their land use right and land development right,and furthermore,functions carried by the land,such as basic living security function,employment security function,old-age security function and medical security,are also lost at the same time,therefore,famers'land use right and development right needs to be compensated. In the situation that our cultivated lands are very limited,it is an effective measure to introduce resettlement mode for peasants as shareholders with the land use right,which is feasible in both theory and practice,according with the Party Central Committee's sharing the results of the reform'concept.Fifth,on the basis of stockholder resettlement with the land use right,rural resettlers'later support model consists of rural town later support model and new resettling village later support model. We must improve the resettlement policies and regulations,strengthen project supervision and management,enhance the social capital of immigrant communities,develop community cadres'initiative,perfect the management system and further increase later support for rural migrants.Sixth,rural resettlers,hydropower owners and the government are the closest stakeholders. Rural resettlers'participation in the migration project is essentially a game process as well as an important reflection of safeguarding their own rights and interests. We must formulate laws and regulations with public participation,enhance the ability and efficiency of migrants'participation,strengthen supervision and participation of social public opinion,improve the interests dispute solution mechanism with resettlers'participation,and effectively guarantee the legitimate rights and interests of rural migrants.Seventh,the monitoring and evaluation of rural resettlement is related to the fulfillment of migrants'legitimate rights and interests. We must adhere to the basic principle of resettlement monitoring and evaluation,enhance the capacity-building of migration monitoring and evaluation institution,pay attention to the combination of the World Bank's monitoring and evaluation policies and China's situation,and establish a rational monitoring and evaluation system. The sustainable development of rural resettlement communities can not only be focused on community economy as well as social and cultural development,but also on resettlers'psychological expectations. Moreover,in order to build a scientific and rational sustainable development indicator system for rural resettlerment communities,we still have to integrate such indicators as nature,society,economy,humanistic environment,and resettlers'psychological expectations,etc.