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Phulbari Coal Project Public Consultation and Disclosure Plan · Public Consultation and Disclosure Plan ... Summary of OP 4.01 on Public Consultation and Disclosure ... TMSS Thengamara

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Page 1: Phulbari Coal Project Public Consultation and Disclosure Plan · Public Consultation and Disclosure Plan ... Summary of OP 4.01 on Public Consultation and Disclosure ... TMSS Thengamara
Page 2: Phulbari Coal Project Public Consultation and Disclosure Plan · Public Consultation and Disclosure Plan ... Summary of OP 4.01 on Public Consultation and Disclosure ... TMSS Thengamara
Page 3: Phulbari Coal Project Public Consultation and Disclosure Plan · Public Consultation and Disclosure Plan ... Summary of OP 4.01 on Public Consultation and Disclosure ... TMSS Thengamara

Document Status:

Reviewer Approved for Issue Rev. No. Author Name Signature Name Signature Date

Final Geerdse, P Barendse, E Dr Len Drury Dr Len Drury* April, 2006 Public Consultation and Disclosure Plan Reference No. 56045.smec.06a (Final)

Prepared by: SMEC Australia Pty Ltd, 2005 Level 5 118 Walker Street NORTH SYDNEY NSW 2060 © Asia Energy Corporation (Bangladesh) Pty Ltd 2005 This document is and shall remain the property of Asia Energy Corporation (Bangladesh) Pty Ltd. The document may only be used for the purposes of which it was commissioned and in accordance with the Terms of Engagement for this commission. The contents of this document cannot be used or copied without the prior written permission of the Chief Executive Officer of Asia Energy Corporation (Bangladesh) Pty Ltd.

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Environmental & Social Impact Assessment (ESIA) of Asia Energy’s Phulbari Coal Project Section 1 of Volume 4

Final Report April 2006

Public Consultation and Disclosure Plan Page - i

TABLE OF CONTENTS ABBREVIATIONS ...................................................................................................................................iii 1 INTRODUCTION............................................................................................................................1 2 PROJECT DESCRIPTION.............................................................................................................2 3 REGULATIONS AND REQUIREMENTS ......................................................................................5

3.1 National Legislation and Practice ........................................................................................5 3.2 International Requirements .................................................................................................6

3.2.1 International Conventions .....................................................................................6 3.2.2 International Guidelines and Procedures ..............................................................8

4 REVIEW OF PUBLIC CONSULTATION AND DISCLOSURE ACTIVITIES ...............................14 4.1 Project Personnel Involved................................................................................................14 4.2 Stakeholders .....................................................................................................................16

4.2.1 Local Individuals, Communities and Special Interest Groups .............................16 4.2.2 Government Authorities, Local Government Representatives and Public Sector

Agencies .............................................................................................................16 4.2.3 Nongovernment Organisations (NGOs) ..............................................................17 4.2.4 Other Stakeholders .............................................................................................18

4.3 Current Public Consultation Programme ...........................................................................18 4.3.1 Project Information Centre ..................................................................................19 4.3.2 Project Brochure, Information Sheets and News Updates ..................................20 4.3.3 Consultation with Government Authorities and Local Government

Representatives ..................................................................................................21 4.3.4 Consultation with NGOs......................................................................................21 4.3.5 Village/Ward Level Consultation .........................................................................22 4.3.6 Group Discussions and Case Studies: Special Interest Groups .........................22 4.3.7 Subject Specific Surveys.....................................................................................23 4.3.8 Summary of Stakeholder Consultation................................................................24

4.4 Key Issues.........................................................................................................................27 4.4.1 Key Issues Raised by Resettlers and Other Stakeholders..................................27 4.4.2 Issues Raised by the Host Communities.............................................................34

4.5 Attitudes Towards the Project............................................................................................35 5 PROPOSED FUTURE PROGRAMME ........................................................................................36

5.1 Aims and Objectives..........................................................................................................36 5.2 Organisational Structure....................................................................................................36 5.3 Methodology and Key Activities.........................................................................................38

5.3.1 Public Consultation and Disclosure Review ........................................................38 5.3.2 Development of Institutional Base.......................................................................38 5.3.3 Development of Evaluation Indicators.................................................................38 5.3.4 Implementation of the PCDP...............................................................................39

5.4 Costing ..............................................................................................................................40 5.5 Time Schedule ..................................................................................................................41

6 GRIEVANCE MANAGEMENT.....................................................................................................42 7 REPORTING................................................................................................................................44

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Environmental & Social Impact Assessment (ESIA) of Asia Energy’s Phulbari Coal Project Section 1 of Volume 4

Final Report April 2006

Public Consultation and Disclosure Plan Page - ii

7.1 Current Reporting ..............................................................................................................44 7.1.1 Internal Reporting................................................................................................44 7.1.2 External Reporting ..............................................................................................44

7.2 Proposed Reporting Methods............................................................................................44 7.2.1 Internal Reporting................................................................................................44 7.2.2 External Reporting ..............................................................................................45

8 CONCLUSION .............................................................................................................................46 APPENDIX A: STAKEHOLDERS CONSULTED FOR THE ESIA APPENDIX B: CONSULTATION BY ASIA ENERGY APPENDIX C: INFORMATION DISSEMINATED APPENDIX D: ASIA ENERGY’S INTERIM CORPORATE COMMUNICATION STRATEGY LIST OF FIGURES Figure 1: Location Map of Phulbari Coal Project, Dinajpur District, Bangladesh ......................................4 Figure 2: Personnel Involved in Public Consultation and Disclosure ......................................................15 Figure 3: Local Administration and Local Government ...........................................................................17 Figure 4: Location of Consultation Activities ...........................................................................................26 Figure 5: Proposed Organisational Framework for Resettlement Implementation..................................37 Figure 6: PCDP Programme Time Schedule ..........................................................................................41 Figure 7: Recommended Grievance Procedure...................................................................................... 42

LIST OF TABLES Table 1: Companies and Individuals Providing Specialist Input to the DFS..............................................2 Table 2: Summary of OP 4.01 on Public Consultation and Disclosure ...................................................10 Table 3: Project Information Sheets........................................................................................................20 Table 4: Summary of Stakeholder Consultation to Date .........................................................................24

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Environmental & Social Impact Assessment (ESIA) of Asia Energy’s Phulbari Coal Project Section 1 of Volume 4

Final Report April 2006

Public Consultation and Disclosure Plan Page - iii

ABBREVIATIONS

ADB Asian Development Bank ADRA Adventist Development and Relief Agency ASA Association for Social Advancement BADC Bangladesh Agricultural Development Corporation BAEC Bangladesh Atomic Energy Commission BCAS Bangladesh Centre for Advanced Studies BCSIR Bangladesh Council of Scientific and Industrial Research BMD Bureau of Mineral Development BMDA Barind Multipurpose Development Authority BoI Board of Investment BRAC Bangladesh Rural Advancement Committee BRDB Bangladesh Rural Development Board BTTB Bangladesh Telephone and Telecommunication Board BUET Bangladesh University of Engineering and Technology BWDB Bangladesh Water Development Board CAO Compliance Advisor/Ombudsman CCDB Christian Commission for Development in Bangladesh CEDAW Convention on the Elimination of All Forms of Discrimination Against Women CEGIS Centre for Environmental and Geographic Information Services CLA Community Liaison Assistant CO Consultation Officer CSD Commission on Sustainable Development DAE Department of Agriculture Extension DC Deputy Commissioner Dept Department DFID Department for International Development (UK) DFS Definitive Feasibility Study DoE Department of Environment DPHE Department of Public Health Engineering EA Environmental Assessment EBRD European Bank for Reconstruction and Development EIA Environmental Impact Assessment EIR Extractive Industries Review EMP Environmental Management Plan EMRD Energy and Mineral Resources Division ESIA Environmental and Social Impact Assessment EU European Union GIS Geographic Information System GoB Government of Bangladesh GRI Global Reporting Initiative HEED Health, Education and Economic Development HIA Health Impact Assessment IAP2 International Association for Public Participation ICDDR International Centre for Diarrhoeal Disease Research (Bangladesh) ICMM International Council on Mining and Metals

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Final Report April 2006

Public Consultation and Disclosure Plan Page - iv

IFC International Finance Corporation IIED International Institute for Environment and Development ILO International Labour Organisation IPDP Indigenous Peoples Development Plan IWM Institute for Water Modelling LGED Local Government Engineering Department LLF Local Liaison Forum MIGA Multilateral Investment Guarantee Agency MMSD Mining, Minerals and Sustainable Development MP Member of Parliament MWR Ministry of Water Resources NACOM Nature Conservation Management NGO Nongovernment Organisation OD Operational Directive OECD Organisation for Economic Cooperation and Development OP Operational Policy PCDP Public Consultation and Disclosure Plan PDB Power Development Board PDBF Palli Darirdro Bimochan Foundation PGCB Power Grid Company Bangladesh PMO Prime Minister’s Office Project Phulbari Coal Project PWD Public Works Department R&D Resettlement and Development RDA Rural Development Academy REB Rural Electrification Board RHD Roads and Highways Department RSC Resettlement Steering Committee SDF Social Development Foundation SIA Social Impact Assessment SME Small and Medium Enterprise SMEC Snowy Mountain Engineering Corporation (SMEC International) Tk Taka TMSS Thengamara Mohila Sabuj Sangha TOR Terms of Reference UDHR Universal Declaration of Human Rights UN United Nations UNCED United Nations Conference on Environment and Development UNO Upazila Nirbahi Officer UP Union Parishad US$ US Dollar VDP Village Defence Party WARPO Water Resources Planning Organisation WBG World Bank Group

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Environmental & Social Impact Assessment (ESIA) of Asia Energy’s Phulbari Coal Project Section 1 of Volume 4

Final Report April 2006

Public Consultation and Disclosure Plan Page - 1

1 INTRODUCTION

Public consultation and disclosure are vital components for the success of any development project, to ensure two-way communication between the project sponsor and relevant stakeholders, and accountability and transparency in the development process. Conditions for financial investment are increasingly requiring implementation of these two closely related activities. As an example, the International Finance Corporation (IFC) has a range of procedures, policies and guidelines “designed to ensure that the projects in which it invests are implemented in an environmentally and socially responsible manner”1. Apart from compliance with all applicable national and international laws, clients are expected to fulfil these requirements, which includes a Public Consultation and Disclosure Plan (PCDP) outlining the client’s consultation process on the Project to date and plans for the future. This PCDP documents the historical, ongoing and planned initiatives of Asia Energy Corporation (Bangladesh) Pty Ltd (Asia Energy), the sponsor of Phulbari Coal Project (the Project), to inform and consult with relevant stakeholders during the planning, development, operation and closure of the Project. Specifically this PCDP provides a summary and review of consultation and disclosure activities undertaken prior to and during the Environmental and Social Impact Assessment (ESIA), and details a proposed programme during implementation of the Project if it were to go ahead.

1 IFC, 1998. Doing Better Business Through Effective Public Consultation and Disclosure: A Good Practice Manual. IFC Environment Division.

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Environmental & Social Impact Assessment (ESIA) of Asia Energy’s Phulbari Coal Project Section 1 of Volume 4

Final Report April 2006

Public Consultation and Disclosure Plan Page - 2

2 PROJECT DESCRIPTION

The Government of Bangladesh (GoB) has entered into a Contract (11/C-94) with Asia Energy for exploration and mining of coal in Dinajpur District, northwest Bangladesh. (Figure 1). As part of the Project, Asia Energy has undertaken a Definitive Feasibility Study (DFS) to meet local and international requirements and best practice guidelines. In addition to a PCDP, this includes undertaking and preparing the following:

Environmental and Social Impact Assessments; an Environmental Management Plan (EMP), incorporating social aspects; a Resettlement Plan2; an Indigenous Peoples Development Plan (IPDP)3; and the Phulbari New Town and Village Infrastructure Study4.

A number of specialist inputs supported these studies, as listed in Table 1. Table 1: Companies and Individuals Providing Specialist Input to the DFS

SMEC International Pty Ltd, Australia Project management, environmental and social impact assessment, resettlement planning, environmental management plan, surface water hydrology, hydraulic modelling, Geographic Information System (GIS), air quality, noise, rehabilitation, water quality, traffic, town planning

GHD Pty Ltd, Australia Resource evaluation, geotechnics, hydrogeology, local and regional infrastructure and transport, data management, geophysics, river diversion studies

MineConsult Pty Ltd, Australia Mine design and mine scheduling

QCC Ltd, Australia Coal quality, coal treatment plant

Coffey Geosciences Pty Ltd Water management, mine water balance

Centre for Environmental and Geographic Information Services (CEGIS), Bangladesh

GIS database, surveying, field hydrology instrumentation and data collection

Nature Conservation Management (NACOM), Bangladesh

Dry and wet season ecological database and biodiversity field assessments

Bangladesh Atomic Energy Commission (BAEC) Airborne particulate matter sample analysis, quality assurance auditing, geophysical borehole logging

Bangladesh Centre for Advanced Studies (BCAS) Resettlement Survey

Health Promotions Limited Health Impact Assessment

Institute for Water Modelling (IWM), Bangladesh Regional surface water modelling

IUCN: The World Conservation Union Legislative and policy advice, peer review of biodiversity study

Dr MK Ahmed, Dhaka University Arsenic in groundwater assessment

Dr N Kamal & KZ Ashan, Independent University Population projections

2 Volume 4, Section 2 of the ESIA. 3 Volume 4, Section 4 of the ESIA. 4 Volume 4, Section 3 of the ESIA.

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Final Report April 2006

Public Consultation and Disclosure Plan Page - 3

Mr M Mannan, Independent University Anthropology, indigenous groups

Professor M Hoque, Jahangirnagar University Archaeology, historical sites

Dr Amin, Hazi Danesh Science & Technology University, Dinajpur

Soil science and agriculture

Professor SMM Rahman and SK Bala, Dhaka University

Socio-economics

Dr M Zaman Resettlement

Dr C Johansen Agriculture, land utilisation, rehabilitation

Bangladesh University of Engineering and Technology (BUET)

Water quality testing

ALS Environmental Laboratories, Brisbane, Australia

Water quality testing

International Centre for Diarrhoeal Disease Research, Bangladesh (ICDDR)

Bacteriological and arsenic testing

FUGRO, Australia Surveying

Ron Connolly and Associates Peer review of soils and rehabilitation reports

Wilkinson Murray Peer review of air quality, noise and blasting reports

As part of the DFS, Asia Energy has developed a corporate interim Communication Strategy, summarised and attached as an Appendix to this document (Appendix D).

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Environmental & Social Impact Assessment (ESIA) of Asia Energy’s Phulbari Coal Project Section 1 of Volume 4

Final Report April 2006

Public Consultation and Disclosure Plan Page - 5

3 REGULATIONS AND REQUIREMENTS

Asia Energy is committed to conducting its mining activities with full compliance to the requirements of Bangladesh country regulations and its obligations under international conventions and treaties. To this end the Project has ensured that consultation activities are undertaken in line with applicable national and international laws and obligations, and with consideration given to international best practices and policies. In like manner all future public consultation and disclosure activities will support applicable national and international regulations and requirements.

3.1 NATIONAL LEGISLATION AND PRACTICE

The Constitution of the People's Republic of Bangladesh 1972, amended over the years, is committed to the principles of democracy and human rights. In particular, the Twelfth Amendment Act of 1991 re-introduced a parliamentary form of government, and participation of elected people’s representatives in local government bodies was ensured in Article 59.5 Part III of the Constitution includes a number of fundamental rights, including freedom of thought, speech and expression; no law inconsistent with these rights can be made and no action can be taken by governmental agencies in derogation of these rights.6 In addition to the Constitution, Bangladesh has statutory (principal) legislation, many rules and regulations which provide provision for these laws, and a myriad of secondary legislation which has direct bearing on the Project in general.7 The GoB has also formulated and promulgated important policies and strategy plans8 for managing the nation’s resources and achieving sustainable development. However, although the principles of democracy and human rights embedded in the Constitution form the basis of consultation, and the government may promote the involvement of the public in any national development project, there is little evidence for specific legal requirement or provision for stakeholder consultation. In a few instances participation and consultation are alluded to in the relevant legislation. For example, through the Bangladesh Water Development Board Act 2000 (XXVI of 2000), a Board has been established to develop water resources and their efficient management; it is vested with the power and responsibility to perform any works or implement any project related to water of any government organisation in the country. Section 6 of the Act states: “to continue the benefits of the projects, the beneficiaries need be organised to ensure their participation in the projects”. In addition, the Bangladesh Water Development Board (BWDB) will implement works after fulfilling stated terms and conditions, including: “for the design, implementation and maintenance of the project, a peoples participation related report in terms of its organisational settings need be recorded in the project document”. With the creation of the BWBD, projects adopted a more participatory approach. However, over time, and with an evaluation of participation in water sector activities in the country, the government felt it necessary to produce uniform guidelines for participatory water management. The Ministry of Water Resources (MWR) established an Inter-Agency Task Force to formulate the guidelines, made up of officials from the BWDB, Water Resources Planning Organisation (WARPO), the Local Government Engineering Department (LGED), and other specialists. The guidelines, reviewed and revised, were presented to a national workshop in May 2000.9 Although there is no separate Rule or Act to implement aspects of the guidelines, as an agency involved in water resource management the LGED, for example, plans and implements projects through a community participation process, involving the

5 Asiatic Society of Bangladesh. 2004 (1st Edition). Banglapedia: National Encyclopaedia of Bangladesh. 6 This is in line with article 19 of the Universal Declaration of Human Rights (UDHR): “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers”. 7 SMEC International. 2005a. Phulbari Coal Project: Environmental Impact Assessment. 8 Policy and strategy relate to departmental/sectoral intent; not legally mandatory, but expected to be respected. 9 DFID. Undated. Water Resource Management in Bangladesh: A Policy Review.

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private sector (small and medium contractors), local government institutions, NGOs, and beneficiary groups forming committees, societies or cooperative associations in the department’s infrastructure development activities.10

Other national development projects have followed a participatory approach, such as Padma Bridge, where information and consultation meetings and village-based focus group discussions were held, focussing on the identification, assessment and scope of project impacts, and responses thereto; and a study tour of resettlement sites of the Jamuna Multipurpose Bridge Project by locally elected officials and community leaders were undertaken.11

These projects are independently developing a relevant approach to public consultation and disclosure. In a review of the country’s environmental legislation for the Project’s Environmental Impact Assessment (EIA), the IUCN stated: “there is a need to develop and implement new, integrated, enforceable and effective laws that are based upon sound social, ecological, economic and scientific principles.”12 As a point, for the Jamuna Multipurpose Bridge Project, the legal framework for a Resettlement Plan was mainly derived from the GoB’s Acquisition and Requisition of Immovable Property Ordinance II 1982, later amended to the Acquisition and Requisition of Immovable Property (Amended) Act 1994.13 Due to inadequacies around compensation and coverage of project benefits, the Government passed the Jamuna Multipurpose Bridge Project (Land Acquisition) Act 1995, in which project- and time-specific changes were made to compensation laws to comply with donors’ requirements. However, in addition to this it was necessary for the Resettlement Plan to set out its own guidelines for consultation with affected people, and procedures for grievance redress, mostly derived from the World Bank Group (WBG) and the Asian Development Bank (ADB). 14 Under Contract 11/C-94, Exhibit ‘C’, Mining Lease, Clause 10 ‘Compensation to Occupiers’, Asia Energy may approach the Director, Bureau of Mineral Development (BMD) and the Energy and Mineral Resources Division (EMRD) of the Ministry of Power, Energy and Mineral Resources to draft a land acquisition (and compensation payment) law and undertake necessary steps for its enactment. It could be possible that through this the issues of public consultation and disclosure specific to this Project are addressed.

3.2 INTERNATIONAL REQUIREMENTS

The international legal and policy framework in which projects operate, and implementation procedures and guidelines, have developed substantially since adoption of the Universal Declaration of Human Rights (UDHR) in 1948. Instruments supported by member states include those developed by the United Nations (UN) and the European Union (EU). Others have been developed by particular bodies, such as the International Labour Organisation (ILO), the World Bank Group (WBG), the Asian Development Bank (ADB), the European Bank for Reconstruction and Development (EBRD), and the Organisation for Economic Co-operation and Development (OECD).

3.2.1 International Conventions

Bangladesh is a signatory to a number of international conventions, many of which relate to potential Project impacts and activities. Recommendations and requirements for governments to follow a participatory and/or consultative approach are included in some, for example:

10 www.lged.org 11 Bangladesh Consultants Limited. 2004. The Feasibility Study of Padma Bridge. A Disclosure and Community Consultation Report was also prepared for the project. 12 SMEC International. 2005b. Phulbari Coal Project: Environmental Impact Assessment.. Section 7, Volume 2. IUCN: Review of Environmental Regulations and Other Permit Requirements. 13 Rahman, K.N. 2004. Adversities of Development: A Case Study of Involuntary Resettlement. Academic Press, Dhaka, Bangladesh. 14 Jamuna Multipurpose Bridge Project Report. Undated.

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Agenda 21, 1992; Convention on Biological Diversity, Rio De Janeiro, 1992; and Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), 1979.

Agenda 21 Agenda 21 is a comprehensive plan of action to be taken by governments, development agencies and independent sector groups “to promote sustainable and environmentally sound development in all countries”. Strategies to halt and reverse any degradation are to be implemented in every area where human (economic) activity affects the environment. Along with the Rio Declaration on Environment and Development, Agenda 21 was adopted at the United Nations Conference on Environment and Development (UNCED), held in Rio de Janeiro 1992. Thereafter a Commission on Sustainable Development (CSD) was created to ensure effective follow up of UNCED, monitoring and reporting on implementation of the agreements; a review and appraisal of implementation of Agenda 21 was made by a Special Session of the UN General Assembly in 1997; and reaffirmation of commitment to full implementation, including of Agenda 21, was made at the World Summit on Sustainable Development (WSSD) in South Africa 2002.15 Agenda 21 specifies that actions need be consistent with national policies and practices, in line with the requirements of international law, and be supported by appropriate regional organisations, intergovernmental organisations, NGOs, and other groups including indigenous people, the business and scientific communities.16 It encourages popular participation in the conservation and management of resources; for example on biological diversity it recommends that appropriate EIA procedures be introduced for proposed projects with significant impact, and where appropriate providing for suitable information to be made widely available, and for public participation (Chapter 15).17 Convention on Biological Diversity, Rio De Janeiro Article 14, Impact Assessment and Minimising Adverse Impacts, of the Convention on Biological Diversity states that each contracting party, as far as possible and as appropriate, shall: “introduce procedures requiring environmental impact assessment of its proposed projects that are likely to have significant adverse effects on biological diversity with a view to avoiding or minimizing such effects and, where appropriate, allow for public participation in such procedures”. Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) As a rights-based convention, and in line with the UDHR, CEDAW was adopted by the UN in 1979, and ratified by Bangladesh in 1984.18 Apart from recommending an end to discrimination against women in political and public life through, for example, ensuring participation in the formulation of policy, holding office, and participating in associations and NGOs (Article 7), the Convention has a clause requesting a focus on particular problems faced by rural women, including women’s participation in development planning (Article 14). 19

15 www.un.org/esa/sustdev/documents/agenda21 16 SMEC. 2005a. Op cit. 17 SMEC. 2005b. Op cit. 18 This supports the Constitution; Article 28(2) states that women shall have equal rights in all spheres of the State and public life. 19 www.cedaw.org

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Convention No. 169: The Indigenous and Tribal Peoples Convention20 Although Bangladesh is not a signatory to The Indigenous and Tribal Peoples Convention No. 169 (1989) of the International Labour Organisation (ILO), it is also of relevance to the Project. The Convention recognises indigenous people’s aspirations “to exercise control over their own institutions, ways of life and economic development and to maintain and develop their identities, languages and religions, within the framework of the States in which they live”. It commits member governments that have ratified the Convention to respect minimum standards in the execution of these rights, specifying the measures to be taken. Part I, Article 2 states: “Governments shall have the responsibility for developing, with the participation of the peoples concerned, coordinated and systematic action to protect the rights of these peoples …”21 Article 6 details what action governments are required to follow in applying provisions of the Convention, including consultation through appropriate procedures and in particular through representative institutions, and establishing means to freely participate at all levels of decision-making in bodies responsible for policies and programmes which concern them. Of particular relevance to the Project are provisions on Land, Part II: Article 15: “In cases in which the State retains the ownership of mineral or sub-surface resources or rights to other resources pertaining to lands, governments shall establish or maintain procedures through which they shall consult these peoples, with a view to ascertaining whether and to what degree their interests would be prejudiced, before undertaking or permitting any programmes for the exploration or exploitation of such resources pertaining to their lands. The peoples concerned shall wherever possible participate in the benefits of such activities, and shall receive fair compensation for any damages which they may sustain as a result of such activities.” Article 16: “Where the relocation of these peoples is considered necessary as an exceptional measure, such relocation shall take place only with their free and informed consent. Where their consent cannot be obtained, such relocation shall take place only following appropriate procedures established by national laws and regulations, including public inquiries where appropriate, which provide the opportunity for effective representation of the peoples concerned.”

3.2.2 International Guidelines and Procedures

There are additional guidelines and procedures for a PCDP formulated by various international development and funding agencies which are of relevance to the Project. These include:

the International Finance Corporation (IFC), as the WBG’s private sector investment arm; the Equator Principles; the Asian Development Bank (ADB); the OECD Guidelines for Multinational Enterprise; and the International Council on Mining and Metals (ICMM).

20 The rights of indigenous people to participate in resource development are included in other conventions, treaties and principles. These will be highlighted in the Indigenous Peoples Development Plan for the Project. 21 www.ilo.org

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With a growing global interest in public participation, an International Association for Public Participation (IAP2) has been formed “to promote the values and best practices associated with involving the public in government and industry decisions which affect their lives”.22 Extending beyond practitioners and open to individual members, the body has a membership of over 1000. Services offered include information sharing, training and networking. International Finance Corporation (IFC) The IFC is a financier of private sector projects in developing countries. As the private sector investment arm of the WBG, all IFC investments are processed with reference to the WBG’s Safeguard Policies. These environmental and social safeguard policies “are a cornerstone of (the WBG’s) support to sustainable poverty reduction. The objective of these policies is to prevent and mitigate undue harm to people and their environment in the development process. These policies provide guidelines …. in the identification, preparation, and implementation of programs and projects”.23 The most relevant to the PCDP is the WBG’s OP 4.12: Involuntary Resettlement24, which recommends that an affected community (including vulnerable groups) is encouraged and enabled to actively participate in resettlement planning and implementation. 25 As with the WBG, the IFC supports projects committed to sustainable development and which incorporate external engagement, transparency and accountability. To the IFC this is reflected in “a proactive approach to engage local communities and create an environment of openness and trust. Information sharing and dialogue should occur on a regular basis, and local people should have means to participate in the issue-identification process, and have their concerns addressed fairly and expediently. In addition, participatory processes should be used, where appropriate, to enable the affected communities to influence decisions that affect them concerning project design, planning and implementation.”26 Compliancy to IFC requirements includes a PCDP, outlining the client’s consultation process on a project., to be prepared in compliance with IFC requirements and guidelines including:

1998 Procedure for Environmental and Social Review of Projects; Policy on Disclosure of Information; and Operational Policies (OPs), particularly OP 4.01: Environmental Assessment27.

OP 4.01: Environmental Assessment sets out the minimum requirements for public consultation and information disclosure for Category A28 projects, to ensure that IFC projects are “environmentally and

22 www.iap2.org 23 www.worldbank.org 24 The World Bank’s Operational Directive OD 4.30 was replaced with OP 4.12 on 1st January 2002. 25 Of note also is the Extractive Industries Review (EIR), an independent review initiated by the WBG in July 2001 within the context of the Group’s overall mission of poverty reduction and the promotion of sustainable development. The Review, aimed at providing a comprehensive assessment, and guide to involvement, of WBG activities in the extractive industries sector, was completed in December 2003. Recommendations of the EIR were published in a final report entitled Striking a Better Balance. The World Bank Group and Extractive Industries: The Final Report Of the Extractive Industries Review. Following a period for public comment, WBG Management gave a detailed response in September 2004. As an outcome the Bank states that its approach to future investments in extractive industries will ensure, amongst other things, greater focus on the needs of the poor; working with stakeholders to develop indicators of the benefits of projects on poverty reduction; and working with governments, sponsors and communities to ensure that affected communities benefit from projects as broadly as possible. See www.eireview.org and www.worldbank.org 26 IFC. 2004. International Finance Corporation’s Policy on Social and Environmental Sustainability and Performance Standards. Consultation Draft. August 12, 2004. 27 All environmental and social policies applicable to IFC’s investments are undergoing review. The IFC is proposing the use of Performance Standards in the future, in line with the WBG. 28 Given the critical impact of this Project, it is assumed that it will be classified as a Category A project according to IFC standards. Category A projects are “likely to have significant adverse environmental impacts that are sensitive, diverse, or unprecedented” (www.equator-principles.com)

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socially sound” through the application of an Environmental Assessment (EA).29 As issues addressed in an EA are frequently of public concern, “the EA process has been adopted as the procedural framework within which the IFC promotes public consultation and information disclosure, and monitors compliance by the project sponsor”.30 Thereafter the IFC requires the process to continue over the construction and operation phases of a project. Table 2: Summary of OP 4.01 on Public Consultation and Disclosure31

Public Consultation IFC involvement from the start: 12. For all Category A projects during the EA process, the project sponsor consults project-affected groups and local NGOs

about the project's environmental aspects and takes their views into account. The sponsor initiates such consultations as early as possible, and consults these groups at least twice: (i) shortly after environmental screening and before the terms of reference for the EA are finalised, and (ii) once a draft EA report is prepared.

In addition, the sponsor consults with such groups throughout project implementation, as necessary, to address EA-related issues that affect them. Later IFC involvement: 13. Where the Category A EA has been completed prior to IFC involvement in a project, IFC reviews the public consultation

and disclosure activities carried out by the project sponsor during and after EA preparation. If necessary, IFC and the sponsor then agree on a supplemental PCDP to address any identified deficiencies, which must be submitted to the IFC for review and approval as soon as possible and in advance of an appraisal mission. On completion of this programme the sponsor prepares a report detailing the results of the full public consultation and disclosure programme. The Category A EA will only be considered complete and made available to the WBG’s InfoShop32 once this report is complete.

Disclosure 14. For meaningful consultations between the project sponsor and project-affected groups and local NGOs on all Category

A projects, the project sponsor provides relevant material in a timely manner prior to consultation, and in a form and language that are understandable and accessible to the groups being consulted.

15. For a Category A project, the project sponsor provides for the initial consultation a summary of the proposed project’s objectives, description, and potential impacts; for consultation after the draft EA report is prepared, the sponsor provides a summary of the EA’s conclusions. In addition, the project sponsor makes the draft EA report available at a public place accessible to project-affected groups and local NGOs.

The Equator Principles The Equator Principles are a voluntary set of guidelines for managing environmental and social issues in project finance lending, developed by leading financial institutions.33 They are based on the environmental and social standards of the IFC, and provision of loans is dependent on compliance with the stated environmental and social policies and processes. The approach used is for projects to be categorised according to their environmental and social impacts using IFC screening procedures. Specifically in high-impact projects, borrowers will undertake appropriate consultation with affected local stakeholders. According to the Principles: “For all Category A projects … we are satisfied that the borrower or third party expert has consulted, in a structured and culturally appropriate way, with project affected groups, including indigenous peoples and local NGOs. The EA, or a summary thereof, has been made available to the public for a reasonable minimum period in local language and in a culturally appropriate manner. The EA and the EMP will take account of such consultations, and for Category A Projects, will be subject to independent expert review.” 29 CAO. 2003. The Intent Behind IFC’s Safeguard Policies: Generally Accepted Interpretation for Audit Purposes. 30 IFC. 1998. Op cit. 31 www.ifc.org 32 The InfoShop is the WBG’s public information and reference centre located in Washington, D.C, United States of America. It is a one-stop shop for economic development literature and for information on WBG project activities. It offers various facilities ranging from free information in the form of reports and documents, to products such as books and publications, to computer workstations allowing public access to the WBG’s web site and CD-ROMs. Requests to the InfoShop may also be submitted through the Internet, World Bank missions or IFC offices. See www.worldbank.org 33 The Principles apply globally to development projects in all industry sectors with a total capital cost of US$50 million or more. Since adoption by ten international banks on 4th June 2003, many financial institutions have committed to the Principles. See www.equator-principles.com

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The Asian Development Bank (ADB) The ADB is a multilateral development finance institution operating in Asia and the Pacific, aiming to improve the quality of people’s lives by providing mostly public sector loans and technical assistance for a broad range of development activities.34 Bangladesh became a member with subscribed shares in 1973, and established a Resident Mission in Dhaka in 1982. In pursuit of its commitment to “promoting environmentally sustainable economic development in its developing member countries” the ADB has instituted “environmental assessment requirements and review procedures to ensure that appropriate environmental considerations are properly integrated into and monitored in each stage of a project cycle” of its investment operations, including loans to the private sector.35 Where an EIA is required, this includes public involvement, to be documented in the report: the process undertaken and recommended measures for continuation; a summary of major comments made by stakeholders, and how they were addressed; and compliance with relevant regulatory requirements. On public consultation, the ADB requires that the borrower consults with groups affected by the project, and with NGOs. This consultation is to occur at least twice: (i) once during the early stages of EIA field work, so that the views of affected groups are taken into account in the design of the project and its environment mitigation measures, and (ii) once when the draft EIA report is available, and prior to loan approval by the ADB. Consultation is also to take place during project implementation, to identify and help address issues that arise. On information disclosure, EIAs are to be accessible to interested parties and the general public; to be circulated world-wide, through the depository library system and ADB’s website. The “120 day rule” requires that the EIA is available to the general public at least 120 days before ADB’s Board considers the loan – “in a form and language(s) accessible to those being consulted”.36 International Council on Mining and Metals (ICMM) ICMM is a Council in the mining, minerals and metals industry made up of the Chief Executive Officers of all member companies and associations. Its objective is embodied in its mission statement: “ICMM members believe that acting collectively can best ensure its continued access to land, capital and markets as well as build trust and respect by demonstrating its ability to contribute successfully to sustainable development”.37 In May 2003, the ICMM approved a set of principles, against which it committed its corporate membership to measure their sustainable development performance.38 These principles, central to ICMM's Sustainable Development Framework, are presently under review. They were originally drawn up on the basis of a “gap analysis” in which ICMM compared current standards with relevant conventions and guidelines, including the Rio Declaration, the Global Reporting Initiative (GRI)39, OECD Guidelines on Multinational Enterprises, WBG Operational Guidelines, ILO Conventions, and the Voluntary Principles on Human Rights and Security. Of relevance are the following principles40: 34 www.adb.org 35 Asian Development Bank. 1998 (Revised edition). Environmental Assessment Requirements of the Asian Development Bank. Office of Environment and Social Development. 36 Asian Development Bank. October 2003. OP Manual Bank Policies: Environmental Considerations in ADB Operations. 37 www.icmm.com 38 Linked to the ICMM is the Mining, Minerals and Sustainable Development (MMSD) project, an independent two-year process of consultation and research which began in April 2000. The project, managed by the International Institute for Environment and Development (IIED) under contract to the World Business Council for Sustainable Development, “aimed at understanding how to maximise the contribution of the mining and minerals sector to sustainable development at the global, national, regional and local levels” (see www.iied.org/mmsd). The final report of the MMSD project, Breaking New Ground, was released in May 2002., in which MMSD proposes an agenda for global change in the minerals sector, including mechanisms as a way forward for all stakeholders. 39 See: www.globalreporting.org. The GRI is a multi-stakeholder institution whose mission is to develop and disseminate globally applicable sustainability reporting guidelines, for voluntary use by organisations for reporting on the social, economic and environmental aspects of their activities and services. Some mining bodies subscribe to the organisation. 40 www.icmm.com

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Principle 9: “Contribute to the social, economic and institutional development of the communities in which we operate”

engage at the earliest practical stage with likely affected parties to discuss and respond to issues and conflicts concerning the management of social impacts;

ensure that appropriate systems are in place for ongoing interaction with affected parties, making sure that minorities and other marginalised groups have equitable and culturally appropriate means of engagement;

contribute to community development, from project development through closure, in collaboration with host communities and their representatives;

encourage partnerships with governments and NGOs to ensure that programmes (such as community health, local business development, education) are well designed and effectively delivered; and

enhance social and economic development by seeking opportunities to address poverty. Principle 10: “Implement effective and transparent engagement, communication and independently verified reporting arrangements with our stakeholders”

report on economic, social and environmental performance and contribution to sustainable development:

provide information that is timely, accurate and relevant; and engage with and respond to stakeholders through open consultation processes.

Although Asia Energy is not a member of ICMM, it is in their interest to join. In any event they will make reference to the principles as a basis for operation. Also of value, ICMM has partnered with the United Kingdom’s Department for International Development (DFID), the UN’s Environment Programme (UNEP), and the UN’s Conference on Trade and Development (UNCTAD) to develop an online library of good practices that support ICMM’s principles of sustainable development.41 OECD Guidelines for Multinational Enterprises The OECD Guidelines for Multinational Enterprises are recommendations addressed by governments to multinational enterprises operating in their countries, “providing voluntary principles and standards for responsible business conduct consistent with applicable laws”.42 The Guidelines recognise that a state has the right to “prescribe the conditions under which multinational enterprises operate within its national jurisdiction”; thus, while not representing a substitute for national law, the Guidelines are supplementary measures to international law, and companies are expected to adhere to them. Included in the Guidelines is the following Principle: “Taking into account concerns about cost, business confidentiality, and the protection of intellectual human rights:

(a) provide the public and employees with adequate and timely information on the potential environment, health and safety impacts of the activities of the enterprise, which could include reporting on progress in improving environmental performance; and

(b) engage in adequate and timely communication and consultation with the communities directly affected by the environmental, health and safety policies of the enterprise and by their implementation.”43

41 See: www.goodpracticemining.org 42 OECD. 2000 (Revision). The OECD Guidelines for Multinational Enterprises. See also: www.oecd.org 43 OECD. 2000. Op cit.

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Although Bangladesh is not a member state of the OECD, the United Kingdom, as primary investor of Asia Energy, is, and should take note of the guidelines. European Organisations European-based bodies follow similar requirements, guidelines and best practice; for example, the European Bank for Reconstruction and Development (EBRD). Committed to supporting “environmentally sound and sustainable development”, the EBRD believes that meaningful public consultation is a way to improve the quality of the projects it finances. People potentially affected will, according to the EBRD, have the opportunity to “express their concerns and views about issues such as project design, including location, technological choice and timing” before a project is approved, with the Board of Directors taking into account the comments and opinions expressed by those consulted, and the way the issues are addressed by the sponsor. Principles of public consultation are documented in the Bank’s Environmental Policy44, Environmental Procedures, and Public Information Policy. Although EBRD requirements reflect those of international financial institutions (such as the IFC and the WBG), it is European based, taking into consideration the European Union (EU) and conventions and treaties such as the Espoo Convention on Environmental Impact Assessment in a Transboundary Context 1997 and the Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters 199845, both of the United Nations Economic Commission for Europe (UNECE).

44 EBRD. July 2003. Environmental Policy. See also www.ebrd.com 45 See www.unece.org/env. The Aarhus Convention has established an expanded role for the public in government decision-making. It encompasses ‘three pillars”, as embodied in its title.

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4 REVIEW OF PUBLIC CONSULTATION AND DISCLOSURE ACTIVITIES

A consultation process was initiated at the commencement of the Project. The overall objective was to ensure that stakeholders have been kept informed about Project proposals and developments, and that they have been afforded the opportunity to contribute their views to Project planning and decision-making processes.

4.1 PROJECT PERSONNEL INVOLVED

As the Project sponsor, Asia Energy has been committed to, and involved in, full and open consultation with all stakeholders, and disclosure of information, from the start of the Project. Appointing SMEC as the lead consultant for the environmental and social studies, SMEC has been responsible for organising and managing a public consultation programme in close cooperation with and guidance from Asia Energy, particularly its General Manager Environment and Community, and the Field Manager based in Phulbari. As illustrated in Figure 1most SMEC personnel involved to date are members of the SIA and Resettlement Team, managed by a Team Leader, forming part of a broader EIA/SIA Team. Various tasks have been undertaken by different personnel, but direct consultation has fallen under the Consultation section, headed by a Community Liaison/Participation Expert, with assistance from a Social Scientist and a Social Impact Specialist and members of the Resettlement section. As stated in Section 2, in addition to SMEC staff other specialists have been involved in the Project; on an international level, such as appointed consultants; and on a local level, such as NGOs and academics from university institutions. For many, a level of consultation with stakeholders has been required, particularly those relating to social aspects of the Project.

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Figure 2: Personnel Involved in Public Consultation and Disclosure

HOUSEHOLD DEMOGRAPHIC

AND SOCIO-ECONOMIC

SURVEY

12 Field Officers

RESETTLEMENT

Senior Resettlement Specialist

Resettlement Specialist Senior Resettlement Field

Officer GIS Specialists

SOCIAL IMPACT ASSESSMENT (SIA)

SIA Specialist SIA/Resettlement Field

Officer

Demographic Survey

VILLAGE CHECKLIST

2 Village Checklist Assistants

CONSULTATION Community

Liaison/Participation Expert

Social Scientist SI Specialist

Resettlement Survey: Households and Business

Enterprises (BCAS) Consultation: Resettlement

Sites

Individual interviews Community Meetings

(Ward & Village Levels)

Special Interest Group Meetings

SPECIALIST INPUTS

Independent Consultants

Archaeology Social Anthropology

Demographic Projections

Land Acquisition Traffic Survey Biodiversity

Health Impact AssessmentSocio-Economic

Assessment

Village Checklist

SIA & RESETTLEMENT Team Leader

ASIA ENERGY

SMEC

TOWN & VILLAGE PLANNING & INFORMATION

Team Leader

Town Planning Survey

TOWN PLANNING

Urban Planner Rural Planner

11 Town Planning Surveyors

INFORMATION CENTRE

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4.2 STAKEHOLDERS

Key local and national stakeholder individuals and groups, directly and indirectly affected by the Project, have been informed and/or consulted about the Project. These include:

local individuals and communities; special interest groups; government and public sector agencies, and government investments; nongovernment organisations (NGOs); and others, such as international financial institutions, the private sector, political representatives,

and locally-based academia and specialist consultants.

4.2.1 Local Individuals, Communities and Special Interest Groups

Consultation with affected people is vital for all activities regarding the Project, and in particular resettlement and compensation options. WBG policy supports this, stating that affected people should be fully informed and closely consulted on all issues. In the IFC’s draft Policy on Social and Environmental Sustainability and Performance Standards it is proposed that “at a minimum, the client will inform the affected community about relevant project details and potential impacts in a timely manner through written or oral communications, and will set up feedback mechanisms. Where significant impacts are anticipated, the client will engage in free, prior and informed consultation with the affected community to identify issues of concern and appropriate mitigation, monitoring or improvement measures. In addition, participatory processes will be used, where appropriate, to enable the affected community to influence decisions that affect them concerning project design, planning and implementation”.46 Locally based categories of affected people can be classified as interest groups, requiring specialised attention, such as:

indigenous groups; the agricultural sector; business enterprises; labour-related organisations; and vulnerable households, such as the

landless and those headed by women.

4.2.2 Government Authorities, Local Government Representatives and Public Sector Agencies

The Government of Bangladesh and all its subsidiary organs of state is one of the prime stakeholders in the Project. Consideration was given to:

national level Ministries and Departments, for higher level consultation around national legislation, policies and procedures;

district and sub-district level administration, ensuring a comprehensive inclusion of more regionally based representatives from relevant departments;

46 IFC. 2004. Op cit.

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representatives from local government offices, such as Unions and Phulbari Paurashava (see Figure 3);

other institutions established by the government, such as Boards, Councils, Commissions, Development Corporations and Institutes, established by legislation and/or under particular Ministries; and

government investments in the Project area, such as the Barapukuria Coal Mine and Coal-Based Power Plant, and Madhyapara Hard Rock Mine.

Figure 3: Local Administration and Local Government

4.2.3 Nongovernment Organisations (NGOs)

In Bangladesh NGOs, generally referring to organisations not established by government, have come to mean social organisations, mostly of voluntary and non-profit character, that are engaged in development work.47 They are prime stakeholders in the Project, either directly affected by current activities in the Project area and surrounds, such as through the provision of education and microcredit programmes, and/or as possible alternative development service providers in the future. NGOs operating in Bangladesh and receiving grant funds from various sources abroad are both foreign and local. Those working directly in the Project area are primarily national, regional and local in nature; these include Bangladesh Rural Advancement Committee (BRAC), CARE, the Christian Commission for Development in Bangladesh (CCDB), the Adventist Development and Relief Agency (ADRA), Thengamara Mohila Sabuj Sangha (TMSS), Caritas, HEED Bangladesh, World Concern, Swakalpa Society, the Social Development Foundation (SDF), Pallisree, and the Association for Social Advancement (ASA). Some have direct links with international NGOs, such as CARE and HEED Bangladesh, and/or receive foreign sponsorship from donors, such as CCDB.

47 Asiatic Society of Bangladesh. 2004. Op cit.

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Some NGOs have been directly involved in the Project, contracted to undertake specific tasks; for example BCAS completed the Resettlement Survey. Others may in time become involved in different Project-related activities and assignments, and particularly around implementation of the resettlement and livelihood restoration programme, drawing on the experience of such organisations.

4.2.4 Other Stakeholders

Other stakeholders include:

possible international funding agencies, such as the IFC and the ADB, and where applicable, external monitoring bodies;

the broader private sector, comprising companies that might have an interest in investing in the Project in the long term;

local political representatives, particularly the Minister in charge of Dinajpur District, and the Members of Parliament (MPs) with constituencies covering the Project area; and

locally-based academia and specialist consultants, contracted to do specific aspects of the Project or providing expertise on specific areas of work.

4.3 CURRENT PUBLIC CONSULTATION PROGRAMME

A consultation strategy was developed early in the DFS stages of the Project, to guide the management and dissemination of information and to involve stakeholders in the Project assessment process. The following principles were used as a basis for the preparation of information dissemination and consultation activities:

Consultation and participation is an important tool in a development process, creating opportunities for the establishment of sustainable relationships with communities. Affected communities are assets, not liabilities.

Affected communities are not a homogenous group but are made up of individuals and interest groups who define the terms of their own existence, and who primarily respond to planning as such. The consultation process is therefore informed by (and designed around) a good understanding of local social dynamics. The success of the consultation effort thus depends on securing the interactive participation of all stakeholders and their representatives.

People are to be kept fully informed of their rights and responsibilities by having easy access to understandable information. The consultation and participation process is to be sensitive to the position of all social categories (for example, marginalised social categories may find it difficult to publicly express opinions/concerns that may run counter to the interests of dominant groupings), and be flexible enough to accommodate their needs.

The consultation and participation process is to build on existing local institutions and structures as far as possible.

In the context of Project activities directly affecting people’s lives, participation is to start out as a process of consultation that evolves to joint planning, collaboration and empowerment. For example, for resettlement the aim is to secure the interactive participation of affected people in planning and implementing a resettlement programme, including the assessment of Project

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impacts, the selection of resettlement sites and the timing of relocation, and the development of livelihood restoration initiatives. An effective conflict resolution mechanism is to be instituted as part of the process.

Broadly, the aims of consultation have been to:

identify the different categories of Project stakeholders; provide information on the potential scope and operation of the Project, including potential

social and environmental impacts and mitigation measures; create avenues and mechanisms for the sharing of this information; and provide the opportunity for stakeholders to express their concerns and views about the

different aspects of the Project, to be taken into consideration during Project design and implementation.

The process for public consultation has evolved over the life cycle of the Project, following the objectives of the strategy. Key consultation methods used include:

the establishment of a Project Information Centre;

the development and distribution of Project information through Information Sheets, brochure, documentary film, and News Updates;

consultations with key government stakeholders;

presentations to, and discussions with, specific audiences such as journalist groups, government officials, municipal ward commissioners, and various committees;

consultations with community people at a village/ward level;

consultations with NGOs; individual and group discussions with specific interest groups; and subject specific surveys.

On a more general level, Asia Energy has a website: www.asia-energy.com, which gives information about the Project and incorporates a form which can be submitted to the Bangladesh office through email, offering a response to any queries.

4.3.1 Project Information Centre

A Project Information Centre was opened in Phulbari Paurashava in mid-April 2005. Open daily from 09:00 to 13:00 and 14:00 to 15:00 five days a week (Sunday to Thursday), the Centre employs five full-time workers to provide information about the Project to visitors to the Centre. Visitors can submit questions in writing, receiving written responses. Information at the Centre is also available in written form through the Phulbari Coal Project brochure, Project Information Sheets and News Updates. There is a sequential poster display on the wall explaining the Project’s activities, an exhibit of the coal and its co-products, and a model of the potential mine. A video documenting the potential social and environmental impacts and benefits of the Project has been developed for viewing at the Centre.

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Since it opened the Centre has received over 2,000 visitors. The majority of those who have recorded comments in a visitor’s book have stated support for the Project. Issues centre around compensation (for example, that it be fair, with payment through the company), and a request for employment opportunities.

4.3.2 Project Brochure, Information Sheets and News Updates

Information Sheets, available in both Bangla and English at the Information Centre, have been distributed at consultation meetings, and directly at the household and business enterprise level, as they have become available and as appropriate. While giving a brief overview of the Project, including details for where readers can obtain additional information on the Project, each is aimed at addressing a specific subject, as delineated in the table below. (Information Sheets are included in Appendix C48). Table 3: Project Information Sheets

Title Topic Date of Issue Information Sheet No. 1 Environmental and Social Impact Assessment 8th August 2004;

reviewed 10th April 2005 Information Sheet No. 2 Resettlement Planning Activities March 2005 Information Sheet No. 3 Resettlement and Entitlements March 2005 Information Sheet No. 4 Open Cut Mining March 2005 Information Sheet No. 5a, 5b, 5c, 5d and 5e

Resettlement Options for the different Unions; Joypur, Hamidpur, Khayerbari, Shibnagar and Khanpur

June, July and August 2005

Asia Energy’s Phulbari Coal Project

General Information on the Project September 2005

48 Only Joypur Union is included as an example for Information Sheet 5.

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A brochure of the Project, titled Phulbari Coal Project, was produced by Asia Energy in early 2005, with a revised reprint in September 2005. Written in both Bangla and English, it “gives some basic information about the future mine and about the benefits it will bring to Bangladesh and to the region where it is located. (It) … also addresses the impacts the mine will have and explains how they will be mitigated by sustained improvements for both the local community and the environment.”49 The brochure has been followed up with two News Updates (No. 1, July 2005 and No. 2, August 2005) which aim at promoting the Project through detailing potential benefits, and showing commitment to keeping stakeholders informed of Project developments through answering frequently asked questions (see Appendix C).

4.3.3 Consultation with Government Authorities and Local Government Representatives

Discussions about the Project have been held with government officials at national, District (Dinajpur) and sub-District/Upazila (Phulbari, Birampur, Nawabganj, Parbatipur) level, and with local government representatives at Union (Joypur, Hamidpur, Shibnagar, Khanpur, Khayerbari, Golapganj, Aladipur and Daulatpur), and at Paurashava (Phulbari Paurashava) levels. (See Table 4 and Appendices A and B.) Through consultation, government has provided input in Project design and implementation:

on a national and regional level, on legislation and procedural requirements; and on a regional and local level, obtaining views about potential socio-economic and environmental

Project impacts, suggested ways to minimise negative impacts, possible Project benefits, and resettlement options. Issues raised during these meetings are summarised in Section 4.4.

A series of meetings were held with the Union Parishad (UP) chairperson and members, and community representatives, in Shibnagar, Joypur, Hamidpur, Khayerbari and Khanpur Unions, specifically around possible sitings for resettlement villages. The current resettlement phase map was distributed, affected villages identified for relocation, and the relocation timeframe discussed.

4.3.4 Consultation with NGOs

Locally-based NGOs were invited to a meeting to discuss the proposed Project and express any concerns, suggestions and questions. NGOs that attended are identified in Table 4. Meetings have also been held with local NGOs operating within the Project area:

during subject-specific studies, such as the Health Impact Assessment (HIA); and around NGO-supported activities, such as with CCDB and Dhanjuri Catholic Church Mission in

Birampur, focussing on resettlement and the social development of indigenous groups in the area, BRAC, and Rangpur Dinajpur Rural Services (RDRS).

49 Asia Energy. 2005. Phulbari Coal Project.

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4.3.5 Village/Ward Level Consultation

Consultations were initiated at village and ward levels to:

inform participants about the proposed Project, answer queries and obtain their views towards it; obtain their perceptions on possible positive and negative socio-economic impacts of the

proposed Project, including benefits, and their suggestions on potential mitigation measures for these impacts; and

discuss any issues raised by participants.

The meetings were open to villagers, and averaged about seventy people50. They were attended by a range of different people; for example, men and women, leadership representatives and those with no portfolio, the educated and the illiterate, land owners and the landless, professionals and farmers. All Unions and Phulbari Paurashava were covered in the Project area; Joypur Union (six meetings), Khanpur Union (six meetings), Khayerbari (five meetings), Golapganj Union (two meetings), Hamidpur Union (two meetings), and Phulbari Paurashava (nine meetings covering the nine wards).

4.3.6 Group Discussions and Case Studies: Special Interest Groups

Focus group discussions have been held with various categories of people within the Project Area, with an emphasis on vulnerable and special interest groups, including:

indigenous groups51; landless people and those living on public land; farmers and sharecroppers; agricultural and non agricultural wage labourers; transport workers union; and business enterprise owners.

From the start of the Project there was open engagement with special interest groups. The discussions were aimed at gauging the views of representatives on the socio-economic impacts of the proposed Project specific to their category, suggestions on mitigation measures, and identifying group expectations on overall Project benefits. More recently, a series of meetings have been held centred around possible relocation sites for indigenous groups – the Santal and Munda.52 50 With a minimum of 50 and a maximum of 150. 51 Specific consultation with indigenous groups is detailed in the Indigenous Peoples Development Plan (IPDP). 52 Refer again to the IPDP for details.

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In addition, individuals within specific groups of Project-affected people and regarded as vulnerable were interviewed as case studies, such as women-headed households. Local interest groups were also consulted as appropriate, such as those involved in health for the Health Impact Assessment (HIA).

4.3.7 Subject Specific Surveys

A number of surveys and studies have been undertaken during the course of preparing the EIA/SIA and the Resettlement Plan. These include:

a Demographic Survey: to obtain base-line socio-economic information of households resident in the broader Project area;

a Resettlement Survey: to obtain additional information on fixed assets, and relocation and reestablishment preferences, of households and business enterprises possibly facing displacement;

a Socio-Economic Assessment: to estimate socio-economic costs and benefits of the Project, and undertake a case study of Small and Medium Enterprises (SMEs);

a Village Checklist: to list structures and assets of potentially affected villages; a Traffic Survey: to provide an initial examination of the potential traffic impacts of the proposed

mine, reviewing current infrastructure and traffic flow; a Town Planning Survey: to obtain information on existing structure types and conditions, public

utilities, and access to facilities, focusing on Phulbari Paurashava; and a Health Impact Assessment (HIA): individual interviews, qualitative group discussions and a

quantitative survey to provide baseline information on community-related health aspects as direct or indirect impacts from the mine.

These various surveys and studies, although focussing on the gathering of specific information and socio-economic data, have provided participants the opportunity to gain information about the Project, register questions and pass comments.

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4.3.8 Summary of Stakeholder Consultation

A summary of consulted stakeholders is provided in Table 4. A more comprehensive list of all participants consulted is provided in Appendix A, as illustrated in Figure 4. Table 4: Summary of Stakeholder Consultation to Date

Stakeholder Category Activities Undertaken to Date National Level Consultation with:

a representative of the Prime Minister’s Office (PMO) Ministers and/or representatives of government Ministries e.g. Local Government,

Rural Development and Cooperatives; Law, Justice and Parliamentary Affairs; Energy and Mineral Resources; Shipping; Communications

the District Minister in charge of Dinajpur two Members of Parliament (MPs) with constituencies in the Project area representatives of government departments e.g. Department of Environment (DoE);

Department of Public Health Engineering (DPHE); Local Government Engineering Department (LGED); Department of Fisheries; Forests Department; Bureau of Mineral Development (BMD); Energy and Mineral Resources Division (EMRD)

representatives of Boards e.g. Bangladesh Water Development Board (BWDB); Power Development Board (PDB); Board of Investment (BoI)

representatives of other agencies e.g. Petrobangla; Bangladesh Council of Scientific and Industrial Research (BCSIR); Bangladesh Atomic Energy Commission (BAEC); Mongla Port Authority (MPA)

representatives of government investments in the Project area: Barapukuria Coal Mine; Barapukuria Coal-Based Power Plant; Madhyapara Hard Rock Mine

District Level Consultation with: the Deputy Commissioner representatives of government departments e.g. DoE; Youth Development;

Department of Agriculture Extension (DAE); Departments of Primary and Higher & Secondary Education; Directorate of Livestock Services; Roads and Highways Department (RHD); Public Works Department (PWD); DPHE

representatives of Boards e.g. Bangladesh Rural Development Board (BRDB); BWDB; PDB

representatives of other agencies e.g. Barind Multipurpose Development Authority (BMDA); Bangladesh Agricultural Development Corporation (BADC); Palli Darirdro Bimochan Foundation (PDBF)

Upazila Nirbahi Officer (UNO) Consultation with the four UNOs in the Project area (Birampur, Nawabganj, Parbatipur and Phulbari)

Upazila Government Officials Consultation with nearly all Upazila government officials in the four Project-affected upazilas: Phulbari, Parbatipur, Nawabganj and Birampur

Union Parishads (UPs) consultation with elected representatives (chairperson and members) in the Project-affected Union Parishads (Khanpur, Joypur, Golapganj, Hamidpur, Aladipur, Daulatpur, Khayerbari, Shibnagar Unions)

combined meetings with UP members and community representatives in five Unions (Shibnagar, Joypur, Hamidpur, Khayerbari, Khanpur)

Phulbari Paurashava consultation with the Council of Phulbari Paurashava (Chairperson and Ward Commissioners)

Ward-wise consultation meetings with each of the nine Paurashava wards over 4,000 holdings in the paurashava surveyed in a town planning survey

Villages 21 ward-wise village consultation meetings held, within Joypur Union (six); Khanpur Union (six); Khayerbari (five); Golapganj Union (two); Hamidpur Union (two)

115 villages covered for the Village Checklist 49 villages in eight Unions and Phulbari Paurashava, and a case study of five SMEs,

covered for the Socio-Economic Assessment

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Stakeholder Category Activities Undertaken to Date Individual households and business enterprises

interviews with households in the Project Area for the Demographic Survey (ongoing)53

interviews with households and business enterprises for the Resettlement Survey54 HIA: (a) qualitative, interviewing individuals and holding 35 small groups (195

participants) and 21 focus groups (254 participants); and (b) quantitative, conducting a survey with 2436 households

Special Interest Groups discussions with specific groups of Project-affected people including women, farmers, the landless, indigenous groups, and various associations including the Phulbari Thana Motor Transport Workers Union, Phulbari Town Business Association, Uttar Lakshmipur Bazar Business Association

group discussions around health as part of the HIA process Financing agencies Consultation, presentation, on-site visit and correspondence (email communication) with

the IFC and ADB NGOs consultative meeting with BRAC, CCDB, ADRA, TMSS, Caritas, HEED Bangladesh,

World Concern, Swakalpa Society, Pallisree, CARE, ASA individual meetings with NGOs; CCDB, Dhanjuri Catholic Church Mission, Social

Development Foundation (SDF), BRAC, RDRS The media discussions with Dhaka-based journalists

presentations to and discussion meetings with the regional/local press, such as Bogra, Phulbari Press Club fractions, Dinajpur Press Club

53 As of 15th August 21,202 households had been interviewed by the Demographic Survey. It is estimated that approximately 25,000 households will be covered at completion. 54 A total of 12,779 households and 1,524 business owners were interviewed by the Resettlement Survey.

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4.4 KEY ISSUES

4.4.1 Key Issues Raised by Resettlers and Other Stakeholders

The consultation process benefited from the fact that stakeholders were generally already aware of the Project, having been exposed to preliminary discussions and exploration activities. However, through the consultation process a number of key issues associated with the Project were raised, classified as follows:

scope and status of the Project; resettlement; land/asset acquisition and compensation; livelihood restoration; employment opportunities; business enterprises; infrastructure and services; religious sites and burial grounds; community relations; indigenous groups; protection of the environment and natural resources; and social and economic benefits.

Each issue has been considered and addressed as far as practicable in the design of the Project and in the development of proposed Project mitigation and impact management measures. Issues raised and concomitant mitigation measures suggested by consulted stakeholders are summarised in the sections below. Scope and Status of the Project During consultation meetings both government and community participants requested more detailed information on the Project. The following queries on the scope and status of the Project were commonly raised:

the size and location of the coal mine; the time schedule of the mine: whether it has been approved; when the mining operation will

start; for how long it will continue; details about the mine: why underground mining methods will not be used; how the coal will be

mined; the depth of the coal; the quantity and quality of the coal; whether there are also gold and diamonds in the area;

whether and how Phulbari town will be affected by the Project; and the scale of damage to land, houses and assets caused by open cut coal mining.

In the short term, questions and issues relating to the scope and operation of the Project are being addressed through presentations at group discussions and meetings and distribution of the Project information sheets; for example, reasons for why the specific location and type of mining operation has been selected, open cut mining in preference to the underground method used at nearby Barapukuria Coal Mine, and various impacts associated with both mining methods. More detailed information on the proposed mine configuration and operation will be made available to stakeholders when the DFS and associated mine plan have been finalised.

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Resettlement Consultations, especially at Union and village levels, were dominated by questions relating to the relocation of villages and Phulbari town, compensation for assets, and impacts on livelihoods. Through consultation stakeholders were informed of the Project’s resettlement planning process; in particular, the preparation of a Resettlement Plan in accordance with international best practice policies and guidelines that will include principles and plans that address issues such as land acquisition, relocation, compensation, livelihood restoration, the replacement of services and utilities, and the scheduling of the resettlement programme. Specific resettlement queries that were raised during consultation sessions included:

which villages will be relocated; where displaced people will be relocated to; the timing of the resettlement process, particularly when it will commence; and if Phulbari town will be relocated, whether households presently resident in the town will be

allocated plots in the extended town; how/when Project-affected government offices in Phulbari town will be re-established.

Mitigation Solutions Proposed by Stakeholders

Resettlement and rehabilitation planning and preparation activities for affected people undertaken well before displacement occurs.

Resettlement of people, infrastructure and services managed by the Project sponsor, not by the GoB.

Identified relocation areas and the resettlement plan presented to affected people well in advance.

A preference for relocation to areas within or close by to existing localities. Land/Asset Acquisition and Compensation The following issues were frequently raised around the loss of land and other assets, and compensation:

what the compensation package comprises; the value of compensation for structures and other assets

(e.g. trees, tubewells, hand pumps); compensation for being affected indirectly (e.g. mental

suffering as a result of displacement); methods of determination of compensation rates (e.g. by

GoB, Asia Energy or a compensation committee), and whether they will be higher than current market prices (e.g. of land);

the method of compensation disbursements; who will conduct land acquisition and compensation activities;

timing of when compensation payments will be made; whether there will be one-off payments or cash will be paid

in instalments; whether land compensation payments will be sufficient to purchase replacement land; concern

that rising land prices will result in a scarcity of affordable land;

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compensation to households living on land to which they have no legal right/entitlement, such as migrated settlers;

the implication of land loss to grazing; and what will happen to the land after the life cycle of the mine is complete; how it will be distributed;

whether it will be available to current land owners. Reference was made to Barapukuria Coal Mine, with some people contending that the compensation process had been unsatisfactory; there was dissatisfaction with alleged GoB procedures and the use of middlemen/agents in payments.

Mitigation Solutions Proposed by Stakeholders Setting of compensation rates higher than the market price of agricultural land and other assets. Compensation based on land for land and structure for structure. Preference for Asia Energy, as the Project developers, to take direct responsibility for

implementing asset verification and compensation (particularly payment), resettlement and related activities without the involvement of middle people or agents.

Payment of full compensation prior to displacement.

Livelihood Restoration Related to the issue of population displacement and loss of assets were concerns about the potential negative impacts of the Project on local livelihoods. Both government officials and community members raised the following issues:

Project impacts on vulnerable social groups, such as the poor, the landless, share croppers, and female-headed households. There has been particular concern over the fate of people who have no legal right to the land on which they have settled, such as the Chapai Nawabganj dwellers who have settled on forest/government land;

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the negative impact of the loss of cultivable land on agricultural production in the area; impacts associated with the scarcity of land, and associated high demand and costs as a result of

the land acquisition process, such as the inability to purchase land for replacement homesteads; disruption to current occupations (especially related to agriculture) and income-generating

activities in the area; and livelihood restoration with the loss of land; and reduced access to common property resources (e.g. biomass for fuel).

Mitigation Solutions Proposed by Stakeholders

Assistance to properly utilise compensation money for the restoration of livelihoods through, for example, provision of special training programmes, loan facilities and credit, and marketing support.

Utilisation of a Development Trust/Fund, specifically to cushion the burden of vulnerable groups. Employment Opportunities

The issue of mine employment opportunities was frequently raised. Affected people required assurance that they would be given jobs on the mine. Many people were concerned over alleged experiences from Barapukuria Coal Mine and Madhyapara Hard Rock Mine; that affected and local people would not get access to employment opportunities on the Project as contractors would bring in workers from outside the area, and middle people or agents were used to employ local people. Again with reference to Barapukuria Coal Mine there was a concern that mine workers would not be employed under acceptable terms and conditions.

Mitigation Solutions Proposed by Stakeholders

The Project directly employs local people without the use of middle people or agents. Provision of adequate employment opportunities for women.

Business Enterprises Businesses, traders and service providers in the area also expressed a number of specific livelihood concerns including:

loss of goodwill that has been established with local households and businesses;

the length of time it may take to re-organise business relations in the resettlement locations, leading to reduced income flows;

impacts on businessmen too old to re-establish businesses;

disruption to support services, and their re-establishment;

the nearby townships of Parbatipur and Birampur flourishing while Phulbari town lags behind while being

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relocated/redeveloped;

disrupted access to credit facilities; what would happen with mortgaged properties and loans, particularly with the possible loss of such properties;

impacts on financial loans from NGOs; how they can continue in the future; reduced access to support services may create difficulties for NGOs to recover credit from affected people;

loss of employment to shop and business employees; no possible guarantee that the same employees will be able to get the same job in a relocated business; and

concern over payment of rates and taxes by current residents in the eastern section of Phulbari town if the area is to be developed and declared a Municipality.

Mitigation Solutions Proposed by Stakeholders Proper compensation, resettlement and rehabilitation of business establishments. Resettlement and rehabilitation planning and preparation activities for affected people

undertaken well before displacement occurs. Easy, undisrupted and appropriate access to loans and credit facilities. Proper and timely development of the extended town.

Infrastructure and Services Concerns were raised about the potential impact of the Project on infrastructure and services and the provision of replacement infrastructure. These included:

the extent and impact of disruptions to existing services and utilities, such as transport, road and rail, water, electrical supply, health, education, social, and cultural;

replacement of services; disruption to services provided by NGOs and other service providers, and how

relocation/resumption of such services will take place; and disruption to current beneficiary loans from the government, NGOs, and other organisations.

Many people anticipated that the Project could lead to substantial development and the improvement of infrastructure, services and facilities in the area. The Project was seen as an opportunity to develop the region and its people.

Mitigation Solutions Proposed by Stakeholders Affected infrastructure and facilities replaced with little or no disruption to local activities or

services, and rebuilt prior to the removal of existing infrastructure. Basic service facilities provided in the relocation sites; specifically education, health, electricity,

water supply, sanitation, markets and roads.

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Religious Sites and Burial Grounds A major concern of consulted stakeholders was over how/where mosques, temples and churches would be replaced/relocated, where graveyards and cremation sites would be re-established, and methods used to re-inter graves.

Mitigation Solutions Proposed by Stakeholders All religious structures replaced at a resettlement site in accordance with appropriate norms and

custom. Graveyards and cremation sites provided at places decided in consultation with those affected

and appropriate religious representatives. Re-internment to follow appropriate religious norms and practices with full involvement of those

concerned. Community Relations A commonly raised concern during consultation was that community bonds and social security would be disrupted, particularly during times of difficulty when there is greater reliance on assistance from support structures and networks.

Mitigation Solutions Proposed by Stakeholders Village residents prefer to be relocated as a community in one village to help maintain existing

kinship and social ties.

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Indigenous Groups55 Focus group discussions with Munda and Santal groups in the Project area have identified a number of issues, most of which are common to other Project-affected people. Specific areas of concern were around resettlement, including:

splitting of community bonds; preservation of culture and traditional values; impacts on religious activities; and with a reliance on agricultural and land based activities, loss of inherited land and associated

livelihoods.

Mitigation Solutions Proposed by Stakeholders Preference to be resettled together, within or nearby to other indigenous communities. A local compensation committee formed that includes representatives of indigenous groups.

Protection of the Environment and Natural Resources Although socio-economic issues dominated discussions, reference was made to potentially negative impacts that the Project may have on the physical environment and natural resources. Issues and concerns raised included:

possible contamination, reduction or loss of water sources; possible decrease in fish populations; impacts of the mine on air quality; and impacts of the mine on biodiversity.

Mitigation Solution Proposed by Stakeholders

Implementation of environmental mitigation measures prior to and during the development of the Project.

Measures put in place to ensure (a) sufficient availability of water, for domestic and agricultural use and (b) potable water for consumption.

Social and Economic Benefits Despite the questions and concerns that have been raised during the village level consultations, participants have generally recognised that the Project will result in a number of benefits and opportunities. Aside from the generation of local employment, diversification in income-earning opportunities, and the provision of improved infrastructure, and provided that concerns are addressed, the Project has the potential to improve overall economic conditions for people within or near to the Project area and thus lead to general social development in the region. A number of the consulted Upazila and Union officials believed that the Project could strengthen existing businesses and lead to the creation of secondary industries and income-generating opportunities. In addition, despite livelihood concerns identified by businesses, traders and service providers in the area, they recognised that there would be some benefit associated with the mine, such as an increased investment in the area and an expansion in the business of service sector providers (such as transport, food, recreation, telecommunication, accommodation, banking, and construction materials).

55 A separate Indigenous Peoples Development Plan (IPDP) provides more detail on issues raised, and proposed mitigation measures.

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4.4.2 Issues Raised by the Host Communities

Overall, the issues raised by members of the various host communities were very similar to those raised by resettler households in the Mine Footprint (see Section Error! Reference source not found.). The issues raised revolved around land loss and agricultural production, compensation practices and their status as affected persons, community services/facilities, employment opportunities and community relations. i. Support for the Establishment of the Resettlement Sites

Overall, the consultation meetings confirmed that there was general support for the establishment of the proposed resettlement sites. In most instances, though, alternative sites in the area or a realignment of the proposed sites were recommended.56 At the site proposed for the Munda households (required in Project year three to four) some community representatives were concerned about the religious and cultural difference between the host and resettler communities. The UP chairperson had earlier confirmed the acceptability of the resettlement site, but further consultation will occur before a site for the Munda households is finalised. ii. Land Loss and Impacts on Agricultural Production and Livelihoods

Concerns and issues raised by host community representatives focussed on:

the loss of agricultural land and the resultant negative impact on agricultural production; the adverse impact that the loss of agricultural land will have on those who are already poor; disruptions to current occupations (especially related to agriculture) and income-generating

activities in the area; impacts on sharecroppers affected by land acquisition; impacts on agricultural labourers, their livelihoods and income; the need for agricultural development programmes implemented in the host areas by Asia Energy

to increase food production; and the need to find alternative income-generating activities for sharecroppers and seasonal

labourers. iii. Compensation and Benefits

The following issues were frequently raised around compensation for land and tree losses:

compensation for affected assets should be at market value and not on the basis of the deed; compensation should be paid promptly; compensation should be paid directly to the affected landowner and not through local agents; and host communities should receive social and economic benefits from the project.

iv. Services and Facilities

There was an overall expectation that host communities should benefit from infrastructure and services development for the resettlement sites. Issues that were raised at specific meetings included:

the need to develop road links between host villages and proposed resettled villages, as well as with market areas;

the need to improve water supplies in host area villages; a concern over the impact of mining activities on water availability;

56 The priority one sites have subsequently been defined more clearly and a host area survey has been initiated amongst potentially affected landowners.

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the need for schools reported in some host villages and a concern that that there will be additional pressures on existing facilities in the host villages; and

a concern that disparities will be created between host and resettler villages and an expectation that host villages should be treated equally in terms of infrastructure and service provision.

v. Employment and Business Opportunities

As with people in the Mine Footprint, the issue of mine employment opportunities was frequently raised. Issues that were commonly raised included:

a belief that employment and business opportunities will be created due to project activities in the area;

a belief that existing (non-displaced) businesses in Phulbari Township will be adversely affected by the Project; and

an expectation that affected persons should get priority access to employment opportunities on the mine and related activities.

vi. Community Relations

A commonly raised concern was that the relocation of displaced households to the host community areas may cause social tension and problems. These problems could arise from differences in religious and cultural practices, in inequalities between host and resettler communities, and in increased population and pressure on resources. Finally, community representatives expressed a concern that the wellbeing of the affected people as well as other local people depended on Asia Energy keeping its commitments and promises.

4.5 ATTITUDES TOWARDS THE PROJECT

Directly affected people mostly appeared supportive of the Project, participating in the consultation process through attendance at meetings and responding to the various surveys, raising concerns as outlined above. According to the Resettlement Survey, a large majority of the respondents (79.3 percent) agreed that “The coal project is necessary for the development of the country”, with 18.4 percent disagreeing (2.3 percent said that they did not know). In the same survey, 74.1 percent agreed with the statement: “As long as fair compensation is paid for affected assets, I will support the coal project”, with 25.3 percent disagreeing and 0.6 percent uncertain.57 More recently, however, discontent around the Project has become evident amongst some Phulbari Paurashava (municipality) residents. Activities have included the organisation of a local Phulbari Interest Protection (Shartho Rakkha) Committee, demonstrations through the streets, submission of a memorandum to the government, the distribution of pamphlets, public meetings, a human chain through Phulbari town, and refusals by some households and business enterprises to be interviewed for surveys. Most of the potentially affected people have, however, continued to cooperate with the Project. Although there has been some concern about the impacts of the Project, Government officials have generally viewed the Project as a significant development with potentially substantial regional benefits. It is recognised that community opposition occurs in any large-scale development, those with large resettlement components typically being particularly contentious. In response to the recent display of discontent, Asia Energy has increased levels of consultation on all appropriate levels, and particularly with those who seem most concerned about Project developments, including general Project-affected individuals, community leaders and government officials. 57 These results are for the 8,869 households in the Mine Footprint covered by the Resettlement Survey, conducted between 22nd February and late August 2005. (This represents 97 percent of the total estimated households in the Mine Footprint.)

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5 PROPOSED FUTURE PROGRAMME

5.1 AIMS AND OBJECTIVES

Consultation with stakeholders is an ongoing process, and will continue to be conducted throughout the Project cycle, forming a key component of design, development, implementation and operation of the Project.

5.2 ORGANISATIONAL STRUCTURE

It is proposed that Asia Energy provide sufficient personnel and resources to ensure that all resettlement-related activities are effectively implemented and managed through the establishment of a Resettlement and Development (R&D) Division, headed by a Divisional Manager.58 The Manager will have full administrative powers and a separate budget line for implementation of relevant programmes. The R&D Division will comprise a number of dedicated Sections, all interconnected and supportive of each other: Land Acquisition & Resettlement, Compensation, Livelihoods & Development (with appointed specialists in Gender and Indigenous People), Infrastructure & Housing, Logistics, Grievance Resolution, Monitoring & Evaluation, and Information Systems. Included will be a Community Liaison & Participation Section, responsible for the management of all matters relating to a consultation and disclosure programme. Activities of this Section will include:

institutional and process development; liaison and consultation with all Project-affected stakeholders, and engagement protocols; dissemination of Project-related information; participatory planning; and management of a grievance resolution procedure.

In addition to a Sectional Manager, the Section will be staffed by three Consultation Officers (COs) with extensive experience in community consultation and rural development issues in Bangladesh. These COs will be supported by Community Liaison Assistants (CLAs), two per Union/Paurashava nominated by Local Liaison Forums (LLFs), to work on the Project on a full-time basis directly with Project-affected people. Field offices may be required for the co-ordination of all field activities. The Community Liaison and Participation Section will also manage the Information Office in Phulbari, which could be developed as a satellite office to Asia Energy’s Head Office in Dhaka, directly under the management of the R&D Division but with its own set of locally-based employees. The R&D Division will receive support through:

NGOs, consultancy groups and/or individual consultants, contracted to do specific Project-related activities; and

a Panel of Experts, providing assistance and advice on particular issues. The R&D Division will also link in with Project stakeholders through a broad-based set of structures recommended for resettlement implementation, as outlined in Figure 5. 58 Organisational arrangements are provided in greater detail in the Resettlement Plan.

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Figure 5: Proposed Organisational Framework for Resettlement Implementation Since the Project will deal with a range of different communities and complex socio-economic systems and issues, a representative organisational structure will be required to ensure that resettlement-related issues are properly planned, implemented and monitored. The emphasis will be on strategic and adaptive management, with regular co-ordinated input from all affected stakeholders. It is recommended that the Resettlement Steering Committee (RSC) fulfils this function, having been formed by representatives of Asia Energy, government agencies (especially at local and regional level), NGOs operating in the area, members elected to LLFs, and other key stakeholders as required. Community representation will be ensured through LLF membership, with particular procedures put in place to ensure representation of host communities from the start. Specific issues requiring further assessment and discussion will require the establishment of special RSC Task Groups; for example, grievances and dispute resolution, compensation rates and payment procedures, and addressing special interest groups such as indigenous people, women-headed households, and the landless. The Task Groups will make recommendations to the RSC on resolution or further action required. Once the implementation of resettlement is phased out, all organisational structures, internal and external to Asia Energy, will be adapted to accommodate the ongoing provision of consultation liaison.

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5.3 METHODOLOGY AND KEY ACTIVITIES

Public consultation and information disclosure has been undertaken by Asia Energy in preparation for all aspects of the DFS of the Project. A plan for future public consultation is a valuable tool to continue this process, to guide Asia Energy in involving all Project-affected stakeholders on an ongoing basis, in the implementation of the Project during construction and operation phases. The following future activities will be undertaken as part of the public consultation and disclosure process:

5.3.1 Public Consultation and Disclosure Review

An evaluation of the current consultation and disclosure process is required, making adjustments for future implementation. This will most effectively be accomplished through a workshop with relevant stakeholders led by Asia Energy, and including those who have participated in the Project’s public consultation and disclosure activities to date. The evaluation will link directly into the Monitoring and Evaluation programme of the Project. Possible risk factors to the PCDP need be considered in undertaking a review of the programme, the most important of which would be time delays affecting implementation, a lack of accountability and/or representation by institutions established to take the process forward, non-participation of specific stakeholders, and inadequate or deferred disclosure of information.

5.3.2 Development of Institutional Base

Implementation of the PCDP will be dependent on the development of an appropriate institutional base as outlined in Section 5.2. Preparation of the social environment is essential for the establishment of relevant structures, and will involve for example:

finalising the TOR of all organisational structures, including the roles and responsibilities of members; and

designing and implementing a capacity building programme for all participants as appropriate, including training around background to the Project, with a focus on CLAs and the community-based representatives of the LLF.

5.3.3 Development of Evaluation Indicators

Evaluation indicators will be developed to assess the effectiveness of the public consultation and disclosure strategy over the life of the Project. For example: Indicator Variable Data Source Frequency Consultation LLF involvement in issues

Number of LLFs established Number and dates of LLF meetings Type of issues raised at LLF meetings

RSC minutes LLF minutes Asia Energy records

Ongoing to Project completion

Resolved Grievances Number of grievances resolved by RSC

Number of grievances resolved by type Number of cases referred to court

RSC Task Group minutes

Court records Asia Energy records

Ongoing to Project completion

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5.3.4 Implementation of the PCDP

The PCDP will run based on requirements and in adaptation to the action plan resulting from the evaluation exercise. It is recommended that the following activities are undertaken as a continuation of the current process and forming the basis of the PCDP review:

1. Preparation of an in-country release of the ESIA, and particularly the distribution of the Executive Summary in Bangla59; soliciting responses to the reports through consultation with various stakeholders, including NGOs; and incorporating responses into the final reports.

2. Further consultation with stakeholders will include:

Discussions with government officials, at a national,

regional and local level, over legal and administrative issues.

Consultation with stakeholders specific to the provision of support services, in particular government structures and NGOs, to ensure timely and effective transfer of necessary services such as health and education.

The Mine Footprint – which consists of the coal extraction areas, an overburden dump area, a mine infrastructure and service area, and a buffer zone – initially included the entire eastern portion of Phulbari town, and all consultation has proceeded to date based on this supposition. However, the Footprint was modified in mid-September 2005 to exclude sections of the eastern portion of town. A further information dissemination and consultation programme has thus been initiated to discuss the modification of the Footprint and associated social impacts with government officials, local government representatives, and affected communities.

A proposed plan for extended Phulbari town has been submitted to Asia Energy, and

potential future village resettlement locations are being identified. As indicated, consultation has been initiated on Village Resettlement sites. These need to be finalised, and will require extensive consultation at government, village and household level.

Facilities associated with the Project, such as the realignment of the railway line and

roadways, rail upgrade, and options around port placement and facilities, will require extensive consultation programmes incorporated into applicable Project studies.

District-level workshops with the Dinajpur District Commissioner and relevant officials are planned to discuss land acquisition, including the GIS-based land ownership database prepared for the Project, and resettlement.

Ongoing reportbacks to stakeholders on the status of the Project, and particularly to households requiring resettlement and to host resettlement areas.

59 The Bangla version is presently in the process of being finalised.

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Intense ongoing consultation with vulnerable households, such as women-headed households and landless people, around resettlement and livelihood restoration plans. An Indigenous Peoples Development Plan (IPDP), part of the ESIA, details the plan of action for the indigenous groups that will be affected; issues directly relating to the plan will require a dedicated comprehensive consultation process.

Consultation with stakeholders involved in the restoration of livelihoods and social development plans, particularly of vulnerable groups, as detailed in the Resettlement Plan. This will include those offering a support service; for example, NGOs (through education, microcredit services and training), and the private sector (through corporate social responsibility programmes and sponsorship). NGOs have a history of implementing major projects in Bangladesh; for example, NGOs contracted for the Jamuna Multipurpose Bridge Project, such as BRAC and Grameen Bank; and CCDB for the Southwest Road Network Development Project and the Bhairab Bridge Project.

Any other consultation that may be required around issues that arise and may have direct

or indirect affect on stakeholders, resulting from the mine operation and Project implementation.

These consultation and disclosure activities will form part of a broader strategy to enhance stakeholder support for the Project.

3. Current methods of disclosure will be extended to include:

a continuous distribution of updated information about the Project in the form of

Information Sheets/pamphlets, posters, brochures, Newsletters, video screenings, use of the Web site, and workshops, appropriate to the culture and language of the targeted group; and

an expansion of the service provided by the Information Centre, for example: a mobile version of the Information Centre duplicating most of the facilities and

exhibits; a library of available information in digital and non-digital form, such as Project reports

and mapping; internet access to Project information, and to Asia Energy’s website; presentation of promotional material of the Project and other related areas of interest,

through videos, slide shows, photographs, and model of the mine; a database of Project-affected villages, incorporating a summary of information

collected on core features of each village; and a database of affected households and business enterprises, consisting primarily of

information collected from surveys. Restricted access will be maintained to respect confidentiality.

In addition, consideration will be given to the establishment of a system of mini satellite centres to operate in the Project area. All staff working as part of the Information Centre will require training on the Project background and aspects of implementation, and continual updates on the status of the Project. In the long term the Centre could extend its services beyond the domain of Project stakeholders into a broader Phulbari Coal Mine Visitor’s Centre.

5.4 COSTING

The PCDP will be financed through Asia Energy’s budget, and will include the costs of consulting services, resource people, consultation activities, information dissemination, and reporting. Given that most activities will fall under the R&D Division, detailed costing will be included in the Resettlement Plan.

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5.5 TIME SCHEDULE

The PCDP is designed to continue as an ongoing extension of the current programme of consultation and disclosure, implemented over the duration of all stages of the Project. A time schedule of planned activities is detailed in Figure 6.

Figure 6: PCDP Programme Time Schedule

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6 GRIEVANCE MANAGEMENT

Appropriate grievance and dispute resolution procedures and mechanisms will be established by the Project by which affected people can bring complaints to the Project for consideration and redress. These are essential tools for allowing affected individuals to voice concerns as they arise and, if necessary, for corrective action to be taken timeously. They are also fundamental to achieving the principle of transparency by the Project. It is in the interest of all concerned that Project-related grievances are resolved through Project-related mechanisms, where Asia Energy and all stakeholders are represented. As set out in Figure 7, it is thus recommended that any grievance is reported directly to the first-level organisational structure, namely a Local Liaison Forum (LLF). Thereafter, as part of the proposed organisational framework for resettlement implementation, a specific Task Group of the RSC, a Grievance Management Task Group, would be best placed to address grievances and dispute resolution that cannot be resolved by a LLF. The Terms of Reference (TOR) and Constitution of this Task Group would include the definition of membership, roles and responsibilities, powers and modus operandi, and the process for further action if a grievance or dispute cannot be resolved at this level.

Figure 7: Recommended Grievance Procedure Responsibility for matters relating to grievance and dispute resolution within Asia Energy will lie with the Grievance Resolution Unit under the Community Liaison and Participation Section of the R&D Division. This Unit would liaise closely with the Grievance Management Task Group of the RSC, with ensured representation on this Task Group.

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The resolution of all grievances and disputes will be according to applicable legislation. Although all steps will be taken to resolve all grievances and disputes within the appropriate Project structures, those that cannot will have the option of making use of a mutually acceptable independent mediation channel. Thereafter, if still not resolved, the complainant will have recourse to national law through the judiciary. While the R&D Division of Asia Energy will assist affected people in land and compensation matters as required under the law, aided by the NGO sector, the Project’s grievance resolution mechanism will not provide legal advice to people contesting a Project-related matter through a court of law.60 An Evaluation Panel appointed for the Project will include the function of reviewing reported grievances and grievance management (see Section 7.1.2). On an international level, there are some mechanisms in place to provide affected people an avenue for complaints or grievances, directly against the Project or where there has been material non-compliance with policies of an institution financing a Project. As an example, Oxfam Community Aid Abroad established a Mining Ombudsman in February 2000, acting as an independent complaints mechanism “to ensure that the process by which companies deal with communities is a fair and equitable one that respects the fundamental rights of men and women from affected communities”.61 Adopting a rights-based approach, including the right to be heard, the Ombudsman is limited in scope to the Australian mining industry. Of note, also, is the IFC Compliance Advisor/Ombudsman (CAO), an independent post which reports directly to the President of the WBG. The Mission statement of the Office of the CAO broadly states its role: “(it) is committed to enhancing the development impact and sustainability of IFC and MIG62 projects by responding quickly and effectively to complaints from affected communities and by supporting IFC and MIG in improving the social and environmental outcomes of their work, thereby fostering a higher level of accountability”.63 More specifically, as Ombudsman its role is to respond to complaints initiated by complainants, attempting “to resolve fairly the issues raised, using a flexible problem-solving approach”, through which parties can find “mutually satisfactory solutions”. The course of action adopted in responding to a complaint will depend on whether it accepts the complaint, and on the nature, complexity and urgency of the complaint: facilitating dialogue and thus self-generated solutions; conciliation or mediation; further fact-finding and investigation; or proposing interim recommendations. As with an Ombudsman, any body reviewing cases requires independence and impartiality, to foster the trust and confidence of all stakeholders. In addition, the principle of confidentiality need apply to all processes; confidentiality of the complainant, if so requested, and to information provided by any of the parties to a complaint. Information about all dispute and grievance procedures, including the functions of each structure and the processes to follow, will be widely disseminated to reach all stakeholders, through governmental and nongovernmental organisations, the Information Centre, and the media. A written record of all disputes/grievances raised and dealt with will be kept by Asia Energy or a nominated agent. These records will be monitored regularly by the RSC and by an independent Monitoring Team as part of an on-going monitoring and evaluation process.

60 In Bangladesh there is provision for legal aid support by the state for a poor person seeking relief in court. Since 1994 the government has taken up the issue of providing legal aid to indigent litigants; in 1997 a National Legal Aid Committee was formed, to pay the advocates’ fees of deserving people; in 2000 the Legal Aid Act was enacted, providing for the constitution of district committees to examine and approve applications for granting legal aid. (Asiatic Society of Bangladesh. 2004. Op cit.). This support is solely for “indigent” people. Some NGOs provide aid to people who cannot afford legal advice. However, issues around compensation presently seem to fall through the gap; for example, the Bangladesh Environmental Lawyers Association (BELA) deals solely with environmental issues, and may thus not be in a position to assist complainants around resettlement. 61 Oxfam Community Aid Abroad. 2002. Mining Ombudsman: Annual Report 2001– 2002. See also www.caa.org.au 62 Multilateral Investment Guarantee Agency, a member of the WBG that encourages foreign direct investment in developing countries. 63 www.cao-ombudsman.org

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7 REPORTING

7.1 CURRENT REPORTING

Reporting methods employed to date have been managed by Asia Energy. These can be divided into two separate functions:

1. Internal reporting, within and to Asia Energy on all aspects of the Project; and 2. External reporting, to stakeholders on Project-related matters.

No other reporting is required at present.

7.1.1 Internal Reporting

Most reporting to Asia Energy by Project members has been in the form of:

field reports, written directly after any consultation exercise. Those submitted by SMEC are accompanied by a register of participants, who sign if they are literate. An electronic copy of the field report and a scanned copy of the attendant’s register are sent to Asia Energy as a record. Digital photographs are also taken of some meetings, and kept on file;

minutes of meetings held, particularly of individual meetings; written submissions incorporated in Project reports; and verbal updates of work undertaken, provided from time to time to keep Asia Energy updated on

the status of the consultation and disclosure process.

7.1.2 External Reporting

Given that the Project is in its early stages, reporting back to stakeholders has mostly been limited to direct feedback to questions or concerns raised at interviews and consultation meetings, formal presentations to targeted audiences, or by respondents to Project surveys. Recognising the importance of information flow, and to keep stakeholders fully informed of Project developments, the Information Centre has developed a feedback system on all subjects raised by visitors that require a detailed response. Issues are recorded in written form and referred to Asia Energy, who ensures an immediate response dependant on the type of query.

7.2 PROPOSED REPORTING METHODS

7.2.1 Internal Reporting

Internal reporting will comprise the following aspects:

1. The results of all public consultation and disclosure activities carried out during the course of the Project will be documented and archived by Asia Energy’s R&D Division on an ongoing basis.

2. A monthly report will be submitted to the Divisional Manager, for inclusion in the internal

monthly monitoring reports compiled by the Monitoring and Evaluation Section of the R&D Division, and in the quarterly reports for distribution to the RSC and the LLFs.

3. All activities will be monitored against the PCDP, against planned milestones, by the

Monitoring and Evaluation Section.

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7.2.2 External Reporting

External reporting will be to appropriate bodies:

1. Direct reporting to an Evaluation Panel, appointed to provide guidance to the Project’s R&D Division, including the Community Liaison and Participation Section. This includes the function of monitoring performance of the PCDP. Comprising international and local specialists with expertise in resettlement and development process and practise, the Panel will undertake overall evaluations of the resettlement and livelihood restoration programme. This will amongst other things entail:

examining all internal and external monitoring reports; analysing budgets and expenditure in relation to realities on the ground; random site visits and consultation with the affected population, to verify the success of

implementation; evaluating Project institutions, including capacity and operation constraints; reviewing grievances, grievance redress, and the grievance management system; advising Asia Energy and affected communities of any emergent issues; and making recommendations on how to address issues and improve practices, focus and

orientation of the resettlement and livelihood restoration process, with particular reference to vulnerable special interest groups and women.

The Panel will have access to all internal reports of the public consultation and disclosure programme. It will initially undertake bi-annual site visits, and thereafter meet annually for the duration of the resettlement programme.

2. Where relevant, an annual evaluation of activities of the R&D Division will be conducted by an

external agency (such as an NGO) using standardised instruments.

3. If an external financial institution funds the Project, reporting need be in line with their policies and requirements. For example, according to IFC’s OP 4.01: Environmental Assessment, as part of the ongoing process to be carried out during the construction and operation phases of the Project, for Category A Projects all consultation is required to be documented and submitted in annual monitoring reports to the IFC ninety days after the end of the project sponsor’s fiscal year, subject to agreement in an Environmental Action Plan.64

Dependent on whether Asia Energy takes out membership with international bodies, such as the ICMM, they will be obligated to follow reporting methods of such institutions.

64 IFC. 1998. Op cit.

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8 CONCLUSION

Asia Energy has been conducting an intense public consultation and disclosure programme to date, detailing results in the required ESIA documents. For the future, appropriate institutional arrangements will be put in place, internal and external to Asia Energy, to ensure that an ongoing process is implemented with consideration given to all stakeholders concerned. This PCPD will be made available in an accessible form to project-affected groups and other stakeholders, in hard copy and in electronic format – posted on the Project’s website. This includes local distribution of the report, in a shortened version, in Bangla, for placement in the Project’s Information Centre in Phulbari and in other public places.

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APPENDICES A: STAKEHOLDERS CONSULTED FOR THE ESIA B: CONSULTATION BY ASIA ENERGY C: INFORMATION DISSEMINATED D: ASIA ENERGY’S INTERIM CORPORATE

COMMUNICATION STRATEGY

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APPENDIX A

STAKEHOLDERS CONSULTED FOR THE ESIA

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APPENDIX A: STAKEHOLDERS CONSULTED FOR THE ESIA

NATIONAL LEVEL

Date Individual/Group Consulted Organisation/Place

29.07.04 Joint Secretary Director: Technical

Ministry of Environment and Forest Department of Environment, Dhaka

29.07.04 Director Bureau of Mineral Development, Dhaka 03.08.04 Chairperson Nature Conservation Management, Dhaka 04.08.04 Principal Specialist and Head Institute for Water Modelling (IWM), Dhaka 04.08.04 Chief Scientific Officer Bangladesh Atomic Energy Commission (BAEC), Dhaka 08.08.04 Professor Department of Environment, Bangladesh University of Engineering and

Technology (BUET), Dhaka 31.08.04 Director: Mines and Minerals Petrobangla, Dhaka 31.08.04 Senior Water and Sanitation Specialist World Bank (WB), Dhaka 01.09.04 Director BAEC, Dhaka 09.09.04 Director: Technical Department of Environment, Dhaka 12.12.04 Chairperson Department of Microbiology, University of Dhaka 16.02.05 Professor Department of Soil, Water and Environment, University of Dhaka 12.03.05 Chief Hydrologist, Dinajpur Irrigation Management Division, IWM, Dhaka 13.03.05 Principal Scientific Officer Water Resources Planning Organisation (WARPO), Dhaka 14.03.05 Technical Advisor

Ex-Additional Chief Engineer Social Development Foundation (SDF), Department of Public Health Engineering (DPHE), Dhaka

29.03.05 Director: Operations Gas Transmission Company Ltd, Dhaka 03.04.05 Senior Energy Specialist WB, Dhaka 13.04.05 Executive Engineer: Research and

Development Division DPHE, Dhaka

13.04.05 Senior Specialist IWM, Dhaka 13.04.05 Junior Engineer Flood Management Division, IWM, Dhaka 16.04.05 Fisheries Coordinator World Fish Centre 17.04.05 Director Caritas Fisheries Programme 27.04.05 Project Director Community Based Fisheries Management Project, Department of

Fisheries, Dhaka 27.04.05 Fisheries Co-ordinator World Fish Centre, Dhaka 8.05.05 Chief Planner Bangladesh Water Development Board (BWDB), Dhaka 8.05.05 Assistant Chief Engineer DPHE, Dhaka 14.05.05 Superintendent Engineer Planning, Roads and Highways Department (RHD), Dhaka 24.05.05 Project Director Thana Growth Centre Project, DPHE, Dhaka 16.06.05 Chief Engineer Power Development Board (PDB), Dhaka 18.06.05 Project Director: 16 Town Project PDB, Dhaka 20.06.05 District Board Member PDB, Dhaka 22.06.05 Project Director: Power Grid Company

Bangladesh (PGCB) PDB, Dhaka

07.07.05 Managing Director: PGCB PDB, Dhaka 19.07.05 General Manager Bangladesh Telephone and Telecommunication Board (BTTB), Dhaka 23.07.05 Deputy Chief Conservator of Forests Forests Department, Dhaka

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DISTRICT LEVEL

Date Individual/Group Consulted Organisation/Place

20.10.04 Deputy Director, Rajshahi Division Department of Environment (DoE), Bogra 11.12.04 Assistant Engineer, Irrigation Bangladesh Agricultural Development Corporation (BADC), Dinajpur 13.02.05 Director Rural Development Academy (RDA), Bogra 19.04.05 Superintendent Engineer

Executive Engineer DPHE, Dinajpur

19.04.05 Executive Engineer BWDB, Dinajpur 30.04.05 Executive Engineer Road Division, Dinajpur 30.04.05 Superintendent Engineer Roads and Highways Department (RHD), Dinajpur 30.04.05 Executive Engineer Local Government Engineering Department (LGED), Dinajpur 02.05.05 Sub-Divisional Engineer (SDE) DPHE, Dinajpur 02.05.05 Executive Engineer: Operation &

Maintenance Division BWDB, Dinajpur

30.05.05 Executive Engineer BADC, Dinajpur 30.05.05 Deputy Director Directorate of Youth Development , Dinajpur 31.05.05 Executive Engineer Barind Multipurpose Development Authority (BMDA), Dinajpur 31.05.05 Deputy Director Department of Agriculture Extension (DAE), Ministry of Agriculture,

Dinajpur 31.05.05 District Education Officer Department of Secondary and Higher Secondary Education, Dinajpur 31.05.05 District Livestock Officer Directorate of Livestock Services, Dinajpur 01.06.05 Executive Engineer RHD, Dinajpur 01.06.05 Executive Engineer Public Works Department (PWD), Dinajpur 01.06.05 Deputy Director Bangladesh Rural Development Board (BRDB), Dinajpur 04.07.05 Deputy Director Department of Social Service, Dinajpur 04.07.05 Executive Engineer LGED, Dinajpur 05.07.05 District Primary Education Officer District Primary Education Office, Dinajpur 05.07.05 Program Officer Department of Women Affairs, Dinajpur 06.07.05 Regional Manager Palli Darirdro Bimochan Foundation (PDBF) 06.07.05 Assistant District Fisheries Officer District Fisheries Office, Dinajpur 06.07.05 Assistant Conservator of Forests Divisional Forest Officer’s Office, Dinajpur 08.07.05 Resident Engineer PDB, Phulbari 09.07.05 Sub Divisional Engineer: Development

Division PDB, Dinajpur

09.07.05 Chief Engineer-in-Charge PDB, Phulbari 10.07.05 Executive Engineer PDB, Dinajpur

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UPAZILA LEVEL

PHULBARI UPAZILA

Date Individual/Group Consulted Organisation/Place

10.08.04 UNO and Upazila level government officials UNO, Phulbari 10.08.04 Assistant Agriculture Officer Upazila Agriculture Office, Phulbari 10.08.04 Upazila Engineer Upazila Engineering Office, Phulbari 10.08.04 Upazila Accounts Officer Upazila Accounts Office, Phulbari 11.08.04 Upazila Fisheries Officer Upazila Fisheries Office Phulbari 11.08.04 Upazila Livestock Officer Upazila Livestock Office, Phulbari, 11.08.04 UP Chairperson and other elected representatives Shibnagar UP, Phulbari 14.08.04 UP Chairperson and other elected representatives Khayerbari UP, Phulbari 14.08.04 UP Chairperson and other elected representatives Aladipur UP, Phulbari 14.08.04 Deputy Director

Upazila Youth Development Officer Directorate of Youth Development, Dinajpur Upazila Youth Development Office, Phulbari

14.08.04 Sub Assistant Engineer DPHE, Phulbari 14.08.04 Upazila Women Affairs Officer Women Affairs Office, Phulbari 14.08.04 Upazila Primary Education Officer Upazila Primary Education Office, Phulbari 15.0804 Upazila Project Officer (Education) Upazila Project Office (Education), Phulbari 15.08.04 Head Assistant Upazila Land Office, Phulbari 15.08.04 Assistant Manager Barapukuria Coal Mining Company Ltd 30.08.04 Upazila Social Service Officer Upazila Social Service Office, Phulbari 30.08.04 Upazila Statistics Officer Upazila Statistics Office, Phulbari 31.08.04 UP Chairperson and other elected representatives Daulatpur UP, Phulbari 04.09.04 Upazila Health Officer

Family Planning Officer Upazila Health and Planning Office, Phulbari

04.09.04 Upazila Cooperative Officer-in Charge Upazila Cooperative Office Phulbari 18.09.04 19.09.04

Upazila Rural Development Officer Junior Officer (Accounts)

Upazila Rural Development Office, Phulbari

18.09.04 Local Depot Supply Officer Upazila Food Office, Phulbari 18.09.04 Project Implementation Officer Relief and Rehabilitation Office, Phulbari 19.09.04 Branch Manager PDBF, Phulbari 16.10.04 Upazila Food Officer Upazila Food Office, Phulbari 19.10.04 Ansar and Village Defence Party (VDP) Officer Ansar and VDP Office, Phulbari 20.10.04 Sub Assistant Engineer Telephone & Telegraph Office, Phulbari 27.10.04 Resident Engineer PDB, Phulbari 27.10.04 Upazila Election Officer-in-charge Upazila Election Office, Phulbari 27.10.04 Station Master Railway Station, Phulbari 27.10.04 Second Officer Police Station, Phulbari 27.10.04 Sub Registrar Sub Registrar Office, Phulbari 27.10.04 Peshkar Settlement Office, Phulbari 28.10.04 Upazila Family Planning Trainer Upazila Family Planning Office, Phulbari 02.11.04 Postmaster Upazila Post Office, Phulbari 28.11.04 Chairperson and other elected representatives

(Ward Commissioners) Phulbari Paurashava , Phulbari

29.11.04 18.04.05

Secretary Paurashava (Municipality) Office, Phulbari

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Date Individual/Group Consulted Organisation/Place

29.11.04 Assistant Engineer, Phulbari BMDA, Phulbari 29.11.04 Assistant General Manager: Member Services

Assistant General Manager: Administration Dinajpur Palli Biddut Samity-2 (Rural Electrification Board), Phulbari

12.12.04 Agriculture Extension Officer Upazila Agriculture Office, Phulbari 12.12.04 Assistant Engineer BMDA, Phulbari 09.01.05 Ward Level consultation meeting Ward No. 3, Amrabari, Khayerbari Union 11.01.05 Ward Level consultation meeting Ward No. 1, Purba Narayanpur, Khayerbari Union 11.01.05 Ward Level consultation meeting Ward No. 4, Khayerbari Union 26.01.05 Ward Level consultation meeting Wards Nos. 5 & 6, Khayerbari Union 12.02.05 Upazila Engineer LGED, Phulbari 03.03.05 18.04.05

Chairperson Phulbari Paurashava (Municipality)

18.04.05 Assistant Engineer LGED, Phulbari 18.04.05 Assistant Engineer PDB, Phulbari 05.04.05 Ward Level consultation meeting Ward No. 1, Phulbari Paurashava 06.04.05 Ward Level consultation meeting Ward No. 5, Phulbari Paurashava 07.04.05 Ward Level consultation meeting Ward No. 3, Phulbari Paurashava 09.04.05 Ward Level consultation meeting Ward No. 6, Phulbari Paurashava 10.04.05 Ward Level consultation meeting Ward No. 8, Phulbari Paurashava 18.04.05 Ward Commissioners Phulbari Paurashava (Municipality) 23.4.05

Consultation meeting with representatives of NGOs (BRAC, CCDB, ADRA, TMSS, CARE, Caritas, HEED Bangladesh, World Concern, Swakalpa Society, Pallisree, ASA)

International, national, regional and local NGOs working in Phulbari Upazila

24.04.05 Ward Level consultation meeting Ward No. 7, Phulbari Paurashava 25.04.05 Group Discussion: Shopkeepers Lakshmipur Bazar Baboshayee Samiti (Business Association) 26.04.05 Ward Level consultation meeting Ward No. 4, Phulbari Paurashava

27.04.05 Ward Level consultation meeting Ward No. 9, Phulbari Paurashava 09.05.05 Group discussion: Phulbari Thana Motor Sramik

Union Motor Sramik Union Office, Phulbari

10.05.05 Group discussion: Phulbari Thana Baboshayee Samiti (Business Association)

Chamber of Commerce Office, Phulbari

11.05.05 Ward Level consultation meeting Ward No. 2, Phulbari Paurashava 26.05.05 Household heads, Chilapara village: Indigenous

People (Santal) Khayerbari Union

16.06.05 UP Chairperson and members, local people Shibnagar Union 25.06.05 Household heads, Chilapara village: Indigenous

people (Santal) Khayerbari Union

27.06.05 UP Chairperson and other elected representatives Shibnagar Union 06.07.05 UP Chairperson and members, local people Khayerbari Union 28.07.05 UP Chairperson and members Khayerbari Union 09.08.05 UP Chairperson Barai Bazar, Aladipur Union 21.11.05 Host community representatives (Munda site) Barai Bazar, Aladipur Union 24/11/05 Host community representatives (Site 5) Aladipur Union 04/03/06 Host community representatives (Site 4) Khayerbari Union 23/03/06 Host community representatives (Site 1) Phulbari Paurashava 04/04/06 Host community representatives (Site 1) Phulbari Paurashava 04/04/06 Host community representatives (Site 1) Phulbari Paursahava 05/04/06 Host community representatives (Site 4) Khayerbari Union

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Date Individual/Group Consulted Organisation/Place

05/04/06 Host community representatives (Site 1) Phulbari Paurashava 05/04/06 Host community representatives (Site 4) Khayerbari Union 06/04/06 Host community representatives (Site 1) Phulbari Paursahava

BIRAMPUR UPAZILA

Date Individual/Group Consulted Organisation/Place

31.08.04 UNO and Upazila government officials UNO, Birampur 31.08.04 Upazila Statistics Officer, Birampur Upazila Statistics Office, Birampur 01.09.04 Upazila Livestock Officer, Birampur Upazila Livestock Office, Birampur 01.09.04 Upazila Agricultural Officer

Upazila Assistant Agricultural Officer Upazila Agriculture Office, Birampur

01.09.04 UP Chairperson and other elected representatives Khanpur UP, Birampur 01.09.04 UNO (Executive Officer) UNO, Birampur 01.09.04 Upazila Primary Education Officer Upazila Primary Education Office, Birampur 01.09.04 Upazila Accounts Officer Upazila Accounts Office, Birampur 02.09.04 Upazila Project Officer (Education) Upazila Project Office (Education), Birampur 02.09.04 Roman Catholic Priest Dhanjuri Catholic Church Mission 02.09.04 Field Assistant Upazila Fisheries Office, Birampur 02.09.04 Upazila Cooperative Officer Upazila Cooperative Office, Birampur 16.09.04 Upazila Engineer

Sub Assistant Engineer Upazila LGED Office, Birampur

16.09.04 Upazila Rural Development Officer Upazila BRDB Office, Birampur 16.09.04 Upazila Project Implementation Officer Relief and Rehabilitation Office, Birampur 16.09.04 Upazila Women Affairs Officer Upazila Women Affairs Office, Birampur 16.09.04 Upazila Primary Education Officer Upazila Primary Education Office, Birampur 16.09.04 Upazila Youth Development Officer Upazila Youth Development Office, Birampur 16.09.04 Upazila Social Service Officer Upazila Social Service Office, Birampur 18.09.04 Upazila Health Officer

Upazila Family Planning Officer Upazila Health Complex, Birampur

18.09.04 Upazila Sub Assistant Engineer Upazila Public Health Engineering Office, Birampur 18.09.04 Branch Manager PDBF, Birampur 18.09.04 Kanongo Upazila Land Office, Birampur 18.09.04 Sub Assistant Engineer Education Engineering Dept., Birampur 19.09.04 Bit Officer Forest Range Office, Charkai, Birampur 25.10.04 Station Master Railway Station, Birampur 25.10.04 Ansar and VDP Commander Ansar and VDP Office, Birampur 01.11.04 Upazila Food Officer Upazila Food Office, Birampur 01.11.04 Sub Inspector of Police Police Station, Birampur 01.11.04 Upazila Election Officer-in-charge Upazila Election Office, Birampur 01.11.04 Postmaster Upazila Post Office, Birampur 01.11.04 Sub Registrar Sub Registrar Office, Birampur 04.11.04 Telephone Operator Telephone and Telegraph Office, Birampur 29.11.04 Assistant General Manager: Member Service

Assistant General Manager: Administration Dinajpur Palli Biddut Samity-2 (REB), Birampur

12.12.04 Ward Level consultation meeting Ward No. 8, Khanpur Union

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Date Individual/Group Consulted Organisation/Place

14.12.04 Ward Level consultation meeting Ward No. 9, Khanpur Union 29.12.04 Ward Level consultation meeting Ward No. 6, Khanpur Union 30.12.04 Ward Level consultation meeting Ward No. 7, Khanpur Union 27.01.05 Ward Level consultation meeting Ward No. 4, Khanpur Union 30.01.05 Ward Level consultation meeting: more than 80%

of the participants were from an indigenous group Ward No. 5, Khanpur Union

05.03.05 Group Discussion: Indigenous group (Munda) Belpukur, Khanpur Union 05.03.05 Sub Assistant Engineer DPHE, Birampur 06.03.05 Group Discussion: Indigenous group (Santal) Chhota Buksi, Khanpur Union 14.03.05 Group Discussion: Landless household heads Baragram Village, South Sahabajpur, Khanpur Union 16.03.05 Group Discussion: Farmers North Sahabajpur, Khanpur Union 04.04.05 Group Discussion: Farmers South Sahabajpur (Hindupara), Khanpur Union 07.05.05 Group Discussions: Women Pakurtali and Poragram, Khanpur Union 15.06.05 Roman Catholic Priest Dhanjuri Catholic Church Mission 16.06.05 Local CCDB Manager and staff CCDB, Birampur, Khanpur Union 28.06.05 Group Discussion: Household heads Chhota Buksi, Khanpur Union 03.07.05 UP Chairperson and members, local people Birampur, Khanpur Union 06.07.05 UNO Chairperson and UP members UNO, Birampur, Khanpur Union 25.07.05 Group Discussion: Indigenous group (Santal) Digalchand, Khanpur Union 25.07.05 Group Discussion: Indigenous group (Santal) Bara Buksi, Khanpur Union 26.07.05 Group Discussion: Indigenous group (Munda) Belpukur, Khanpur Union 10.08.05 Roman Catholic Priest Dhanjuri Catholic Church Mission 10.08.05 UP Chairperson Birampur, Khanpur Union 23/11/05 Host community representatives (Santal) Birampur Union

PARBATIPUR UPAZILA

Date Individual/Group Consulted Organisation/Place

13.08.04 Site visit and discussion with officials and people around Barapukuria Coalmine and Power Plant Project

Barapukuria Coalmine and Power Plant Project, Parbatipur

20.09.04 UNO and other Upazila officials UNO Office, Parbatipur 20.09.04 Upazila Agriculture Officer Upazila Agriculture Office, Parbatipur 20.09.04 Upazila Statistical Officer Upazila Statistics Office, Parbatipur 20.09.04 Upazila Accounts Officer Upazila Accounts Office, Parbatipur 20.09.04 Branch Manager PDBF, Parbatipur 20.09.04 UP Chairperson and other elected members Hamidpur UP, Parbatipur 12.10.04 Upazila Youth Development Officer Upazila Youth Development Office, Parbatipur 12.10.04 Upazila Fisheries Officer Upazila Fisheries Office, Parbatipur 12.10.04 Upazila Livestock Officer Upazila Livestock Office, Parbatipur 12.10.04 Upazila Women Affairs Officer Upazila Women Affairs Office, Parbatipur 12.10.04 Upazila Social Service Officer Upazila Social Service Office, Parbatipur 12.10.04 Upazila Rural Development Officer Upazila Rural Development Office, Parbatipur 12.10.04 Upazila Primary Education Officer Upazila Primary Education Office, Parbatipur 12.10.04 Upazila Food Inspector Upazila Food Office, Parbatipur 12.10.04 Operator Telephone and Telegraph Office, Parbatipur 26.10.04 Kanango Assistant Commissioner’s Land Office, Parbatipur

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Date Individual/Group Consulted Organisation/Place

26.10.04 Assistant Settlement Officer Peshkar Head Assistant

Settlement Office, Parbatipur

26.10.04 Head Clerk Upazila Election Office, Parbatipur 26.10.04 Project Implementation Officer Relief and Rehabilitation Office, Parbatipur 26.10.04 Upazila Engineer Upazila Engineering Office, Parbatipur 26.10.04 Medical Officer

Statistician Upazila Health Complex, Parbatipur

26.10.04 Upazila Family Planning Trainer Upazila Family Planning Office, Parbatipur 26.10.04 Sub Assistant Engineer Upazila Public Health Engineering Office, Parbatipur 26.10.04 Upazila Project Officer (Secondary Education) Project Office, Secondary Education, Parbatipur 26.10.04 Inspector, Narcotics Department Narcotics Department, Parbatipur 26.10.04 Ansar and VDP Training Instructor Ansar and VDP Office, Parbatipur 26.10.04 Postmaster Post Office, Parbatipur 26.10.04 Assistant Upazila Primary Education Officer Upazila Primary Education Office, Parbatipur 12.12.04 Assistant Engineer BMDA, Parbatipur 12.12.04 Upazila Agricultural officer Upazila Agriculture Office, Parbatipur 12.01.05 Upazila Cooperative officer Upazila Cooperative Office, Parbatipur 12.01.05 Sub Registrar Sub Registrar Office, Parbatipur 29.01.05 Ward Level consultation meeting Ward No. 8, Hamidpur Union 26.02.05 UP Chairperson Hamidpur Union 06.03.05 Assistant Manager (Mechanical) Barapukuria Coal Mining Company Ltd 15.03.05 Group Discussion: Sharecroppers Mobarakpur, Hamidpur Union 05.07.05 UP Chairperson and members, local people Hamidpur Union 27.07.05 UP Chairperson and members Hamidpur Union 21/11/05 Host community representatives (Site 2) Hamidpur Union 03/04/06 Host community representatives (Site 2) Hamdipur Union 06/04/06 Host community representatives (Site 2) Hamidpur Union

NAWABGANJ UPAZILA

Date Individual/Group Consulted Organisation/Place

21.09.04 Chairperson and other elected members Joypur Union Parishad, Nawabganj 21.09.04 UP Chairperson and other elected members Golapganj UP, Nawabganj 09.10.04 UNO and other Upazila Officials UNO Office, Nawabganj 09.10.04 Upazila Agriculture Officer Upazila Agriculture Office, Nawabganj 09.10.04 Upazila Accounts Officer Upazila Accounts Office, Nawabganj 09.10.04 Upazila Statistical Officer Upazila Statistics Office, Nawabganj 09.10.04 Upazila Primary Education Officer Upazila Primary Education Office, Nawabganj 09.10.04 Upazila Women Affairs Officer Women Affairs Office, Nawabganj 09.10.04 Upazila Social Service Officer Social Service Office, Nawabganj 09.10.04 Project Implementation Officer Relief and Rehabilitation Office, Nawabganj 09.10.04 Upazila Rural Development Officer Rural Development Office, Nawabganj 09.10.04 Upazila Engineer Upazila LGED Office, Nawabganj 09.10.04 Veterinary Surgeon Upazila Livestock Office, Nawabganj 11.10.04 Upazila Cooperative Officer Upazila Cooperative Office, Nawabganj

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Date Individual/Group Consulted Organisation/Place

11.10.04 Nazir Upazila Land Office, Nawabganj 11.10.04 Upazila Youth Development Officer Upazila Youth Development Office, Nawabganj 11.10.04 Upazila Fisheries Officer Upazila Fisheries Office, Nawabganj 11.10.04 Branch Manager PBDF, Nawabganj 11.10.04 Sub Registrar Upazila Sub Register Office, Nawabganj 11.10.04 Upazila Project Officer (Education) Upazila Project Office (Education), Nawabganj 11.10.04 Sub Assistant Engineer Upazila Public Health Engineering Office, Nawabganj 11.10.04 Upazila Food Controller Upazila Food Office, Nawabganj 11.10.04 Upazila Rural Development Officer Upazila Rural Development Office, Nawabganj 25.10.04 Upazila Engineer Upazila Engineering Office, Nawabganj 25.10.04 Ansar and VDP Trainer Ansar and VDP Office, Nawabganj 25.10.04 Officer-in-Charge Police Station, Nawabganj 25.10.04 Postmaster Post Office, Nawabganj 25.10.04 Operator Telephone and Telegraph Office, Nawabganj 25.10.04 Sub Registrar Sub Registrar Office, Nawabganj 25.10.04 Lineman REB Complaints Centre, Nawabganj 25.10.04 UNO (in charge of election office)

Typist Upazila Election Office, Nawabganj

25.10.04 Upazila Project Officer (Education) Upazila Project Office (Education), Nawabganj 25.10.04 Upazila Social Service Officer Upazila Social Service Office, Nawabganj 26.10.04 Medical Officer Upazila Health Complex, Nawabganj 26.10.04 Upazila Family Planning Officer Upazila Family Planning Office, Nawabganj 30.11.04 Ward Level consultation meeting Ward No. 8, Joypur Union 09.12.04 Assistant Engineer BMDA, Nawabganj 13.12.04 Ward Level consultation meeting Ward No. 9, Joypur Union 14.12.04 Upazila Agricultural Officer

Assistant Extension Officer Upazila Agriculture Office

29.12.04 Ward Level consultation meeting Ward No. 7, Joypur 30.12.04 Ward Level consultation meeting Ward No. 3, Joypur, Joypur Union Parishad Office 12.01.05 Ward Level consultation meeting Ward No. 2, Joypur Union 13.01.05 Ward Level consultation meeting Ward No. 1, Joypur Union 28.01.05 Ward Level consultation meeting Ward Nos. 7, 8, 9, Raghunathpur 16.03.05 Group Discussion: Farmers (land owners) North Sahabajpur 21.04.05 Sub Assistant Engineer DPHE, Nawabganj 05.05.05 Group Discussion: Women Joypur Union 15.06.05 UP Chairperson and members, local people Joypur Union 20/11/05 Host community representatives (Site 8) Joypur Union 24/11/05 Host community representatives (Site 3) Joypur Union 03/03/06 Host community representatives (Site 3) Joypur Union 07/04/06 Host community representatives (Site 3) Joypur Union

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APPENDIX B

CONSULTATION BY ASIA ENERGY

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APPENDIX B: CONSULTATION BY ASIA ENERGY

Table B.1: Stakeholders Consulted

Date Individual/Group Consulted Organisation/Place

17.01.04 28.07.04 15.03.05

Director Technical (M Reazuddin) Department of Environment (DoE), Dhaka

17.01.04 14.07.04

Director Administration and Development (MA Sobhan) Deputy Director, Rajshahi Division, Bogra (Presently Director: Administration and Development) (MA Malek)

DoE, Dhaka

22.01.04 Assistant Director (M Karim) Directorate of Primary Education, Dhaka 15.02.04 Director Imam Academy, Ashkona, Dhaka 18.02.04 Deputy Director, Dhaka Division, Dhaka (MH Khan);

Director Technical (AKMM Huq); Research Officer (SN Ahsan)

DoE, Dhaka

25.02.04 Senior Program Manager, Project Development (A D’Cruze)

RDRS Bangladesh, Dhaka

15.04.04 Development Manager (S Barua) British American Tobacco, Dhaka 22.04.04 26.08.04 14.03.05

Joint Secretary (Dr M Haque) Ministry of Environment and Forest

27.04.04 Managing Director (NU Khan) Adroit Environmental Consultants Limited, Dhaka 27.04.04 Executive Director (Dr R Khan) Centre for Environmental and Geographic Information

Services (CEGIS), Dhaka 09.06.04 H Kabir Crown Agents, Dhaka 10.06.04 Professor N Ahmed Chemical Engineering Department, Bangladesh

University of Engineering and Technology (BUET) 10.06.04 Professor N Islam Institute of Appropriate Technology, BUET 29.06.04 Assistant Director (S Haidar) DoE, Dhaka 10.07.04 Senior Sociologist (Dr Dilruba) House of Consultants Limited 14.07.04 20.07.05 02.08.05

Director General (KMI Hossain) DoE, Dhaka

Senior Natural Resources Advisor (W Collis) MACH Project, Winrock International, Dhaka Consultants (E Wysokowicz, E Rudzki, J Jeczmionka); Managing Director (MAR Siddique)

Madhyapara Granite Mining Company, Madhyapara, Dinajpur

Managing Director (M Rahman); Manager Geology (Quamruzzaman); Deputy General Manager (MA Matin)

Barapukuria Coal Mining Company Ltd., Barapukuria, Dinajpur

Head, Energy (S Ahmed); Head, Portfolio Management Unit (H Carlsson)

Asian Development Bank (ADB), Dhaka

Senior Structured Finance Specialist, Infrastructure Division, Private Sector Operations Dept (M Elerud)

ADB, Philippines

Senior Environmental Specialist, Environment and Social Development Unit, South Asia Region (P Martin)

WBG, Washington DC, USA

Regional Representative, Bangladesh, Bhutan and Nepal (P Kjellerhaug)

IFC, Dhaka

Program Officer (MH Khan) United Nations Development Program (UNDP), Dhaka Director, Office of Economic Growth, Food and Environment (A Williams)

US Agency for International Development (USAID), Dhaka

19.07.04

Honourable Minister/District Minister in Charge (Mrs KJ Haque)

Ministry of Women and Children Affairs, Dhaka/Dinajpur District

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Date Individual/Group Consulted Organisation/Place

Coordinator (A Tutu) Coastal Development Partnership (CDP), Khulna Principal Scientific Officer, Environment Section (Dr N Islam)

WARPO

Medical Director (Dr C Edwards) LAMB Integrated Rural Health and Development, Parbatipur, Dinajpur

Research Director (Dr M Rahman) Centre for Policy Dialogue (CPD), Dhaka General Secretary (A Barakat) Bangladesh Economic Association, Dhaka Former Minister and MP (MA Sarkar) Phulbari, Dinajpur

29.08.04 27.09.04

Chairman (QI Choudhury) Forum of Environmental Journalists Bangladesh (FEJB), Dhaka

06.12.04 Joint Director, Dept of Hydrography (Md S Alam); Deputy Director, Dept of Hydrography (AKMA Alam); member (SK Das)

Bangladesh Inland Water Transport Authority (BITWA), Dhaka

08.01.05 Executive Director (Dr A Rahman) Bangladesh Centre for Advanced Studies (BCAS) 12.01.05 06.03.05 23.05.05

Member Engineering and Development/Chairman (Acting) (Md RA Sheikh)

Mongla Port Authority (MPA), Mongla, Bagerhat

02.02.05 Joint Managing Director (Shahjahan); Additional Director General (AZMS Rahman)

Bangladesh Railway, Dhaka

06.03.05 Planning Officer (Md K Rahman) Khulna Development Authority (KDA), Khulna 07.03.05 Associate Professor (Dr SM Haque) Urban and Rural Planning Discipline, Khulna

University, Khulna Chairman and Ward Commissioners Phulbari Municipality Chairmen and members UP Chairman (Mr SA Sharker); members Phulbari Interest Protection (Shartho Rokha)

Committee

22.03.05

Local civil society Principal Secretary of the Prime Minister; Director General (Md S Alam); Director (Mr J Al Quaderi)

Prime Minister’s Office (PMO)

Secretaries Energy and Mineral Resources Division of the Ministry or Power, Energy, and Mineral Resources, Ministries of Shipping, Communications, Law, Justice and Parliamentary Affairs, Environment and Forest, Local Government, Rural Development and Cooperatives Division

Chairman National Board of Revenue (NBR) Executive Chairman Board of Investment (BOI) Joint Secretary (Mr Majid) Ministry of Finance

31.03.05

Director BMD 04.04.05 Executive Council member (Md N Islam) BOI 05.04.05 Joint Secretary (TUI Islam) Ministry of Environment and Forest

24-28.04.05

Senior Environmental Specialist (JN Middleton); Senior Specialist, Environment & Social Development (R English)

IFC, Washington DC, USA

25.04.05 Medical Director (Dr C Edwards) LAMB Integrated Rural Health and Development, Parbatipur, Dinajpur

27.04.05 30.06.05

Chairman (SA Sarkar) Phulbari Municipality

09.05.05 Former MP, Senior Leader (Advocate A Rahim) Awami League 09.05.05 09.06.05 28.08.05

Deputy Commissioner (DC) (Mr S Zaman) Dinajpur District

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Date Individual/Group Consulted Organisation/Place

23.05.05 Member Operation (L Rahman) MPA, Mongla, Bagerhat 25.05.05 Managing Director (M. Nazibor Rahman) Rural Management Consultants Ltd(RMC) 29.05.05 UNO Phulbari and his Office UNO, Phulbari 06.06.05 MP, Chairman of Parliamentary Committee: Defence (Lt

Gen M Rahman) Dinajpur District

07.06.05 MP, member of Parliamentary Committees: Youth, Sports and Government Institutions, and Central Committee member of Awami League (Lt Col MF Khan)

Dhaka

09.06.05 District level leader (Mr Khalequzzaman) Bangladesh Nationalist Party (BNP) 13.06.05 Minister Ministry of Communications 23.06.05 Executive Director (Kamal) RDRS Bangladesh, Dhaka 23.06.05 Former President’s Advisor, Minister and MP (Mr MA

Sarker) Dhaka

27.06.05 Ward Commissioners (Mr A Bashar, Mr Dulal, Mr M Islam, Mr A Raham)

Phulbari Municipality

28.06.05 Principal/President (Mr KA Moti) Mohila College/Upazila BNP, Phulbari 09.07.05 MP (Mr A Rahman) 12.07.05 MP (Mr A Rahman) Birampur, Nawabganj and Hakimpur constituencies;

Jamat-i-Islami Party 13.07.05 Deputy Executive Director (Dr S Ahmed) BRAC, Dhaka 19.07.05 Secretary Energy and Mineral Resources Division 19.07.05 Secretary Ministry of Local Government, Rural Development and

Cooperatives 20.07.05 Director Programs (R Hasan); Senior Staff lawyer (IK

Liton) Bangladesh Environmental Lawyers Association (BELA), Dhaka

28.07.05 Director (S Hossain) Bureau of Mineral Development (BMD) 28.07.05 Ex MP, businessman (Mr AZMR Haque) Parbatipur, Dinajpur 02.08.05 Communication Secretary and Advisor Energy and Mineral Resources Division 09.08.05 Chairperson Bangladesh Petroleum Corporation (BPC) 09.08.05 UP Chairmen (A Hussain, A Hussain, A Kaleque, M

Choudhury, MH Raju, M Hussain, M Rahman) Hamidpur UP, Kazihal UP, Betdighi UP, Khoyerbari UP, Shibnagar UP, Aladipur UP, Daulatpur UP

10.08.05 Presentation Delta Centre, Dhaka University Operations Advisor (D Hughart); Senior Social Scientist, South Asia Environment and Social Development (N Ahmed)

WBG, Dhaka 10.08.05

Senior Technical Advisor (S Lintner); Regional Safeguards Adviser (F Brusberg)

WBG, Washington DC, USA

11.08.05 Executive Chairman and the team IFC, Washington DC, USA 25.08.05 Community members Lalpur and Gouripara villages 28.08.05 Ward Commissioner of Phulbari Municipality (Mr A

Rahman) UNO, Phulbari

29.08.05 Chairman (Md A Taher) MPA, Mongla, Bagerhat 30.08.05 Managing Director Power Grid Company Bangladesh (PGCB) 30.08.05 Research Fellow (Abul Hossain), Director (Syed

Ziauddin Ahmed) Power and Participation Research Centre (PPRC)

31.08.05 Community members Lalpur, Sahabajpur, Tetuldanga, Lakshmipur and Kurshakhali villages

General Secretary (Dr A Barkat) Bangladesh Economic Association 01.09.05 Director (Dr A Poddar) HDRC

01.09.05 Mission Director (GV George); Development Program Specialist (AKDSM Khan); Senior Energy Specialist & Country Representative (ASM Huq); Senior Energy

USAID

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Date Individual/Group Consulted Organisation/Place Advisor (B McMullen)

05.09.05 14.09.05

MP (Mr M Rahman) Phulbari, Parbatipur constituencies; Awami League Party

05.09.05 Secretary Ministry of Shipping Director, Environment & Social Development Dept (R Kyte)

IFC, Washington DC, USA

Director, South Asia (I Malas) IFC, New Delhi, India Additional Secretary (EUI Fattah) Energy and Mineral Resources Division, Ministry of

Power, Energy and Mineral Resources Deputy Executive Director (ME Rahman); Executive Director (KR Alam)

Dhaka Ahsani Mission, Dhaka

Project Director (Chief Engineer) (A Ahmed); Superintending Engineer (Md F Haque)

Barapukuria Coal Mining Company Ltd., Barapukuria, Dinajpur

10-12.09.05

Deputy Director (S Akhter) Air Quality Management Project (AQMP), DoE 14.09.05 Honourable Minister/District Minister in Charge (Mrs KJ

Haque) Ministry of Women and Children Affairs, Dhaka/Dinajpur District

19.09.05 Project Manager (Q Munir); Research Officer (KD Hossain)

Institution and Policy Support Unit (IPSU), Ministry of Environment and Forest

19.09.05 Executive Director (EU Ahmed) IWM, Dhaka 23.09.05 Community members Dakshin Sahabajpur (Hindupara) village 24.09.05 Presentation of EIA to DoE officials and DGM; ESD

Division of Petrobangla; Executive Engineer, Public Works Dept

DoE

28.09.05 UNO (Mr S Rahman) UNO, Birampur Upazila Table B.2: Project Presentation/Discussion, DC Office, Dinajpur: 7th September 2005

Name Designation Organisation

Surut Zaman Deputy Commissioner (DC) DC Office, Dinajpur Sabrina Monir Chithi; Israt Jahan Panna; Hosna Afroza; Sanjib Kumar Devnath; Hemanto Henry Kuti; Md Shamim Hossain

Assistant Commissioner DC Office, Dinajpur

Md Morad Hossain Chief Executive Officer Upazila Parishad Parimal Kumar Dev Secretary Upazila Parishad Md Abdur Rahman Executive Engineer Roads and Highways Development Arun Kumar Singh Executive Engineer Dept of Educational Engineering Md Mosaddek Hussain Senior Vice President Dinajpur Chamber of Commerce Eng Md Shahjahan Talukder General Manager Palli Biddut Samity-2, Dinajpur Eng Md Emdadul Haque DGM Palli Biddut Samity-1, Dinajpur Md Zillur Rahman Assistant Director Islamic Foundation, Dinajpur Golam Kibria Assistant Director Dept of Drugs & Narcotics Control Md Abul Kasem Assistant Director District Employment & Manpower Office, Dinajpur Aleya Begum Assistant Director Department of Social Welfare Md Aktaruzzaman Assistant Director Agricultural Extension Division Md Lutfar Rahman Assistant Director BRDB Md Nurul Islam Assistant Librarian District Public Library, Dinajpur Md Saiful Alam Officer District Child Affairs, Bangladesh Child Academy,

Dinajpur Md Abdul Mannan Mia DGM BISIC, Dinajpur

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Name Designation Organisation

Md Nazrul Islam Assistant Director Youth Development Division, Dinajpur Md Ansar Ali District Marketing Officer Dinajpur Md Abdus Sattar District Fisheries Officer Dinajpur Md Kawser Ahmad District Food Controller Dinajpur Md Ameer Azam District Cooperative Officer Cooperative Division, Dinajpur Md Asad-uz-Zaman Divisional Forest Officer Forest Division AKM.Nuruzzaman Khan Veterinary Officer Veterinary Office, Dinajpur Dr SM Abul Kalam Civil Surgeon Dinajpur Md Fazle Alam DEO Dinajpur Md Belal Hossain Joint Director BADC, Dinajpur Zaidur Rahman Executive Engineer BADC, Dinajpur Md Shamsher Ali EXEN BMDA Md Akbar Ali District Adjutant Ansar & VDP, Dinajpur Md Abu Bakar Siddik ASO Regional Statistics Office, Dinajpur A.Z.M. Menhazul Haque Chairman Parbatipur Paurashava Md Safiqul Haque Sutu Chairman Dinajpur Paurashava Ranjit Kumar Das UNO Ghoraghat Upazila ASM Moinur UNO Chiribandar Upazila Md Aiub Hossain UNO Dinajpur Upazila Md Saidur Alam UNO Birampur Upazila Md Shahjahan UNO Bochagunjo Upazila Ali Reza Mojid UNO Hakimpur Upazila Md Ataur Rahman UNO Phulbari Upazila Sarwar Mahmood UNO Birol Upazila Ranjit Chandra Sarkar UNO Khanshama Upazila Md Abdul Mannan UNO Birganj Upazila Subroto Pal Chowdhury UNO Nawabganj Upazila ABM Sarif Uddin UNO Parbatipur Upazila Md Abu Jobair Hossain UNO Kaharol SM Eahsan Kabir ADC (G) Dinajpur Kabir Mahmud; Md Johor Ali; Shah Abdus Sadi

Magistrate DC Office

Fahmida Begum Zonal Officer Ononna Sangstha Table B.3: National Press Agents/Organisations Consulted

Name and Designation Agency/Organisation

Zaglul A. Chowdhury, Foreign Editor and Columnist; Anisur Rahman, Senior Reporter; Bakhtiar Rana, News Editor

Bangladesh Sangbad Sangstha (BSS) 68/2, Purana Paltan, Dhaka-1000

Syed Ahmeduzzaman, Financial Express Zaman & Zaman Properties Zaman Mansion, 116 Naya Paltan 2nd Floor, Motijheel, Dhaka-1000

Sabuj Younus, Senior Reporter; Hanif Mahmud, Senior Reporter

The Daily Samakal 136, Tajgaon I/A, Dhaka-1208

Ruhul Amin Rushd, Senior Staff Correspondent Chanel I, Impress Telefilm Limited 62/A, Siddeswari Road, Dhaka-1217

Fahmida Wadud Chaity, Programme Producer ATN Bangla Wasa Bhaban, 1st Floor, 98 Kazi Nazrul Islam Avenue, Karwan

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Name and Designation Agency/Organisation Bazar, Dhaka-1215

Mostafa Feroz, Special Correspondent, News & Current Affairs; Hasan Hafizur Rahman (Polok), ENG Cameraman, News & Current Affairs

N TV, International Television Channel Ltd. BSEC Bhaban, 6th Floor, 102 Kazi Nazrul Islam Avenue, Karwan Bazar, Dhaka- 1215

Serajul Islam Quadir, Economic Editor; Mahbuba Chowdhury, Editor

Daily Manabzamin 21, Kazi Nazrul Islam Avenue, Dhaka-1000

Badiul Alam, City Editor The News Today 710, Bara Maghbazar, Dhaka-1217

Govinda Shil, Senior Reporter The Financial Express Tropicana Tower, 4th Floor, 45 Topkhana Road, Dhaka-1000

Amarcand Gupta (Apu), Reporter The Daily Ittefaq 1, Ram Krisna Mission Road, Dhaka-1203

Sadrul Hasan, Senior Reporter United News of Bangladesh Ltd. 69/1, New Circular Road, Malibagh, Dhaka-1217

Matiur Rahman, Editor; Arun Karmaker, Special Correspondent; Khaled Muhiuddin, Senior Reporter

The Daily Prothom Alo CA Bhaban, 100 Kazi Nazrul Islam Avenue, ,Karwan Bazar, Dhaka-1215

Sharier Khan, City Editor; Mustak Hossain, Staff Reporter

The Daily Star 19 Karwan Bazaar, Dhaka-1215

Matur Rahman Chowdhury, Editor in Chief The Daily Manabzamin 21 Kazi Nazrul Islam Avenue, Daka-1000

Helen Rowe, Bureau Chief Agence France-Presse (AFP) BSB Building, 5/Flr, 8 Rajuk Avenue, Dhaka-1000

Moazzem Hossain, Editor; M Azizur Rahman, Staff Reporter; Raihan M Chowdhury, Senior Reporter

The Financial Express Tropicana Tower, 4th Floor, 45 Topkhana Road, Dhaka-1000

Mahbubul Alam, Editor & Publisher; Shanaj Begum, Senior Staff Reporter

The Independent 32, Kazi Nazrul Islam Avenue, Karwan Bazar, Dhaka-1215

Rafiqul Bashar, Staff Reporter The Daily Amar Desh BSEC Bhaban, Floor-1, 102 Kazi Nazrul Islam Avenue, Karwan Bazar, Dhaka-1215

Shahed Siddiquee, Senior Reporter The Daily Jugantor 12/7 North Kamalapur, Dhaka-1217

Nazmul Imam, Saff Reporter The Daily Naya Diganta 167/2-E Inner Circular Road (Eden Complex), Motijheel, Dhaka-1000

Kashem Humayun, Managing Editor; Hasibur Rahman Bilu, Senior Reporter

The Daily Sangad 36, Purana Paltan, Dhaka-1000

A. M. M. Bahauddin, Editor; Zakaria Kajal, Special Correspondent

The Daily Inqilab Inqilab Bhaban, 2/1 RK Mission Road, Dhaka-1203

Roland Buerk, Bangladesh Correspondent British Broadcasting Corporation (BBC), Dhaka Bureau Noor Tower, 14h floor, 73 Sonargaon Road, Dhaka

Anis Ahmed, Bureau Chief Bangladesh; Serajul Islam Quadir, Reporter; Nazim Uddin Ahmed, Correspondent

Reuters, Reuters Limited Dhaka Sheraton Hotel, Dhaka-1000

Zahid Newas Khan, Chief Correspondent; Mubashar Hasan, Staff Correspondent; Kamrul Hasan, DU Correspondent

BDNews, Bangladesh News 24 Hours 6th Floor Jahangir Tower, 10 Kazi Nazrul Islam Avenue, Karwan Bazar, Dhaka-1215

Aly Zaker, Managing Director & Chief Executive Officer Asiatic Marketing Communications Limited, Asiatic Centre House# 63, Road# 7/B, Block-H, Banani, Dhaka-1213

Syed Shamim Ahsan, President Executive Board BCCP

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Name and Designation Agency/Organisation Bangladesh Centre For Communication Programs, House no 3A, Road No. 74, Gulshan-2, Dhaka-1212

Ashraful Islam, Economic Reporter ABAS Anandapatra Bangla Sangbad Ltd., 8/4-A Segunbagicha, 4th Floor, Dhaka-1000

Enayetullah Khan, Editor-in Chief & Chief Executive; David W. Renz, First Secretary, Chief Economic & Commercial Officer

United News of Bangladesh & Dhaka Courier Cosmos Centre, 69/1 New Circular Road, Malibagh, Dhaka-1217

Mollah Amzad Hossan, Editor Energy & Power Room-509, Eastern Trade Centre, 56 Inner circular Road (VIP Road) Dhaka-1000

Anirban Ganguly, Group Account Director Bitopi Advertising Ltd. 822/3 Begum Rokeya Sharani, Mirpur, Dhaka-1216

Geeteara Safiya Choudhury, Managing Director ADCOMM Limited House 7A, Road 41, Gulshan-2, Daka-12

Table B.4: Local Media Consulted (Phulbari): 19th June 2005

Name and Designation Agency/Organisation

Mr C Ghosh), President/correspondent Dinajpur Press Club/Dainik Shangbad Md M Haque, Senior Staff Reporter/ District representative Daily Inqilab/Bangladesh TV (BTV), Dinajpur Mr SR Shilu, correspondent Daily Janakantha, Dinajpur Mr K Karmaker, District correspondent Daily Star, Greater Dinajpur Mr A Kashem, District correspondent Dainik Khaber, Dinajpur Mr A Sharker, correspondent Dainik Prothom Alo, Dinajpur Mr SA Shahi, District correspondent/ representative Manob Jamin/Channel i Mr GN Dulal, District correspondent/ Secretary Daily Observer/Dinajpur Press Club Mr Morshed, correspondent Dainik Shamokal, Dinajpur S Ahmed, editor Dainik Antor Kantho, Dinajpur

Table B.5: Local Media Consulted (Phulbari): 29th June 2005

Name and designation Agency/organisation

Md Afzal Hossain, President/District correspondent Daily Dinkal/The Daily Janata Moksedur Rahman Mukul Daily Inclub Abdul Hafiz Daily Bangla Bazar, UNB Biplab Sarker Khabar Pattro Rezaul Karim Bablu Daily Janata, The Daily Aj-O- Agamikal Matiur Rahman Daily Khabar Anwar Sazzat Daily Alamin Sri Kailas Proshad Vorer Dak, Pattro Alap Limon Daily Sangram Wahidul Islam Dikens Daily Samocal Abdur Razzak Daily Samachar Rubel Daily Desh Janata

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Table B.6: Local Media Consulted (Phulbari): 11th July 2005

Name and designation Agency/organisation

Maidul Islam Maju Weekly Digonto Barta, Dinajpur Anwarul Islam Babu, representative Sangbad Amor Chand Gupta Apu, correspondent Daily Ittefaq Sheik Sabir Ali, representative Daily Korotoa Sadequl Islam Sadeq, correspondent Prothom Alo Poresh Kumar Gupta, representative Ajker Kagos Azizul Haque Sarker, representative Manob Jomin Hasanuzzaman Lavlu, representative Daily Jugantor Table B.7: National Media Workshop Participants (Dhaka): 6th September 2005

Name Agency/organisation Ashraful Islam News Agency ABAS Ruhul Amin Rashid; Ferdous Abby Channel i Shanaj Begam The Independent Arun Karmokar; Khaled Mohiuddin Prothom Alo Nurul Hasan Khan Dinkal Rahmat Ullah Sangbad Sagor Sarowar; Akram Hossian Khan Ittefaq Mehrun Runi ATN Bangla Govinda Shil; M Azizur Rahman The FE Hamid Sarker Naya Diganta Shariful Islam Photo Journalist/Naya Diganta Md Moniruzzaman BTV Reaz Masrafi Writer Md Aminul Islam New Age Sabuj Younus Samokal Bakhtiar Rana BSS Parimol Palma Daily Star Rafiqul Bashar Daily Amar Desh Serajul Islam Quadir Manabzaman Mubashar Hasan; Firoz Ahmed BD News Mujtoba Khondoker Channel S Md Kamruzzman Cameraman/Channel S Mostafa Feroz; Md Jalal Uddin NTV Deepak Acharya Deshbangla Sadrul Hasan UNB Mollah Amzad Hossian FERB Table B.8: Local Media Consulted (Bogra): 23rd September 2005

Name and designation Agency/organisation

Mohon Akond, Bureau Chief, Bogra Daily Samakal Sheikh Mizanur Rahman Daily Uttranchal Shamim Ibrahim Uchhas Daily Aj-O-Akamikal Md Sultanur Raham Daily Korotoa Md Nazmul Huda Nasim, Bureau Chief (in Charge) Daily Jugantor Hasibur Rahman Bilu, Senior reporter/ Bogra correspondent Sangbad/The Daily Star

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APPENDIX C

INFORMATION DISSEMINATED

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APPENDIX C: INFORMATION DISSEMINATED

PHULBARI COAL PROJECT

ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT

INFORMATION SHEET NO. 1 8 AUGUST 2004 (reviewed 10 April 2005)

Asia Energy Corporation (Bangladesh) Pty Ltd has Government approval to explore the coalfields located in the Phulbari area of Dinajpur District and has been instructed by the Government to carry out a mining Feasibility Study. This Feasibility Study will take place over the next two years and will especially investigate the following aspects:

• the technical and economic viability of establishing a coal mine in the area; • the potential impacts of coal mining operations on the physical environment; • the potential impacts on the people living in the Phulbari area and surrounding villages; • the social and economic benefits that coal mining will have for people living in the area, such

as employment and improved services, as well as for the country as a whole.

The purpose of the studies will be to help determine whether and how to go ahead with mine development. It is therefore important to note that at present no decision has been made on the establishment or the location of the mine. Towards the end of 2005, a comprehensive Feasibility Study Report is expected to be submitted to the Government of Bangladesh for review and endorsement. Mining development will only proceed if the proposed Project is approved by the Government of Bangladesh.

The possibility of building a power station in the area (using coal from the mine) is also being considered.

Environmental and Social Impact Study

SMEC has been engaged by Asia Energy to undertake an Environmental and Social Impact Assessment (EIA/SIA) over the next one year to determine the environmental and social feasibility of the proposed mining development.

The EIA will assess the potential impacts of the proposed interventions and the carrying capacity of the receiving environment. The SIA will assess the socioeconomic benefits of the proposed Project; for example, employment opportunities for local job seekers, improved infrastructure and community services (e.g. roads and water supply), and opportunities for the establishment of businesses. The study will also examine possible land acquisition and resettlement issues.

Consultation Process

The EIA/SIA investigation will require regular interaction and consultation with the people who may be affected by the proposed mining operation. Over the next 12 months there will be ongoing meetings and discussions with:

• communities and villagers; • community leaders and elected representatives; • community and non-governmental organisations; and • District and Sub-District Government officials.

Meetings will also regularly be held with National Government officials and other interested parties.

The purpose of these consultations will be to:

• assist the research team to gain a full understanding of the possible social effects of the proposed mining operation;

• allow community members, representatives and leaders the opportunity to express their opinions, concerns and suggestions about the proposed mining operation, and to participate in the identification of measures to mitigate potential adverse social impacts.

The consultation process is vital to the social investigations and Asia Energy would like to thank all participants in advance for their cooperation in this important study.

For further information one may contact SMEC EIA/SIA Project office at House-151, Lane-01, DOHS Baridhara, Dhaka. Tel: 9896917, 8823571, 8824263.

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PHULBARI COAL PROJECT

INFORMATION SHEET NO. 2: RESETTLEMENT PLANNING ACTIVITIES MARCH 2005

Background

Asia Energy Corporation (Bangladesh) Pty Ltd has Government approval to explore the coal deposits in the Phulbari area of Dinajpur District. Asia Energy is currently carrying out a two-year Feasibility Study to assess the viability of establishing a coal mine in the area. This includes identifying the potential environmental and social impacts of coal mining operations, as well as the social and economic benefits that coal mining will have for people living in the area (such as employment and improved services) and for the country as a whole.

The purpose of the studies is to assess whether and how to proceed with mine development. It is important to note that at present no decision has been made on whether the mine will even proceed. Towards the end of 2005, a comprehensive Feasibility Study Report is expected to be submitted to the Government of Bangladesh for review and endorsement. Mining development will only proceed if the proposed Project is approved by the Government of Bangladesh (GoB).

Current Surveys and Activities

As part of the Feasibility Study, a number of surveys and investigations have been planned and are currently being undertaken within the Phulbari area. They have been designed to assist in the assessment of any potential socio-economic impacts associated with the mine and to support future planning activities if the Project goes ahead. These surveys include the following.

Survey Timing Demographic and Socioeconomic Survey: survey of all the households located in the study area.

April 2004 – Dec 2005

Village/group consultations: consultation with community representatives and specific groups in the study area to obtain views on Project related impacts.

November 2004 – June 2005

Town Planning Survey: survey focused in Phulbari town to obtain information on existing structure types and conditions; public utilities; and access to facilities.

Jan 2005 – April 2005

Resettlement Survey: survey to identify, record and document all potentially affected persons, businesses and land within the study area.

Feb 2005 – ongoing

Resettlement Process

A resettlement survey has recently been initiated in the Phulbari area by SMEC (in association with BCAS) on behalf of Asia Energy, to support the development of a Resettlement Action Plan (RAP). The purpose of the RAP is to describe relocation options for potentially project affected people. It is important to reinforce that at this stage the Project has not yet been approved and areas that may require resettlement are not yet finalised. The purpose of the resettlement survey is simply to gather information on resettlement and associated livelihood and compensation preferences of households and businesses if development were to go ahead. Specifically, the survey has been designed to:

• record physical assets other than land; • obtain the resettlement and compensation preferences of potentially affected households and

business operators; • identify additional measures that could support displaced households and business operators if

Project development, and subsequently land acquisition, were to go ahead.

Further Information

The consultation process, including the associated surveys, is vital to the social investigations and Asia Energy would like to thank all participants in advance for their cooperation in this important study.

For further information one may contact SMEC EIA/SIA Project office at House-151, Lane-01, DOHS Baridhara, Dhaka. Tel: 9896917, 8823571, 8824263.

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PHULBARI COAL PROJECT

INFORMATION SHEET NO. 3: RESETTLEMENT AND ENTITLEMENTS MARCH 2005

Background Asia Energy Corporation (Bangladesh) Pty Ltd has Government approval to explore the coal deposits in the Phulbari area of Dinajpur District. Asia Energy is currently carrying out a Feasibility Study to assess the viability of establishing an open-cut coal mine in the area. This includes identifying the potential social impacts of coal mining operations, as well as mitigation measures to address negative or adverse social impacts. At present no decision has been made on whether the mine will proceed. At the end of 2005 a Mining Scheme Proposal will be submitted to the Government of Bangladesh for review and endorsement. Mining development will only proceed if the Government approves the Project. If approved, the Project will commence in the latter half of 2006 and operate for approximately 30 years.

Potential Social Impacts and Losses Since the design of the proposed mining operation is still being finalised, it is not possible at this stage to confirm the exact areas where land acquisition and resettlement of households and businesses might occur. The anticipated social impacts and losses described below will be updated when the mine design is finalised and will only proceed if the Project is approved. These will then be communicated to affected persons, community representatives, government officials and other interested parties. • It is currently estimated that approximately 10,000 hectare of land will be required for mining operations. Land will be

required for the actual mining area, for mine infrastructure and services (e.g. haulage roads, offices, workshops and dump areas), for the realignment of a portion of the railway line and the highway, and for resettlement sites for people who are displaced by Project activities. This land is located in the following Upazilas: Birampur, Nawabganj, Parbatipur and Phulbari. It is mainly used for agricultural and residential purposes.

• It is expected that a part of the town of Phulbari will have to be relocated. A number of villages in the mine area will also require relocation. These villages are located in the Phulbari municipal area and in the following Unions: Hamidpur, Joypur, Khanpur, Khayerbari and Shibnagar. The Unions of Golapganj, Aladipur and Daulatpur are likely to be only marginally affected by mining activities. An estimated 10,000 households and businesses may eventually be affected by the loss of residential and/or commercial structures and other immovable assets such as trees.

• Many common property assets such as educational and health institutions, mosques, temples, churches, graveyards, bazaars/markets and other public buildings are likely to be affected and require relocation.

If the Project is approved, the land needed for mining operations will be acquired in phases over a period of approximately 10 years. The relocation of households, businesses and community properties will therefore also occur in a phased manner – some will be relocated at the start of the mining operation, while others will only be moved a number of years later. Land that has been acquired but that is not immediately needed for mining purposes, as well as land that has been rehabilitated after coal extraction, will be leased for agricultural use, with preference in leasing given to persons whose land has been acquired.

Resettlement and Compensation Framework The Acquisition and Requisition of Immovable Property (Amendment) Act of 1994 governs the acquisition of land and fixed assets for development projects. The compensation under the law paid by the Deputy Commissioner (DC) does not generally amount to the market or replacement value of the property acquired. Furthermore, persons without title to the land or property are not covered by the Act. Also, no resettlement and income restoration assistance is available under the law. AEN is committed to follow international “best practices” adopted by agencies such as the World Bank and the Asian Development Bank. Following on local examples such as the Jamuna Bridge resettlement programme, a specific resettlement and compensation policy will be prepared for the Project to supplement the compensation paid under the law so that affected people are fairly compensated. The recommended compensation principles are summarised in the attached Entitlement Matrix. Furthermore, if the Project is approved: • a full inventory of affected households and businesses will be compiled in conjunction with community representatives

and relevant government departments. This exercise will be repeated throughout the life of the Project, depending on land acquisition and Project needs by phases;

• Phulbari Town will be extended and all offices and businesses of the affected portion of the town will be relocated to the new area before any mining activity commences in the current town area;

• Project-developed resettlement sites will be established for affected villages, with amenities such as water supply, sanitation, educational and health facilities and mosques. Amenities in “host villages” will also be upgraded where necessary and feasible;

• all possible assistance will be provided to affected persons to maintain/restore their livelihoods, including preferential access to mine-related jobs and training for alternative income generating activities.

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PROVISIONAL ENTITLEMENT SCHEDULE

TYPE OF LOSS ENTITLED PERSON / ENTITY

RECOMMENDED ENTITLEMENTS AND SUPPORT MEASURES

1. STRUCTURES Loss of private (residential and business) structures and accommodation.

Property owner.

• Choice between provision of replacement structures or cash compensation at replacement or market value (whichever is highest at the time). Provision of replacement structures only available to households and business operators who wish to relocate to a Project-developed resettlement site. In the case of cash compensation, compensation to be paid prior to acquisition of structures.

• Owner allowed to salvage any materials from the acquired structure(s) without any deduction from the compensation entitlement.

• Displaced households and business owners will qualify for a once-off displacement allowance.

• Evacuation assistance will be provided, either in the form of a cash evacuation allowance or assistance with evacuation to Project-developed resettlement site.

• All transfer costs/taxes/stamp duties to be paid by the Project. Tenant. • For tenant who has erected own structures: cash compensation

at replacement or market value (whichever is highest at the time). Compensation to be paid prior to acquisition.

• For tenant who has erected own structures: owner allowed to salvage any materials from the acquired structure(s) without any deduction from the compensation entitlement.

• For tenants in rented accommodation: payment of a one-time rental stipend.

• Evacuation assistance in the form of a cash evacuation allowance.

Informal trader on public land.

• Cash compensation for structures, at replacement or market value (whichever is highest at the time). Compensation to be paid prior to acquisition of structures.

• Evacuation assistance in the form of a cash evacuation allowance.

• Payment of a once-off business displacement allowance. Loss of community structures. Community group. • Replacement at a site identified in conjunction with affected the

community and relevant authorities. Loss of public / government structures.

Government. • Replacement at a site identified in conjunction with the relevant authorities.

2. LAND Legal occupant of the land.

• Replacement homestead site at Project-developed resettlement site, or cash compensation at replacement or market value (whichever is highest at the time). Where cash compensation is selected, compensation to be paid prior to acquisition.

• All transfer costs/taxes/stamp duties to be paid by the Project. Occupants with no legal title (e.g. household occupying government forest land).

• Replacement homestead site at Project-developed resettlement site, or cash compensation at replacement or market value (whichever is highest at the time) for loss of homestead site.

• Where cash compensation is selected, compensation to be paid prior to acquisition.

• This entitlement will only be available to occupants who, although they have no formal legal rights to the land, have a claim to the land that will meet the legal requirements of the Project’s Resettlement Plan.

Loss of homestead land.

Tenant.

• Payment of a one-time rental stipend as defined in Section 1 above.

Loss of agricultural land (including ponds, dighis, etc.)

Owner of plot. • Cash compensation at replacement value or market value (whichever is highest at the time) for full or partial loss. Compensation paid prior to acquisition of land.

• Assistance to farmers to develop new crops and to intensify production.

Temporary loss of private land.

Owner of plot. • Compensation for crop losses for the duration of temporary occupation.

• Compensation for other disturbances and damages caused to

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TYPE OF LOSS ENTITLED PERSON / ENTITY

RECOMMENDED ENTITLEMENTS AND SUPPORT MEASURES

property. • A temporary occupation contract will be signed with the affected

landowner, specifying amongst others, the period of occupancy, frequency of compensation payments and land protection and rehabilitation measures.

Loss of community land. Community group. • Cash compensation at replacement value or market value (whichever is highest at the time) for full or partial loss.

• Assistance to community groups to re-establish areas used for specific purposes (e.g. graveyards) at Project-developed relocation sites.

• Assistance to community groups with improvement of remaining communal areas.

Loss of public / government land.

Government. • Cash compensation at replacement value or market value (whichever is highest at the time) for full or partial loss.

3. CROPS AND TREES Loss of perennial crops / trees. Person farming the

land, whether owner or share cropper.

• Compensation for loss of perennial crops and trees, based on type and lost production. Paid prior to acquisition.

• Assistance to farmers to develop new crops and to intensify production.

Loss of annual crops. Person farming the land, whether owner or share cropper.

• Advance notice to harvest standing annual crops. Compensation paid prior to acquisition.

• Assistance to farmers to develop new crops and to intensify production.

4. GRAVES Graves and graveyards. Affected family /

community. • Graves and graveyards will be treated according to the wishes

and preferences of the affected families. 5. OTHER MEASURES Loss of income and livelihood. Loss of

income/subsistence from loss of share-cropping the land of others, lost rent, wage earnings, access to work opportunities, forest products, etc.

• A one-time grant for lost income. • Additional assistance to re-establish livelihoods (e.g. training in

new skills and alternative income-generating activities). • Valid for persons of working age affected due to employer being

displaced (assessed on case by case basis).

Other adversely affected parties.

Persons adversely affected by the Project, other than those identified above.

• Compensation/entitlements to be determined on a case by case basis.

Adverse impacts on host populations due to resettlement.

Host populations at resettlement sites.

• Individual losses treated as above.

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PHULBARI COAL PROJECT

INFORMATION SHEET NO. 4: OPEN CUT MINING MARCH 2005

Background

Asia Energy Corporation (Bangladesh) Pty Ltd has Government approval to explore the coal deposits in the Phulbari area of Dinajpur District. Asia Energy is currently carrying out a Feasibility Study over two years to assess the viability of establishing a coal mine in the area. This includes identifying the potential environmental and social impacts of coal mining operations, as well as the social and economic benefits that coal mining will have for people living in the area (such as employment and improved services) and for the country as a whole.

The purpose of the studies is to assess whether and how to proceed with mine development. It is important to note that at present no decision has been made on whether the mine will even proceed. Towards the end of 2005, a comprehensive Feasibility Study Report is expected to be submitted to the Government of Bangladesh for review and endorsement. Mining development will only proceed if the proposed Project is approved by the Government of Bangladesh (GoB).

What is Open Cut Mining?

Coal can be mined by two main methods. One involves digging an access vertical hole into the ground to the depth of coal and developing an underground system of tunnels to reach and cut the coal seam. The coal is transported to the surface via trolleys or conveyor belts (the “underground method”). Alternatively, the topsoil and overburden (material overlying the coal) can be removed in a large diameter, open pit and the underlying coal exposed and cut out (the “open-cut method”). The open cut mining method for removing coal from the earth is in common practice in many parts of the world, particularly when the is coal located close to the surface.

A range of technologies are available for open cut coal extraction, treatment and handling. Large machinery such as bulldozers, excavators and front-end loaders are used to remove overburden and coal from the open cut pit and stockpile the topsoil, coal and rock waste at the surface. Some rock is soft and easy to remove, whilst deeper hard rock may require drilling and blasting.

Overburden and topsoil are available to be used to refill part of the hole after coal has been removed. This land will be rehabilitated. At the end of mining the final pit hole will infill with groundwater to create a large artificial lake that can be used for recreational activities. Disturbed areas outside the pit will also be rehabilitated at the end of mining.

Why Open Cut Mining?

If the proposed Project were to use underground mining (similar to the Barapukuria Coal Mine), only a small percent of the coal could be extracted, therefore wasting the resource and reducing the potential benefits to Bangladesh.

Open cut coal mining has been selected for this potential Project over the underground mining method for a number of reasons:

• it allows for the removal of most of the high quality coal resource and its co-products;

• resource extraction is optimised, therefore maximising mine life, socio-economic returns, employment opportunities and financial return to the Bangladesh economy;

• the risk of injury to operators and the workforce is reduced; and • groundwater inflow can be controlled through the construction of large diameter dewatering bores

around the edge of the pit.

Further Information

Further information on the above subject or other aspects of the proposed Project and associated studies, one may contact SMEC EIA/SIA Project office at House-151, Lane-01, DOHS Baridhara, Dhaka. Tel: 9896917, 8823571, 8824263.

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PHULBARI COAL PROJECT

INFORMATION SHEET NO. 5a: RESETTLEMENT OPTIONS (Joypur Union) JUNE 2005

Background Asia Energy Corporation (Bangladesh) Pty Ltd has approval from the Government of Bangladesh to explore the coal deposits in the Phulbari area of Dinajpur District, and is currently undertaking a Feasibility Study to assess the viability of establishing a coal mine in the area. The purpose of the Feasibility Study is to assess whether and how to proceed with mine development. A Resettlement Plan is being prepared as part of the Feasibility Study. This is a very important document because it will show Asia Energy’s commitment to ensure that affected households are appropriately resettled and fairly compensated and are given opportunities for sustained improvement of their livelihoods. The Resettlement Plan will cover aspects such as resettlement options, types of compensation, mechanisms for paying compensation, restoration of household livelihoods and safeguards for indigenous people, women and disadvantaged groups. It is important to note that at present no decision has been made on whether the mine will proceed. Towards the end of 2005, a Feasibility Study Report, along with a Scheme for mine development, is expected to be submitted to the Government of Bangladesh for review and endorsement. Mining development will only proceed if the proposed Project is approved by the Government.

Resettlement Phases If the Project is approved, all the land needed for the mine would be acquired and compensated for in one process. It is proposed that resettlement of households and businesses would be carried out in four phases over a period of about 10 years. This phasing would be undertaken according to the development stages of the mine. Villages in Joypur Union that may require relocation are shown below. Please note that this list is tentative as the proposed mine plan is still being finalised:

Villages in Joypur Union that may have to be relocated (tentative list) Phase Villages Mouzas Phase 1 Joypur Joypur (2007-2008) Shalgharia Shalgharia & Joypur Uttar Sahabajpur; Danga Uttar Sahabajpur A portion of Manjupara village Manjupara Chilapara Shalgharia & Manjupara; Daldalia (Hamidpur Union) Daldalia Dangapara Shalgharia & Daldalia (Hamidpur Union) Phase 2 (2009-2012)

Amerdanga; Buri Kathal/Buriara; Chanderdanga; Katalmari; Telirdanga

Uttar Sahabajpur

Dimlaipara Joypur Tepukuria Joypur & Uttar Sahabajpur Khiar Mirzapur Khiar Mirzapur Jhorarpar Khiar Mirzapur & Uttar Sahabajpur Phase 3 Pulbanda Joypur & Bamangar (Golapganj Union) (2013-2015) Ghonapara Khiar Mirzapur & Dakshin Sahabajpur (Khanpur Union) Amurdanga; Baravita; Shahgramdanga Uttar Sahabajpur In addition, there are other villages that are outside the mine area but where some or all the households may have to be relocated because of possible noise disturbance from the mine. A basic principle will be to give households that are located close to mining operations the option of being relocated away from the noise disturbance. Some or all the households in the following villages in Joypur Union may be given the option of being relocated. Again, please note that the list is tentative: • Fakirpara (Chamunda and Joypur mouzas); • Kamardanga (Chamunda and Joypur mouzas); • Kantinagar (Chamunda mouza); • Amlakathal and Monoharpur (Joypur mouza).

Resettlement Options The following resettlement options are proposed at this stage for households and business owners that may have to be relocated if the Project proceeds: • Resettlement to western extension of Phulbari town. The portion of Phulbari town on the eastern side of the Little

Jamuna River would be moved to the town area west of the River. The western area would be developed to accommodate all affected houses, businesses and offices currently located in Phulbari east. People from affected villages would also have the option of moving to this western Phulbari town area. They would be provided with

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residential and business plots (where applicable) and receive cash compensation for other land losses (e.g. cultivation land). They would be able to choose between the provision of replacement housing by the Project, or cash compensation to construct their own houses. They would be provided with potable water and improved sanitation facilities, as well as access to the electricity grid and improved transport facilities.

• Resettlement to a designated Upazila relocation site. People would have the option of moving to a relatively large new village relocation site in their Upazila. This site would accommodate up to 400 households from various villages in the Upazila. Relocated people would receive the same compensation entitlements and access to similar utilities as for moving to Phulbari west. Each relocation village would also have essential services such as primary schools, health facility, places of religious worship and a market area. In addition, their homestead plots would be large enough to allow them to do intensive vegetable farming.

• Resettlement to existing village outside the mine area. In some cases it would be possible for a small group of people, or people from a partially affected village to move to another unaffected village or to the unaffected portion of their village. They would receive the same compensation entitlements as described above, including a choice between the provision of replacement housing by the Project, or cash compensation to construct their own houses. Where necessary, existing services (e.g. schools) in the village would be upgraded to accommodate the resettled households.

• Individual resettlement to an area of own choice. This option would involve a household relocating individually to an area of its own choose. For this option households would receive cash compensation for houses and buildings – they would not be able to request the provision of a replacement house by the Project. They would receive cash compensation for their land losses, including homestead land.

Aims of the Resettlement Options Consultations

A resettlement survey is currently underway in which households are asked to indicate their resettlement preferences. It is also important to proceed with resettlement consultations at Union and village level. The Union Parishad Chairmen and members can play an important role in this regard, by discussing the issues with villagers and their representatives, and then providing feedback to SMEC and Asia Energy. The following procedure is proposed to obtain further inputs from Union Chairmen & members and affected villagers: 1. Discussion of resettlement options at Union level (this meeting).

2. Discussion of resettlement options between Union Chairmen & members and affected villagers. Discussions to focus on: • resettlement preferences; • suggestions for improvements to resettlement options; • the identification of a potential area for the establishment of an Upazila relocation site(s) (if required).

3. Follow-up meeting between Union Parishad and SMEC to discuss preferences of villagers. SMEC would like to have this round of discussions completed by the end of June 2005. The consultation process is vital to the social investigations and Asia Energy would like to thank everyone for their cooperation in the study.

Further Information For further information one may contact SMEC EIA/SIA Project office at House-151, Lane-01, DOHS Baridhara, Dhaka. Tel: 9896917, 8823571, 8824263. The Asia Energy Phulbari Coal Project Information Centre in Phulbari Town can also be approached for further information or clarifications.

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Phulbari Coal Project – News Update No 1. July 2005

Our Commitment

We at Asia Energy want to keep you fully informed about our plans to develop a coal mine in and around Phulbari and to tell you how this will benefit you and your families.

Our aim is that everyone in the area will be better off as a result of the mine.

Nobody will be left homeless as a result of the mine.

Compensation for Everyone

Every home owner, business owner, and farmer whose property is impacted will be fully compensated for any loss at market value.

Development Fund for Livelihood Restoration

Asia Energy will set up a Development Fund to ensure that anyone who loses his or her livelihood as a result of the development is also fairly compensated or found an alternative source of income and livelihood.

A Better Phulbari

Phulbari, itself, will be transformed with improved facilities and new infrastructure on the western side of the Little Jamuna River. New model villages will be built.

More Jobs

Developing the mine will create several thousand jobs and many more jobs will be generated from ‘spin-off’ industries which will transform the local economy. This is a once-in-a-lifetime opportunity, especially for the young generation.

Environmental Management to International Standards

We will look after the environment and manage and minimise any harmful impacts. The hole excavated for the mine will be progressively filled up and returned to a natural state for farming, forestry and other uses.

Water for Everyone

While we will have to pump water out of the mine, our water management system will ensure that areas outside it do not suffer from loss of water. In fact, de-watering the mine will create a huge surplus of water for both drinking and farm irrigation.

Better Homes

Some 50,000 people will be resettled over the 30-year life of the mine. This will be a gradual process, and it will be carried out in such a way that everyone is given either a better home with better facilities or full cash compensation.

Gradual Use of Land

The final extent and direction of the mine is still to be decided. Its open pit area will be about 2,000 hectares and it will progressively – over 30 years. Altogether the Project will require 6, 500 hectares.

Open Pit - the Best Choice

The open pit method is the only economical and safe way to mine the coal and the other co-products. Underground mining is simply not viable here.

Project Timetable

Social and Environment Impact Assessments are almost completed and a Mine Development Scheme will be submitted to the Government in the next few months. A Mine Development Scheme will be submitted for approval before the end of the year, and mining operations may start in 2007.

Your Support for the Project

Our house to house surveys and consultation meetings in the area have established that the majority of people support the Project. More than 80 per cent back the Project. Our Information Centre in Phulbari reports a similar approval rating. Four out of every five people who have visited the Centre have written in the Visitors’ Book expressing their support for the mine.

Working with You and for You

Phulbari is sitting on a valuable resource – more than 500 million tonnes of high quality coal, plus quantities of kaolin, clay, aggregate and rock. This resource needs to be exploited sooner rather than later and we, at Asia Energy, are preparing to undertake this Project in a caring and efficient way.

We are listening to your concerns and we are ready to work with you to resolve them and create a great new industry in Northwest Bangladesh.

This Project can only happen with your support.

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Phulbari Coal Project – News Update No 2. August 2005 Keeping our promises Asia Energy is committed to keeping you fully informed about our plans to develop a coal mine in the Phulbari area and this latest news update answers some of your frequently asked questions.

Will local people be employed in the mine? Yes, Asia Energy will make every effort to employ as many local people as possible. In addition to a couple of thousand new jobs at the mine there will be many more thousand jobs created from support and spin-off industries and services.

Will local people share in the profits of the mine? Local people will not receive any direct share of the profits but they will benefit indirectly from the profits through the transformation of the local economy, and from new businesses and job opportunities. In addition some of the profits will be put into a Community Development Fund set up specifically to assist people who have been resettled.

What will happen to local infrastructure such as railways and power lines? The railway, roads and power lines that run across the proposed mine site will be diverted and replaced, and in most cases upgraded and improved. The mine will bring significant improvements to local infrastructure and public amenities, with a lot of new construction.

When will resettlement activities commence? The resettlement process will be gradual and will continue throughout the life of the mine, presently estimated to be 30 years. It is expected that it will start in 2007.A major component of the resettlement, including re-location of the eastern part of Phulbari Town, will most likely happen in the first 10 years of mine development.

What will happen to indigenous peoples? There will be a special development plan for all indigenous peoples, which is being prepared now. They will be treated with care and sensitivity to maintain the cultural and social integrity of their communities.

Will Communities be separated? People will have a choice of resettlement options. They could be relocated to the western extension of Phulbari Town, or move to a designated site within their Upazila and Union, or move individually to an area of their own choice. The Upazila/Union sites will as far as possible be located close to where they now live. If requested, residents of villages will be relocated as a group to help maintain existing kinships and social ties. Everyone will have an opportunity to express their preferences and these preferences will be taken into account.

How will graveyards, mosques, temples, churches and cremation centres be treated? Places of worship will be replaced at suitable locations in accordance with the wishes of religious leaders and their communities. Graveyards will also be sympathetically and respectfully moved in accordance with the wishes of families and communities.

How will houses, structures, land and other assets be valued for compensation? Valuations will be based on full market prices. Asia Energy will endeavour to ensure that the compensation process is straight forward, fair and transparent and rational suggestions and the opinions of the affected communities are duly considered.

What will happen to people with no title to the land where they are living? They will be fairly compensated for the loss of dwellings and business, as well as for the land they occupy, provided they have a recognised claim to that land.

How will farmers who lose their agricultural land and agricultural workers restore their livelihoods? Eligible farmers will be fully compensated for their loss of land and livelihood. They will be offered support to restore livelihood earnings and find new opportunities for alternative income generation. They will be looked after, and in terms of income no one will be left worse off than before. The Community Development Fund will provide them with financial support until they regain the level of their previous income through their newly adopted livelihood.

Why does the mine have to incorporate eastern Phulbari town? A major part of the 500 plus million tonne coal resource lies under eastern Phulbari and adjacent areas and it would neither be economical nor technically feasible to operate the mine without extracting the coal there.

What will be the impact of the mine on the environment? There will be certain environmental impacts, in particular in terms of noise and dust and water draw down. However the impacts will be minimised and managed to acceptable levels. Dust, for example, will be controlled by constant watering and noise will be muffled by earth bunds, buffer areas, and low noise equipment. Water supplies will be maintained to at least existing levels for irrigation, and more clean water will be available for households.

What will happen to the land after the mine closes? During the life of the mine, the open pit will be gradually back-filled with the earth that was removed to extract the coal. The land will then be rehabilitated and returned to its natural state. This will be used again - new forest patches will be created and new agricultural practices introduced. There will be a deep freshwater lake at the southern end of the mine which will serve multiple purposes - aesthetic, recreational, tourism and reservoir.

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APPENDIX D

ASIA ENERGY’S INTERIM CORPORATE COMMUNICATION STRATEGY

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APPENDIX D: ASIA ENERGY’S INTERIM CORPORATE COMMUNICATION STRATEGY

Goal To achieve Government approval and additional investment for the Phulbari Coal Mine by the end of 2005, with broad-based community support and with no major local, national, or international opposition. Current Position There is well organised opposition to the mine on the ground under the banner ‘Phulbari Protection Committee’. It is headed by the Municipal Chairman of Phulbari Municipality and the local BNP leader. The Committee is broad based and appears to have the active support of about 10 per cent of the Phulbari community. However, it does not appear to have much following outside the Phulbari municipality, and there is evidence that the rest of the community accepts the Project. There is significant support for the Project in Dhaka from the Board of Investment (BOI), whose chairman is the newly appointed Adviser to the Energy and Mineral Resources Division. In addition, influence from the Mongla Port Authority can be developed. Key Stakeholders

National Government: o Prime Minister’s Office (PMO) o The Energy and Mineral Resources Division, Ministry of Energy and Mineral Resources o Board of Investment (BOI) o Ministry of Communications o Ministry of Land o Department of Environment o Planning Division of Ministry of Finance o Local Government Division, Ministry of Local Government, Rural Development & Cooperatives

The Minister in Charge of Dinajpur District District Administration (Deputy Commissioner in and other concerned regional level officials, both civilian

and military) Phulbari, Birampur, Nawabganj and Parbatipur Upazilas

o Local Administration (UNO and other officials at Upazila Level) o Local government (Chairman and 12 Ward Commissioners of Phulbari Municipality, Chairmen

and Members of 8 Union Councils of the Project area) Political parties at the national and regional level: the ruling party BNP and opposition political parties,

particularly Awami League. Local leaders of political parties (BNP, Awami League, Jatiyo Party, Jamat-e Islami, Workers Party, Communist Party)

Media: International; national (broadcast and print); regional (at Bogra and Rangpur); local (particularly in Phulbari, Birampur and Dinajpur)

Mongla Port Authority NGOs The Diplomatic community (particularly the British and Australian High Commissions) The local community at the Project area and potential Project Affected People Local Chambers of Commerce

Key Concerns

Compensation: o Will compensation be at market value? o Will the Deputy Commissioner’s Office or will Asia Energy pay compensation directly? o What happens to people without proper title, particularly those who are using government land

illegally? o Will compensation be a one-off payment? o Will compensation be only cash, or cash and kind?

Farmland and landless farmers: o What happens to people making their living off the land, particularly share croppers? o What happens to close-knit rural communities?

Asia Energy: o How can the community trust such a small ‘untested’ company?

Phulbari:

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o How can the shopping/bazaar area – a major centre of local business – re-build its business on the west side of the Little Jamuna River?

Water: o Will the de-watering of the mine area dry up the surrounding tubewells?

Short-term ‘achievables’

Prepare satisfactory answers to all the above questions/objections Meet leaders of the Phulbari Protection Committee – one by one or in groups Build relations with national and local journalists Host/Sponsor a seminar on mining and mining journalism Brief top officials of all political parties in Dhaka, the two local MPs, and members of the Energy and

Power Parliamentary Standing Committee Engage the United States of America Embassy in Dhaka, and continue to seek support from the

Australian and British High Commissions Build a relationship with the World Bank and the IFC Enhance the Phulbari Information Centre through:

o New Posters o New Leaflets o Video o Electronic Photo display o Display models of new town and new villages o Employ a professional re-settlement adviser o Set up mobile information unit

Undertake awareness programme at Union, Upazila and district levels Employ IUCN to help propagate the message and positively sensitize the community

Encourage religious leaders (such as Mosque Imams) to disseminate information about the Project, particularly the community development aspects

Forge links with Dhaka residents from the area Overall Aim

Achieve broad community support for the Project Achieve political consensus for the Project

Strategy

Maintain a ‘soft but proactive and persuasive’ approach Seek positive investment opportunities e.g. schools, hospitals, charities, farming Enhance the efforts of the pro-mine/pro-Project groups/community leaders/government officials/local

government office bearers Coordinate activities on the ground with the Asia Energy Field Manager, reinforcing the Manager on a

regular basis Link communications strategy (key messages/ stakeholder groups) to Project milestones Prepare Asia Energy for crisis management through a well developed contingency plan

July 2005