External Social Safeguard Monitoring Inception Report · Feni Sadar and Chagolnaia upazilas of Feni district and Nangalcote, chouddogram, Laksam, Borura, Chandina, Debidwar, Muradnagar

External Social Safeguard Monitoring Inception Report

Project No. 45203-006 Semestral Report September 2018

Bangladesh: Natural Gas Infrastructure and Efficiency Improvement Project (Component 2 – Chittagong-Bakhrabad Gas Transmission Pipeline)

Prepared by Md. Abdus Samad for the Gas Transmission Company Limited, Government of

Bangladesh and the Asian Development Bank.

This social safeguard monitoring report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

Gas Transmission Company Limited (A Company of Petrobangla)

Ministry of Power, Energy & Mineral Resources Energy & Mineral Resources Division

Government of the People’s Republic of Bangladesh

External Monitoring Expert Services to carry out the External Monitoring & Evaluation and Reporting of the Implementation of Resettlement Action Plan (RAP) under the “Construction of

Chittagong-Feni-Bakhrabad Gas Transmission Parallel Pipeline Project”

INCEPTION REPORT September 2018

Submitted to:

Asian Development Bank

For

Construction of Chittagong-Feni-Bakhrabad Gas Transmission Parallel Pipeline Project Ref: Contract No. GTCL-SD3 dated 9 August 2018 between Gas Transmission Company

Limited (GTCL) and Md. Abdus Samad, the Consultant (External Monitoring Expert) for the Implementation of Resettlement Action Plan (RAP) under “Construction of Chittagong-Feni-

Bakhrabad Gas Transmission Parallel Pipeline Project.

Submitted by: Md. Abdus Samad

External Monitoring Expert

For Implementation of Resettlement Action Plan (RAP) Under Construction of Chittagong-Feni-Bakhrabad

Gas Transmission Parallel Pipeline Project.

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27 September 2018 To Ms. Hong Wei Zhang Senior Finance Specialist & Ms. Yoojung Jang Social Development Specialist Asian Development Bank Subject: Submission of Inception Report Ref: Consultancy Services (External Monitoring Expert) for the Implementation of Resettlement Action Plan (RAP) under “Construction of Chittagong-Feni-Bakhrabad Gas Transmission Parallel Pipeline Project. Contract No: GTCL-SD3 dated 9 August 2018 ADB Loan No: 3461/3462 BAN Dear Madams, In reference to the above subject, I am submitting herewith, the soft copy of Inception Report for the Implementation of Resettlement Action Plan (RAP) under “Construction of Chittagong-Feni-Bakhrabad Gas Transmission Parallel Pipeline Project” as attachment for your kind approval and necessary action. Sincerely yours, Md. Abdus Samad External Monitoring Expert Construction of Chittagong-Feni-Bakhrabad Gas Transmission Parallel Pipeline Project.

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TABLE OF CONTENTS

I. Background of the Project……………………………………………………..…..……………8 II. Objective of the project…………………………….……………………………..……………..9 III. Policy Framework…………………………………………………………………..…………..10

A. ADB Safeguard Policy on Involuntary Resettlement ………...………..…………..10 B. AIIB Policy on Project Implementation…….……………………………..……….…11 C. Bangladesh Government Legal Policy…………………………………………..…..11

IV. Assets to be Acquired by the Project ……………………………………………...….……..11 V. Tasks to be Performed by INGO…………………………..……………………………….…13 VI. Committees for Resettlement Plan Implementation…...…..…………………………….…14 VII. Scope of Works for the External Monitoring Expert.…………..……………………………20 VIII. Methodology of the Works…...………………………………………..……………………... 21 IX. Schedule of Work Plan……………….……………………………………..………………....32 X. Submission of progress reports…………………………………………….……………...…36

LIST OF TABLES

1. Summary of Impacts…………………………………...…………………………………....…12 2. List of Tasks to be Executed by the INGO………….........……………...……………….…13 3. Entitlement Matrix……………….……………………………..…………...………………….15 4. List of Indicators of ADB……………………..…………………..…………………………….21 5. Monitoring and Evaluation Indicators………………………………………….……….........27 6. Schedule of Work Plan………………………………………………………………………...33 7. Schedule of Progress Reports Submission………………………………………………….36

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ABBREVIATIONS

ADB Asian Development Bank AIIB Asian Infrastructure Investment Bank CCL Cash Compensation under Law CPR Common Property Resources FGD Focus Group Discussion GRC Grievance Redress Committee ID Identity Card INGO Implementing Non-Government Organization JVC Joint Verification Committee NGO Non-Government Organization PAP Project Affected Person PIU Project Implementation Unit PMU Project Management Unit PVAC Property Valuation Advisory Committee RoW Right of Way

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GLOSSARY Affected person includes any person, affected households (AHs), firms, or private institution who, on account of changes that result from the Project will have their (i) standard of living adversely affected; (ii) right, title, or interest in any house, land (including residential, commercial, agriculture, forest, and/or grazing land), water resources, or any other moveable or fixed assets acquired, possessed, restricted, or otherwise adversely affected , in full or part, permanently or temporarily; (iii) business, occupation, place of work or residence, or habitat adversely affected, with without displacement. Assistance means support, rehabilitation and restoration measures extended in cash and/or kind over and above the compensation for lost assets. Awardees refers to person with interests in land to be acquired by the Project after their ownership of said land has been confirmed by the office of the respective Deputy Commissioner as well as person with interests in other assets to be acquired by the Project. Compensation for acquired assets is provided to awardees through notification under Section 7 of the Land Acquisition Ordinance, 1982. Compensation includes payments in cash or kind for assets acquired or affected by the Project at replacement cost or current market price. Cut-off date refers to the date after which eligibility for compensation or resettlement assistance will not be considered. Date of service of notice under section 3 of the ARIPO 1982 or section 4(1) of the Land Acquisition and Requisition Act 2017 is considered to be the cut-off date for recognition of legal compensation and the start date of carrying out the census/inventory of losses is considered as the Cut-off date for eligibility of resettlement benefits. Displaced persons refer displaced persons are those who are physically displaced (relocation, loss of residential land, or loss of shelter) and/or economically displaced (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary acquisition of land, or (ii) involuntary restriction on land use or on access to legally designated parks and protected areas. Eminent domains refer to regulatory authority of the government to obtain land for public purpose/interest or use of as described in the 1982 Ordinance and Acquisition and Requisition of Property Act, 2017. Encroachers include those people who extend attached private land into public land or who extend their use of titled land into adjacent non-titled land before the cut-off date. Encroachers will not be eligible for claiming compensation for land assets for the affected area which is an extension to their existing titled land. Entitlements include the range of measures comprising cash or kind compensation, relocation cost, income restoration assistance, transfer assistance, income substitution, and business restoration which are due to AHs, depending on the type and degree/nature of their losses, to restore their social and economic condition. Household includes all persons living and eating together, sharing the same kitchen and cooking food together as a single-family unit.

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Inventory of losses refers to the assets listed during the survey/census as a preliminary record of affected or lost assets. Khas land includes to the state-owned land which the government is entitled to both lease and give away to citizens of the country who do not own land. Khas land is considered as an important livelihood source for the extreme poor and can generate and protect themselves achieving livelihood, particularly for those with low quality, under-sized and flood prone land. Meaningful consultation is a process that (i) begins early in the project preparation stage and is carried out on an ongoing basis throughout the project cycle; (ii) provides timely disclosure of relevant and adequate information that is understandable and readily accessible to affected people; (iii) is undertaken in an atmosphere free of intimidation or coercion; (iv) is gender inclusive and responsive, and tailored to the needs of disadvantaged and vulnerable groups; and (v) enables the incorporation of all relevant views of affected people and other stakeholders into decision making, such as project design, mitigation measures, the sharing of development benefits and opportunities, and implementation issues. Non-titled persons refer to those who have no means of recognizable rights or claims to the land they are occupying and includes peoples using private or public land without permission, permit or grant i.e., those people without legal right and title to land and/or structures occupied or used by them. ADB’s Safeguard Policy explicitly states that people cannot be denied resettlement assistance those are involved in any way with the land acquired for the development of the Project. Parcha/RoR is a record of right of a land owner. Project affected Family includes residential households and commercial and business enterprises except CPRs. Project Affected Unit combines residential households (HHs), commercial and business enterprises (CBEs), common property resources (CPRs) and other affected entitles as a whole. Project means the Chittagong-Feni-Bakhrabad Gas Transmission Parallel Pipeline Project of Gas Transmission Company Limited (GTCL). Relocation means displacement or physical moving of affected persons from the affected area to a new area/site and rebuilding homes, infrastructures, provision of assets, including productive land/employment and reestablishing income, livelihoods, living and social systems. Replacement cost refers to the value of assets to replace the loss at current market price, or its nearest equivalent, and is the amount of cash or kind needed to replace an asset in its existing condition, without deduction of transaction costs or for any material salvaged. The calculation of full replacement cost will consider; (i) transaction costs; (ii) interest accrued; (iii) transitional and restoration costs; and (iv) other applicable costs, if any. Replacement land refers to land affected by the Project that is compensated through Provision of alternative land, rather than cash, of the same size and/or productive capacity as the land lost and is acceptable to the AP. In this Project, there is no provision for replacement land. However, additional Project assistance is allowed in the form current market price as grant to the affected persons to buy land lost to the Project.

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Resettlement refers to mitigation of all the impacts associated with land acquisition including restriction of access to, or use of land, acquisition of assets, or impacts on income generation as a result of land acquisition. Squatters includes non-titled and other households, business and common establishments on land owned by the government. Under this Project it includes GTCL acquired land or government land on which people have their structures or income earning sources. Structure includes all buildings, including primary and secondary structures including houses and ancillary buildings, commercial enterprises, living quarters, community facilities and infrastructures, shops, businesses, fences and walls. Vulnerable Households include households that are (i) headed by women with dependents, (ii) households with disabled member/s, (iii) households falling under the generally accepted indicator for Poverty, (iv) elderly-headed households who are landless and with no other means of support, (v) indigenous peoples or ethnic minority households, and (vi) landless households or severely affected households. No households of indigenous peoples or ethnic minority are affected by the Project.

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I. BACKGROUND OF THE PROJECT 1. The Government of the People's Republic of Bangladesh has started to import LNG to ease the Country’s energy crisis and accelerate economic growth and address the current and future challenges of psig demand. A 36" ODx181.0 kmxl000 psig Gas Transmission Parallel Pipeline from Fouzdarhat of Chittagong District to Bakhrabad of Comilla District via Feni has been planned to construct for supplying surplus re gasified imported LNG to national gas grid to meet the overall gas demand of the country after meeting the demand of Chittagong areas.

a. The Government of the people's Republic of Bangladesh has allocated public funds towards the cost of Consultancy Services from External Monitoring Expert to carry out the independent external Monitoring & Evaluation of the implementation of Resettlement Action Plan (RAP) under Construction of Chlttagong-Feni-Bakhrabad Gas Transmission Parallel Pipeline Project". The Pipeline will pass through Sitakunda and Mirersorai upazilas of Chittagong district, Feni Sadar and Chagolnaia upazilas of Feni district and Nangalcote, chouddogram, Laksam, Borura, Chandina, Debidwar, Muradnagar upazilas of Comilla district. proposed pipeline from Chittagong to Bakhrabad will consist around the right of way (8 m width acquisition and 15 m width requisition) and also for 9 Mainline `Valve Stations (25mX35m), 2 Town Bordering Stations (100mX100m), 1metering station (100mX100m), Feni psig Trip & future Compressor Station (100mX200m) areas and will cross four rivers including associated above ground installation along the Right of Way (ROW). The project will use right-of-way (RoW) of an estimated 408.87-acre (Acquisition) and 745.1O-acre Requisition) of agricultural land including house and commercial plots for construction of the Pipeline. The project has prepared and approved a Resettlement Action Plan (RAP) with the help of consultant having compensation package to address the needs of various groups of people to be affected by the gas transmission pipeline installation project.

b. A socio-economic survey has been conducted by a feasibility study consultant as per Asian Development Bank's guideline to assess the overall project impact, collect baseline data on land acquisition, requisition, loss of assets, and livelihoods; and for resettlement planning. Accordingly, the Project has prepared a resettlement action plan (RAP) with the help of consultation having compensation package to address the needs of various groups of people to be affected by the gas transmission pipeline installation project. The Resettlement Action Plan (RAP) was approved by Asian Development Bank (ADB) and Asian infrastructure investment Bank (AllB).'The RAP broadly stated mitigation of losses and restoration of socio-economic status of project Affected persons (PAPs). The core component of the RAP is to provide institutional and financial assistance to the PAPs to replace their lost resources such as land, residential commercial structures, trees, and loss of business/employment opportunities. Both resettlement policy and its implementation are discussed in detail in the Resettlement Action Plan (RAP).

c. As per ADB's policy of resettlement, the livelihood of the affected persons should be maintained at least previous economic status or better. The RAP has been designed in such a way that the affected persons' economic condition will be much better after intervention of the project. The Client has recruited for the implementation of the approved Resettlement Action Plan (RAP).

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II. OBJECTIVE OF THE PROJECT 2. External Monitoring Expert has been recruited to carry out the independent external Monitoring & Evaluation of the implementation of Resettlement Action Plan (RAP) under "Construction of Chittagong-Feni-Bakhrabad Gas Transmission Parallel Pipeline Project". The External Monitoring Expert will work under the guidance of the Project Director, "Construction of Chittagong-Feni-Bakhrabad Gas Transmission Parallel Pipeline Project". 3. The External Monitoring Expert will review and verify the executing agencies' monitoring information and the progress of resettlement as stipulated in the latest resettlement plan. Assess the effectiveness of the executing agency and implementing NGOs in updating the resettlement plan and implementing its requirements and advise the Executing Agency. Monitor and advise the executing agency on carrying out meaningful consultation on the latest resettlement plan. Assess where the updated restoration and enhancement of living standards of the displaced persons, have been achieved. Take measures to mitigate all vulnerable and non-vulnerable titled and non-titled displaced persons have been implemented in accordance with the requirements of the latest resettlement plan. Advise on any social safeguards compliance issues and design corrective actions in cooperation with the executing agency and consultation with the affected persons. Monitor and assess the implementation of these corrective actions. 4. The inception report has been prepared for the Gas Transmission Company Limited (GTCL) of Bangladesh Oil, Gas and Minerals Corporation. The Project includes construction of gas transmission pipeline (181 km) from Selimpur, Fouzdarhat of Chittagong to Bakhrabad of Comilla with associated nine (9) Mainline Valve Station (MLV), one (1) Metering Station and two (2) Town Bordering Station (TBS). Construction of Chittagong-Feni-Bakhrabad Gas Transmission Parallel Pipeline Project is located in three districts of Comilla, Feni and Chittagong. There are 11 upazila/thana and 186 mauza/revenue villages. Alternative Pipeline Route options have been assessed to identify the potency of the proposed site and subsequently select the best option for minimizing the impacts. 5. The implementing NGO Development Organization of the Rural Poor (DORP) has been recruited to provide services for implementation of Resettlement Plan and assisting in land acquisition & requisition under the Construction of Chittagong-Feni-Bakhrabad Gas Transmission Parallel Pipeline Project. In order to fulfill the existing and rising demand of the country after meeting the demand of Chittagong District to Bakhrabad via Feni has been planned to construct. The pipeline will pass through Sitakunda and Mirersarai Upazila of Chittagong District. Feni sadar and Chagalnaia of Feni District and Nangalcot, Chouddagram, laksam, Borura, Chandina, Debidwar, Muradnagar Upazila of Comilla District. 6. DORP will provide services for the implementation of Resettlement at the time of construction around 181 km (8-meter width for acquisition and 15-meter width for requisition) and also for 9 Mainline Valve Stations (25mX35m), 2 TBS (100mX100m), 1 Metering Station (100mX100m), Feni psig Trap & Propose Compressor Station (100mX100m) are and cross four rivers including associated above ground installation along the RoW. The Project has been prepared approving a Resettlement Action Plan (RAP) with the help of consultant having compensation package to address the needs of various group of peoples affected by the gas transmission line construction project. 7. The project will primarily follow the existing RoW, an estimated 408.87 acres of land and 745.1 acres of land (Requisition) of agricultural, house and commercial plots will be required to construct the pipeline. A socio-economic survey was conducted by the feasibility study consultant

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as per ADB’s guideline to assess the overall project impact, collect baseline data survey on land acquisition, requisition loss of assets and livelihoods; and for the resettlement planning. The feasibility study consultant had submitted a Resettlement Action Plan (RAP) that was approved by the ADB and AIIB. In the RAP, there was broadly stated mitigation of losses and restoration of socio-economic status of the PAPs.

III. POLICY FRAMEWORK A. ADB Safeguard Policy on Involuntary Resettlement 8. The following are the objections of the ADB SPS:

1. For any ADB operation requiring involuntary resettlement, resettlement planning is an integral part of project design and from the early stages of the project cycle, this operation will be taking into account the following basic principles: a. Involuntary resettlement (IR) will be avoided or minimized as much as

possible and where IR is unavoidable, displaced persons will be compensated at full replacement cost for their losses;

b. Improve, or at least restore, the livelihoods of all displaced persons and provide physically and economically displaced persons with needed assistance.

c. Carry out meaningful consultations with affected persons, host communities, and concerned nongovernment organizations. Inform all displaced persons of their entitlements and resettlement options.

d. Develop procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlement to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihood status.

e. Ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of non-land assets.

f. Prepare and disclosure a resettlement plan elaborating on displaced persons’ entitlements, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time-bound implementation schedule.

g. Conceive and execute involuntary resettlement as part of a development project or program. Include the full costs of resettlement in the presentation of project’s costs and benefits. Pay compensation and provide other resettlement entitlements before physical or economic displacement.

h. Monitor and assess resettlement outcomes, their impacts on the standards of living of displaced persons, and whether the objectives of the resettlement plan have been achieved by considering the baseline conditions and the results of resettlement monitoring. Disclose monitoring reports.

2. To improve the standards of living of the displaced persons and other vulnerable groups.

3. To design and implement projects in a way that fosters full respect for Indigenous Peoples’ identity, dignity, human rights, livelihood systems, and cultural uniqueness as defined by the Indigenous Peoples themselves so that they a. receive culturally appropriate social and economic benefits, b. do not suffer adverse impacts as a result of projects, and c. can participate actively in projects that affect the persons’ complaints

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4. Prompt, locally accessible, and scaled to risks and impacts 5. Does not impede access to the country’s judicial and administrative remedies 6. Improvement (at least restoration) of displaced persons’ livelihoods 7. Titled holders with legal documents 8. Preference for replacement of land, if livelihood is land-based, or cash

compensation for land at replacement cost 9. All physically or economically displaced persons 10. Replacement of lost non-land assets with assets of equal value or cash

compensation at replacement cost (structures, crops, trees) 11. Compensation of lost incomes (business, employment) 12. Employment, training, credit

B. AIIB Policy on the Project Implementation 9. Asian Infrastructure Investment Bank’s objective is to improve economic and social development in Asia by investing in high quality, financially viable and environment friendly infrastructure projects. Environmental and social sustainability is a fundamental aspect of the Bank’s support for infrastructure development and enhanced interconnectivity in Asia. C. Bangladesh Government Legal and Policy Framework 10. The legal and policy framework of the government of Bangladesh for land acquisition and resettlement underwent reforms over the years. The key legal instrument for Land Acquisition and Requisition is the Acquisition and Requisition of Property Ordinance (ARIPO), 1982 (Ordinance ll of 1982), and the latest and recent Act ‘The Acquisition and Requisition of Property Act, 2017’. The 1982 Ordinance is considered as a stride towards conceding the fact that government continues to reaffirm its commitment towards creating an enabling policy environment so that the compensation covers

i) land and assets permanently acquired (including standing crops, trees, houses); and

ii) any other damages caused by such acquisition.

IV. ASSETS TO BE ACQUIRED BY THE PROJECT 11. The draft Resettlement Plan has been prepared for the Gas Transmission Company Limited (GTCL) of Bangladesh and the proposed project includes construction of gas transmission pipeline (181 km) from Selimpur, Foujdarhat of Chittagong to Bakhrabad of Comilla with associated nine (9) Mainline Valve Stations (MLV), one (1) Metering Station and two (2) Town Border Stations (TBS). Construction of Chittagong-Bakhrabad Gas Transmission Pipeline is located in three districts of Comilla, Feni and Chittagong. There are 12 upazilas/thanas and 191 mauzas/revenue villages. 12. This draft Resettlement Plan has to be finalized and updated during the detailed design and final engineering design and route survey which is the subject to further modification and finalization at the later stage during final design and prior to the construction. The purpose of the Resettlement Plan is to mitigate the impacts caused due to land acquisition and involuntary resettlement and to compensate and rehabilitate the displaced persons /affected persons . The Resettlement Plan is based on Government of Bangladesh's laws and policies related to land acquisition and involuntary resettlement and ADB Safeguard Policy Statement, 2009. The draft Resettlement Plan contains the findings of inventory of loss (IoL) surveys of all affected structures,

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assets and census survey of affected households and persons. Summary details of properties to be affected on land acquisition and resettlement impact is given in the Table 1.

Table 1: Summary of Impacts

Sl. No Category of loss Unit Total

A Land Required for the project Acres 1040.42

A1 Total length of alignment km 181

A2 Total Land for Acquisition (permanent Impact for 8 meters Acres 370.92

1 Private Land for Acquisition (Permanent land acquisition for 8

Acres 367.7

2 Government Land for Acquisition (permanent impact for 8) Acres 3.22

A3 Total Land for Requisition (Temporary land occupation for Acres 669.7

B Loss of Crop Area due to both Acquisition and Requisition Acres 980.43

B1 Affected Crop Area due to Acquisition (8 meters) Acres

B2 Affected Crop Area due to Reacquisition (15 meters) Acres 669.7

C1 Number of physically displaced titled households Nos 708

C2 Number of physically displaced population (titled) Nos 3,387

1 Losing residential structures only Nos 632

2 Losing business/commercial structures Nos 50

3 Losing residential cum commercial structure Nos 26

C3 Number of physically displaced Non-titled households Nos 84

C4 Number of physically displaced Non-titled population Nos 367

D HHs losing secondary structures only Nos 100

E HHs losing business only (having business license) Nos 21

F HHs losing trees only Nos 1

G HHs losing agricultural land only Nos 431

H Number of affect CPR Nos 33

I private/political offices Nos 4

J Total affected no-titled households Nos 1382

K Total affected non-titled Nos 100

1 Encroacher affected by Land Acquisition Nos 7

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2 Squatter (government land) affected by Acquisition Nos 17

3 Informal settler/Utholi (private land)- affected by Acquisition Nos 76

L Total affected population (titled and non-titled) Nos 5693

1 Male Affected Persons by Acquisition Nos 3074

2 Female Affected Persons by Acquisition Nos 2619

M Total affected primary structure sft 781602

M1 Loss of Primary Structures due to Acquisition Nos 1980

1 Residential structures Nos 1953

2 Business/commercial structures Nos 112

3 Residential cum commercial structures Nos 100

4 Common property resources (CPR) Nos 15

M2 Loss of Secondary Structures due to Acquisition Nos 1804

N Loss of Income for Employees due to Acquisition Nos 70

N1 Loss of temporary Income for Share/Cropper and farmers Nos 331

O Vulnerable Households affected by Acquisition (titled 397+non-titled 22) Nos 419

1 Female headed (FHH) Nos 109

2 Headed by physically challenged people Nos 14

3 Headed by elderly (above 60 years) people Nos 197

4 HHs below poverty line Nos 99

V. TASKS TO BE PERFORMED BY THE INGO

Table 2: List of Tasks

Sl. No Name of the tasks

1 Assist GTCL in land acquisition process

2 Preparation and updating of Resettlement Plan

3 Base line socio- economic survey

4 Joint verification and assessment of property

5 Identification of eligible affected persons for Entitlements

6 ID card preparation and distribution for the affected persons

7 Assist affected persons in the process of Resettlement

8 Grievance Redress Processing

9 Computerization of all survey data

10 Data for compensation and entitlement

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11 Entitlement calculation

12 Preparation of Entitled Person files

13 Resettlement data Management

14 Disbursement of Compensation and Entitlements

15 Assist EPs to receiving cash compensation under law (CCL)

16 Assist affected persons in the process of Relocation and Resettlement

17 Participatory monitoring and mobilization of training

VI. COMMITTEES FOR RESETTLEMENT PLAN IMPLEMENTATION

13. There are mainly three committees formed by the government for implementation of the resettlement plan in a project. In a nutshell, the committees are: A. Joint Venture Committee (JVC) 14. For preparation of Resettlement Plan cost valuation of assets of land, structures, trees and other assets are needed to carry out according to the project provision. The valuation will be done by the Joint Verification Committee (JVC). The Committee will comprise one representative of office of the Deputy Commissioner, one official from the Client and one from the INGO. The prime responsibilities of the Committee are:

Asses the valuation of land, trees, structure and other assets of the affected persons

Apply legal protection through government law, Land Acquisition and Requisition of Property Act, 2017

List the different types of properties acquired

Calculate the compensation for each type of asset

Provide award list for each of the affected land owner

Record and identify 100% of affected persons and details of lands by category

Detail process of land acquisition

Arrange appeal by Deputy Commissioner and passed judgments within the time frame fixed by law

And all other functions prescribed by law for the affected persons. B. Property Valuation Advisory Committee (PVAC) 15. For final replacement cost of land, structures, trees and other assets for the affected persons will be determined by the Property Valuation Advisory Committee (PVAC), which will be set up in each of the upazila by the project office at the start of the implementation of the Resettlement Plan. The members of the PVAC are:

Representative of Project office,

Representative of the Deputy Commissioner office

Representative of the concerned Upazila Parishad

Representative of the stakeholders 16. The PVACs will review and verify through field level investigations of:

The replacement values proposed in the Resettlement Plan or Resettlement Plan addendum and recommend the final replacement value for land, structure, trees and crops by type for approval by the Project Director

The PVACs considers the current market price adjustments for any delay of the additional payments

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The PVAC will maintain proceedings C. Grievance Redress Committee GRC (GRC) 17. A grievance redress committee (GRC) is formed by the GTCL as part of the overall performance management system of government of the mandatory strategic objectives. In addition, a project level grievance redress committee will be formed with the following representatives

Representative of GTCL

Representative of Resettlement Plan implementing NGO

Representative of the Local Government Institutions (Local women member from Papilla)

Representative of the affected people

Representative of the Deputy Commissioner 18. There is a recognized system for filing complaints by the affected persons and get remedy of the grievances in the following ways:

Affected persons will be informed in writing by the PMU of their losses and entitlements. If affected persons agree with the conditions of entitlements, they can claim for the payments

If the affected persons disagree, the contact person on behalf of PMU and/or the focal person of the GRC can clarify the decision to the affected persons. The PMU will respond to queries within two weeks. Grievances raised will be documented providing details on the person concern(s) raised, and the action taken by the PMU. If the affected person(s) is/are satisfied, the compensation can be claimed from the PMU.

If the affected person(s) is/are not satisfied, PMU will refer the issue to the GRC who will resolve it within four weeks. A hearing can be called, if needed, to give the affected person(s), chance to present before the GRC in a body.

D. Entitlement Matrix 19. Affected Persons Entitlement Matrix Framed in the Resettlement Plan is required to indicate for the affected persons compensation which is shown in table-3

Table-3: Entitlement Matrix

Entitle person (s) Entitlements Responsible Entities

Types of loss of properties-1: Loss of Agricultural land, homesteads, Industrial land, Common properties land and water bodies (ponds, fish cultivation/or not)

Legal owner recognized by the Deputy Commissioner at the time of payment of compensation

a. CCL payment by Deputy Commissioner b. Additional payment as top-up between the difference of CCL and replacement value from the project. c. Land purchase by EPs i. If the EP(s) on new proper land purchase showed land documents will pay the cost of

Deputy Commissioner, GTCL and INGO of project implementation Agency

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non-judicial stamp and registration ii. Stamp Duty will be according to the compensation or replaced value provided by the Deputy Commissioner office iii. Stamp duty will be got if the new land is purchased within 12 months of the top-up received iv. INGO will provide assistance to the EPs for their land ownership v. INGO will assist the affected persons for searching new land, assessing the land value and preparation of land purchasing documents.

Types of loss of properties-2: Homesteads, structures/installations of residential, commercial/industries situated in the own land of EPs

Owner according to law, ascertained by the Deputy Commissioner

a. CCL payment by Deputy Commissioner b. Additional payment as top-up between the difference of CCL and RV c. EPs will get transfer grant for the respective structure (s). d. Reconstruction assistance based on the types of structure: i. Pucca/semi-pucca ii. Tin shed iii. Raw iv. Fence Owner will transfer their house/structures without cost.


Types of loss of properties-3: Non-titled land owners of homesteads, business structures and other loss of properties (Squatters, social recognized living persons)

Society recognized owner: Homesteads and structures that situated within the project area found under the joint verification

a. EPs will get transfer grant for the respective structure (s). b. Reconstruction grant based on the types of structure: i. Pucca/semi-pucca ii. Tin shed iii. Raw iv. Fence Owner will be entitled to transfer their house/structures without cost. INGO will assist the affected persons for searching new land,


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assessing the land value and preparation of land purchasing documents.

Types of loss of properties-4: Common properties (CPRs) loss for legal owner/ social recognized owner

Deputy Commissioner selects whom as legal owner(s) or registered committee at the time of payment of compensation. Socially recognized owner at the time of joint verification

In the case of legal owner, payment of CCL and difference of CCL and replacement value which is paid from the project. In the case of social recognized owner for transferred value. Legal owner and social recognized owner will get transfer grant. Reconstruction grant based on the types of structure Owner will be entitled to transfer their house/structures without cost.

Deputy Commissioner, GTCL and INGO project implementation Agency

Types of loss-5: Loss of cremation or graveyard situated on the land of government/private

Deputy Commissioner selects whom as legal owner(s) at the time of payment of compensation to the graveyard. Socially recognized owner at the time of joint verification Affected cremation ground which is or are situated in the i. private land owner and ii. govt/khas land

In the case of both legal owner and social recognized graveyard owner for transfer and reburied. In the case of legal owner, payment as CCL by the Deputy Commissioner and replacement value from the project INGO will assist the affected persons for searching new land for graveyard/cremation ground.


Types of loss of properties-6: Owners of trees on private land and owner/ of trees on government land

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Legal owner/titled owner whom the Deputy Commissioner selected as owner Social recognized owner(s) who cultivated trees on government land/others land and who has recognized owner by the joint verification Owner (s) of trees such as forests, district council, union parishad and izarader (trees on government lands)

I. In the case of legal owner: trees and bamboos which Deputy Commissioner provided compensation as cash and difference between CCL and replacement value which is fixed by the PVAC ii. For the fruits bearing trees: CCL and difference between CCL and replacement value which is fixed by the PVAC. In spite of that, mean of three years production of fruits will be given on the basis of market price. For the case of social recognized owners: Trees and bamboos replacement value which is fixed by PVAC. For the fruits bearing trees: replacement value which is fixed by the PVAC. In spite of that, mean of three years production of fruits will be given on the basis of market price

Deputy Commissioner, GTCL and INGO of the project implementation Agency

Types of loss of properties-7: Loss of Agricultural structure, standing crops on land/fish in the pond for legal owner and social recognized owner

Legal owner, and recognized by Deputy Commissioner and GTCL on the joint verification and who are owner/ user by survey as identified and selected in the joint verification

In the case of legal owner: CCL will be given by the Deputy Commissioner and the difference between CCL and replacement value will be paid from the project. In the case of social recognized owner: replacement value will be given as fixed by the PVAC. In the case of legal owner and social recognized owner: Agricultural structure and investment in the land will be given as RV. Owner and the land users will bring the crops and fish freely.


Types of loss-8: Lease or mortgage of agriculture/commercial land or pond

Owner(s) within the RoW of the project of agricultural and commercial land plot

Deputy Commissioner will give CCL as legal compensation for the lease/contract holders Social recognized Bhagh farmers and licenses will get cash and for


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Legally and social recognized lease receiver/ licenses/ borgader

agricultural land and ponds lease receiver will get cash also The farmers will be entitled to bring crops/fish freely. INGO will assist agricultural land and pond for getting lease

Types of loss- 9: If income and fare losses incurred for businesses and industries situated in the lands of own or ownerless for relocation under private/government land

Any businessman or technician within the acquired land in house or installations was doing the functions

The affected person will get grant on the condition of showing required documents at the time of audit/income tax return. If documents could not be shown, the he/she will get average income of three months determined by PVAC


Type of loss -10: Temporary loss of income (Agriculture labourer and small business promoter, owner or appointer

Regular employee/day labourer who were affected due to project

Cash grant for temporary loss of income

Deputy Commissioner, GTCL and INGO of the project implementation agency

Type of loss -11: Loss of income from the Residence/business structures on let

legal owner of the structure on let/owner as right who are identified on survey and verified by the JVC

legal owner of the structure on let/owner as right will get fare equal to two months income


Types of loss-12: Loss of income from the Residence/business structures on let

Family/person on let the structure identified on survey

Persons of Residence /business structures on let will be assisted fare equal to two months income for transfer grant for once. INGO will assist to search another place for taking fare


Types of loss-13: Utility reconnection (gas, electricity, telephone, water, sewerage etc.

Identified by Deputy Commissioner/verified on survey “Original” residence /commercial structure utility connection

Compensation from GTCL for new utility connection will be paid: I. Gas connection ii. Electric connection iii. Telephone connection iv. Water connection v. Sewerage connection


Types of loss-14: Vulnerable affected family assistance

Vulnerable affected family by the verification of JVC Except this, woman headed family and

One member of the vulnerable family will get chance for livelihood restoration programs.


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autistic person will get special assistance

Woman and autistic family head will get at one time special grant

Types of loss-15: Most vulnerable family (who has lost land from 80%-100%)

Most vulnerable families identified by the JVC

One member of the vulnerable family will get chance for livelihood restoration programs Woman and autistic family head will get at a time special grant.


Types of loss-16: Livelihood restoration programs

One member each from the vulnerable family and most vulnerable family. Additional assistance for woman for training in the programs

Cost for implementation of the programs: Every trained member will get “seed grant” Additional assistance for woman trainee.

Deputy Commissioner, GTCL and INGO of the project implementation agency

VII. SCOPE OF WORKS FOR THE EXTERNAL MONITORING EXPERT

20. The following are the scope of works assigned by the Project:

1. Review and verify the executing agencies monitoring information and the progress of resettlement as stipulated in the latest resettlement plan

2. Assess the effectiveness of the executing agency and implementing NGOs in updating the resettlement plans and implementing its requirements and advice the Executing Agency about required improvements

3. Monitor and advice the Executing Agency on carrying out full and meaningful consultation on the latest resettlement plan

4. Assess whether all compensation and mitigation measures for all displaced persons have been implemented with a focus on vulnerable groups in accordance with the requirements of the latest Resettlement Plan

5. Review setting complaints and grievances; and provide guidance for Executing Agency to address the grievances in accordance with the Resettlement Plan

6. Assess whether the objectives of the Resettlement Plan, particularly the restoration and enhancement of living standards of displaced persons, have been achieved

7. Advise the Executing Agency on any social safeguards compliance issues and design corrective action in cooperation with the Executing Agency and consultation with the affected persons; and monitor and assess the implementation of these corrective actions

8. Prepare quarterly, semi-annual/half yearly external social monitoring reports, and submit these to the executing agency and ADB.

VIII. METHODOLOGY OF THE WORKS

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A. Review and verify the Executing Agency’s monitoring Information and the progress of resettlement as stipulated in the latest resettlement plan. 21. The following subjects will be taken for review and verification for monitoring information and progress of resettlement on Resettlement Plan:

Review of the land acquisition process

Review of the resettlement plan

Verification of the socio-economic survey

Counting of the total number of titled and non-titled affected persons according to Resettlement Plan

Monitoring on the titled persons through SES examined by INGO

Monitoring on the non-titled persons through SES examined by INGO

Monitoring through indicators established by ADB

Suggestions for the improvements of the monitoring indicators 22. Monitoring indicators will be considered to review the monitoring information and will be improved according to the project provision and ADB & AIIB guidelines as indicated in table-4:

Table-4: List of Indicators of ADB

Location of the project

Composition and structure, ages, educational, and skill levels

Gender of household head

Ethnic group

Access to health, education, utilities, and other social services

Housing type

Land and other resource-owning and resource-using patterns

Occupations and employment patterns

Income sources and levels

Agricultural production data (for rural households)

Participation in neighborhood or community groups

Access to cultural sites and events

Valuation of all assets

B. Assess the effectiveness of Executing Agency and INGO in updating the resettlement plan and implementing its requirements 23. The approach and methodologies are:

Discuss the latest Resettlement Plan for assessing the role of PIU/PMU for Resettlement Plan implementation and resettlement of the PAPs;

PIU/PMU will engage an INGO to for implementation of Resettlement Plan in terms of compensation distribution and resettlement of the PAPs including livelihood restoration of the PAPs;

Maintenance of close communication with district administration for land acquisition process activation;

Ensuring budget and availability of fund for all activities relating to PAPs;

Monitoring on the effectiveness of entitlement packages and payment modalities;

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Verify the formation of committees in time of demand by the PMU/PIU with the assistance of INGO

Verify documents of INGO to assist PMU/PIU for finalizing and updating Resettlement Plan

Verify the activeness of INGO to assist PMU for necessary budgeting for the preparation, updating and implementation of Resettlement Plan

Examine the role of INGO to identify vulnerable HHs, lead in JVC/PVAC/GRC formation and assistance, counseling and awareness building, steps for resolving grievances of the PAPs etc.

C. Advise the Executing Agency for required improvements of the latest resettlement plan 24. The methodology to be followed is as follows:

Discuss the latest Resettlement Plan and all processes for implementation;

Verify the Draft Resettlement Plan and Final Resettlement Plan prepared by the original consultant and find out the differences and its causes

Assess the implementation arrangements by the PMU/PIU with the assistance of INGO

Assess whether all the affected persons were enlisted correctly after field verification of INGO

Verify the activities of INGO to assist PAPs for disbursement of compensation

Examine documents and field activities for disclosure of the project, brochure, leaflets and arrangements and participation in public and focus group discussion (FGD) meeting for awareness of the affected peoples

Check whether the requirements for affected persons were fulfilled appropriately based on the latest Resettlement Plan.

D. Monitor and Advise the Executing Agency to carry out full and meaningful consultation on the latest resettlement plan

25. Points to note in ensuring that the Executing Agency will follow the requirements for consultation and participation:

Requirements of the Resettlement Plan

Covering all the required terms and condition for the full payment of the affected persons

Whether the INGO implemented all the requirements of the demands according to Resettlement Plan

Whether the Resettlement Plan was updated by fulfilling all the requirements for the affected persons by the INGO

Whether all the expected requirements of Executing Agency were fulfill by the INGO

E. Verification of internal monitoring information in Resettlement Plan 26. The Executing Agency will verify internal monitoring information through review of documents and field investigations with affected persons and other relevant stakeholders.

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(i) The implementation of Resettlement Plan will be closely monitored verifying internal information in extent of monitoring activities commensurate with the project’s risks and impacts. Monitoring will involve the following methods:

Review of the latest/final Resettlement Plan and implementation progress made by the INGO

Socio-economic-survey monitoring during and after any resettlement impact utilizing baseline information;

Overall monitoring to assess status of affected persons.

Monitor the progress of implementation of safeguard plans,

Verify in compliance with the safeguard measures and their progress toward intended outcomes,

Documents produced by the INGO and discloser of the monitoring results, identifying necessary corrective and preventive actions.

Ensuring in compliance with the social safeguard policies of ADB.

Verify their compliance with safeguard measures and their progress toward intended outcomes.

Document and disclose monitoring results and identify necessary corrective and preventive actions in the periodic monitoring reports.

Review of the documents and records prepared by the INGO

Verify actual field data obtained from the investigation found from the affected persons and stakeholders

Verification of the livelihood status of the affected persons (ii) This internal monitoring information will also cover the updated status of implementation that includes disbursement of payments, Grievance Redress Mechanism, Disclosure of information, institutional arrangements, details components of which are presented below:

No. of displaced persons paid, unpaid and being paid;

Status of land acquisition;

Loss of structures and status of payments and income restoration;

Affected fruit and timber/ wood trees and status of their payments;

Affected crops and payments;

Payment of allowances including rehabilitation, livelihood restoration and vulnerability allowances;

Category of payment of land compensation including payments to the displaced persons: (a) not living in the project area, (b) have meager amounts of compensation, (c) do not have bank accounts and national ID cards, (d) and have issues with land titles/ownership or inheritance matters;

Efforts underway to complete all category of payments;

Complaints/ redress management. F. Assess whether the objectives of the resettlement plan for relocation, restoration and enhancement of living standards of the displaced persons, have been achieved 27. To assess whether objectives of the Resettlement Plan are met, the following will be conducted:

Monitor the objectives of the relocation and restoration of the displaced persons

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Identify the total number of displaced persons to be relocated according to the latest Resettlement Plan

Identify the place of relocation

Examine were they got all compensation entitlements in time

Examine the role of INGO for assisting the displaced persons for relocation

Mention indicators to verify the restoration and enhancement of the displaced persons standard of living

Compare their present standard of living better than the pre-relocation time

Suggest the indicators to measure the better living standard

Number of displaced persons under the rehabilitation programs (women, men, and vulnerable groups).

Number of displaced persons received vocational training (women, men, and vulnerable).

Types of training and number of participants in each.

Number and percentage of displaced persons covered under livelihood programs (women, men, and vulnerable groups).

Number of displaced persons who have restored their income and livelihood patterns (women, men, and vulnerable groups).

Number of new employment activities.

Extent of participation in rehabilitation programs.

Extent of participation in vocational training programs.

Degree of satisfaction with support received for livelihood programs.

Percentage of successful enterprises breaking even (women, men, and vulnerable groups).

Percentage of displaced persons who improved their income (women, men, and vulnerable groups)

Percentage of displaced persons who improved their standard of living (women, men, and vulnerable).

Number of displaced persons with replacement agriculture land (women, men, and vulnerable groups)

Quantity of land owned/contracted by displaced persons (women, men and vulnerable groups)

Number of households with agricultural equipment

Number of households with livestock G. Assess whether all compensation and mitigation measures of the displaced persons have been implemented with a focus on vulnerable groups according to the latest resettlement plan 28. Affected Persons should be made well-informed and aware of their entitlements and the basis for them as well as the system of disbursement of entitlements resulting from losses suffered due to the project.

Entitlements disbursed, compared with number and category of losses set out in the entitlement matrix.

Disbursements against timelines.

Identification of the displaced persons losing land temporarily, e.g. through soil disposal, borrow pits, contractors’ camps, been included.

Timely disbursements of the agreed transport costs, relocation costs, income substitution support, and any resettlement allowances, according to schedule.

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Provision of replacement land plots.

Quality of new plots and issue of land titles.

Restoration of social infrastructure and services.

Progress on income and livelihood restoration activities being implemented as set out in the income restoration plan, for example, utilizing replacement land, commencement of production, the number of the displaced persons trained in employment with jobs, microcredit disbursed, number of income-generating activities assisted.

Affected businesses receiving entitlements, including transfer and payments for net losses resulting from lost business.

Verify the number of titled and non-titled affected persons according to Resettlement Plan

Verify the total number of them after updating the Resettlement Plan

Verify the eligible affected persons based on the updating Resettlement Plan

Special steps for focusing the vulnerable affected persons based on latest Resettlement Plan

Affected persons for proper acknowledge of all compensation and additional compensation

Affected persons for proper acknowledge of the entitle Matrix of all compensation lists

Verification of entitlements based on loss of land and other properties

Monitoring of measures that taken for implementation for the displaced persons according to EM

Provide special assistance to vulnerable groups, defined in the Resettlement Plan and Entitlement Matrix

H. Review the setting of complaints and grievance redress of the Affected Persons and provide guidance to the Executing Agency with the Resettlement Plan Methodologies 29. The methodology for the review of the GRM is as follows:

Review of the proper formation of the GRC

Receipt of the complaints by the GRC from the affected persons and verify documents

Knowledge about Grievance Redress Mechanism by the affected persons

Required meetings and processes taken by the GRC to send documents to the Project Director

Steps taken for mitigation of the grievances by the EA

To provide guideline to the Executing Agency based on the latest Resettlement Plan

I. Advise the Executing Agency on any social safeguards compliance issues and design corrective action in cooperation with the Executing Agency and consultation with the affected persons; and monitor and assess the implementation of these corrective actions 30. According to the project aim and legal protection of the government and the ADB and AIIB, the following gaps between the legal framework and the main safeguard compliance issues. We should discuss first ADB safeguards Policy. ADB Safeguard Policy Statement, 2009 describe its requirements for the affected peoples as a social safeguards compliance. The objectives of SPS with regard to involuntary resettlement are:

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to avoid involuntary resettlement wherever possible;

to minimize involuntary resettlement by exploring project and design alternatives;

to enhance, or at least restore, the livelihoods of all displaced persons in real terms relative to pre-project levels; and

to improve the standards of living of the displaced poor and other vulnerable groups.

31. The SPS covers physical displacement (relocation, loss of residential land, or loss of shelter) and economic displacement (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. It covers displaced persons whether such losses and involuntary restrictions are full or partial, permanent or temporary. 32. For any ADB operation requiring involuntary resettlement, resettlement planning is an integral part of project design, from the early stages of the project cycle, taking into account the following basic principles:

Involuntary resettlement will be avoided or minimized as much as possible and where involuntary resettlement is unavoidable, displaced persons will be compensated full replacement close for their losses;

Improve, or at least restore the livelihoods of all displaced persons and provide physically and economically displaced persons with needed assistance.

Carry out meaningful consultations with affected persons, host communities, and concern and other stakeholders. Inform all displaced persons of their entitlements and resettlement options.

Develop procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlement to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihood status.

Ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of non-land assets.

Prepare and disclosure a resettlement plan elaborating on displaced persons’ entitlements, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time-bound implementation schedule.

Social safeguards compliance issues are generally expected to relative to the ADBs Operational Policies on Involuntary Resettlement and Indigenous Peoples

The Safeguard Policy Statement (SPS) of ADB requires full compensation at the rate of full replacement cost and livelihood restoration.

ADB policy conspicuously underlines the obligations to ensure that the PAPs are fully resettled including livelihood restoration, support to vulnerable groups and indigenous communities.

Assist displaced persons to improve (or at least restore) pre-project living standards (resettlement as a development program

Promote community participation in planning & implementation of resettlement

Provide assistance to people regardless of legality of land tenure

Review of the social safeguard of the affected persons under this project

Social safeguards under the legal provision of the Project

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Understanding about the safeguards issues by the affected persons/displaced persons

Full conception about compensation entitlement by the affected persons

Safeguards indicated in the Entitled Matrix

Disclosure of the safeguards to the affected and relocated persons

Sustainability of social safeguards after the project completion

According to the 1982 Ordinance, Deputy Commissioner is the absolute authority to acquire both movable and immovable property in accordance with the law

The Deputy Commissioner acquires the land, and compensation is paid by the Deputy Commissioner’s office. However, according to the law, there is no definitive method of payment of compensation. Once compensation is paid, the ownership transfers to the RB. Provision of Compensation under the Current Land Acquisition Law clearly stipulates that cash compensation should be given for compulsory land acquisition under the 1982 ordinance or within the scope of the law. The ordinance of 1982 has the provision for ascertaining ‘fair value’.

Market value (termed the full market value) of the property that is described in Section 8 of the Ordinance, 1982 and stipulates that Deputy Commissioner will take into account the properties of the similar description and with similar advantages in the vicinity during the twelve months preceding the date of publication of the notice under section 3 in order to ensure fair value.

According to the law, compensation must be paid before the authorities take possession of the property. Claims for compensation by persons who have an interest in or the rights to the proposed property can be made within 10 days and 15 days under the Act of 1982.

According to the Acquisition and Requisition of Immovable Property Act, 2017 under section 9, Deputy Commissioner will pay to the land Awardees 200% in addition to the actual current market rate. Even if the requiring body is private person, then the payment will be 300% to the land affected person

J. Monitor the process of resettlement plan by the Executing Agency on the established and agreed monitoring indicators

33. Implementation of the resettlement plan and process will be monitored through established and agreed monitoring indicators. The important and related monitoring indicators contain achievement of the objectives under the resettlement program. These indicators shall be assessed for the implementation process, outcomes and impacts. ADB fixes some defined indicators by which internal monitoring and indicators for the External Monitoring will yield expected results of the project implementation, specially the target for the livelihood of the affected people. The indicative monitoring indicators are presented in table-5.

Table 5: Monitoring and Evaluation Indicators

Type Category of Indicators

Process Indicator Number of consultation and participation programs held with various stakeholders on entitlement

Grievance mitigation

Setting up Resettlement Unit (RU)

Placement of Project staff

Deployment of implementing agencies

Training of RU staff

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Survey for the identification of affected persons and Non-affected persons

Household Census, Baseline and Socio-Economic Survey

Placement of funds for land acquisition

Expenditure of implementing agencies

Deployment of independent agency for external monitoring

Procedure of determining loss and entitlements

Inventory of losses

Procedure of allocation of resettlement plots

Development of livelihood and income restoration programme

Disclosure and consultation events

Objection redress procedures in-place and functioning

Public awareness on Resettlement Plan policy and provisions

Cost of compensation collection by affected persons

Monitoring reports submission

Outcome Indicator Number of households relocated

Number of vulnerable households resettled

Number of households compensated and assisted

Number of businesses relocated

Number of affected persons purchasing replacement agricultural land

Amount of compensation disbursed

Amount of resettlement benefits disbursed

Number of eligible persons identified for training

Impact Indicators Changes in housing of the resettlement area

Changes in water and sanitation

Changes in land holding

Changes in occupation

Changes in communication

Changes in income and expenditure

Changes in attending health problems

Nutrition of women and children

Women empowerment

Changes in ethnic households’ socio-economic condition (if any)

Changes in women headed households

K. Verification of internal monitoring information through review of the documents 34. The following documents will be reviewed and evaluated for internal monitoring:

Latest Resettlement plan Field book and award book prepared by the office of Deputy Commissioner for the

purpose of land compensation to the affected persons Socio-economic survey book prepared by INGO for consideration of the total

affected persons Joint verification report by the JVC for actual payment as CCL Review of the report prepared by joint verification advisory committee for additional

payment as top-up to the affected person as per the ADB strong requirements Evaluation of the complaints filed by the affected persons being aggrieved not

resolving the payment process

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Document on the preparation entitled person files, ID card, bank account opening report

Data prepared for the all affected persons for entitlements payments Brochures, leaflets, consultation meeting documents, FGD reports etc.

L. Document the implementation of compensation, relocation and livelihood restoration measure for both titleholders and non-titleholders with clear indication for progress on top-up payments stipulated in the updated resettlement plan and assess whether these have been carried out in full 35. The compensation provision in lieu of acquisition is now an established system, although those losing land, especially those losing residence or land for agricultural livelihood is a serious issue in the resettlement plan. Monitoring on the affected persons who have lost their land, structures, trees and other assets whether they are compensated according to the legal protection, affected persons who have relocated losing all the assets he/she belonged to are compensated having all compensation entitled to and according to ADB guidelines and the Project provision, the affected persons and displaced persons are entitled to restore their livelihood as the pre-project status or better condition after providing proper training according to their accessibility power shall be ensured by the Implementing NGO. Now methods will be applied to document by monitoring the following issues of the affected peoples:

According to the Resettlement Plan and preference of the affected persons, compensation to the households losing either homesteads or businesses will be in cash at replacement cost;

Various assistances/allowances indicative to the loss of business income;

Provisions for additional assistances such as assistance for severely affected households, vulnerable households etc. according to the entitlement matrix.

Document the affected persons having no legal title but be compensated for non-land assets and vulnerable non-titled holders providing additional top-up assistance;

Monitoring on the system of implementation by INGO in relocating the titled and non-titled affected persons;

Special emphasis on the functions taken by the implementing NGO to support the affected households, particularly vulnerable and severely affected households, in identifying suitable homestead land for construction of residential/business structures.

Documented that affected households are provided as per training need to manage proper utilization of compensation money, so that they do not spent in non-productive expenses;

Verify and document that the common property resources (CPRS) are supported and required for relocating and reconstructing in new settled places in consultation with the respective stakeholders.

M. Livelihood Restoration Measure 36. The monitoring on the income and livelihood restoration depends on the improvement of all displaced persons. The persons losing their livelihood resources or places will be supported with cash grants and allowances. Additional cash grants and allowances will also be provided to supplement the lost income. The implementing NGO will assist the households affected by losses of businesses/commercial activities, particularly vulnerable and non-titled households, in developing suitable relocation of these businesses/commercial activities. The implementing NGO,

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with defined timelines and budget that will be included in the final Resettlement Plan based on the final engineering design of the project. The following measures will be taken to support for livelihood restoration of income and economic rehabilitation of the affected or displaced persons:

Support for loss of structures for Commercial Activities Assistance to re-establish business/enterprises Assistance to severely affected displaced households Assistance to affected wage labors in affected shops Assistance to vulnerable affected persons Support for loss of Income for share/cropper, tenant and fish farmer etc. Employment in construction work

N. Assess the effectiveness of consultation, participation and grievance redress by reviewing the relevant document and consulting the key stakeholders. 37. The aim of the consultation process and participation by the project affected persons and concerned stakeholders is to ensure that they are informed about project information and that all relevant views of affected people and other stakeholders are incorporated into decision making, including project design, mitigation measures, sharing of development benefits and opportunities, and implementation issues. Public consultation is needed to obtain public opinion towards proposed project, and sensitive and critical issues, and minimize the adverse social and resettlement impact. Consultations with affected persons will be organized to ensure affected persons understand and support the project, and active participation so that conflicts are avoided. Key requirements for affected persons concerns are adequately taken into account. 38. Grievance arises from loss of land and other assets due to the cause of compensation. Affected persons have rights to know the provisions of compensation and of the procedures for addressing complaints either orally or in writing to the respective forum previously of the implementation of the project and compensation awarding. Care will always be taken to prevent grievances rather than going through a redress process. This can be done through careful land acquisition and resettlement design and implementation, by ensuring full participation and consultation with the APs. Effective communication and coordination between the affected communities, the stakeholders and local representatives of the government in general. The prime responsibilities of the INGO are to assist the affected people, particularly those are directly affected by the project components will have their right to express their legitimate grievance in a proper forum or to file a complaint about the grievances to raise the issues. 39. According to the above discussions the following methodologies will be considered:

Examine local authorities and communities and all types of affected persons.

Stakeholders consultation, whether they are fully informed of their right and privileges;

Disadvantaged and vulnerable groups such as the elderly, the poor, the landless and women headed households and indigenous people whether included in the consultations meeting or not;

Examining the preparation and distribution of project information brochure, leaflets in relevant local language(s) and outlining a brief description of the project and its impacts, eligibility for entitlements, responsible agencies, cutoff date/s for compensation eligibility by the INGO;

Monitor the transparency in all actions and documentation related to resettlement was ensured by the INGO;

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GRM relates to land and associated assets, compensation rates, measurements, and payments, and impacts during project implementation and now verify the related documents of adaptation of a simple, accessible, transparent and effective grievance redress system which of three categories of grievances with involuntary resettlement impacts by the INGO;

Verify the procedures of addressing disputes and complaints of the affected persons and a grievance redress mechanism whether established according to the Resettlement Plan provision.

To discuss the national laws ADB safeguard policy and their eligibility and entitlements for livelihood in connection with land acquisition, Resettlement policies and compensation mechanism.

O. Design and Monitor corrective measures in cooperation with the Executing Agency and consultation with the PAPs 40. The RAP processes shall involve consultation and participation with the affected groups. The nature of the rural structure and the complexities of the conflicts between the different interest groups and the way government programs are normally planned and implemented in Bangladesh make the consultation process difficult. 41. In spite of that, the following experiences acquired by the Consultant, will develop innovative procedure and implement the guidelines on consultation with affected groups, government agencies and INGO documents. The methodology to be followed is FGD with affected people, and representatives of the relevant local government agencies.

Prepare a consultation strategy to ensure all affected people and stakeholders are fully aware of the project

View of such stakeholders on the consequences of the project are taken into account consideration

Design corrective measure whether compensation on land, structures, trees and other properties have been given to the PAPs according to the Entitled Matrix

Monitor on the additional payments were paid according to the project facilities

Verify the activities of the INGO workers; check whether all losses are recorded in SES form and what mitigation measures are required

Record whether titled and non-titled every PAP is fully aware about their entitlements

Verify whether the victim affected persons were able to lose their complaints with the help of INGO and raise their every complaint to the GRC

Consultations organized as scheduled including meetings, groups, and community activities.

Knowledge of entitlements by the displaced persons.

Use of the grievance redress mechanism by the displaced persons.

Information on the resolution of the grievances.

Information on the implementation of the social preparation phase.

Implementation of special measures for Indigenous Peoples.

Consultation on the draft RAP.

Consultation with the updated RAP.

All issues and views expressed by the different stakeholders shall be incorporated in the evaluation report.

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P. Preparation of detailed corrective action plans to remedy any non-compliance with the resettlement plans and monitor their implementation. 42. The following procedures/actions shall be implemented by the Client with the help of the INGO. The executing agency offer appointment through engaging INGO to implement the field level responsibilities of the Client for the project affected people with compliance of resettlement plan. If the INGO perform their works with some non-compliance of the project resettlement plan and also the non- compliance of the ADB’s Safeguard Policy, then the remedy will be suggested in the monitoring reports. The following steps to be implemented in the resettlement action plan:

Share information about land acquisition and requisition to the people of the project area

Prepare effective land acquisition plan for the affected people and inform them about details

Prepare full assessment of the titled and non-titled affected persons

Full disclose of the compensation benefits and other entitlements of the affected persons

Disclose the Entitlement Matrix to the PAPs

Present of the land affairs to the Acquiring Body for cash compensation on land, structures, trees and other properties

Provide clear information about additional top-up entitled by the PAPs to them

Acknowledge about relocation cost entitlement, purchasing suitable land, building of structures, businesses which are entitled from the project provision and the provision of ADB’s Safeguard Policy

Provide information about mechanism on grievance redress

Inform affected persons any other related compensation entitlements as well as all sorts of benefits payable to the affected persons should be ensured by the INGO in cooperation with the Executing Agency

Q. Asses the latest Resettlement Plan has been implemented and standard of living has been improved for the vulnerable affected persons

Resettlement Plan is organized for the affected people due to land acquisition for the project implementation

Livelihood styles of the indigenous people, land titled and non-land tiled persons, business depended persons, poor and vulnerable households became worst sufferer due to project undertaken

The aim of the project executing authority and ADB offer restriction prior to the implementation of the project keeping full benefit and extra benefit to the affected persons so that they can receive full compensation from the project fund including additional compensation from the project

The initial draft Resettlement Plan has been updated based on the results of the field verification; all necessary information about affected people have been collected.

Livelihood restoration of the affected people is one of the main objectives of Resettlement Plan preparation.

When latest Resettlement Plan is implemented successfully, then standard of living of the affected persons are restored and improved

As an external monitoring, the prime duty will be to verify the records and affected people directly whether the standard of living of that people has been achieved/restored

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All the information gathered in the latest Resettlement Plan shall be verified with strong consideration for the affected people.

IX. SCHEDULE OF WORK PLAN

Table 6: Work Plan

Sl. No

Tasks 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18

First Phase

1 Staff requited

2 Establishment of offices

3 Verify Inventory of Loss and progressing updating of RAP

4 Verify Collection of Award

5 Examine updating of Entitled Person files

6 Examine updating of EC

7 Information Campaign

8 Personal contact with affected persons, displaced persons and Stakeholders

9 Community meetings with affected persons and Stakeholders

10 Consultation meeting with affected persons and stakeholders

11 Verification of distribution of leaflets to affected persons and stakeholder

12 Verification of distribution of Brochures to affected persons and stakeholders

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13 Verification of Public Announcement for affected persons and stakeholders

14 Examination of Land Acquisition Plan

15 Information Dissemination

16 Examine formation of Team (JVC, PVAC, GRC)

17 Check whether all JVC members fully aware of their functions

18 Check whether all PVAC members fully aware of their function

19 Check whether all GRC members fully aware of their functions

Implementation Stage

20 Verify whether INGO assist PMU for finalization of Alignment

21 Verify submission of land acquisition plans to Deputy Commissioners

22 Examine notices u/s 3,6,7 were fully served on behalf of Deputy Commissioner to affected persons

23 Verify joint verification and valuation of properties

24 Quantify loss of properties

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25 Verify the value of affected properties

26 Comparison properties with the draft data

27 Verify Cost estimation and budget

28 Examine ID Card issue

29 Monitoring on the payment of CCL

30 Monitoring on the additional grants to EPs

31 Verify types of resettlement benefits

32 Verify how affected persons are aware of resettlement processes

33 Knowledge of affected persons to relocating themselves

34 Verify the satisfactory relocation of affected persons

35 Full knowledge of livelihood restoration programs to affected persons

36 How training was provided to them for LRP

37 Verify how affected persons were assisted in GRM process

38 Whether affected persons are fully aware of GRM process

39 Participatory approach in GRM

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40 Preparation / updating payment statement to affected persons

41 Disbursement of resettlement benefit

42

Monitoring and Evaluation stage

43 Monitoring tools for implementation progress

44 Monitoring and supervision

45 Information management

46 Coordination

47 Inception report

48 Monthly Progress report

49 Midterm report

50 Draft final report

51 Final report

X. SUBMISSION OF PROGRESS REPORTS

Table 7: Reporting Schedule

Items Jan

Feb

Mar

Apr

May

Jun

Jul

Aug

Sep

Oct

Nov

Dec

Jan

Feb

Mar

Apr

May

Jun

Inception Report

1st progress report

2nd Progress report

3rd progress Report

Draft final Report

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Final Report

N.B: Prepare semi-annual external social monitoring reports with not less than 20% sample size as per ADB and AIIB requirements and submit it to the Executing Agency