SOUTHWEST AREA INTEGRATED WATER RESOURCES PLANNING …southwest.bwdb.gov.bd/files/report/b9c24f5cb5a03f5bace9a2dd5b3… · Southwest Area Integrated Water Resource Management Project

Southwest Area Integrated Water Resource Management Project

TA 4079-BAN Resettlement Plan

Narail Subproject

SOUTHWEST AREA INTEGRATED WATER RESOURCES PLANNING AND MANAGEMENT PROJECT Bangladesh Water Development Board

Ministry of Water Resources

Government of the People’s Republic of Bangladesh

June 2005

RESETTLEMENT PLAN (Narail Subproject)



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Table of Contents Abbreviations ............................................................................................................................ iv Executive Summary .................................................................................................................. vi

1 Description of the Project ......................................................................................1

1.1 Project Background and Description ............................................................. 1

1.2 Preparation of the Resettlement Plan ............................................................. 2

2 Scope of Land Acquisition and Resettlement ........................................................3

2.1 Scope of and Rationale for Land Acquisition ................................................ 3

2.2 Measures to Minimize Land Acquisition and Displacement of People ......... 3

2.3 Key Effects of Land Acquisition ................................................................... 3

2.4 Primary Responsibility of Land Acquisition and Resettlement ..................... 4

3 Socioeconomic Information ...................................................................................6

3.1 The Sub-project Area ..................................................................................... 6

3.2 Socioeconomic Survey................................................................................... 6

3.3 Profile of the People Affected........................................................................ 7

3.3.1 Socio-demographic Characteristics ....................................................... 7

3.3.2 Occupational Profile of the People Affected ......................................... 8

3.3.3 Income and Poverty Dimensions ........................................................... 9

3.3.4 Gender Issues ......................................................................................... 9

3.3.5 Farm Size of People Affected .............................................................. 10

3.4 Asset Inventory and Assessment of Losses ................................................. 10

3.4.1 Ownership of Land for Homestead and Other Structures .................... 10

3.4.2 Physical Structures to be Affected ....................................................... 10

3.4.3 Affected Agricultural Land .................................................................. 11

3.4.4 Affected Plants and Trees .................................................................... 12

3.5 Common/Community Resources Property .................................................. 12

3.6 Project Impact on Poor and Vulnerable Groups .......................................... 12

3.7 Special Measures for Vulnerable Groups .................................................... 13

3.8 Types of Losses and Impact Category ......................................................... 13

3.8.1 Types of Losses.................................................................................... 13

3.8.2 Various Impact Category ..................................................................... 13

4 Objectives, Policy Framework and Entitlements .................................................15

4.1 Purpose and Objectives of Land Acquisition and Resettlement .................. 15

4.2 Legal Framework for Land Acquisition ...................................................... 15

4.3 Land Acquisition and Resettlement Policy Framework .............................. 16

4.3.1 Bridging Gaps between ADB Policy and GOB Laws ......................... 16

4.3.2 Principles, Legal and Policy Commitments ......................................... 17

4.4 Eligibility Policy and Entitlement Matrix .................................................... 18

4.5 Compensation and Resettlement Assistances .............................................. 19

4.5.1 Determining Compensation and Resettlement Benefits ...................... 19

4.5.2 RP Implementation Guidelines ............................................................ 19

4.6 Gender Impact and Mitigative Measures ..................................................... 20

4.7 Definitions of Terms .................................................................................... 20

5 Information Dissemination, Consultation, Participatory Approaches and

Disclosure Requirements .....................................................................................22

5.1 Project Stakeholders..................................................................................... 22

5.2 Information Dissemination and Public Consultation ................................... 22



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5.3 Mechanism for Stakeholders' Participation ................................................. 23

5.4 Disclosure of RP to People Affected ........................................................... 24

5.5 Local Institutions and Organizations ........................................................... 24

5.6 Grievance Redress Mechanisms .................................................................. 24

6 Relocation Resettlement and Income Restoration ...............................................26

6.1 Scope of Displacement and Relocation ....................................................... 26

6.2 Relocation of Housing and Establishment ................................................... 26

6.3 AP Preferences for Relocation ..................................................................... 26

6.4 Option for Resettlement Assistance ............................................................. 27

6.5 Resettlement Options and Strategies ........................................................... 27

6.5.1 Self- relocation for Residential and Commercial Structures ............... 27

6.5.2 Replacement of Agriculture Land ........................................................ 28

6.5.3 Special Measures for Vulnerability and Environmental Risks ............ 28

6.6 Income and Livelihood Restoration Strategy .............................................. 28

6.6.1 The Strategy ......................................................................................... 28

6.6.2 Planning ILR Program ......................................................................... 29

6.6.3 Approaches for ILR Activities ............................................................. 29

6.6.4 Employment in Construction ............................................................... 30

6.7 Re-establishing Common Resources Property/Utilities............................... 30

7 Implementation Arrangements.............................................................................31

7.1 Institutional Framework ............................................................................... 31

7.1.1 Project Management Office, BWDB ................................................... 31

7.1.2 Deputy Commissioner ......................................................................... 31

7.1.3 TA Consultants .................................................................................... 32

7.1.4 RP Implementation NGO ..................................................................... 33

7.1.5 Resettlement Implementation Committees/Teams .............................. 33

7.2 Resettlement Budget and Financing ............................................................ 35

7.3 Implementation Schedule ............................................................................. 37

8 Monitoring and Evaluation ..................................................................................40

8.1 Supervision, Monitoring and Evaluation ..................................................... 40

8.2 Internal Monitoring ...................................................................................... 40

8.3 External Monitoring and Evaluation ............................................................ 41

8.4 Participatory Monitoring Involving APs ..................................................... 42

8.5 Reporting Requirements .............................................................................. 43

List of Tables

Table 2-1: Land requirement for sub-project schemes .................................................. 3

Table 2-2: Project impacts and displacements ............................................................... 4

Table 2-3: People Experiencing Major Impacts ............................................................ 4

Table 3-1: Affected persons and impact category ......................................................... 7

Table 3-2: Population in structure losing households by gender ................................... 8

Table 3-3: Occupational data of possible APs ............................................................... 8

Table 3-4: Monthly household income and economic status......................................... 9

Table 3-5: Gender distribution of the affected population............................................. 9

Table 3-6: Land holding and residual land of the agri-land losing households ........... 10

Table 3-7: Ownership of land for homestead and other structures .............................. 10

Table 3-8: Structures to be relocated from the right of way ........................................ 11



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Table 3-9: Tenancy and APs with agricultural land to be acquired ............................. 11

Table 3-10: APs with loss of income due to acquisition of agriculture land ............... 12

Table 3-11: Plants and trees to be affected .................................................................. 12

Table 3-12: Vulnerability of project affected people ................................................... 13

Table 4-1: Measures for Compliance of ADB Policy and GOB Laws ........................ 16

Table 4-2: Land Acquisition & Resettlement Entitlement Matrix ............................... 18

Table 5-1: Summary of PRA/FGD sessions ................................................................ 23

Table 6-1: Options for relocation ................................................................................. 26

Table 6-2: Options for relocation types ....................................................................... 27

Table 6-3: Options for resettlement assistance ............................................................ 27

Table 7-1: Estimated Land Acquisition and Resettlement Budget .............................. 36

Table 8-1: Indicators for Internal Monitoring of R&R Operations ............................. 40

Table 8-2: Indicators for External Monitoring and Evaluation ................................... 41

List of Figures

Figure 1: RP Implementation Organization .................................................................32

Figure 2: RP Implementation Schedule ....................... Error! Bookmark not defined.



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ACRONYMS AND ABBREVIATIONS

AC Assistant Commissioner

AD Alluvial and Dilluvial

ADB Asian Development Bank

ADC Additional Deputy Commissioner

AP Affected Person

ASA Association for Social Advancement

BKB Bangladesh Krishi Bank

BRAC Bangladesh Rural Advancement Committee

BWDB Bangladesh Water Development Board

CCL Cash Compensation under Law

CRO Chief Resettlement Officer

CRP Common Resource Property

DAE Department of Agriculture Extension

DC Deputy Commissioner

DOF Department of Forest

EA Executing Agency

EP Entitled Person

FCE-Afra Flood Control Embankment on Afra Right Bank

FCE-Gobra Flood Control Embankment on Gobra Khal

FGD Focus Group Discussion

GDP Gross Domestic Product

GOB Government of Bangladesh

GRC Grievance Redress Committee

ha Hectare [ 1 ha = 2.47 acre]

HH Household

HQ Headquarters

ID Identity

IGA Income Generation Activity

ILR Income and Livelihood Restoration

INGO Implementing NGO

IR Income Restoration

ISA Initial Social Assessment

IWMP Integrated Water Management Plan

JFPR Japan Fund for Poverty Reduction

JVT Joint Verification Team

LA Land Acquisition

LA&R Land Acquisition and Resettlement

LAO Land Acquisition Officer/Office

LAP Land Acquisition Plan

LGI Local Government Institution

LWL Lowest Water Level



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MARV Maximum Allowable Replacement Value

MIS Management Information System

MOWR Ministry of Water Resources

NGO Non-Government Organization

O&M Operation & Maintenance

PD Project Director

PMO Project Management Office

PPTA Project Preparation Technical Assistance

PRA Participatory Rapid Appraisal

PRRA Participatory Rapid Rural Appraisal

PVAT Property Valuation Advisory Team

PWD Ponding Water Depth

RAC Resettlement Advisory Committee

RC Resettlement Coordinator

RDM Polli Unnayon Andolon (RDM)

RF Resettlement Framework

RMC Rural Management Consultants Ltd.

ROW Right of Way

RP Resettlement Plan

RU Resettlement Unit

SBE Small Business Enterprise

SC Supervision Consultant

SDF Social Development Foundation

SES Socioeconomic Survey

TA Technical Assistance

TC Tenant Contract

TCF Tenant Contract Farming

Tk. Taka

TNA Training Needs Assessment

TOR Terms of Reference

TRS Temporary Resettlement Site

UP Union Parishad

V Vulnerable

WMO Water Management Organization



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Executive Summary

1. The Southwest Area Integrated Water Resources Planning and Management Project includes Narail Sub-Project in Narail and Kalia upazilas under Narail district for rehabilitation under the financing from Asian Development Bank. Main objective for rehabilitation of the sub-project is to increase agriculture production, farm incomes and employment opportunities by improving water management facilities and the capabilities of the beneficiaries to manage the facilities. The improved facilities will be made effective by controlled flooding and drainage through compartmentalization. The proposed new interventions for rehabilitation of the sub-projects will cause adverse social impacts and in some instances would require land acquisition and resettlement of affected households and businesses. The sub-project will involve acquisition of 42.90ha land; 33.7ha for construction of (i) Afra Right Embankment (12.5 km from Sheikhati to Durbajuri) and 9.20 ha for (ii) Gobra Khal Embankments (2km on each bank from Afra river). More than 50 percent of the project right of way will pass through agricultural land.

2. The sub-project will displace 500 persons in 100 households. The interventions will also displace 30 shops, 11 community structures, 3 tombs and remove 8 ponds, 8 ghers and 16 betel leaf barojes. Additional 54 households will be affected for loss of ponds, ghers and betel leaf barojes. About 64 households, 5 SBEs, 2 CRPs, 8 ponds/ghers and 7 borojes will be partially affected and will not need relocation. However, the affected households and other units will need assistance for relocation and re-establishment of their houses/structures to new locations or on remaining land. Acquisition of agricultural land will be affect 1282 people in 166 households.

Table 1: Project Impacts and Displacements

Impact Category

Project affected physical units

Attached population Affected units to be displaced Population to be displaced

Total units

Attached households

Male Female Total Nos. of Units

Attached households Male Female Total

Households 164 164 430 385 815 100 100 266 234 500

SBEs 35 34 111 77 188 30 29 0 0 0

CRPs 13 0 0 0 0 11 0 0 0 0

Ponds 12 8 17 15 32 8 5 0 0 0

Shrimp ghers 12 9 25 26 51 8 6 0 0 0

Betel leaf baroj 23 20 65 62 127 16 14 0 0 0

Tombs 3 0 0 0 0 3 0 0 0 0

Total 262 235 648 565 1213 176 154 266 234 500

Source: Socioeconomic Survey, August 2004

3. This Resettlement Plan is designed to assist the households to be displaced or affected due to acquisition of their homestead, fish farms, baroj and shops. The RP is based on the land acquisition laws of the Government of the People's Republic of Bangladesh (GOB), the ADB‟s policy on involuntary displacement.1 It is based on the results of the socioeconomic survey conducted in August 2004 by RDM. The Bangladesh Water Development Board (BWDB) is the executing agency (EA) of the project.

4. Almost all dwellings and other physical structures (97%) on right of way including house structure, pond, shrimp ghers, and community structures are privately owned. Users lease in structures of only 2 households, 2 shops, 1 gher and 1 pond. Dwellings are largely kuccha (78%) houses – made with wood, bamboo and straw with

1 Asian Development Bank, Policy on Involuntary Resettlement, 1995



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corrugated tin roof. The total floor area of the affected structure is about 94 thousand square feet. In terms of construction materials 4 different categories of structures are identified. Straw made structures constitutes only 10% of the total affected structure. However, 3.25% of the structures are pucca and 8.63% are semi-pucca.

Table 2: Structures to be relocated from the right of way

Category of Structure Nos. Unit Quantity Percentage (%) of each

type

Pucca structure 29 Sft 3055 3.25

Semi pucca structure 20 Sft 8116 8.63

Katcha structure 304 Sft 73121 77.74

Thatched structure 76 Sft 9764 10.38

Total 429 Sft 94056 100.00

Ponds 12 Acre 2.27 14.71

Gher 12 Acre 6.71 43.49

Baroj 25 Acre 6.45 41.80

Total 49 Acre 15.43 100.00


5. Agriculture is the dominant occupation of the affected population in the Narail Sub-Project area. Ninety four percent of the working women are housewives and they constitute about 43 percent of the total working force among the people to be affected. Wager labourers are the second largest class while business comes after that. However, service and fishing are also important sources of income of the impact population. Working population constitutes about 58 percent of the total population to be affected. Among the male population 56% are involved in agriculture, 11 percent in business, 20 percent wage labour, 6 percent fishing, and the rest include service, domestic and skilled work. Only 19 women are found in some gainful employment. Forty two percent (42%) of the population are not involved in any direct income earning activity and are dependent on the employed working population.

6. Based on the total stated income, the households to be affected in their homestead, shops, ponds and shrimp ghers were classified broadly into four income groups. Forty five (45%) of the households have income below the absolute poverty line.2 About 29 percent of the households are living below the hard-core poverty line. About 55 percent households have some moderate income. The results translate that 45 percent of the households to be affected live on less than dollar-a-day income.

7. Women in poor households and households with no adult male members are in vulnerable situation due to lack of security in their economic and social position. The survey found 7 households headed by women. There is no major disparity in sending the children to schools. In Narail district only few households own maximum of the lands and sharecropping by marginal farmers or landless is a common phenomenon in the area. Household losing more than 10% of their agriculture income constitutes about 17 percent of the total affected households. However, the vulnerable households constitute only 15 percent. However, about 11 households are understood to be sharecropping some 8.04 acres of the total agriculture land to be acquired.

8. A total of 27,552 trees and saplings 7,425 on homesteads and 20,127 on fallow land are going to be affected by land acquisition. Felling down these trees will barren the area and immediate re-plantation will be required to balance the environment within a short span of time. Date type trees are significantly available in the sub-project area and molasses from palm tree juice are plentiful.

2 Official poverty line is calculated for 2122 KCal inteke per person per day which is ensured by a per capita monthly income of Tk. 720/-



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9. The types of losses include (i) loss of homestead land; (ii) residential/ commercial/ community structures and trees; and (iii) loss of work days/incomes due to dislocation and relocation of vulnerable households, (iv) loss of agricultural land, (v) loss of ponds/ghers (cultivated), (vi) loss of betel leaf baroj, (vii) loss of rental income and (viii) loss of access to land (agriculture, pond, gher, baroj) and structure (residential, commercial). In fewer cases the households and other physical structures including ponds and shrimp ghers will be insignificantly affected and will simply be shrunk.

10. The Acquisition and Requisition of Immovable Property Ordinance (1982) will be applied for this project including its subsequent amendments during 1993-1995. The project at the detailed design stage will take all measures to reduce the amount of land acquisition and population displacement to the minimum, taking into account the need for the project and suggestions of the local people. The 1982 Ordinance is the only law that provides clearly defined compensation for land acquisition for development projects. The law clearly states that khas lands if used for project purposes should also be acquired. The ordinance have limitations to cover only the legal owners of property and does not cover eventually project affected persons without titles or ownership records like squatters, occupiers/sheltered, and informal tenants and lease holders (without formal deeds). Under the circumstances and in the absence of a national policy consistent with ADB policy on involuntary resettlement,3 a project-specific resettlement framework has been prepared. Land-for-land or replacement value of land at market price to the owners will be ensured. Affected households compensated by the DC for lost assets will receive (i) additional cash grant to match replacement value, and (ii) other resettlement assistance such as shifting allowance, construction cost, compensation for loss of workdays/income due to dislocation. Female-headed households and other vulnerable households will be eligible for further cash assistance for relocation and resettlement.

11. The affected households and informal settlers will be entitled to a combination of resettlement benefits and income restoration assistance, depending on the nature of ownership rights of lost assets and scope of the impact, including social and economic vulnerability of the affected persons.

12. Based on all identified losses and impacts through the socioeconomic survey, appropriate mitigation measures and compensation packages have been devised and an entitlement matrix (table 3) has been formulated.

Table 3: Land Acquisition & Resettlement Entitlements

Type of Loss Entitlement

1. Loss of land (agricultural, commercial and homestead land, pond, ghers, betel leaf baroj).

Cash compensation under law (CCL) determined by DC in respective districts. Positive differential in respect of replacement market price to be determined by PVAT. Refund of registration cost incurred for replacement land purchase at the replacement value.

2. Loss of residential /commercial structure Cash compensation under law (CCL) to be determined by DC based on joint verification to legal owners. Positive differential in respect of replacement market price to be determined by PVAT to titled and non-titled owners. Transfer grant equivalent to 12.5% of the value of non-concrete structure assessed by PVAT to titled and non-titled owners. Transfer grant equivalent to 5% of the value of concrete structure (pucca/semi-pucca) assessed by PVAT to titled and non-titled owners. Reconstruction grant equivalent to 12.5% of the value of non-concrete structure assessed by PVAT for titled owners. Homestead development and reconstruction grant of Tk. 15,000 to non-titled owners (squatters, occupiers/encroachers, sheltered, etc.) Salvaged materials free of cost.

3Involuntary Resettlement Policy, ADB, Manila, November 1995.



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Type of Loss Entitlement

3. Loss of non-structure assets (betel leaf baroj, shrimp gher and ponds.)

Cash grant equivalent to one year's net income from the structure to be determined by PVAT to the cultivator(s). Cash grant equivalent to one year's rental income to the owners of associated land assessed by PVAT.

4. Loss of trees, crops, perennials Compensation at the rate estimated by the Department of Forest (DOF) for trees and the Department of Agriculture Extension (DAE) for crops fixed by DCs. Salvaged materials free of cost.

5. Loss of access to agricultural, commercial and homestead land

Crop compensation to titled sharecroppers or leasees by DC. Cash grant equivalent to Tk. 300/- per decimal of land sharecropped by non-titled sharecroppers. Cash grant for alternative housing to renters of residential and commercial land equivalent to Tk. 6000/-. Cash grant equivalent to Tk. 500/- per decimal to renters of land for pond/gher/baroj.

6. Loss of income and work days due to dislocation

Cash grant of Tk. 5000 per household as subsistence for lost income/workdays. Cash grant of Tk. 6000 for loss of business income by affected traders/shops. Cash grant of Tk. 3000/- to owners of rented land/premises. Cash grant of Tk. 3000 to the affected employees equivalent to 2 months' wages.

7. Affected vulnerable households Additional cash grant of Tk. 5000 to head of affected households. Training and credit facilities under income generation program (IGP). Employment in the project construction works, if available.

8. Displacement of community structure Cash compensation under law (CCL) to be determined by DC based on joint verification. Positive differential in respect of replacement market price to be determined by PVAT. Transfer grant equivalent to 5% of the assessed value of structure by PVAT. Dismantling and reconstruction cash assistance including land as assessed by PVAT considering the CCL for concerned land and structure.

9. Access to community /civic facilities at relocated sites

Community infrastructure facilities, access roads, plantation, tube-wells, sanitary latrines and drainage.

13. The project concept and land acquisition requirements as per various options and technical design of water management interventions were discussed with the primary stakeholders. The women and other vulnerable groups were also consulted on site concerning the project impact and their livelihood aspects. The inputs from the stakeholders meetings have been used to develop appropriate mitigation measures. The disclosure of the RF will further at the RP implementation period. Measures will be taken to ensure that process of land acquisition and resettlement does not disadvantage women and additional support will be provided to the women headed households requiring relocation.

14. The resettlement framework will be disclosed to the project affected people at the detailed design stage while reviewing the resettlement data. The full RP will be disclosed to the affected persons after approval of the RP and establishment of cutoff date for recognition of losses.

15. The resettlement framework will establish a grievance redress mechanism to settle amicably the grievance of the affected persons for their entitlement and resettlement through grievance redress committees constituted legally involving the EA, the LGI representatives and the implementing NGO.

16. The project will encourage “self-relocation” by affected households selecting replacement homestead land in the vicinity of their own. The executing agency will organize such arrangement of relocating the households in a cluster as much as possible to link them with road access (proposed embankment to be used as pucca road). The objective is to minimize social disruption in the resettlement process and allow people to remain together within kin groups for mutual support. APs affected by loss of house/structure will be assisted by BWDB through NGO providing them in a temporary relocation site (TRS) during the project period under certain conditions for a period of 6 months or like. They can live in the TRS through reconstructing their houses



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on their own. It is expected that, using the resettlement and rehabilitation assistance, they would be able to find suitable place for their relocation within this time.

17. Mitigation of loss of assets and livelihood is the main focus of the resettlement plan. Additional measures will be taken to provide appropriate support to the livelihood restoration aspects of the project-affected people. Adequate compensation will be paid to these APs before relocation. The implementing NGO shouldering the resettlement issues will take the responsibility of design, development and execution of the income and livelihood restoration (ILR) programme while an external agency will monitor.

18. The Ministry of Water Resources (MOWR) through the BWDB (the EA) will be responsible for implementation of the RP. The Project Director will monitor the RP implementation through the Chief Resettlement Officer at appointed at the PMO. The Executive Engineer or a senior subdivisional engineer, SMO, BWDB, Narail will act as the Resettlement Coordinator (RC) at the field level and implement the RP through an appointed NGO.

19. The implementing NGO will open field offices to implement the RP and will involve stakeholders in the implementation process. Various RP implementation committees including JVT, PVAT and GRC will be formed by the Ministry of Water Resources (MOWR) through a gazette notification. The JVT and PVAT will constitute of RC in the in the chair, representative of implementing as member secretary and representative of the DC as member. The GRC will be constituted with the EA, the implementing NGO, and representatives from DC, LGI and the APs. In addition, the implementing agency/NGO will form resettlement advisory committee (RAC) to involve the local communities and APs in the implementation process.

20. The RP implementation will be completed within 3 years from the mid of 2006. A time-bound implementation schedule for the RP has been prepared in accordance with the project construction schedule. The implementing NGO will assist the APs in the process of relocation and resettlement. Individual entitlements on household basis are processed by the NGO.

21. The budget includes all costs for acquisition of land and assets and cost associated with involuntary resettlement. The total estimated cost is Taka 85.65 million (USD 1.46 million). The budget is provisional, subject to final design and assessment of prices at the implementation level. The entire budget for land acquisition and resettlement will be provided from GOB fund while cost of EA capacity enhancement, implementation of RP, and rehabilitation and training of the AP will be provided from ADB.

22. Land acquisition and resettlement implementation will be supervised and monitored by the PD in co-ordination with the CRO, BWDB field staff, TA Consultants and the resettlement-implementing NGO. The RP implementation monitoring will be done both internally and externally to provide feedback to BWDB and to assess the effectiveness. A post evaluation of resettlement activities will be carried out by the ADB to assess the impact, sustainability of resettlement program for future policy formulation and planning.



Narail Subproject 1

1 Description of the Project

1.1 Project Background and Description

23. The Southwest Area Integrated Water Resources Planning and Management Project (the project) aims to enhance economic growth and reduce poverty in the rural areas of the selected sub-regions in the Southwest.4 Its immediate objective is to enhance productivity and sustainability of existing FCD/I systems suffering from low performance and incomes. This is achieved through (i) preparing participatory integrated water management plans (IWMPs) for the concerned areas; (ii) delivering services for WMO development, water management facilities, and support for agriculture, fishery, and livelihood enhancement; and (iii) strengthening institutions to operate these functions in delivering intended benefits with self-sustaining O&M.

24. The Project will complement the ongoing and new water sector initiatives of the Government, including IPSWAM and WMIP, through a harmonized and consistent approach with the existing policy and institutional framework. It will support the investments in the sub-regions (at BWDB circle office level) that will not be covered by these projects in principle, with due focuses on operating integrated planning process, strengthening cross-sectoral coordinated service delivery, and inclusive management to address diverse stakeholder interests.

25. The Project has three components: (i) IWMP preparation; (ii) sustainable and productive water resource management through IWMP implementation; and (iii) institutional strengthening and project management. The first component will culminate into IWMPs for the selected FCD/I schemes covering about 100,000 ha of hydrological areas, including 57,000 ha where sample IWMPs were prepared under the PPTA.5 The output of the second component will substantially improved agriculture and fishery productivity and reduced poverty in the said areas, improved livelihood of some 0.8 million people, and local WMOs that are established and can sustain the benefits through regular O&M and integrated management of their designated facilities. The third component will culminate in operation of mechanisms for participatory IWMP preparation, service delivery for their implementation, and post-completion water resource management through strengthening of sector institutions and their management.

26. Narail Sub-Project is one of the two sample IWMPs prepared under the PPTA and surrounded by Chitra and Afra rivers having gross area of 31,600 ha out of which net area is 23,470 ha. The original idea behind the Subproject was to provide flood control and drainage to Nrail Sadar and Kalia upazilas under Narail district and Avainagor upazila under Jessore district from flooding mainly by Chitra river. In this region two FCD schemes were completed by BWDB, these are Singia Nebugati Beel Drainage Scheme (8,500ha) completed in the year 1984 and Mulia-Patharghata Beel Drainage Scheeme (4,600ha) completed in the year 1981. These two schemes are included within the area of Narail Sub-Project, which needs rehabilitation.

27. The main objective for rehabilitation of the sub-project is to increase agriculture production, farm incomes and employment opportunities by improving water management facilities and the capabilities of the beneficiaries to manage the facilities. The improved facilities will be made effective by controlled flooding and drainage through compartmentalization. Proposed interventions for rehabilitation are (i) re-

4 Northern districts along the Gorai River and its tributaries, including Narail, Jessore, Magura, Faridpur and Rajbari districts. The

sub-region is extensively covered by existing embankment systems placed by BWDB. 5 Chencuri beel and Narail subprojects in Narail district.



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sectioning of 10km existing embankment (ii) construction of 17km new embankments on Afra right bank and on both banks of the Gobra khal, (iii) excavation 0.5km new drainage channels (iv) re-excavation of 227km existing channels (v) construction of 14 regulators (vi) rehabilitation of 7 regulators (vii) construction of 16 water retention structures and 4 inlet/outlets, (viii) construction of 4 check structures and (ix) formation of 6 compartments with necessary control structures.

28. The proposed new interventions will cause adverse social impacts and in some instances would require land acquisition and resettlement of affected households and businesses. This Resettlement Plan (RP) is designed to assist the households to be displaced or affected due to undertaking of the sub-project in their homestead, shops, fish farms, and betel leaf baroj.

1.2 Preparation of the Resettlement Plan

29. The PPTA team consisting of an international resettlement specialist, local consultants and NGO personnel having previous experience in involuntary resettlement conducted an initial social assessment (ISA) in mid July 2004. This was followed by census/ socioeconomic survey in August 2004 for information necessary for preparation of the RP. The negative impacts includes displacement of households, ponds/ghers, shops, betel leaf baroj, etc. and vacating of agriculture and fallow land. The resettlement surveys generated database on resettlement impact in terms of inventory of assets to be affected, persons to be affected in their dwelling and livelihood resources and community and civic amenities. An experienced NGO6 was involved to carry out the survey with close supervision of the local resettlement specialist. The key objectives of the socioeconomic surveys were to create a detailed inventory of the households and physical assets to be affected by the project; develop a profile of the affected persons (APs) for their income, livelihood resources, demography, etc. obtain the views of the affected people on likely benefits and adverse effects of the project provide or contribute to a benchmark for project and resettlement monitoring and evaluation.

30. The surveys estimated 1135 people experiencing major impact (PEMI) in 181 households to be displaced or affected with their productive and livelihood resources. The adverse impacts due to undertaking of the programmes under the sub-project will displace 500 persons in 100 households. The interventions will also displace 30 shops, 11 community structures, 3 Hindu burial tombs and remove 8 ponds, 8 ghers and 16 betel leaf barojes. Additional 71 households will be affected for loss of ponds, ghers and betel leaf barojes. About 64 households, 4 SBEs, 2 CRPs, 8 ponds/ghers and 7 borojes will be partially affected and will not need relocation. The impact is significant (PEMI>200)7 and a full resettlement plan has been prepared to mitigate resettlement impacts to the project affected people and restore their income at the pre-project level.

31. This full RP is based on the land acquisition laws of the Government of the People's Republic of Bangladesh (GOB), the ADB‟s policy on involuntary displacement8 and the results of the socioeconomic survey conducted in August 2004. The RP is prepared following the resettlement framework and stipulates provisions for resettlement of the persons affected by land acquisition and/or project intervention; providing relocation, resettlement, and income restoration assistance to the poor and vulnerable households and compensation under law.9 The RP will be reviewed at detailed design stage and updated by the EA. However, the budget will be revised during implementation of the RP for any deviation of the inventory of losses.

6 Polli Unnayon Andolon (RDM) with technical assistance from Rural Management Consultants Ltd. (RMC). 7 Asian Development Bank, Involuntary Resettlement, Operation Manual, Section F2/BP, 29 October 2003. 8 Asian Development Bank, Policy on Involuntary Resettlement, 1995 9 Acquisition and Requisition of Immovable Property Ordinance 1982 and subsequent amendments of earlier legislations.



Narail Subproject 3

2 Scope of Land Acquisition and Resettlement

2.1 Scope of and Rationale for Land Acquisition

32. The subproject interventions requiring land include construction of 12.5 km flood control embankment on the right bank of Afra river from Sheikhhati to Durbajuri at Jessore-Narail highway. The embankment on the Afra right bank will take a base width of 27m without berm. Construction of a total of 4.00km flood control embankment on both banks of Gobra Khal will need an average base width of 22m at one bank and 24m in the other without berm. The project requires a total of 42.95 ha land; 33.75 ha in Afra right embankment and 9.20 ha in Gobra khal embankments on both banks (Table 2-1).

Table 2-1: Land requirement for sub-project schemes

Interventions Size of

interventions Total land to be acquired (ha)

Total estimated agri-land to be acquired (ha)

Afra right bank embankment 12.50kmX27m 33.75 16.875

Gobra khal embankment 2.0kmX24m 2.0kmX22m

9.20 4.600

Total 42.95 21.475

33. The sub-project programmes have been identified through participatory approaches primarily in Phase I through Public Participation Survey (PRRA/FGD/Consultation) and finally in phase II through similar approach. The embankments will save vast areas from flooding and salinity intrusion and ensure increased production of cereal especially paddy. The embankments will also be used as roads for easy transportation and movement connecting markets and growth centres. There should be departmental coordination as Local Government Engineering Department (LGED) is also working in the area for rural roads development. The land necessary for construction of flood control embankments is largely private and more than half of the land is agricultural.

2.2 Measures to Minimize Land Acquisition and Displacement of People

34. During the resettlement survey for identified interventions, people have been adequately consulted to minimize extent of displacement and land acquisition. The embankment at Afra right bank takes the existing LGED road (600 m at Mulia bazaar point and 1215 m from Ichorbaha to Durbajuri at Narail - Jessore Road).

35. Socioeconomic survey for assessment of land acquisition and resettlement impact was conducted in the field before topographic survey. The census/survey were carried out on a tentative 27m wide right of way for Afra right bank embankment and 22/24m wide right of way for Gobra khal embankments. Land acquisition and resettlement impact might be a little bit different when the design will be finalized and the land plan and resettlement data will be adjusted for final design of the project.

2.3 Key Effects of Land Acquisition

36. Construction of Afra Right Embankment and Gobra Khal Embankments under the subproject will involve 42.95 ha of land under Narail district affecting about 1213 people in physical establishments and 1282 in agricultural lands. The adverse impacts due to construction of the two embankments will displace 500 persons in 100 households. The interventions will also displace 30 shops, 11 community structures, 3 Hindu burial tombs and remove 8 ponds, 8 ghers and 16 betel leaf farms (barojes).



Narail Subproject 4

Additional 71 households will be affected for loss of ponds, ghers and barojes. About 64 households, 4 SBEs, 2 CRPs, 8 ponds/ghers and 7 borojes will be partially affected and will not need relocation. However, the affected households and other units will need assistance for relocation and re-establishment of their houses/structures to new locations or on remaining land.

Table 2-2: Project impacts and displacements

Impact Category Number of project affected physical units Number of affected units to be

displaced Affected population

Total units Attached households FCE-Afra FCE-Gobra Total Male Female Total

Households 164 164 71 29 100 430 385 815

SBEs 35 34 14 16 30 111 77 188

CRPs 13 0 10 1 11 0 0 0

Ponds 12 8 5 3 8 17 15 32

Shrimp ghers 12 9 8 0 8 25 26 51

Betel leaf baroj 23 20 8 8 16 65 62 127

Burial Tombs 3 0 0 3 3 0 0 0

Total 262 235 116 60 176 648 565 1213


37. On vulnerability context woman heads a total of 7 households and there are 24 occupied and sheltered units, 9 tenants and only 1 squatter. The resettlement requirement also involves 155 agri-land losers and 11 sharecroppers affecting 1282 people indirectly. A total of 28 agriculture land losers are estimated to be vulnerable. In all 1135 persons are estimated to experience major impact in the subproject.

Table 2-3: People Experiencing Major Impacts

People Experiencing Major Impact (PEMI) Population associated with major impacts

No. Population

Households to be displaced 100 500

Households losing non-agri productive sources 54 425

Households losing more than 10% of their income from agriculture 28 210

Total 182 1135

38. In terms of physical assets, the subproject will affect 94,056 sft of house structures and 27,552 trees of various size and species. Land area to be affected in the project used for fishpond/shrimp gher and betel leaf farm is 15.43 acres.

2.4 Primary Responsibility of Land Acquisition and Resettlement

39. Primary responsibility of land acquisition and resettlement lies on the Bangladesh Water Development Board (BWDB). However the Project Management Office (PMO) of the BWDB will coordinate and execute land acquisition process through respective Deputy Commissioner's LA section. The PMO will appoint an experienced NGO for implementation of the Resettlement Plan for proper resettlement and rehabilitation of the project affected people before and after relocation.

40. The BWDB will prepare land acquisition proposals and submit them to the Land Acquisition (LA) section of the Deputy Commissioner's Office, Narail after approval of the project by the Government of the People's Republic of Bangladesh. About a year will be required to process land acquisition by the DC. The BWDB shall ensure that the eligible persons are paid their due compensation before taking over land for civil construction. The implementation framework identifies the various milestones of the compensation process (figure-2).



Narail Subproject 5

41. The BWDB will carry out follow up census/survey to assess resettlement impact after detailed design and update the resettlement plan to mitigate any negative impact. In addition, it will take necessary measures to enhance or restore income and livelihood of the people after resettlement.

42. The BWDB, upon approval of the project from ADB and GOB, and finalization of the detailed design and the RP, will prepare land acquisition proposal (LAP) through SMO with the help of the TA consultants and submit to the DC for proceeding land acquisition. During preparation of the LAP, the TA consultants will assist BWDB in assessing market price of land taping formal data from the sub-registrars' offices and informal data through formal community consultation in presence of the elected representatives of Union Parishads, SMO and PMO level executive engineers. The recorded price from sub-registrar's office will be collected in a pre-designed format certified by the sub-registrars concerned. The SMO will produce the LAP along with the certified land transaction data with the period of transactions and a request to review while fixing price of land. The BWDB representative at the SMO should also accompany representative from the TA consultants in Joint Verification and Price fixation process by the Deputy Commissioner.



Narail Subproject 6

3 Socioeconomic Information

3.1 The Sub-project Area

43. The Narail district has a gross land area of 1004 square kilometer with a total population of 8.15 million giving an average population density of 812. About 90% of the district's population lives in rural areas. Total number of farm households is 94520 and marginal and small farmers are the largest category of farm households covering 48% of the farm population. Landless farm households account for 11% of the farm population. The sub-project interventions are located in Narail Sadar upazila. Narail Sadar upazila has a population of 3.06 million with an average population density of 804 only10.

44. The general topography of Narail district is slopes from north to south with elevation ranging from 6.5 m PWD to 1.5 m PWD. The highest land is found along the Narail-Magura district boundary while the lowest elevation is located around the Chitra-Navoganga confluence. Land also slopes from the east and west towards the centre forming a depression along the centre of the district. The Narail sub-project area is physically separated from Chenchuri Beel sub-project by the cross cutting Chitra river through the district. The river systems, which govern the flood hydrology of Narail district, include the Gorai-Madhumutii, Navoganga, Chitra, Afra and Bhairab rivers. Narail district experiences the sub-tropical monsoon climate typical of Bangladesh, with hot wet summers from May to September and cooler dry winter months.

45. The service sectors in Narail district makes the largest contribution to the GDP (45%) followed by agriculture, and industry. The most dominant economic activity in the agriculture sector is crop production accounting for 76% of agricultural GDP followed by fisheries, livestock production and forestry. The most important industrial activities in the district are manufacturing an agro-processing. Agriculture provided the largest number of employment opportunities in 1999/2000 accounting for over 70% of the labour force. The agricultural work force consists primarily of landless labourers and marginal / small farmers11.

3.2 Socioeconomic Survey

46. A socioeconomic survey (SES) in the subproject was carried out in August 2004 to assess the likely impacts due to land acquisition in the sub-project interventions and identify measures for mitigation of adverse impacts through a properly designed resettlement plan. An initial social assessment was made in mid July 2004 to assess the requirement of survey work for making of full inventory of households and assets within the rights of way in each intervention under the sub-project. The socioeconomic survey included (i) full census of households and other physical units (shops, community units, ponds, ghers, etc.) (ii) census of sampled agricultural plots, (iii) detailed socioeconomic survey on sampled households, commercial structures, and agriculture plots, (iv) surveys for land valuation, and (iv) public consultation. The SES identified the households and establishments within an average 27m wide right of way (ROW) for embankments on Afra right bank and an average 23m wide ROW in the Gobra Khal. In addition to that, video film of all structures on the sub-project interventions' ROWs was prepared to check any fraudulent claim in the future.

10 Population Census 2001 (Provisional), Bangladesh Bureau of Statistics. 11 District Level Integrated Water Resources Management Plan-Narail District, Phase I (Interim) Report, Southwest Area Integrated

Water Resources Management Project, March 2004.



Narail Subproject 7

47. The SES collected a wide range of data, for example, demography, age/sex distribution, education, occupation, income/poverty data, types of small business enterprises (SBEs including ponds/ghers/baroj), types and ownership status of affected structures and other assets. The database provides a detailed picture of the social and economic impacts and has been used for RP preparation, its management, implementation, and monitoring.

3.3 Profile of the People Affected

48. The sub-project interventions will affect 235 households where 100 will be displaced from homestead and 71 others will loss their productive and livelihood resources. The census survey in the sub-project programmes identified 184 households, 35 shops, 13 community units, 12 ponds and 12 shrimp ghers (Table 3-1). Of the total households to be affected women head 7 households (about 3%). However, the shops affected are owned and operated by male persons. Hindus are dominant in the impact area of the sub-project interventions and constitutes about 82% of the total population to be affected.

Table 3-1: Affected persons and impact category

Impact Category Number of project affected physical units Population attachment by

religion Leadership in affected physical units

by gender

Total units

Attached households

Attached population

Islam Hinduism Male Female

Households 164 164 815 135 680 158 6

SBEs 35 34 188 58 130 35 0

CRPs 13 0 0 0 0 13 0

Ponds 12 8 32 7 25 7 1

Shrimp ghers 12 9 51 5 46 9 0

Baroj 23 20 127 10 117 20 0

Somadhi 3 0 0 0 0 0 0

Total 262 235 1213 215 998 242 7

Percentage (%) 17.72 82.28 97.19 2.81


3.3.1 Socio-demographic Characteristics

49. A total of 500 people will be relocated from the right of way land with 100 households. Average household size is 5.16 close to the national figure (5.00 persons). The families under the hard-core poverty line constitute about 29 percent of the total affected households. The survey found only seven (7) housewives with some gainful employment. It identified 68 widows and 3 divorced women. Literacy rate among the affected population excluding minors (>10 yrs) is about 57 percent, which is higher than the district literacy estimated in the year 1991 (35.56 percent). 12

12 Statistical Year Book of Bangladesh 2000.



Narail Subproject 8

Table 3-2: Population in structure losing households by gender

Impact Category Physical units to be

Population attached to affected units

Population to be displaced Household size

affected displaced Male Female Total Male Female Total

Households 164 100 430 385 815 266 234 500 4.97

Small Business Enterprises

35 30 111 77 188 5.37

Ponds 12 8 17 15 32 2.67

Ghers 12 8 25 26 51 4.25

Baroj 23 16 65 62 127 5.52

Somadhi 3 3 0 0 0 0.00

Total 249 165 648 565 1213 266 234 500 5.16

Percentage (%) 53.42 46.58 53.20 46.80

3.3.2 Occupational Profile of the People Affected

50. Agriculture is the dominant occupation of the to be affected population in the Narail Sub-Project area. Ninety four percent of the working women are housewives and they constitute about 43 percent of the total working force among the to be affected population. Wager labourers are the second largest class while business comes after that. However, service and fishing are also important sources of income of the impact population. Working population constitutes about 58 percent of the total population to be affected. Table 3-3 presents an overview of the occupation details of the impact population. Among the male population 56% are involved in agriculture, 11 percent in business, 20 percent wage labour, 6 percent fishing, and the rest include service, domestic and skilled work. Many have secondary occupations, particularly those involved in agriculture, technical/ traditional occupation, and wage labor to supplement their incomes. Forty two percent (42%) of the population are not involved in any direct income earning activity and are dependent on the employed working population.

Table 3-3: Occupational data of possible APs

Occupation/ sources of income Male % Female % Total %

Earning population

Secondary occupation

Employed work force 59.04 57.60 58.37 32.98 39.83

Agriculture 214 56.02 0 - 214 30.23 214 129

Business 44 11.52 1 0.31 45 6.36 44 21

Domestic work 0 - 11 3.37 11 1.55 11 3

Fishing 22 5.76 0 - 22 3.11 22 42

Housewifery 0 - 307 94.17 307 43.36 0 6

Service 19 4.97 3 0.92 22 3.11 22 4

Skilled work 7 1.83 1 0.31 8 1.13 8 8

Wage labour 76 19.90 3 0.92 79 11.16 79 69

Sub-total 382 100.00 326 100.00 708 100.00 400 282

Non-working population 40.96 42.40 41.63 1.39 0.99

Disabled 15 5.66 46 19.17 61 12.08 0 -

Unemployed 11 4.15 10 4.17 21 4.16 0 -

Retired 8 3.02 9 3.75 17 3.37 5 2

Student 104 39.25 67 27.92 171 33.86 2 3

Minor 127 47.92 108 45.00 235 46.53 0 0

Sub-total 265 100.00 240 100.00 505 100.00 7 5

Total 647 566 1213 407 31

Source: Socioeconomic survey, August 2004



Narail Subproject 9

3.3.3 Income and Poverty Dimensions

51. Based on the total stated income, the households to be affected in their homestead, shops, ponds and shrimp ghers were classified broadly into four income groups. Forty five (45%) of the households have income below the absolute poverty line. About 29 percent of the households are living below the hard-core poverty line. About 55 percent households have some moderate income. The results translate that 45 percent of the households to be affected live on less than dollar-a-day income (Table 3-4).

Table 3-4: Monthly household income and economic status

Impact category Units Total units affected

Households attached (to be

affected or displaced)

Income brackets (Taka per household per month)

< 2550 2500 - 3600 3600 - 5000 >5000

Households Nos. 164 164 59 32 24 49

% 35.98 19.51 14.63 29.88

SBEs Nos. 35 34 6 2 7 19

% 17.65 5.88 20.59 55.88

Ponds Nos. 12 8 1 2 3 2

% 12.5 25 37.5 25

Shrimp gher Nos. 12 9 0 0 2 7

% - - 22.22 77.78

Baroj Nos. 23 20 3 1 2 14

% 15.00 5.00 10.00 70.00

Total Nos. 246 235 69 37 38 91

% 29.36 15.74 16.17 38.72

3.3.4 Gender Issues

52. The workforce in the affected population constitutes 46 percent women where only 6 percent of the workingwomen were identified who are involved in some gainful income earning activities. Women are largely housewives and are not recognized income earner though they are extensively involved in household chores. Of the total 235 households to be affected by project interventions, 7 were identified as headed by women. Male/Female ratio in the affected population with physical establishments is 114, which is higher than the district average (102). Rate of literacy among the women in surveyed households were found to be 48 percent (excluding infants >7 yrs) against 66% that among the male. The women are unable to utilize their time and labor more economically in productive activities due to the absence of support for income-generating activities.

Table 3-5: Gender distribution of the affected population

Issues Unit Total Male Female Remarks

Population to be affected Nos. 1213 648 565

Households to be affected Nos. 235 228 7

Literacy rate of the population to be affected (above 10 years)

% 53 62 42

Recognized work force among the population to be affected

Nos. 708 382 326

Dependent population among the population to be affected

Nos. 505 265 240

Students Nos. 171 104 67

Hard core poor population Nos. 356 189 167

Population to be displaced Nos. 500 266 234



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53. Women in poor households and households with no adult male members are in vulnerable situation due to lack of security in their economic and social position. There is no major disparity in sending the children to schools.

3.3.5 Farm Size of People Affected

54. In terms of farm size, 2.33 percent are landless, 25.58 percent small farmers, 9.30 percent are medium farmers, 51.16 percent are large farmers and 11.63 percent are very large farmers. The ratios of the households under different farms size will change after acquisition of land for project implementation as shown (in the Table 3-6). Changes in farm size due to acquisition are more evident in the small and medium size farmers.

Table 3-6: Land holding and residual land of the agri-land losing households

Farm size of the affected households

Households to be affected in each category of households by farm size

Number of households with acquisition of land

Households after acquisition in the farm

categories

Sample Nos. % Project total Less than

10% More than 80%

Sampled nos.

%

<0.50 1 2.33 4 3 0 4 9

0.50-1.50 11 25.58 40 14 3 10 23

1.50-2.50 4 9.30 14 7 3 5 12

2.50-7.50 22 51.16 79 55 0 19 44

>7.60 5 11.63 18 17 0 5 12

Total 43 100.0 155 96 6 43 100

Percentage

(%) 61.94 3.87

3.4 Asset Inventory and Assessment of Losses

3.4.1 Ownership of Land for Homestead and Other Structures

55. Most of the households to be affected in the sub-project interventions along with their homestead and other structures own the land on which their households, shops and other structures are constructed. Only about 9.54 percent of the structure units are on occupied land (tenants, squatter1, leaseholder, etc.). Tenants include 2 households, 6 shops and 1 baroj (Table 3-7). The ponds and ghers are on owned land.

Table 3-7: Ownership of land for homestead and other structures

Category of affected units

Owner Occupant/

sheltered/Squatter Tenants

Total

Nos. % Nos. % Nos. %

Households 150 91.46 12 7.32 2 1.22 164

SBEs 17 48.57 12 34.29 6 17.14 35

CRPs 13 100.00 0 - - 13

Baroj 22 95.65 0 - 1 4.35 23

Ponds 11 91.67 1 8.33 - 12

Ghers 12 100.00 0 - - 12

Somadhi 3 100.00 0 - - 3

Total 228 87.02 25 9.54 9 3.44 262

3.4.2 Physical Structures to be Affected

56. Almost all dwellings and other physical structures (97%) on right of way including house structure, pond, shrimp ghers, and community structures are privately owned. Users lease in structures of only 2 households, 2 shops, 1 gher and 1 pond. Dwellings are largely kuccha (78%) houses – made with wood, bamboo and straw with




corrugated tin roof. The total floor area of the affected structure is about 94.05 thousand square feet. In terms of construction materials 4 different categories of structures are identified. Straw made structures constitutes only 10% of the total affected structure. However, 3.25% of the structures are pucca and 8.63% are semi-pucca. Table 3-8 presents the type and volume of structure might be affected due to the project.

Table 3-8: Structures to be relocated from the right of way

Structure type

Afra Embankment Gobra Khal Total

Percent (%)

Nos.

Floor Area (Sft)/Pond Size

(acre) Nos.


(acre) Nos.


(acre)

Pucca structure13 17 2472 14 583 31 3055 3.25

Semi pucca structure 14 4646 6 3470 20 8116 8.63

Katcha structure 221 54059 83 19062 304 73121 77.74

Thatched structure 56 7563 20 2201 76 9764 10.38

Total 308 68740 123 25316 431 94056 100.00

Ponds (acre) 9 1.77 3 0.5 12 2.27 14.71

Gher (acre) 12 6.71 0 0 12 6.71 43.49

Baroj (acre) 11 2.55 14 3.9 25 6.45 41.80

Total (acre) 32 11.03 17 4.4 49 15.43 100.00


57. Land area identified under ponds, ghers and betel leaf baroj is 15.43 acres of which 11.03 acres is in Afra right embankment right of way. Twelve (12) ghers are identified in Afra right embankment right of way only. Total pond and gher area in Gobra khal embankment is only 4.4 acres.

3.4.3 Affected Agricultural Land

58. About 50 percent of the project right of way will pass through agricultural land. The rest are homestead or fallow land. In absence of specific design and a land schedule for the interventions, a tentative right of way was taken for a census of sampled plots in each of the interventions. In Narail district only few households own maximum of the lands and sharecropping by marginal farmers or landless is a common phenomenon in the area. According to the sampled survey, about 8.04 acres of land might be under tenant contract farming and 28 owners might be vulnerable in terms of loss of agricultural income due to acquisition. Acquisition of agricultural land will be affected 1282 people in 166 households.

Table 3-9: Tenancy and APs with agricultural land to be acquired

Subproject schemes

Land to be acquired

(acre)

Quantum in sampled agri-plots

(acre)

No. of owners in sample plots

Total agri-land to be acquired

(acre)

Number of households

attached

Land under TCF Number of TC Farmers

Sampled Projected No. of TCF Households

Population attached

Afra Embankment

83.36 9.56 31 41.68 135 1.64 7.15 9 63

Gobra Khal 22.73 6.99 12 11.365 20 0.55 0.89 2 16

Total 106.09 16.55 43 53.045 155 2.19 8.04 11 79

59. Total population attached to agricultural land to be acquired is 1203 and male/female ratio is 110. Average household income of the agri-land losing household is Tk. 82,365 per year. Households under the absolute poverty line is 18.71 percent while households under the hard-core poverty line is 14.19 percent. These results provide that

13 Includes 3 tombs (Hindu burial stone)




19 percent of the agri-land losing households live on less than dollar a day income. Household losing more than 10% of their agriculture income constitutes about 17 percent of the total affected households (Table 3-10). However, the vulnerable households constitute only 15 percent.

Table 3-10: APs with loss of income due to acquisition of agriculture land

Subproject schemes

Project population (projected on total land)

Income bracket (Taka per households per month)

Average household

income per year (Tk.)

Agriculture income loss

Male Female Total <2550 2550-3600

<3600 >10% Vulnerable

Afra Embankment

551 500 1051 12 7 116 90,968 17 18

Gobra Khal 80 72 152 10 0 10 60,000 10 10

Total/Average 631 572 1203 22 7 126 82,365 27 28

Percentage (%)

52.45 47.55 - 14.19 4.52 81.29 17.42 15

60. About 53.045 acres of agricultural land will be acquired for the subproject interventions. About 82 percent of the agri-land losing households will be losing up to 10% of their total agricultural land.

3.4.4 Affected Plants and Trees

61. A total of 27,552 trees and saplings 7,425 on homesteads and 20,127 on fallow land are going to be affected by land acquisition. Felling down these trees will barren the area and immediate re-plantation will be required to balance the environment within a short span of time. Date type trees are significantly available in the sub-project area. Molasses from palm tree juice are also plentiful in the area.

Table 3-11: Plants and trees to be affected

Category of trees On homestead On fallow land Scheme distribution

Total Afra Embankment Gobra Khal

Fruit trees 1,049 978 731 318 2,027

Timber trees 1,323 5,130 900 423 6,453

Bamboo 2,456 6,194 1,741 715 8,650

Palm/date/nut trees 2,220 3,634 1,303 917 5,854

Banana trees 311 4,184 160 151 4,495

Herbal 66 7 55 11 73

Total 7,425 20,127 4,890 2,553 27,552

3.5 Common/Community Resources Property

62. The common/community structures to be affected by the subproject include playgrounds, family idol house, informal schools, and prayer house counting 11 with scopes for relocation with project assistance.

3.6 Project Impact on Poor and Vulnerable Groups

63. The households to be displaced from project right of way include 69 hardcore poor households, 12 squatter and 2 rented families. In addition, around 28 households are estimated to be vulnerable attached to agricultural land to be acquired. The vulnerable groups include 6 women headed households to be displaced. A total of 122 persons/families are anticipated to be vulnerable. The project will not affect any indigenous people or ethnic minorities. However, the agricultural land-losers are supposed to be identified after the land acquisition is done.




Table 3-12: Vulnerability of project affected people

Vulnerability consideration Nos.

Women headed households to be relocated 6

Hardcore poor and squatters/rented households 83

Agri-land owners losing more than 10% of their income from agriculture (as

per sample survey) 28

Other vulnerable households for diminished business 5

Total vulnerable households 122

3.7 Special Measures for Vulnerable Groups

64. Vulnerable groups to be affected in the subproject include (i) women headed households and (ii) hard core poor households to be displaced, and (iii) poor households losing more than 10% of their income due to the acquisition of agriculture land. Special assistance will be required to support these vulnerable groups and the resettlement plans provides additional assistance for women headed households for their relocation, opportunity for training and income restoration through facilitating credits, etc.

3.8 Types of Losses and Impact Category

3.8.1 Types of Losses

65. The types of losses include (i) loss of homestead land; (ii) residential/ commercial/ community structures and trees; and (iii) loss of work days/incomes due to dislocation and relocation of vulnerable households, (iv) loss of agricultural land, (v) loss of ponds/ghers (cultivated), (vi) loss of betel leaf baroj, (vii) loss of rental income and (viii) loss of access to land (agriculture, pond, gher, baroj) and structure (residential, commercial). In fewer cases the households and other physical structures including ponds and shrimp ghers will be insignificantly affected and will simply be shrunk.

3.8.2 Various Impact Category

66. The resettlement framework recognizes four broad categories of affected persons in this project. The categories often overlap and the impact may vary depending on ownership of assets, income and vulnerability. These include:

i) Project-affected households- households to be fully or partially relocated or losing land and / or other productive resources of sources of income to the subproject.

ii) Occupiers/sheltered/squatters-households/shops without title to land but

structure and using GOB or other's private land on the right of way.

iii) Occupied pond/ghers- on the right of way those are leasing in ponds or ghers from private owners and cultivating fish/shrimp with their own investment.

iv) Shops/Small business enterprises- on the right of way that includes

shops/kiosks, and small grocers shops.

v) Tenants - persons renting in others premises or cultivating others private land on or without condition. These persons are sharecroppers, leaseholders or mortgagees of right of way agricultural land or renters of house/commercial structures.




vi) Vulnerable groups - such as female-headed households and households having income below the hardcore poverty line needing relocation from the right of way or affected with their agricultural land due to the proposed acquisition.

vii) Common property resources (CRP) - common property resources to be affected

in the sub-project include mosques, Hindu temple, playground, graves or cremation ground, etc.




4 Objectives, Policy Framework and Entitlements

4.1 Purpose and Objectives of Land Acquisition and Resettlement

67. The Narail Subproject in Narail district under the Southwest Area Integrated Water Resources Planning and Management Project include construction of 16.5 km flood control embankments to protect vast areas from flooding and salinity intrusion. The construction will involve acquisition of land and displacement of people with the lowest possible quantum. This Resettlement Plan (RP) has been prepared based on the resettlement framework for subprojects covering land acquisition and resettlement issues within the legal framework of the GOB and ADB‟s policy on involuntary resettlement. The RP covers rehabilitation program providing income restoration and poverty reduction assistance to the poor and vulnerable APs. Thus, the RP approach incorporates (i) land acquisition and resettlement issues; (ii) impact mitigation with special attention to the women and vulnerable groups and (iii) income generating support to the members of the AP families under a poverty reduction program.

68. The main principles of the RP are to (i) minimize negative impacts in consultation with the design engineers and the APs; (ii) closely consult the affected persons on RP policy, needs assessment, poverty and rehabilitation issues; (iii) carry out resettlement activities to improve or at least restore the pre-project living standards of the affected persons;14 (iv) provide compensation for affected property at market price prior to relocation and carry out rehabilitation of the poor and vulnerable APs under a poverty reduction program.

4.2 Legal Framework for Land Acquisition

69. The Acquisition and Requisition of Immovable Property Ordinance (1982) will be applied for this project including its subsequent amendments during 1993-1995. The project at the detailed design stage will take all measures to reduce the amount of land acquisition and population displacement to the minimum, taking into account the need for the project and suggestions of the local people. The Acquisition and Requisition of Immovable Property Ordinance governs all cases of acquisition and requisition by the government of immovable property for any public purpose or in the public interest. The owners affected by such acquisition are eligible to compensation for (i) land and assets permanently acquired (including standing crops, trees, houses); and (ii) any other damages caused by such acquisition. In determining the compensation, the Deputy Commissioner (DC) considers the recorded price of land transaction of the past 12 months in the project area, plus a 50 percent premium on the assessed value of the property for compulsory acquisition.15 The 1994 amendment made provisions for payment of crop compensation to tenant cultivators. The Ordinance, however, does not cover project-affected persons without titles or ownership records such as informal settlers/squatters. Further, the compensation paid does not constitute market or replacement value of the property acquired.

14 Affected persons include those to be displaced from the ROW as well as those losing their landholding or use rights or means of livelihood

without relocation. 15 The solatium was raised from 25 percent to 50 percent through an amendment in 1993.




4.3 Land Acquisition and Resettlement Policy Framework

4.3.1 Bridging Gaps between ADB Policy and GOB Laws

70. The 1982 Ordinance is the only law that provides clearly defined compensation for land acquisition for development projects. At present, there are no legal provisions in the country to compensate for eroded land. But khas lands should also be acquired when a LA case contains both khas land and private land. If the total land is khas, the land will be transferred through inter-ministerial meeting but LA proposals should also be prepared and submitted to DC. In the absence of a national policy consistent with ADB policy on involuntary resettlement,16 this resettlement framework has been prepared as major differences between Bangladesh legal framework for land acquisition and ADB's involuntary resettlement policy safeguard are identified (Table 4-1). The framework stipulates eligibility and provisions for all types of land losses (floodplain, bankline, eroded land) and associated crops/trees, structures, business/employment) within the right-of-way and are assimilated in similar projects in the country. Since land-for-land would not be a feasible option in a land scarce country like Bangladesh, owners of acquired land will be compensated at full replacement cost. Affected households compensated by the DC for lost assets will receive (i) additional cash grant to match replacement value, and (ii) other resettlement assistance such as shifting allowance, construction cost, compensation for loss of workdays/income due to dislocation. Female-headed households and other vulnerable households will be eligible for further cash assistance for relocation and resettlement. The Government of Bangladesh adopts similar approaches for resettlement of project affected people in donor-funded projects and so is under process by BWDB.

Table 4-1: Measures for Compliance of ADB Policy and GOB Laws

LA&R Issues Covered by GOB Laws Measures as per ADB Guidelines

A. Assessment of losses and identification of owner(s)

1. Land and physical property on the acquired area

The DCs will conduct joint verification with the BWDB at SMOs and categorize land by types, any assets thereon as well as identify the legal owners of physical assets.

The BWDB with assistance from an independent agency will prepare a population record (to be updated at detailed design stage) and socioeconomic surveys of identified households to assess the losses and identify owner(s) of acquired assets. In addition, an independent NGO as a member of Joint Verification Team will confirm the joint verification data of physical property for implementation adequacies.

2. Livelihood and income opportunities

GOB laws of acquisition of land and property do not take into account loss of income and employment.

Loss of income and employment will be identified through census and socio-economic survey conducted by independent agency.

3. Non-titled owners: Squatters/ Illegal occupants

Laws of land acquisition may or may not recognize the squatters on khas land and do not recognize illegal occupants.

Squatters and illegal occupants / encroachers will be recognized as owners of structures they live in through census and socioeconomic survey conducted by an independent agency.

4. Social dislocation and vulnerability

Laws of land acquisition do not consider social dislocation due the acquisition or vulnerability therein

Social and emotional disturbance due to dislocation from original place of residence and physical, gender, social and economic vulnerability will be considered.

B. Assessment of compensation and valuation

5. Land (agricultural, homestead and commercial)

Deputy Commissioners will consider recorded price for the preceding one-year period and average the sales prices for compensation. The award includes an additional 50% as premium on the assessed price due to compulsory acquisition.

A land market survey will be conducted by independent agency through structured survey and consultation for assessing the current market price of land. A Property Valuation Advisory Team (PVAT) will recommend a replacement value and additional payments will be paid directly to owner(s) of acquired property over all above the compensation under laws.

6. Tree, crops, perennials

Prices from the Forest Department and Agricultural Extension will be used for compensation of affected trees and

The DC price will be reviewed and additional value will be added to ensure the market price. The PVAT will recommend the replacement price of trees and crops.

16Involuntary Resettlement Policy, ADB, Manila, November 1995.




LA&R Issues Covered by GOB Laws Measures as per ADB Guidelines

standing crops.

7. Structure & non-structure assets, etc.

Price from the Public Works Department (PWD) will be considered to assess the prices of different structures.

The PWD price for different types of structures will be reviewed and the PVAT will also conduct valuation to recommend the real market price of structure at replacement cost.

C. Compensation Entitlements

8. Loss of land, structure, tree, crops, etc.

Assessed market price of land and other immovable property and a 50% premium on that to legal owners. Removal cost @12.5% of the assessed value of movable assets Crop compensation to legal owners and tenants having a legal agreement with land owner Auctions out the salvaged materials.

Market price of land, structure and tree at replacement cost assessed by PVAT will be ensured through additional payment to the owner(s) identified by census and socioeconomic survey by an independent agency Stamp duty and registrations cost will be reimbursed for purchase of replacement land within stipulated time and up to the replacement market value determined by PVAT. Assistances will be given for shifting and reconstruction of structure. An additional shifting allowance will be given to the affected female-headed households. Price of crops will be paid to share croppers either having a lease agreement or not as recognized in census / socioeconomic survey. Salvaged materials will be allowed to free of cost.

9. Livelihood and income opportunities

No provision for loss of income and employment.

Cash assistance for subsistence during relocation of households Cash assistance for loss of business/farm and rental income to APs Training, credit support for income-generation and employment in civil works to poor and vulnerable APs.

10. Informal settlers and squatters (non-titled owners)

No provision for loss of structure of informal settlers or squatters other than on khas land.

Replacement price of structure, and alternative housing assistance will be provided to the owners identified through census by an independent agency. Shifting and reconstruction assistance will be provided as structure owners; Training and credit will be facilitated for income-generation and employment to civil works

11. Social dislocation and vulnerability

No assistance Options for relocation of the APs will be considered for resettlement; Renovation and extension of community facilities in host areas will also be provided where there are needs. Special assistance is provided to female-headed households and other vulnerable groups Income restoration assistance will be provided to vulnerable project affected households

4.3.2 Principles, Legal and Policy Commitments

71. The affected households and informal settlers will be entitled to a combination of resettlement benefits and income restoration assistance, depending on the nature of ownership rights of lost assets and scope of the impact, including social and economic vulnerability of the affected persons. The legal and policy commitments of the BWDB depending on different categories of impact include (i) compensation for loss of land, crops/trees; (ii) compensation for structures (residential/commercial) and other immovable assets at replacement cost; (iii) shifting/relocation assistance; (iv) house construction grant, and (iv) assistance for loss of work days/wage income. BWDB is committed to assist the APs in their self-relocations approaches through financial and institutional supports. In addition, the BWDB will provide capacity enhancement and facilitate financial support to ensure income restoration by the affected households.




4.4 Eligibility Policy and Entitlement Matrix

72. Recognizing all identified losses and impacts through the socioeconomic survey conducted by RDM in August 2004, mitigation measures and compensation packages have been devised and an entitlement matrix (Table 4-2) has been formulated. The households and individuals losing land and or other property to the project and affecting with their place of employment or income will be eligible for compensation and entitlements from the BWDB under the subproject. The vulnerable households will be provided with extra support for homestead development and reconstruction those will be relocated and for income substitution those will lose agriculture land. In addition to the CCL, resettlement benefits as per the entitlement matrix will be provided to the affected persons.

Table 4-2: Land Acquisition & Resettlement Entitlement Matrix

Type of Loss Application Definition of APs Entitlement Expected Results

1. Loss of land (agricultural, commercial and homestead land, pond, ghers, betel leaf baroj).

Land on the project right of way to be acquired by DC

Legal owner(s) of land Cash compensation under law (CCL) determined by DC in respective districts. Positive differential in respect of replacement market price to be determined by PVAT. Refund of registration cost incurred for replacement land purchase at the replacement value.

Replacement of land or the value to the APs

2. Loss of residential /commercial structure

Structure on the ROW identified by DC and the SES

Legal owner(s) of structures and non-titled owners including occupiers /encroachers /sheltered/squatters identified by the SES for each household/ shop

Cash compensation under law (CCL) to be determined by DC based on joint verification to legal owners. Positive differential in respect of replacement market price to be determined by PVAT to titled and non-titled owners. Transfer grant equivalent to 12.5% of the value of non-concrete structure assessed by PVAT to titled and non-titled owners. Transfer grant equivalent to 5% of the value of concrete structure (pucca/semi-pucca) assessed by PVAT to titled and non-titled owners. Reconstruction grant equivalent to 12.5% of the value of non-concrete structure assessed by PVAT for titled owners. Homestead development and reconstruction grant of Tk. 15,000 to non-titled owners (squatters, occupiers/encroachers, sheltered, etc.) Salvaged materials free of cost.

Reconstruction of structure at a new site

3. Loss of non-structure assets (betel leaf baroj, shrimp gher and ponds.)

Concerned structures on the ROW identified by DC and /or the SES

Legal owner(s) of structures and non-titled owner(s) including lease holders identified by the SES

Cash grant equivalent to one year's net income from the structure to be determined by PVAT to the cultivator(s). Cash grant equivalent to one year's rental income to the owners of associated land assessed by PVAT.

Replacement of farm/structure at a new site

4. Loss of trees, crops, perennials

Standing crops, trees on the right of way

Legal owner(s) of land Compensation at the rate estimated by the Department of Forest (DOF) for trees and the Department of Agriculture Extension (DAE) for crops fixed by DCs. Salvaged materials free of cost.

Compensation for standing crops and trees

5. Loss of access to agricultural, commercial and

Agricultural and commercial plots on the project right

Legal tenants of land identified by DCs and non-titled tenants

Crop compensation to titled sharecroppers or leasees by DC. Cash grant of Tk. 300/- per decimal of

Compensation for loss of access to farm land




Type of Loss Application Definition of APs Entitlement Expected Results

homestead land of way (renters, leaseholders, sharecroppers) identified by SES

land sharecropped by non-titled sharecroppers. Cash grant for alternative housing to renters of residential and commercial land @ Tk. 6000/- per household. Cash grant of Tk. 500/- per decimal to renters of land for pond/gher/baroj.

6. Loss of income and work days due to dislocation

Households (both titled and non-titled) and employees in SBEs identified on the ROW

Head of poor households / owners of shops and employees identified by the SES

Cash grant of Tk. 5000 per household as subsistence for lost income/workdays. Cash grant of Tk. 6000 for loss of business income by affected traders/shops. Cash grant equivalent to Tk. 3000/- to owners of rented land/premises. Cash grant of Tk. 3000 to the affected employees equivalent to 2 months' wages.

Subsistence and income in post-displaced period

7. Affected vulnerable households

Vulnerable households on the ROW (both titled and non-titled)

Vulnerable households identified by SES

Additional cash grant of Tk. 5000 to head of affected households. Training and credit facilities under income generation program (IGP). Employment in the project construction works, if available.

Poverty reduction measures and development

8. Displacement of community structure

Community structure on the project right of way, if removed for project interest

Community representative as identified by the SES

Cash compensation under law (CCL) to be determined by DC based on joint verification. Positive differential in respect of replacement market price to be determined by PVAT. Transfer grant equivalent to 5% of the assessed value of structure by PVAT. Dismantling and reconstruction cash assistance including land as assessed by PVAT considering the CCL for concerned land and structure.

Restoration of community structure for common benefits

9. Access to community /civic facilities at relocated sites

All households on the ROW if they relocate in group

Households identified by SES/Joint verification

Community infrastructure facilities, access roads, plantation, tube-wells, sanitary latrines and drainage.

Accommodate relocatees on existing community facilities in host areas

4.5 Compensation and Resettlement Assistances

4.5.1 Determining Compensation and Resettlement Benefits

73. The BWDB will ensure that the land and property (structure, tree, crops and non-structure assets) to be acquired for the project interest will be compensated at their full replacement cost determined through an independent agency, and reviewed and recommended by a legally constituted body like the Property Valuation Advisory Team (PVAT) as per the resettlement framework. The principle for determining valuation and compensation for assts, incomes and livelihoods targets resettlement assistance for substituting and restoration of loss of income and workdays by the relocated households, especially the vulnerable households.

4.5.2 RP Implementation Guidelines

74. The BWDB does not have any set codified rules for payment of grants to the Entitled Persons (EPs) for resettlement of project-affected persons. Under the circumstances, a detailed RP implementation guideline (payment modality) will be required to implement the RPs at the field level. Both the BWDB and the RP implementing NGOs will follow the payment modality after its approval from the




Project Director, Southwest Area Integrated Water Resources Planning and Management Project. The project TA Consultants (resettlement specialists) will prepare the guidelines and the PD at PMO will approve it. The modality should include definition of various resettlement terms, the entitlements, detailed procedure for identification of eligible persons for resettlement entitlements of the RPs, assess loss and entitlement of individual EPs, process payments, effecting their disbursement and documentation.

4.6 Gender Impact and Mitigative Measures

75. Male/Female ratio in the affected population with physical establishments is 114 and with agricultural land it is 110. Forty six percent (46%) of the workforce in the affected population are women where only 6 percent of the workingwomen are involved in some gainful income earning activities. Women are largely housewives and are not recognized as income earner though they are extensively involved in household chores. Of the total 235 households to be affected by project interventions only 7 were identified as headed by women.

76. Since legal ownership of land does not reflect gender compliance in case of spouses, sufficient measures will be taken to ensure their rights and social safety. The measures include the following;

i) Impact of land acquisition and resettlement on women will be monitored, reviewed and evaluated separately.

ii) The female-headed households will be provided with additional support for relocation and reconstruction of their income levels.

iii) Resources in kind (if provided) will be in the name of both spouses of the affected households;

iv) Female staff will be recommended to employ with the resettlement agency and poor women will be employed in the civil works construction and regular O&M of the subproject.

v) Female affected persons will be involved in the resettlement monitoring committees representatives Involve women's groups in resettlement planning, management, and operations and in job creation and income generation.

4.7 Definitions of Terms

77. Various terms used in this resettlement plan bear the meanings and definitions as follows:

Affected Persons (APs): Affected persons shall include (a) persons whose houses, land, structure, business, income/employment or productive assets are affected by the project. Household: A household includes all persons living and eating together (sharing the same kitchen and cooking food together as a single-family unit). Entitled Person: An entitled person (EP) is one who has lost his/her assets or income directly/indirectly due to the project intervention and is eligible to receive compensation from the DC office and/or cash grant from BWDB. Structures - Houses and Commercial Enterprises: All structures affected by project acquisition -- living quarters, community infrastructures/ponds/shrimp ghres/ shops/ businesses -- will be compensated for. Assistance/Compensation: Compensation for lost assets refers to legal compensation provided through the Land Acquisition section of the Deputy Commissioner's office. Assistance refers to resettlement assistance extended in




cash and/or kind over and above the compensation under law as per independent assessment of replacement price of land and physical assets concurred by a Property Valuation Advisory Committee (PVAT). Relocation/Resettlement: Relocation refers to physically moving of the APs from the affected area to a new area/site and rebuilding homes, assets, including productive land/employment while resettlement means re-establishing income, livelihoods, living and social system. Replacement Land: Those affected by the RoW alignment will receive alternative land, if available, or cash compensation at the replacement price. NGO will assess the market value of land to determine the Maximum Allowable Replacement Value (MARV) and be approved by PAVT. Project Affected Communities/Host Villages: Project-affected communities are local villages, markets or townships that may be affected by project impacts such as loss/dislocation/capacity inadequacy of common property resources- school, mosques etc. Host communities are recipients where affected persons are to be relocated. Vulnerable Households: includes (i) women-headed households; (ii) landless households (those without agricultural land, and depend largely on wage labor for survival); (iii) disabled households heads, (iv) households having residual agricultural land less than 1 acre and (v) having income below the hardcore poverty line. Cut off date: The date after which eligibility for resettlement benefit will not be considered is considered as the cut off date. Date of service of notice under section 3 of LA Law is considered to be the cut-off date for recognition of legal compensation. For this project the socioeconomic survey conducted in August 2004 by RDM will be considered as cut off date for resettlement benefits for informal or non-titled settlers. This database will be updated when the Government will approve the project land acquisition proposal. Awardee: The persons interested on property to be acquired by the sub-project when confirmed their ownership three LA process by the LA section of respective Deputy Commissioner's office. Compensation under law for acquired assets are provided to awardees through notification under section 7. Schemes: Interventions under the sub-project like the (i) Afra Right Embankment from Sheikhati to Durbajuri and (ii) Gobra Khal Embankment in Kolora union 2.00km at each bank from the outfall at Afra river. Sub-Project: Rehabilitation of Narail Sub-Project under preparation of the PPTA under ADB financing under Southwest Area Integrated Water Resources Planning and Management Project.




5 Information Dissemination, Consultation, Participatory Approaches and Disclosure Requirements

5.1 Project Stakeholders

78. The primary stakeholders include the project beneficiaries including farmers, fishers, fish farmers, business community and the people surrendering their land and physical property for the interest of execution of the sub-project. The secondary stakeholders of the sub-project include the Bangladesh Water Development Board (BWDB) under the Ministry of Water Resources (MOWR) as the EA, the Asian Development Bank, the funding agency conducting the PPTA for preparation of the investment project. However, the resettlement plan has been prepared based on findings of baseline socioeconomic survey conducted by an NGO and similar experienced NGO will be assigned to implement the RP. The BWDB will acquire land through the Deputy Commissioner's office. The other stakeholders include the businessmen groups like contractors, sub-contractors, and suppliers during the construction period. The local government representatives will also be benefited in gaining peoples support as a result of local development. The local NGOs working in the area will also find their wider scope for poverty reduction activities.

5.2 Information Dissemination and Public Consultation

79. The project concept and land acquisition requirements as per various options and technical design of water management interventions were discussed with the primary stakeholders. They were consulted for their perception on risks and consequences of riverbank erosion, flooding, salinity intrusion, development concerns, views on alternative options and beneficiary participation in project cycle. The women and other vulnerable groups were also consulted on site concerning the project impact and their livelihood aspects. The NGO conducting socioeconomic survey (resettlement survey) held 3 consultation meetings and 6 focus group discussions (FGDs) at various locations in the two schemes in August 2004. During the initial social assessment by the Resettlement Specialists and BWDB staff also conducted several meetings with the local people and their representatives. The ADB policy and GOB laws on land acquisition as contained in the resettlement framework have been disclosed to the affected community in Bangla through these contacts following a written snapshots of the policy objectives.

80. The PPTA conducted extensive consultation during Phase I and the process included PRRA/FGDs in one selected union from each Upazila supplemented by consultation meetings with all stakeholders at upazila level. A district level consultation meeting consolidated the problems and suggested solutions for the district water resource management. Upazila and district level functionaries of the government in DAE, DOF, DPHE, LGED and BWDB participated and contributed in the upazila and district level consultations. In addition, all the union level LGI representatives provided union level information on water related and other problems including suggested improvement options.

81. The inputs from the stakeholders meetings have been used to develop appropriate measures and principles for mitigation of loss and disturbances to the affected people. The summary of the consultation process is included in Table 5-1.




Table 5-1: Summary of PRA/FGD sessions

Sessions with date and venue

Participant groups

Issues discussed Options raised by participants Comments by APs

PRA 16 August 2004 Devbhog, Afra right embankment

30 structure losing male and female APs

Land acquisition and relocation requirement, ADB policy on involuntary displacement, GOB policy on land acquisition, Resettlement Plan, current market price

Reasonable compensation for lost assets, cash assistance during relocation, relocation within same vicinity and kinship, compensation for lost business.

Compensation by DC is much lower than market price of land

PRA 19 August 2004 Mulia, Afra right embankment


Land acquisition and relocation requirement, ADB policy on involuntary displacement, GOB policy on land acquisition, Resettlement Plan, vulnerability and women issues in relocation

Compensation for lost assets should be at least 150% of the current market price, cash assistance during relocation, relocation within same vicinity and kinship, compensation for lost business.

Finding out land for homestead will be difficult. Agriculture to be developed for homestead

FGD 13 August 2004 Sheikhati, Afra right embankment

13 structure losing male APs

Land acquisition and relocation requirement, ADB policy on involuntary displacement, GOB policy on land acquisition, Resettlement Plan

Reasonable compensation for lost assets, cash assistance during relocation, relocation within same vicinity and kinship, compensation for lost business and institutional support.

Relocation scope should be assessed carefully to design resettlement plan.

FGD 15 August 2004 Devbhog, Afra right embankment

13 structure losing female APs


Fair compensation for lost assets, cash assistance during relocation, relocation within same vicinity and kinship, and credit facilities income generation activities.

-

FGD 17 August 2004 Korgram, Afra right embankment


Land acquisition and relocation requirement, ADB policy on involuntary displacement, GOB policy on land acquisition, Resettlement Plan

Compensation for lost assets should be at least 150% of the current market price, transfer and reconstruction assistance is necessary, relocation within same vicinity and kinship, compensation for lost business.

Roadside land is costly, up to Tk. 10,000/ in Mulia bazaar area under Pantita mouza

FGD 18 August 2004 Muilia, Afra right embankment



Compensation for lost assets should be at current market price, relocation cash assistance is needed, relocation within same vicinity and kinship

Far away relocation will be difficult to cope with.

PRA 10 August 2004 Bahirgram, Gobra khal embankment


Land acquisition and relocation requirement, ADB policy on involuntary displacement, GOB policy on land acquisition, possible RP, vulnerability of women and other groups

Fair compensation for lost assets, cash assistance during relocation, relocation within same vicinity and kinship, compensation for lost business.

Finding out land for homestead will be difficult.

FGD 8 August 2004 Bahirgram, Gobra khal embankment


Land acquisition and relocation requirement, ADB policy on involuntary displacement, GOB policy on land acquisition

Price of land should be at current market rate, cash assistance during relocation, relocation within same vicinity and kinship, compensation for lost business.

Far away relocation will be difficult to cope with.

FGD 9 August 2004 Nirali, Gobra khal embankment


Land acquisition and relocation requirement, ADB policy on involuntary displacement, Resettlement Plan, vulnerability and women issues in relocation

Compensation for lost assets at market rate, cash assistance during relocation, relocation within same vicinity and kinship, credit for income generating activities.

Far away relocation will be problem for children and women.

5.3 Mechanism for Stakeholders' Participation

82. During the implementation stage, Resettlement Advisory Committees (RACs) will be formed to seek cooperation from various stakeholders in the decision-making and implementation of the RP. Through public consultations, the APs will be informed that




they have a right to grievance redress from the BWDB. The APs can call upon the support of implementing NGO to assist them in presenting their grievances to the GRCs. The GRCs will review grievances involving all resettlement benefits, relocation and other assistance. Grievances will be redressed within a month from the date of lodging the complaints. The GRC, RAC as well as the JVT and PVAT will be formed and activated during land acquisition process to allow APs sufficient time to lodge complaints and safeguard their recognized interests. Formation, role and responsibility of the resettlement implementation committees like JVT, PVAT, and GRC are discussed in the chapter 7.

5.4 Disclosure of RP to People Affected

83. The resettlement plan will be summarized in an information booklet in local language (Bangla) and disclosed to the affected people after the cut-off date is established. In addition, the RP provisions will be explained to the APs in group discussions, personal contact and community level meetings. The full RP will be published in the ADB IR website after project approval. The resettlement implementing NGO, during the RP implementation level, will publish this booklet explaining the impact of the Project, compensation policies for APs, resettlement options/strategies for households and shops, and tentative implementation schedule of the project. Further steps will be taken (i) to keep the affected persons informed about land acquisition plan, compensation policy and payments, and (ii) to ensure that APs will be involved in making decisions concerning relocation and implementation of the RP.

5.5 Local Institutions and Organizations

84. The vulnerable project affected people to be displaced and affected with land acquisition with regard to their assets holding, poverty level, physical, social/gender and economic dimensions. Physical dimension includes problems with existing shelter/housing while economic dimensions involve adjustments to losses, employment/income, and livelihood sources. NGO activities in the area are dominating by CARE Bangladesh and they are working with the Local Government Institutions. Other NGOs include BRAC, ASA and Baste Shekha. These NGOs are working with micro-credits, non-formal education, social awareness and empowerment. The project when implemented will create potentials for additional employment in agriculture and scope of self-employment in culture fishery. These NGOs can facilitate the APs with technical assistance and credit support for undertaking appropriate self-employment ventures with these potentials.

85. Cooperation from all concerned, local institutions or organizations like NGOs, women groups and community-based organizations will be sought for smooth functioning of the RP implementation. However, experienced NGOs will be hired for implementation of the RP.

5.6 Grievance Redress Mechanisms

86. Upon clearance of land acquisition proposal by Deputy Commissioner or Ministry of Land, a Grievance Redress Committees (GRC) at union level will be formed through gazette notification from the Ministry of Water Resources (MOWR) with the SMO RC, BWDB in the chair, representative of the implementing NGO as member secretary, representatives of the project affected persons including women and representatives of the local LGI as members. The BWDB will constitute the GRCs immediately after placement of RP implementing NGO.

87. The NGO will disclose of the GRC procedure and jurisdiction through individual contact, village consultation meetings and distribution of booklets of




pamphlets. Through public consultations, the APs will be informed that they have a right to grievance redress from the SMO, BWDB.

88. The GRCs will be activated with power to resolve resettlement and compensation issues not to be addressed under legal suit in the courts. The GRCs will receive grievance cases from the affected persons through the implementing NGO. The NGO will assist the APs in lodging their resettlement complaints in a proper format acceptable to the GRCs after they get ID cards from the SMO or informed about their entitlements and losses. The appeal procedure and conflict resolution will be as follows:

All complaints from the APs will be received at the field office of the NGO, the member secretary of the GRCs with a copy to the concerned LGI representatives.

The representative of the NGO in the GRCs upon receipt of complaints will organize a hearing session from the complainants in concerned GRC of the Union from where the complaint was receipt.

The GRC will review the proceedings and pass verdicts to convey to the concerned AP through the NGO.

If there are such matters relating to arbitration through the courts, the matter will be referred to the court.

The GRC will settle the disputes within 15 days of receiving the complaints from the APs.

89. Resolution of the GRCs will be final and adopted in the process of resettlement for issuance of ID cards, determination of loss and entitlements and payment thereof.




6 Relocation Resettlement and Income Restoration

6.1 Scope of Displacement and Relocation

90. According to the census data, a total of 262 various physical units including 35 shops, 164 residential and 13 community units, 12 ponds and 12 shrimp ghers, 23 betel leaf baroj are likely to be affected by the sub-project. In addition, 155 households in the project right of way will lose some agricultural land attaching a tentative 11 sharecroppers. The sub-project right of way is likely to displace 100 households, 30 commercial enterprises, 8 ponds, 8 shrimp ghers, 16 baroj and 11 community structures. A Hindu place of worship is on the bankline of the Afra right bank with a historical giant banyan tree, temple and idols and may be avoided realigning about 15m of the right of way through agricultural land.

6.2 Relocation of Housing and Establishment

91. The project is going to acquire major land for the Afra right bank embankment and both Afra right embankment and Gobra khal embankments will displace human settlement to some extent. These settlers will prefer to be relocated in their same proximity. The project will encourage “self-relocation” by affected households selecting replacement homestead land in the vicinity of their own. The executing agency will organize such arrangement of relocating the households in a cluster as much as possible to link them with road access (proposed embankment to be used as pucca road). The objective is to minimize social disruption in the resettlement process and allow people to remain together within kin groups for mutual support.

92. In some instances, the affected households will assisted by BWDB through NGO providing them in a temporary relocation site (TRS) during the project period under certain conditions for a period of 6 months or like. They can live in the TRS through reconstructing their houses on their own. It is expected that, using the resettlement and rehabilitation assistance, they would be able to find suitable place for their relocation within this time.

6.3 AP Preferences for Relocation

93. During the census survey, the relocation choices of the affected persons were enumerated (Table 6-1). At least 64 households will be able to accommodate in their remaining homestead. About 54 percent of households expressed their views to be relocated in the same village. About 7 percent of the households to be affected are willing to relocate in their own elsewhere within the present vicinity.

Table 6-1: Options for relocation

Relocation choices Total units to be affected Afra Right Embankment Gobra Khal Embankment


Accommodate in remaining land 64 39.02 46 39.32 18 38.30

Nearest thana town 1 0.61 1 0.85 0 -

Same village 88 53.66 60 51.28 28 59.57

Relocate on own land elsewhere

11 6.71 10 8.55 1 2.13

Total 164 100.00 117 100.00 47 100.00

94. Only 2 households believe that it will be difficult for them to find replacement homestead immediately after relocation. These people opted for a temporary




resettlement site for homestead failures. Most of the households prefer self-relocation with project assistance. However, 3 percent are eager to be resettled in groups.

Table 6-2: Options for relocation types

Opted type of relocation Total units to be affected Afra Right Embankment Gobra Khal Embankments


Project resettlement site 2 1.22 1 0.85 1 2.13

Self relocation with project help 157 95.73 116 99.15 41 87.23

Resettlement in group 5 3.05 0 - 5 10.64

Total 164 100.00 117 100.00 47 100.00

6.4 Option for Resettlement Assistance

95. As for resettlement assistance, 134 sought support for land purchase, 128 for constructing new structure, and only 8 APs requested for IGA training and credit. About 97 percent of the households requested assistance in procuring land and construction of house structure.

Table 6-3: Options for resettlement assistance

Opted resettlement assistance Total response

Responses in Afra Right Embankment Area

Responses in Gobra Khal Embankment Area


Purchasing replacement land 134 49.63 101 51.27 33 45.21

Construction of new structure 128 47.41 91 46.19 37 50.68

Credit support 5 1.85 3 1.52 2 2.74

Training on IGA 3 1.11 2 1.02 1 1.37

Total 270 100.00 197 100.00 73 100.00

Source: Socio-economic Survey, August 2004

6.5 Resettlement Options and Strategies

96. The affected households and shops have expressed their willingness for resettling within the close proximity of the present location of their residence. Based on consultation with the affected households the following resettlement options have been adopted.

6.5.1 Self- relocation for Residential and Commercial Structures

97. Most affected residential households (titleholders and squatters) wanted to be relocated within the existing villages and majority sought resettlement assistance in terms of purchasing land and rebuilding structures. The project would assist these households in identifying homestead land as per the AP's choice and assist them in rebuilding their structures. Thus affected households will receive the required support from the project during the process of relocation and receive compensation for structure, shifting and income restoration assistance to resettle and reconstruction of the households and their business as per the entitlement matrix. The entitlement matrix also has provision for host area development in case the APs relocate in groups.

98. As the affected households (residential and commercial) have shown interest to relocating at sites very close to their original site, the project will provide support to the host area in the form of additional civic amenities (for example, provision for tube-well for drinking water, schools, market, access roads etc, if necessary) for community use and to develop relationship between the relocating APs and host. Alternately, the project will assist the APs to find land adjacent to their present homestead (if they don't have their own land remaining).




6.5.2 Replacement of Agriculture Land

99. The majority of the households to lose agriculture land to the sub-project are large farmers and only few are poor. APs will be paid cash compensation at replacement market value. The stamp duty and registration cost determined by PVAT for purchase of replacement land will be refunded. DC will compensate affected crops and trees at the rate estimated by the Department of Forest (DOF) and the Department of Agriculture Extension (DAE).

6.5.3 Special Measures for Vulnerability and Environmental Risks

100. Measures will be taken through additional cash assistance and income restoration programmes for the vulnerable households including women headed households, hardcore poor to be displaced, squatters, and poor agricultural landowners losing more than 10% of their farm income due to acquisition. The environmental risks will be minimum and taken care of through plantation and water control structures as and where necessary.

6.6 Income and Livelihood Restoration Strategy

6.6.1 The Strategy

101. Mitigation of loss of assets and livelihood is the main focus of the resettlement plan. Additional measures will be taken to provide appropriate support to the livelihood restoration aspects of the project-affected people. According to the known impacts, the households and business units are likely to be relocated from the project right of way will lose workdays and income during periods immediately after relocation. Also a number of households will lose access to agricultural and commercial land as well as employment and wage earning. Adequate compensation will be paid to these APs before relocation. In addition, the vulnerable APs will get preference for employment in the civil works construction.

102. The RP recognizes diminishing income and livelihood during and after relocation and anticipates the trend of pauperization. It also recognizes the time needed for social absorption of the affected population at their relocated social and economic setting. The RP policy therefore considers that the affected people will apply all the resources received in the form of compensation for their lost assets and resettlement assistances to regain their previous economic status. In addition to short-term income restoration assistances, the RP attempts sustainable income and livelihood restoration (ILR) involving the vulnerable project affected people in resettled areas. The RP recognizes the following categories of project-affected people for income restoration and livelihood support

i) Poor households17 to be relocated from the project right of way. Eligible members of such family will be identified during planning the ILR program.

ii) Poor households having no adult male members to shoulder household responsibility (women headed households). The women heading the household will preferably be the eligible member.

iii) Poor households of the employees and daily wage earners of the diminished businesses or their nominated representatives.

iv) Poor households losing access to agriculture land including sharecropper, and leaseholders.

v) Poor households losing access to commercial land including business proprietorship.

17 Households having income below the national property line (Tk. 3600 per household per month) in Bangladesh as on 2001 (Final

Report, ADB TA-3659-BAN).




vi) Poor households losing more than 10% of their agricultural income due to acquisition of agricultural land. Eligible members of such family will be identified during planning the ILR program. Eligible members of the above mentioned categories will be identified during the RP implementation.

6.6.2 Planning ILR Program

103. There is a mix of land titleholders (big, small and marginal farmers, landless, and sharecroppers) and non-titleholders engaged in small business enterprises including shops, squatters to be displaced. The EPs for ILR will be identified during project implementation through further surveys and verifications.

104. The IR schemes would be designed in consultation with the affected persons and should explicitly be approved through consultation in focus group meetings, so that it fits with the individual and family needs of capacity/skills. The implementing NGO shouldering the resettlement issues will take the responsibility of design, development and execution of the ILR programme while an external agency will monitor.

105. The ILR programme will also consider gender, AP diversity in terms of occupation and resources, market structure, communication network, and interest of the affected people. The ILP would necessarily accumulate all resources ranging from compensation, resettlement benefits and income restoration support.

6.6.3 Approaches for ILR Activities

106. A detailed plan and scooping for the income generation program will be designed by the implementing NGO and the ADB in conjunction with the BWDB. Needs for skill development, capital support and marketing facilities will also be part of the ILR plan. The ILR activities will be implemented with short and long terms goals.

107. The short-term objectives of the ILR activities are to restore income of the APs during periods immediately before and after relocation. The measures as per the RP includes

i) Relocation and shifting assistance before relocation; ii) Subsistence allowance for transition period for sustainability with changed

economic circumstances; iii) Replacement of acquired property with market price at replacement cost; iv) Work in civil construction; v) Work in construction, transportation and maintenance of civic amenities to

provide for the affected community; vi) Work in resettlement INGO.

108. For additional support to usual income restoration assistance as mentioned above the implementing NGO will specifically undertake ILR basic activities for restoration of income of APs in the long run as follows:

a. Identification of Target Groups b. Identification of IR activities c. Training

i. Training Need Assessment (TNA) ii. Identification of trainers/ training agencies iii. Arrangement of training

b. Participatory monitoring of APs engaged in new vocations.

109. The Implementing NGO, for implementation of the ILR program will follow a set modality and terms of reference. The RP contains an estimated amount of Tk. 3.30 million for ILR.




6.6.4 Employment in Construction

110. Local people whose livelihood is impacted by the project will get preference in jobs associated with the project construction. The jobs, in the semi-skilled and unskilled category, shall be offered to the APs in preference to the other. The contract documents will include provisions requiring contractors to give employment to project affected people having ID cards with preference.

6.7 Re-establishing Common Resources Property/Utilities

111. In addition to the losses of personal properties and assets, the subproject will also have impacts on community structures. If acquired, the common/community resource property (CRP) will receive replacement value assessed by PVAT and transfer grant. In addition to that, based on the degree of impact, the BWDB will provide some additional support for dismantling and reconstruction of the concerned structure at a new place.




7 Implementation Arrangements

7.1 Institutional Framework

112. The Ministry of Water Resources (MOWR) through the BWDB (the EA) shall have the overall responsibility of in planning, negotiating, consulting, approving, coordinating, implementing, financing, monitoring and evaluating of land acquisition and resettlement for the subproject. The BWDB has experience of implementing a number of externally assisted water management projects having resettlement component. The BWDB, though familiar with involuntary resettlement, lacks sufficient manpower strength with required skills and capacity for identification, contracting, monitoring and supervision of involuntary resettlement work. It is not possible to enhance manpower and capacity strengths of BWDB for periods of particular projects to oversea the resettlement tasks. The BWDB will therefore involve resettlement specialists within project TA Consultants (TAC) as well as experienced NGO for implementation of the RP with clearly defined scope/tasks, including income restoration program. The EA will also appoint an external monitor through the TAC for independent monitoring, review and evaluation of the R&R operations for the subprojects.

7.1.1 Project Management Office, BWDB

113. The EA will implement the RP through setting up of a Resettlement Unit (RU) within the Project Management Office (PMO) that will be established for the project. The RU, under the overall responsibility of the Project Director (PD), will undertake day-to-day activities with the appointed NGO and consultants. The RU will employ at the PMO one senior official of the BWDB at the rank of Senior Executive engineer as Chief Resettlement Officer (CRO) who will supervise the implementation work and supported by TA Consultants. At the field level, a resettlement coordinator (RC) will be assigned in the Subproject Management Office (SMO), BWDB, Narail at the rank of executive engineer or senior sub-divisional engineer to undertake day-to-day activities with the appointed NGO.

114. The BWDB will prepare land acquisition proposal and the Deputy Commissioner, Narail will be responsible for acquisition of land for the project. The RC will ensure co-ordination between various relevant offices, particularly DC at the district level, and the resettlement-implementing NGO.

7.1.2 Deputy Commissioner

115. The Deputy Commissioner has the power to acquire land and to assess compensation of properties thus acquired. The 1982 Ordinance provides the power to the DC, who conducts the acquisition through the LA Office of the district. The LA Officer (or his staff) along with BWDB and NGO staff will conduct joint physical verification of property on the land in accordance with the Land Acquisition Proposal (LAP) to be submitted by BWDB as soon as the design and alignments for the protection work are available. The DC office is responsible for the entire acquisition process from notification to affected households to award of compensation to owners of properties and payments of compensation. However, the EA will provide funds after placement of estimate by the Deputy Commissioner for acquisition of land. The EA with assistance from NGO shall liaise with concerned DC offices to complete the land acquisition process in a timely fashion. The NGO should be in place before notification under section 3 by the Deputy Commissioner.




7.1.3 TA Consultants

116. The TA Consultants (TAC) should include (i) one international resettlement specialist and (ii) one local resettlement specialist for supervision, monitoring, reviewing and evaluation of the resettlement tasks carried out by the EA with assistance from the NGO. The resettlement specialists will provide technical support to BWDB and supervise and review the field activities of the RP implementing NGO in collaboration with the SMO, BWDB, Narail. The TAC will also subcontract an external monitoring and evaluation consultant for independent monitoring of the R&R activities.

Figure 1: RP Implementation Organization

Project Director Project Management Office BWDB, HQ

Resettlement Specialists Project Supervision Consultant

External Monitor (LA&R)

LA Section DC Office

Chief Resettlement Officer Senior Executive Engineer, PMO

Sub-Project Director Superintending Engineer Jessore O&M Circle

Resettlement Coordinator Executive Engineer/Senior Subdivisional Engineer, SMO

Team Leader Implementing NGO

Subdivisional Engineer

Database Manager Computer Programmer

Deputy Team Leader

RAC

Area Manager

LGI Representative

JVT/PVAT

GRC Representative of

APs & Women

117. The TA Consultants will also be responsible for imparting training to the EA staff engaged in RU and the RP implementing NGO for capacity building and skill upgradation in involuntary resettlement management. Necessary resources have been included in the budget of the resettlement plan.




7.1.4 RP Implementation NGO

118. Involvement of NGO in the RP implementation has been very positive in terms of transparency, consultation, and accountability at stakeholders level. The NGOs have capacity to identify grass root level problems, assess needs for income restoration including skills, capital and income generating activities. They have commitment for poverty reduction, gender balance in social and economic fields, and awareness raising and empowering the disadvantaged groups. Meanwhile, necessary skills have been developed with some of the NGOs like RDM, CCDB and ASOD in involuntary resettlement management to assist the infrastructure agencies in the country.

119. BWDB will execute land acquisition and implement the resettlement plan with assistance from an experienced NGO at the field level in coordination with the DC, BWDB and TA Consultants. The EA will contract out clearly defined tasks of the RP in a detailed Terms of Reference such as consultation/public information campaign, issuance of ID cards, payment of eligible benefits to beneficiary households/individuals, institutional development, skill training and micro-credit /training, community awareness and empowerment. Involvement of an NGO for implementation of the RP will ensure long-term sustainability in income restoration by the affected persons of the subproject.

120. All resettlement-related data, including land acquisition, will be computerized by the implementing NGO and make available to BWDB. The data bank will act as the key sources of information for implementation and monitoring purposes. Loss of individual affected household will be summarized in file prepared for checking and verification. The file will contain detailed demographic data on individual affected households, lost assets, compensation entitlements and payments, relocation, etc. The databank will enhance institutional capacity of both BWDB and the implementing NGO in resettlement management for the subproject. An automated management information system (MIS) will be designed, developed, operated and make available to BWDB by the implementing NGO to support the data bank efficiently. The roles and responsibilities of the NGO to be engaged for RP implementation is clearly defined in the Terms of Reference (TOR) at Annex-1.

7.1.5 Resettlement Implementation Committees/Teams

121. The Ministry of Water Resources (MOWR), through a gazette notification, will form various committees/teams like Joint Verification Team (JVT), Property Valuation Advisory Team (PVAT) and Grievance Redress Committees (GRCs) for implementation of the RP at the field level. The implementing NGO will work as member secretary for all the committees/teams involving representatives from DC, BWDB, LGI and APs as the case may be. These committees/teams will ensure stakeholders' participation and uphold the interest of the vulnerable APs. The scopes and jurisdictions of the committees will be clearly defined the gazette notifications. The implementing agency/NGO will form resettlement advisory committee (RAC) to involve the local communities and APs in the implementation process.

7.1.5.1 Joint Verification Teams

122. The MOWR will form a JVT for the subproject through a gazette notification to compare and review the physical verification data conducted by Implementing NGO with the DCs' assessment of loss of physical assets and their owners. The scope and responsibility of the JVT will be clearly defined in the gazette. The Implementing NGO will process the entitlements of the project-affected persons using the JVT data as one of the determinants. The JVT will be a three-member body and be comprised as

a) Executive Engineer /RC, SMO, BWDB, Narail – Chairman; b) LAO or his/her designated representative of Narail district – member; c) Area Manager of RP Implementing NGO, member secretary.




7.1.5.2 Property Valuation Advisory Teams

123. A Property Valuation Advisory Team will be formed by the MOWR through a gazette notification. The PVAT will review the assessment of the implementing NGO on the market price of land and other property affected by the project at their replacement cost. The scope and responsibility of the PVAT will clearly be defined in the gazette. The Implementing NGO will process the entitlements of the project-affected persons using the PVAT data as one of the determinants. The PVAT will be a three-member body and be comprised as

a) Executive Engineer /RC, SMO, BWDB, Narail – Chairman; b) LAO or his/her designated representative of Narail district – member; c) Area Manager of RP Implementing NGO, member secretary.

7.1.5.3 Grievance Redress Committees

124. Grievances Redress Committees will be formed at union level for resolution of any grievances involving resettlement benefits, relocation, and other assistance. The GRCs will include representatives of BWDB as chair, representatives of the project affected persons, community/local government representatives, women members of the local union council and the implementing NGO. A gazette notification on the formation and scope of the GRCs will be required from the MOWR. The decision of the GRC would be considered final.

125. The GRC for each union will be comprised as

a) Executive Engineer /RC, SMO, BWDB, Narail – Chairman; b) Area Manager of RP Implementing NGO, member secretary. c) UP Chairman /Member - member. d) One women UP member - member. e) One representative of APs - member

7.1.5.4 Resettlement Advisory Committees

126. The implementing NGO will form Resettlement Advisory Committees at sub-project scheme level to involve the local communities and APs in the implementation process. The RACs will be comprised of BWDB representative as the char, the implementing NGO as member secretary and representatives of various stakeholders in the respective area. The committees will seek local inputs from the affected people and communities in the implementation process and assist the implementing agency in all matters related to resettlement. The RACs will ensure local participation in the implementation of the resettlement plan.

7.1.5.5 Women Groups in R&R Process

127. The RP implementation will ensure gender sensitive approach in planning, management and operations of land acquisition and resettlement. Separate groups of women affected persons will be formed and operated by the implementing NGO through female staff. Feedback from the women affected persons will be obtained through these female focused groups for planning relocation and resettlement. Obviously the NGO will engage some female staff adequate to assist the female affected persons in all aspects of resettlement activities. The female staff will identify needs of the women APs for income restoration approaches and implementation of the income restoration component of the RP. The women were specially consulted during social appraisal and will be further consulted during the review of the RP after the detailed design and in the process of implementation.




7.2 Resettlement Budget and Financing

128. The budget includes all costs for acquisition of land and assets and cost associated with involuntary resettlement. The total estimated cost is Taka 85.65 million (USD 1.46 million). The detailed estimate of the budget is given in Table 7-1. The budget includes Tk. 58.5 million for land acquisition, Tk. 20.0 million for resettlement, and Tk. 7.15 million for RP implementation, EA capacity building, and rehabilitation and training to the APs. These estimates, and the budget set out in Table 7-1 must be regarded as provisional, given the need for decision making after the detailed design and assessment of prices at the implementation level. The EA will further determine replacement price of land and other property under acquisition for the subproject through the PVAT after placement of RP implementing NGO.

129. The Government of Bangladesh will provide the entire fund for land acquisition and resettlement. The cost of rehabilitation and training will be provided from the Asian Development Bank. The fund for land acquisition will be disbursed through the DC office. The estimate for land acquisition by the DC will be prepared by his/her LA section and placed to the PMO, BWDB for transfer of the fund to the account of the DC. The additional benefits as per the framework will be paid directly by the EA through Implementing NGO. However, the NGO will assess the quantity of losses and the eligible persons for resettlement benefits and produce a resettlement budget to BWDB for approval and periodic release. The rehabilitation and training to the potential affected persons will be provided through implementing NGO based on vulnerability and needs assessed through a special census and consultation exercise.

130. The PMO would ensure that the land acquisition and resettlement budgets are delivered on time to the DC and the implementing NGO for timely implementation of the RP.




Table 7-1: Estimated Land Acquisition and Resettlement Budget

Sl. No. Particulars Unit Quantity Rate (Tk.) Amount (Tk.)

A. Land Acquisition

1 CCL for land/fish ponds acre 106.09 250,000 26,521,625

2 CCL for structure sft 94,056 150 14,108,400

3 CCL for tree Nos. 27,552 500 13,776,000

4 CCL for standing crops/fish (pond/gher/agri-land) acre 53.04 50,000 2,652,163

5 Overhead @ 2.5% 1,426,455

Total LA Cost 58,484,642

B. Resettlement

1 Additional grant for land acre 106.09 70,200 7,447,272

2 Additional grant for structure sft 94,056 12 1,128,672

3 Refund of registration cost (22%) for replacement land purchase (considering 50% probability)

acre 53.04 70,444 3,736,579

4 Transfer grant for non-concrete structures (12.5%) sft 82,939 15 1,244,085

5 Transfer grant for concrete structures (5%) sft 11,117 14 155,638

6 Reconstruction grant for non-concrete structures to titied owners (12.5%)

sft 82,939 15 1,244,085

7 Homestead development and reconstruction grant for non-titled owners

No. 12 15,000 180,000

8 Cash grant for loss of income from cultivated pond/ghers acre 15.43 180,000 2,777,400

9 Cash grant for loss of rental income from cultivated pond/ghers (Tk.500/decimal)

acre 0.69 50,000 34,500

10 Subsistence allowance for lost income/workdays to relocated households

LS 100 5,000 500,000

11 Cash grant for loss of business LS 35 6,000 210,000

12 Additional assistance for vulnerable households LS 122 5,000 610,000

13 Cash grant for alternative housing for households and shops

Nos. 9 6,000 54,000

14 Cash grant for tenant contract farmers (Tk.300/decimal) acre 5.13 30,000 153,900

15 Dismantling and reconstruction cash assistance to community structure

LS 13 15,000 195,000

16 Community development assistance LS 1 300,000 300,000

Total Resettlement Cost 19,971,131

C. Rehabilitation

1 Capacity and skill development training No. 220 3,000 660,000

2 Micro credit and institutional support No. 220 12,000 2,640,000

Total Rehabilitation cost 3,300,000

D. Training of project personnel for resettlement capacity building LS 1 600,000 600,000

E. Plantation programme LS 1 300,000 300,000

F. Implementing NGO LS 1 3,000,000 3,000,000

Estimated LA&R Cost 85,655,773




7.3 Implementation Schedule

131. A time-bound implementation schedule for the RP will be prepared in accordance with the project construction schedule. The overall schedule of implementation is based on the principle that people affected by the project are paid their due resettlement benefits prior to displacement. The implementing NGO will assist the APs in the process of relocation and resettlement. Individual entitlements on household basis will be processed by the NGO. Each EP will receive an ID card and an entitlement card. The implementation of this RP will be completed in 3 years starting from mid 2006 and ending in mid 2009.

132. Land acquisition will be done annually over the three years and resettlement of the affected persons will accordingly follow. Annual break up of land quantum is tentatively estimated to 30% in the first year, 50% in the second year and rest 20% in the third year. The APs will be paid their non-DC payments before their relocation and payments related to award of compensation by the DC will be made after payment of legal compensation to the individual APs. However the preliminary time bound implementation schedule is devised as Figure 2.




Figure 2: Preliminary Land Acquisition and Resettlement Implementation Schedule (Page 1)




Figure 2: Preliminary Land Acquisition and Resettlement Implementation Schedule (Page 2)




8 Monitoring and Evaluation

8.1 Supervision, Monitoring and Evaluation

133. The Bangladesh Water Development Board (the EA) through the Project Director, PMO, will establish a monitoring system involving the CRO, RC, TAC and NGOs for collection, analysis, reporting and use of information about the progress of resettlement, based on the RP. These stakeholders will be made responsible to monitor the progress of all aspects of land acquisition/ resettlement and income generation program. The EA will report to the ADB on land acquisition, resettlement and income generation program in the quarterly reports, including identification of significant issues. Besides, an annual report stipulating all efforts and outcome will be sought by the ADB from the BWDB.

134. The RP implementation monitoring will be done both internally and externally to provide feedback to BWDB and to assess the effectiveness. Mid-term reviews of the resettlement activities drawing upon monitoring and evaluation reports and other relevant data to identify any action needed to improve resettlement performance or respond to the changing circumstances. Evaluation of the resettlement activities will be resorted to during and after implementation of the RP to assess whether the resettlement objectives were appropriate and whether they were met, specifically, whether livelihoods and living standards have been restored or enhanced. The evaluation will also assess resettlement efficiency, effectiveness, impact and sustainability, drawing lessons as a guide to future resettlement planning.

8.2 Internal Monitoring

135. The internal monitoring of progress of RP will be carried out by PMO involving the resettlement unit (RU) within it. The CRO, assisted by the field staff at SMO and implementing NGO, will establish a monthly monitoring system and prepare monthly progress reports on all aspects of implementation of the RP. The benchmark data for project level monitoring will come from database created during initial census and surveys and periodic surveys will be carried out to measure changes against the baseline data as per the monitoring indicators.

136. The Project Director, PMO assisted by the field executive engineer(s) at the sub-project level, the NGO and TA Consultants (Resettlement Specialists) will monitor such issues relating to land acquisition and resettlement as indicated in Table 8-1. Monitoring and review of quantitative information on land acquisition and resettlement will be done through automated software (computerized management information system) developed by RP implementing NGO and installed and operated at SMO and NGO field offices.

Table 8-1: Indicators for Internal Monitoring of R&R Operations

Monitoring Issues Monitoring Indicators

Budget and Timeframe Have all land acquisition and resettlement staff been appointed and mobilized for field and office work on schedule? Have capacity building and training activities been completed on schedule? Are resettlement implementation activities being achieved against agreed implementation plan? Are funds for resettlement being allocated to resettlement agencies on time? Have resettlement offices received the scheduled funds? Have funds been disbursed according to RPs? Has all land been acquired and occupied in time for project implementation?

Delivery of AP Entitlements Have all APs received entitlements according to numbers and categories of loss set out in the entitlement matrix? Have APs received payment on time?




Monitoring Issues Monitoring Indicators

Have all APs received agreed resettlement benefits as per schedule of payment? How many affected households have received land titles? How many affected households relocated and built their new structure at new location? How many APs are being able to purchase replacement land (homestead and agriculture)? Are APs able to access schools, health services, cultural sites and activities? Are income and livelihood restoration activities being implemented as planned? Have affected businesses received entitlements? Have the APs losing their eroded land received proper compensation? Have the squatters, encroachers of khas land or BWDB land displaced due to the project been compensated? Have the community structures are compensated and rebuilt at new site? Are host communities sufficiently assisted for civic amenities where necessary?

Consultation, Grievances and Special Issues

Have resettlement information brochures/leaflets been prepared and distributed? Have consultations taken place as scheduled including meetings, groups, community activities? How many APs know their entitlements? How many know if they have been received? Have any APs used the grievance redress procedures? What were the outcomes? Have conflicts been resolved?

Benefit Monitoring What changes have occurred in patterns of occupation compared to the pre-project situation? What changes have occurred in income and expenditure patterns compared to pre-project situation? Have APs income kept pace with these changes? What changes have occurred for vulnerable groups?

8.3 External Monitoring and Evaluation

137. The Resettlement Specialists with the TAC will supervise and monitor the implementation of RP for the EA. The TAC will sub-contract in a sufficiently experienced person as external monitor for independent monitoring and evaluation of the resettlement activities. The tasks of the external monitor will be to (i) verify results of internal monitoring; (ii) assess whether resettlement objectives have been met; specially, whether livelihoods and living standards have been restored or enhanced; (iii) assess resettlement efficiency, effectiveness, impact and sustainability, drawing lessons as a guide to future resettlement policy making and planning; and (iv) ascertain whether the resettlement entitlements were appropriate to meeting the objectives, and whether the objectives were suited to AP conditions. The external monitor will design and adopt such methods and tools (household survey, PRAs, etc.) for data collection facilitating a comparable database of "before" and "after" resettlement conditions. The scopes and responsibilities of the external independent monitor has been clearly defined in the Terms of Reference at Annex-2 to be reviewed and updated at contract negotiation.

Table 8-2: Indicators for External Monitoring and Evaluation

Monitoring Indicators Basis for Indicators

Basic Information on AP Households

Location Composition and structure, ages, educational and skill levels Gender of household heads Access to health, education, utilities and other social services Housing type Land and other resource owning and using pattern Occupations and employment patterns Income sources and levels Agricultural production data Value of assets forming compensation and resettlement benefits

Reconstruction of living standards

Were house compensation made free of depreciation, fees or transfer costs to the APs? Have APs achieved replacement of key social and cultural elements?

Reconstruction of livelihoods Were compensation payments free of deductions for depreciation, fees or transfer cost to the APs? Were compensation payments sufficient to replace lost assets? Was sufficient replacement land available of suitable standards?




If costs were involved, did the transfer and relocation payments cover these costs? Was the income substitution payment sufficient for the period of transition? Have the commercial enterprises affected received sufficient compensation and re-established them? Have impact on women and vulnerable groups been mitigated with effective income earning opportunities? Have the vulnerable APs provided with jobs in project civil works?

Levels of AP satisfaction How much do APs know about resettlement procedures and entitlements? Do APs know their entitlements? Do the APs know if these have been met? How do APs assess the extent to which their own living standards and livelihoods have been restored? How much do APs know about grievance procedures and conflict resolution procedures?

Effectiveness of Resettlement Planning

Were the APs and their assets correctly enumerated? Was any land speculators assisted? Was the time frame and budget sufficient to meet objectives? Were entitlements too generous? Were vulnerable groups identified and assisted? How did resettlement implementers deal with unforeseen problems?

Other Impacts Were there unintended environmental impacts? Were there unintended impacts on employment or incomes?

138. The Resettlement Specialists within the project SCs will conduct periodic review and supervision mission during the implementation stage. In addition to regular review missions, ADB will undertake Mid-Term comprehensive review of the RP implementation. A post-evaluation of RP activities will be carried out by ADB to assess the resettlement impact in terms of adequacy and deficiency in planning and R&R operations.

139. Land acquisition and resettlement implementation will be supervised and monitored by the PD in co-ordination with the CRO, BWDB field staff, TAC and the resettlement-implementing NGO. The RP implementation monitoring will be done both internally and externally to provide feedback to BWDB and to assess the effectiveness. A post evaluation of resettlement activities will be carried out by the Bank to assess the impact, sustainability of resettlement program and to learn lessons for future policy formulation and planning.

8.4 Participatory Monitoring Involving APs

140. Participation of the people affected and hosts will be sought in the monitoring and evaluation process to solve the day-to-day problems arising in the implementation of resettlement operations. The APs will be involved in participatory monitoring by the Implementing NGO through focus groups. Participatory evaluation will help improve program performance by involving key players in evaluation design and implementation. Steps for conducting participatory evaluation by the independent monitor include

a) Decide on the degree and nature of participation. b) Prepare the evaluation scope of the work. c) Conduct the team planning meetings, through mini-workshops. d) Conduct the evaluation, e) Analyze the data and build consensus on results. f) Prepare further mitigative plans, if required.

141. PRA techniques foster the involvement of APs and other key stakeholders in resettlement monitoring implementation. Tools for Participatory Rapid Appraisal should include

a) Key informant interviews: select local leaders, village workers or persons with special knowledge or experience about resettlement activities and implementation.




b) Focus group discussion: specific topics (e.g., land compensation payments, services at resettlement sites, income restoration, gender issue) discussed in open-ended group sessions.

c) Community public meetings: open public meetings at resettlement sites to elicit information about performance of various resettlement activities.

d) Structured direct observations: field observations on status of resettlement implementation, plus individual or groups interviews for cross-checking purposes.

e) Informal surveys/interviews: informal surveys of APs, hosts, village workers, resettlement staff, and implementing agency personnel using non-sampled methods.

f) In-depth case studies: of APs and host populations from various social classes ot assess impact of resettlement.

8.5 Reporting Requirements

142. The Project Director will prepare and send to ADB status reports on RP implementation periodically and a final report once the resettlement is completed. The report will reflect on the resettlement experience and lessons learned. The progress of LA&R will be included in the Project Quarterly Report.

143. During project implementation, BWDB will establish a monthly monitoring system involving BWDB staff at the SMO and implementing NGO, and prepare monthly progress reports on all aspects of resettlement operations.

144. The Resettlement Specialist will conduct periodic review and supervision missions during the implementation stage and will report to BWDB and the ADB on the progress of all aspects of resettlement activities. A post-evaluation of RP activities will be carried out by ADB to assess the resettlement impact and the efficacy of the RP policy.


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Narail Subproject 1

ANNEX 1

Southwest Area Integrated Water Resources Planning and

Management Project Narail Sub-Project

Implementation of Resettlement Plan

TERMS OF REFERENCE FOR IMPLEMENTING NGO I. Background

1. The Bangladesh Water Development Board (BWDB), Ministry of Water Resources (MOWR) of the Government of the People's Republic of Bangladesh, intends to implement rehabilitation of the Narail Sub-Project (the Sub-Project) in Narail District under the Southwest Area Integrated Water Resources Planning and Management Project (the Project) with financial assistance from Asian Development Bank (ADB).

2. Main objective for rehabilitation of the sub-project is to increase agriculture production, farm incomes and employment opportunities by improving water management facilities and the capabilities of the beneficiaries to manage the facilities. The improved facilities will be made effective by controlled flooding and drainage through compartmentalization. Proposed interventions for rehabilitation are (i) re-sectioning of 10km existing embankment (ii) construction of 17km new embankments on Afra right bank and on both banks of the Gobra khal, (iii) excavation 0.5km new drainage channels (iv) re-excavation of 227km existing channels (v) construction of 14 regulators (vi) rehabilitation of 7 regulators (vii) construction of 16 water retention structures and 4 inlet/outlets, (viii) construction of 4 check structures and (ix) formation of 6 compartments with necessary control structures.

3. New interventions for rehabilitation of the sub-project will involve acquisition of 42.95 ha land in (i) construction of Afra Right Embankment and (ii) construction of Gobra Khal Embankment (the Schemes). About 33.75 ha will be required for Afra right embankment over a 12.5 km bankline to Sheikhhati to Durbajuri touching Narail-Jessore highway and 9.20 ha for construction of embankment over 2.00km bankline on both banks of the Gobra khal in Kolora union discharging to Afra river. Project right of way was considered 27m for Afra right embankment, 24m wide right of way for left side and 22m that in the right side of the Gobra khal embankment.

4. The adverse impacts due to undertaking of the programmes under the sub-project will displace 500 persons in 100 households. The interventions will also displace 30 shops, 11 community structures, 3 Hindu burial tombs and remove 8 ponds, 8 ghers and 16 betel leaf barojes. Additional 71 households will be affected for loss of ponds, ghers and betel leaf barojes. About 64 households, 4 SBEs, 2 CRPs, 8 ponds/ghers and 7 borojes will be partially affected and will not need relocation. However, the affected households and other units will need assistance for relocation and re-establishment of their houses/structures to new locations or on remaining land.

5. As per the GOB policy on land acquisition and ADB guideline on involuntary resettlement, payment of compensation and resettlement benefit will be applied for restoration of the social and economic position of the project-affected persons. Land acquisition and resettlement policy has already been adopted through a resettlement framework developed by BWDB and will be concurred by the ADB. Land Acquisition (LA) and Resettlement Plan (RP) have been drafted and will be finalized at the design stage when the investment project will be approved for funding by ADB.


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6. BWDB will engage an experienced non-government organization (NGO) to assist the EA in the implementation of the RP in the project area at the field level through Narail O&M Division, BWDB, Narail. Cost of resettlement program will be borne by Government of Bangladesh. The NGO, to be hired, will be responsible to the Project Director, Southwest Area Integrated Water Resources Planning and Management Project, for performance of task. The main role of the RP implementing NGO as per the resettlement framework will therefore be to implement the RP and ensure stakeholders participation as per the project need, and provide technical assistance and manpower support to process resettlement benefits to be paid to the APs as per the RP.

II. Scope of Work- General

7. The general scope of work for the selected NGO shall include i) design, production and dissemination of information such as information brochure and leaflet regarding RP policies; ii) assisting Project Director and his staff in Land Acquisition and implementation of Resettlement Plan and iii) maintain close coordination with BWDB staff, departments/line agencies, local government officials in the performance of tasks. A list of the households with location, quantity, and quality of structures to be affected will be given to the NGO. Land acquisition requirement is shown in Table 1.1.

Table-1.1 Land Requirement for Sub-Project Schemes

Interventions Total land to be acquired (ha)

Total estimated agri-land to be acquired (ha)

Afra right bank embankment 33.75 16.875

Gobra khal embankment 9.20 4.600

Total 42.95 21.475

8. Key implementation issues in the delivery of the tasks includes: (i) Assistance in LA process (ii) consultation and stakeholder participation; (iii) verification of census/SES data; (iv) updating the RP, if required; and (v) assisting affected persons (APs) in the process of relocation/resettlement/rehabilitation.

III. Scope of Work- Specific Tasks

9. Information campaign: The implementing NGO will design, plan and implement an information campaign in the affected areas primarily to inform the APs about the entitlement policy and how to avail of their respective entitlements. The campaign would include measures such as distribution of information booklets, leaflets, notices and other materials among the APs, carrying out community meetings, public announcements and any other measures necessary to provide information to all APs in the project area.

10. Identification of entitled persons and issuance of ID cards: Consult census/survey data and prepare final list of affected households, commercial business enterprises and community establishment for issuance of ID card.

11. Assistance to APs during Relocation: The implementing NGO will assist the APs during pre and post relocation period. NGO staff will also assist APs, where necessary, in preparing grievance redress cases for consideration by the committees.

12. Assistance to BWDB in payment of Resettlement Benefits to APs: The selected NGO will be responsible to assist BWDB in processing entitlements for the APs and making payment of resettlement benefits to them. The NGO will compile and process data and develop and operate a menu driven computerized Management Information System (MIS).


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IV. RP Implementation Schedule and Tasks

13. The work is scheduled to start in July 2005. The NGO will be deployed for a period of 18 months intermittently without affecting the resettlement activity of the project. Project Director, Southwest Area Integrated Water Resources Planning and Management Project will allocate manpower and provide time schedule as per the requirement of the resettlement program. The NGO will assist BWDB in the following tasks.

i) Preparation and Updating of RP: Soon after the engineering design is finalized, the selected NGO will conduct baseline socioeconomic survey to finalize and/or update the RP. The NGO will assist (for example, in issuance and delivery of notice under section 3 of the LA Act) the DCs in the land acquisition process. The NGO will compare the field level data with the established database and check the available video films for any discrepancies.

ii) Submission of LA Plans to DCs: The NGO will assist BWDB in the preparation of

land acquisition plan (LAP), if required.

iii) Approval of LA Plan: In consultation with BWDB, NGO will maintain liaison with the DC/Ministry of Land during the process of LA approval.

iv) Joint Verification and Valuation of Property: The implementing NGO will participate

in the assessment of the affected properties and identification of their owners/users by the Joint Verification Team (JVT). Both JVT and the person concerned should sign verification records for each affected person. Disputes are also to be recorded. The NGO will collect, compile and process the data with regard to valuation of property by the Property Valuation Advisory Team (PVAT) for determination of replacement market value of property acquired.

v) Issuance of Notice Under Section 3: In consultation with BWDB, NGO will maintain

liaison with DC for issuance of Notice U/S- 3.

vi) Information Campaign and RP disclosure: The NGO will carry out consultation regarding policies and options and collection of legal documents required to claim compensation. Property owners are advised/helped to gather all required documents. The affected people will be made aware of the GRC procedures for disputes over claims.

vii) Revision of costs estimate and budget: The NGO will assist BWDB in revising budget

in view of the JVT findings and PVAT recommendations, which will be approved by BWDB.

viii) Preparation of Individual entitlements: NGO will assist BWDB to prepare individual

entitlement taking into account the DC's Payment, options made by those not covered by the law.

ix) Assessment and valuation of the acquired properties: The NGO with Resettlement Unit

officials of BWDB will maintain liaison with the DC staff to record the quantity assessed by JVT and value of the properties in accordance with the acquisition law and market price determined by PVAT.

x) Disbursement of Compensation: Payment of compensation to non-titled owners will

be processed by the NGO and payment made by the BWDB.


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xi) Issuance of Notice Under Section 6: The NGO will maintain liaison with BWDB during issuance of notice under section 6 by DC and inform the owners to present required documentation for collecting CCL.

xii) Issuance of Notice Under section 7: The NGO will assist BWDB during issuance of

notice U/S 7 by DC. If the legal documents are not up to date, disputes may arise. In such cases, the NGO will assist the APs in updating legal papers. Meanwhile, GRC will be functional to resolve compensation related disputes.

xiii) Issuance of ID Cards to legally identified owners: The NGO will assist BWDB to issue

ID cards to those whose legal ownership are established with DCs and have no further disputes.

xiv) Disbursement of cash compensation under law (CCL): When DC starts payment of

CCL, legal owners will be asked to bring in all required documents at this stage to collect the payment and the NGO will assist the APs in this connection.

xv) Finalizing Additional Individual Entitlements for those covered by law: RU with

assistance from NGO will determine additional payment, if any, over the CCL amounts. Additional compensation over CCL is finalized taking into account options made by the APs.

xvi) Disbursement of additional grants (difference between replacement market price and

CCL, if applicable): BWDB will process payment of grants to be paid to the EPs through the implementing NGO.

xvii) Land hand-over to BWDB: DC will pay CCL and the land will be handed over to

BWDB. NGO will assist BWDB in this respect.

xviii) Eviction Notice: Given to individual affected persons at completion of payment of all compensation/entitlement from DC and BWDB, NGO & BWDB will keep records of issuance date of eviction notice signed by both BWDB and evictees.

xix) Land hand-over to contractors: The NGO will assist BWDB to hand-over land to

contractors. Contractors will move into sites the day following expiration of the eviction notice.

V. Major Activities to be performed by NGO

14. The selected NGO will assist BWDB in implementing successfully all stipulations agreed in the RP in their entirety, fairly and transparently. In this context, the major functions to be performed by the NGO are:

A: Information dissemination and feedback:

i) Ensure dissemination of the project and resettlement policy related information to the project-affected persons and others (community groups, local administration, etc.) who might be considered instrumental in the effective and transparent implementation of the RP. Even though the RP recommends some dissemination mechanisms, the NGO can suggest more in the process of its implementation and would gather information and disseminate it upward to the project authority.

ii) During implementation of the project, extensive consultation and collaboration with

key stakeholders on a continued basis is planned. The selected NGO will be required


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to assist RU in organizing such consultation programs and facilitate consultation with local representatives like ward members, local leaders, participants group, etc.

B. Assisting APs in resettlement process:

i) The main purpose is to make the APs and entitled persons (EPs) aware of the acquisition process, assist them to claim the compensation under the law (CCL) to be paid by the DCs as well as those that might be paid by BWDB. Some of the major activities are: (a) ensure receipt of the acquisition Notices under sections 3, 6 and 7 of the Land Acquisition Law by the individual EPs and explaining to them the contents and implication of these Notices; (b) inform the EPs about the legal documents required for claiming compensation from DCs and resettlement benefit from BWDB to check the current status of legal documents, in order to minimize disputes over ownership, use rights and time to make the claims. This includes (1) checking with the APs to make sure that they have all the required documents to claim compensation from DCs; (2) whether or not the ownership records are up-to-date in cases of purchase/sale and inheritance of the property being acquired and advising and assisting the EPs to procure them, and (3) whether or not there are usufruct rights of others on the properties under acquisition and informing the people with such rights about the compensation policies.

ii) Inform the AP households, especially the vulnerable ones, about the “compensation

in cash and/or kind” option stipulated in the RP and ensure fulfillment of the choices made by them.

iii) Assist the APs in receiving any other entitlement such as reimbursement of stamp

duties related to land purchases. Supply tube well, sanitary latrine and saplings to each homestead losing EP after relocation.

iv) Assist the APs not covered by the Law, such as wage laborers, owners of business

on public lands, squatters and such others to get their entitlements from BWDB.

v) Counseling and helping the households, whose previous incomes have been seriously affected, to find alternative source of income.

vi) As required by the RP, the NGO will participate in the Joint physical verification of

the affected properties. In this process, the NGO will record all the joint verification data in computer, document all disputes that might be faced and the problem cases that might need special attention by BWDB.

vii) Together with BWDB, the NGO will pursue the DC and other concerned offices to

arrange on site payment of compensation and organize the EPs in groups and accompany them to the concerned offices or the project sites if DC agrees on site payment.

C. Grievances redress procedure

15. The selected NGO will play vital role in the grievances redress process. The most important preconditions for doing this with maximum effectiveness are that the NGO operatives will build personal rapport and confidence with the APs and will be fully aware of all socioeconomic problems/issues arising from the acquisition. Among other things, the NGO will:

i) Ensure that the APs are fully aware of the grievance redress procedure and the process of bringing their complaints to the grievance redress committees (GRCs).


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Narail Subproject 6

ii) Assist the APs in any usual manner (e.g., preparing applications, accompanying them to the hearing and explaining the grievance to the GRCs and the like) to bring the complaints to the committee.

iii) Impartially investigate the veracity of the complaints and try to settle them amicably,

fairly and transparently before they go to the redress committee or the courts of law.

iv) For more focused work in this area, the NGO will prepare a list of problem cases (based on ownership and other disputes detected while checking the status of legal documents, information from the APs themselves and other sources) which would be updated as and when necessary, while RP implementation progresses. In doing so, the NGO will pay special attention to the problems and needs of the vulnerable APs.

D. Information management

16. The selected NGO will collect computerized Census and SES data related to the pre-acquisition condition of the AP households and the nature and magnitude of all categories of losses as well as the compensation thereof to be determined by DCs and the Joint Verification Teams (JVT). They should update the data based on final design. All essential information will have to be generated by using one or more menu-driven MIS. Among other things, the NGO will:

i) Maintain computerized baseline socioeconomic databases and collect supplementary information as and when necessary and update them, during the course of implementation.

ii) Collect and computerize data on individual losses and the compensation thereof, as

determined by DC and JVT for all legally and socially recognized EPs.

iii) Collect and computerize all information on market survey and assessment of property and their owners by the PVAT (Property Valuation Advisory Team), process data and compile reports for the PVAT recommending replacement market price of land and other property.

iv) Collect and computerize all information related to different types of payments and

additional supports provided to the entitled person (EP) and update the EP file and EC.

v) Prepare „entitlement card‟ for the individual EPs as per their types of losses and the

amount of compensation due for each type of loss from legal title and the amount of compensation if any, to be paid by BWDB as well as other non-monetary entitlements.

vi) Prepare and issue Identification Cards for each EP (head of the household-in case

of those not covered by the law), containing his/her photograph (to be taken by the NGO itself) and other vital information.

vii) Record and maintain details of the issues/ disputes causing delay in the

disbursement/receipt of compensation and the persons involved in them, including the cases brought to the courts of law.

viii) Document information on the cases, with reasons, brought to and resolved by the

GRC, with decisions going in favor of or against the complaints. Collect and maintain relocation information on the homestead losers by categories of EP households such as legal owners, licensees, squatters and others.


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ix) Maintain information on purchase of replacement home lot and other lands as well

as the stamp duties reimbursed by the BWDB.

x) Collect and maintain information on physical, social and institutional infrastructure and amenities (latrines, tube wells, etc), if any, that might be provided by BWDB.

E. Progress reports

17. The RP requires that all APs are paid the stipulated compensations/entitlements before they are evicted from the properties and/or construction work begins. The selected NGO will provide BWDB and the ADB monthly report on the progress in RP implementation, including any issue that might be hindering progress, separately for each civil works contract. The report will be brief consisting of both quantitative and qualitative information on:

i) The NGO in its report should reflect the status of issuance of the major notices (e.g. 3,6,7) by DC under the acquisition law, maintain a land register with valuation of the affected properties, placement of funds with DCs by BWDB, etc.

ii) Total number of EPs identified by DCs for CCL and the cumulative progress made

in disbursement of CCL by loss categories.

iii) Total number of EPs (recognized by DCs) eligible for additional payment from BWDB and cumulative progress made in payment by loss and entitlement categories.

iv) Number of vulnerable affected households and estimates of the number of such and

other households choosing „compensation in kind‟ under the „cash-or-kind‟ option specifics of such choices and the progress made in implementing the related policies.

v) Total number of the EPs, who are not covered by the law (but are socially

recognized owners/users of the affected properties), identified for compensation/entitlement from BWDB and cumulative progress made in disbursement by loss and entitlement categories.

vi) Number of cases received by the Grievance Redress Committee indicating the types

of grievance made in favor of or against the complainants.

vii) Total number of home lot losers needing relocation and resettlement provisions are stipulated in the RP.

viii) Any other issues that is relevant to implementing the policies stipulated in the RP.

18. The selected NGO will design tabular and other formats appropriate for reporting on the above information. To the extent possible, the tables will have to be pre-programmed in the menu-driven MIS and the quantitative reports will have to be generated directly.

F. Reporting Requirements

19. The selected NGO appointed by BWDB for implementation of the RP will report to the Project Management Office (PMO) and Asian Development Bank. The


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Narail Subproject 8

selected NGO shall provide 5 copies of final report at the end of the project and monthly progress report on or before 10th day of the following month. Each report shall set forth concise statement concerning the activities relevant to the jobs and will include:

i) A clear and complete account of work performed in each project component;

ii) Work planned for the next reporting period;

iii) Status of funding and expenditure;

iv) Identification of any problems encountered or anticipated that would affect the completion of the project within the time and money constraints set forth in the agreement, together with recommended solution to such problems.

20. A mid-term report shall also be prepared for the project by the NGO. This report should summarize progress, present the results of the strategic planning process, identify any potential problems or issues and provide details of the work to be completed over the remaining project period. The NGO will be encouraged to produce working papers and technical papers throughout the implementation period after the project starts.

VI. Monitoring and evaluation

21. The NGO will take care and the TA Consultants will ensure the following issues in implementation of the RP:

A. Establishment of cut-off date

22. Notice under section 3 is the cut off date as per the 1982 land acquisition act of the government. To avoid fraudulent claim in paying resettlement benefits, dates of carrying out census and video filming by independent body can be considered as the cut off date by the BWDB.

B. Quantification and valuation of affected property

23. The NGO will have to ascertain appropriate method of joint verification and valuation of affected property to ensure replacement market price.

i) Quantification of loss through joint verification. The Requiring Body (RB) and the Acquiring Body (AB) should consult the Socio-economic Survey data during Joint Verification. The Joint Verification forms should be filled up in the field and signed copies to be given to the parties to stop manipulation.

ii) Valuation of affected property. For Valuation of affected property, formal and informal sources will be explored by the NGO under supervision of PVAT (a legal body with representatives from acquiring body (AB), requiring body (RB), Acquiring body and NGO) to ensure market price. To expedite their work, district administration can make use of this information in calculating CCL for affected property.

iii) Comparison of data: The NGO should compare census data with the award data and the JV data. Discrepancy in between databases should be resolved through GRC (a legal body with representatives from RB, the NGO and local Govt.).

iv) Payment of Invoice. Bill for the NGO services will be paid as per the quantity of work done during the preceding month.

C. Identification of entitled persons (EPs)


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24. ID cards to the EPs will be issued with due certification from the U/P members or Ward Commissioners. BWDB officer involved in implementation of RP will recheck if needed. Authenticity of legal documents to be ascertained and their availability to the NGO has to be ensured by the Acquiring Body (AB) and Requiring Body (RB).

D. Resettlement of vulnerable EPs

25. Special program for vulnerable people will be finalized after detailed consultation with the local people and the BWDB so that it suits with the stakeholders.

E. Measuring RP Implementation Progress

26. General: For monitoring progress of NGO work in RP implementation, an appropriate monitoring format should be prepared with score/weight against each activities and sub-activities. A user-friendly menu driven software should be used to generate progress reports for monitoring the progress instantly. The software will be simultaneously operated by the PD, the NGO and the SC so that all the organizations are aware of the progress instantly.

27. Proper training and orientation to the BWDB staff is given so that they can supervise the NGO activity appropriately from the very beginning and operate the Menu driven MIS to remain updated about the progress and problem. CCL payment records should be collected from DC office regularly and be compared with the payment data of the NGO so that the progress achieved, mistakes made, if any by the stakeholders in the process of RP implementation are checked and verified instantly. Before making payment of entitlement, land schedule and census data will be compared with the payable amount, to avoid mistake or fraud.

28. Criteria for evaluation: There are number of actions needed in collecting CCL and grants. The NGO operatives will investigate the steps completed so far in collecting compensation for a particular plot. Data collected through Focus Group meetings in this connection will be processed in a computerized system to monitor the progress in CCL and grant collection by the EPs. Performance evaluation of the NGO operatives, especially the field staff will be judged by that progress. Production and application of RP implementation tools, payment of grants and resettlement of APs should be the basis for calculating NGO performance.

29. The NGO will develop monthly progress reporting format as per the requirement of the ADB and BWDB. Based on the quantitative reports generated through the above-mentioned computerized system, monthly progress report by NGO will be prepared and submitted to the BWDB.

30. Co-ordination: The NGO will sit with the BWDB/DC/SC on a regular basis, where discussion on progress and constraints of the previous month will be held. Actions to be taken and the key actors for the tasks concerned will be identified as tasks assigned from respective agencies. In case of any items are not covered by the RP, the Co-ordination meeting should come up with recommendations, which should be approved and implemented through executive order of the BWDB.

VII. Criteria for NGO selection

31. The NGO to be selected for the tasks must have proven experience in resettlement planning and implementation. Specifically, the selected NGO must have (i) demonstrated capacity to mobilize the required trained and experienced field staff, and (ii) experience in implementation of resettlement plan. The NGO must have at least 5 years of working experience in the implementation of resettlement programs in donor-


TA 4079-BAN Annex 1


funded development projects. The interested NGO must fulfil the following requirements for participating in the bid:

i) NGO must have at least 5 years of working experience in the implementation of the resettlement and land acquisition under externally-funded development project.

ii) The NGO must be registered under the Social Welfare Department or under the

NGO Affairs Bureau.

iii) The NGO must be able to present certificate from the concerned Government authority to verify their satisfactory performance in resettlement/social surveys, planning and implementing resettlement plan, monitoring and evaluation through effective management information system and preparation of analytical/evaluation reports meeting the standards of the external financiers.

iv) The NGO must be able to present audit report in the last three years that verifies

the sufficient financial base to undertake and operate large programs. VIII. Staffing

32. The NGO must be able to present evidence of sufficient experienced and trained manpower to be mobilized to this end. The NGO will provide staff input for the sub-project in order to carry out the works under this Terms of Reference (TOR). The man-months and designation of the staff should be as stated in Table 2. The NGO should show the duration of their services and limit as per requirement in consultation with the civil works contract.

Table 2 Staffing for RP Implementation

Sl. No. Position Nos. Unit Estimated no. of man-month

A. Professional Staff

1. Team Leader (Resettlement Specialist) 1 18

2. Deputy Team Leader (Resettlement Expert) 1 18

3. Land Acquisition Specialist 1 6

4. Women in Development Specialist 1 6

5. Computerized MIS Specialist 1 18

Sub-total 5 66

B. Office Support Staff

1. Database manager 1 18

2. Accountant 1 18

3. Computer Operator 2 36

4. Messenger 1 18

Sub-total 5 90

C. Field Support Staff

1. Area Manager 2 36

2. Supervisor 3 54

3. Field Accountant 2 36

4. Resettlement Worker 12 216

5. Messenger 2 36

Sub-total 24 378

Grand Total 34 534

IX. Minimum required experience of professional staff


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33. The professional staff to be proposed by Implementing NGO should have the qualification and experience as shown in Table 3.

Table 3: Qualification of the Key Staff

Position Academic Qualification

Specific experience

Team Leader M.Sc. / MSS/ MA Eight years of working experience in planning and implementing resettlement program and in (i) leading and supervising multidisciplinary teams engaged in socioeconomic development activities; (ii) multidisciplinary action research/surveys; and thorough knowledge of (iii) Bangladesh land administration system and land acquisition laws; (iv) process and functionaries involved in land administration and acquisition; (v) report writing capability; and ability to demonstrate personal integrity and create a transparent and accountable work environment.

Deputy Team Leader B.Sc./ BSS/ BA Five years of working experience in (i) leading and supervising multidisciplinary teams engaged in socioeconomic development activities; (ii) ability to conduct methods; and thorough knowledge of (iii) Bangladesh land administration system and land acquisition laws – specifically the property valuation process; (iv) the process and functionaries involved in land administration and acquisition; and (v) report writing capability;

Land Acquisition Specialist

MSS/MA/ LLM Six years of working experience in involuntary resettlement program having thorough knowledge about (i) Bangladesh land administration system and land acquisition laws-specifically the properly valuation process; (ii) the process and functionaries involved in land administration and acquisition; (iii) examining/identifying legal issues involve in land transaction, inheritance and other issues related to legality of ownership, (iv) working with mouza maps and (v) advising on resolving legal issues.

Women in Development Specialist

MSS/MA At least four years working experience and thorough knowledge of gender issues and their implications in development projects; research and work experience relating to gender issues; and knowledge of techniques and their applications in mobilizing community participation in development programs.

Computerized MIS Specialist

MSc.

At least eight years working experience and knowledge of software, preferably relational, that are most commonly used in Bangladesh; demonstrated ability to design and implement user friendly menu-driven MIS (s) for monitoring progress and generate reports as and when necessary.

X. Evaluation of Proposal

34. The technical proposal will be evaluated as per Table 4 below.

Table 4: Evaluation Criteria

Evaluation criteria Points Total points

1. Competence of Organization 25

1.1 Registration 5

1.2 General experience 5

1.3 Similar experience 10

1.4 Experience in software development and MIS operation 5

2. Understanding of the TOR 10

2.1 Concept & objectives 1

2.2 Scope of work 2

2.3 Assumption and risks factors 5

2.4 Comments on TOR 2

3. Approaches and Methodology 25

3.1 Approach & methodology 5

3.2 Team composition and manning schedule 5

3.3 The work plan 15

4. Competence of key staff 40

4.1 Academic qualification 5

4.2 Experience in socioeconomic research 10

4.3 Work experience in general areas of socioeconomic development 10

4.4 Experience in similar tasks 15

Total 100


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XI. Budget and Logistics:

35. The budget should include all expenses such as staff salary, office accommodation, training, computer programs, transport, field expenses and other logistics necessary for resettlement implementation. Additional expense claims whatsoever outside the proposed and negotiated budget will not be entertained unless approved by BWDB. VAT, Income Tax and other charges applicable will be deducted from the bill as per rule.

XII. Submission of proposal and the content

36. The combined technical and financial proposal 1 original and 3 certified copies to be submitted to the Project Director of the Southwest Area Integrated Water Resources Planning and Management Project of BWDB during office hours on or before 1 Nov, 2004. The technical and financial proposals are to be submitted in two separate sealed envelopes clearly marking the name of the project and contact address of the NGO.

37. The contents of the proposal should be in accordance with the procedure and stipulations of RFP to be adopted for recruitment of NGO as per ADB procurement policy in compliance with the GOB policy.

XIII. Selection of proposal

38. The NGO will be selected through quality and cost based selection (QCBS) method. The Technical Proposal will have 80% marks while the Financial Proposal bears 20% marks. The evaluation of the technical proposal and financial proposals as above will be ranked and the three first ranked proposals will be selected for negotiation. The first ranked NGO will be called for negotiation first. The financial proposal of the NGO will be revised in the negotiation meeting, if needed. Upon successful negotiation, the NGO will be awarded contract. If failed, the second ranked NGO will be invited and so on.

Project Director Southwest Area Integrated Water Resources Planning and Management Project


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Narail Subproject 1

ANNEX 2

Southwest Area Integrated Water Resources Planning and Management Project

Land Acquisition and Resettlement for Narail Subproject Independent Monitoring of Resettlement Activities

TERMS OF REFERENCE

I. Background

1. The Southwest Area Integrated Water Resources Planning and Management Project (the project) aims to enhance economic growth and reduce poverty in the rural areas of the selected sub-regions in the Southwest.18 Its immediate objective is to enhance productivity and sustainability of existing FCD/I systems suffering from low performance and incomes. This is achieved through (i) preparing participatory integrated water management plans (IWMPs) for the concerned areas; (ii) delivering services for WMO development, water management facilities, and support for agriculture, fishery, and livelihood enhancement; and (iii) strengthening institutions to operate these functions in delivering intended benefits with self-sustaining O&M.

2. The Project has three components: (i) IWMP preparation; (ii) sustainable and productive water resource management through IWMP implementation; and (iii) institutional strengthening and project management. The first component will culminate into IWMPs for the selected FCD/I schemes covering about 100,000 ha of hydrological areas, including 57,000 ha where sample IWMPs were prepared under the PPTA.19 The output of the second component will substantially improved agriculture and fishery productivity and reduced poverty in the said areas, improved livelihood of some 0.8 million people, and local WMOs that are established and can sustain the benefits through regular O&M and integrated management of their designated facilities. The third component will culminate in operation of mechanisms for participatory IWMP preparation, service delivery for their implementation, and post-completion water resource management through strengthening of sector institutions and their management.

3. Narail Sub-Project is one of the two sample IWMPs prepared under the PPTA and surrounded by Chitra and Afra rivers having gross area of 31,600 ha out of which net area is 23,470 ha. The original idea behind the Subproject was to provide flood control and drainage to Nrail Sadar and Kalia upazilas under Narail district and Avainagor upazila under Jessore district from flooding mainly by Chitra river.

4. The main objective for rehabilitation of the sub-project is to increase agriculture production, farm incomes and employment opportunities by improving water management facilities and the capabilities of the beneficiaries to manage the facilities. The improved facilities will be made effective by controlled flooding and drainage through compartmentalization. Proposed interventions for rehabilitation are (i) re-sectioning of 10km existing embankment (ii) construction of 16.5km new embankments on Afra right bank and on both banks of the Gobra khal, (iii) excavation 0.5km new drainage channels (iv) re-excavation of 227km existing channels (v) construction of 14 regulators (vi) rehabilitation of 7 regulators (vii) construction of 16 water retention

18 Northern districts along the Gorai River and its tributaries, including Narail, Jessore, Magura,

Faridpur and Rajbari districts. The sub-region is extensively covered by existing embankment systems placed by BWDB.

19 Chencuri beel and Narail subprojects in Narail district.


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structures and 4 inlet/outlets, (viii) construction of 4 check structures and (ix) formation of 6 compartments with necessary control structures.

5. The subproject interventions requiring land include construction of 12.5 km flood control embankment on the right bank of Afra river from Sheikhhati to Durbajuri at Jessore-Narail highway. The embankment on the Afra right bank will take a base width of 27m without berm. Construction of a total of 4.00km flood control embankment on both banks of Gobra Khal will need an average base width of 22m at one bank and 24m in the other without berm. The project requires a total of 42.95 ha land; 33.75 ha in Afra right embankment and 9.20 ha in Gobra khal embankments on both banks

6. The adverse impacts due to undertaking of the programmes under the sub-project will displace 500 persons in 100 households. The interventions will also displace 30 shops, 11 community structures, 3 Hindu burial tombs and remove 8 ponds, 8 ghers and 16 betel leaf barojes. Additional 71 households will be affected for loss of ponds, ghers and betel leaf barojes. About 64 households, 4 SBEs, 2 CRPs, 8 ponds/ghers and 7 borojes will be partially affected and will not need relocation.

7. The Subproject Management Office (SMO), BWDB, Narail will implement the RP engaging an experienced non-governmental organization (NGO) for the Narail Subproject. The NGO will implement the RP as per the resettlement policy with the spirit of the resettlement framework, ensure stakeholders participation, and provide technical assistance for compensating the APs as per entitlement matrix of the RP.

8. The construction TA Consultants (TAC) through its national and international resettlement specialists will supervise and monitor the resettlement activities for the Project. The BWDB is intending to engage an independent consultant to ensure complete and objective information on monitoring, review and evaluation of the resettlement interventions.

II. Objectives of Independent Monitoring and Evaluation

9. In order to ensure effective implementation of the RP policy, independent monitoring by an external consultant has been considered instrumental. The executing agency will bank on the independent monitor to ensure RP implementation activity efficiently. The independent monitor will identify bottlenecks and amend/improve the RP implementation procedure or payment modality through executive order from the EA. The major objectives of engaging the independent monitor are to:

Assess the overall approach of resettlement activities along eroding bank lines

Verify results of internal monitoring;

Assess whether resettlement objectives have been met; specifically, whether livelihoods and living standards have been restored or enhanced;

Assess resettlement efficiency, effectiveness, impact and sustainability drawing lessons as a guide to future resettlement policy making and planning; and

Ascertain whether the resettlement entitlements were appropriate in meeting the objectives, and whether the objectives were suited to AP conditions.

III. Scope of Work - Specific Tasks

10. The independent consultant will set up baseline indicators reviewing available data and or collecting primary data for monitoring and evaluation, building upon the Projects' own record keeping system. It will also include maps, charts, photographs of


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affected property, copies of contracts and land titles, payments, and valuation documents relating to resettlement. The tasks of the independent monitor are to

Establish system of internal monitoring to assess progress in meeting key targets in the Resettlement Plan: budget and time frame, delivery of AP entitlements, consultation, grievance and special issues and benefits.

Conduct regular reviews, based on internal monitoring and evaluation reports, involving key stakeholders including AP representatives. Reach consensus on actions required to improve resettlement performance and implement them.

Establish a system for external monitoring and evaluation to assess achievement and suitability of resettlement objectives.

Establish monitoring and evaluation reporting methods and reporting requirements.

Involve APs, hosts, NGOs and community in Project monitoring and evaluation using appropriate methods.

Include an ex-post evaluation of resettlement to be conducted by the independent monitor after completion of the Project.

Review lessons learned for resettlement policy making and planning.

11. In specific to the Project the independent monitor should perform the following activities

Monitor the authenticity of the data and the approach for generation of those.

Review justification for changes in RP policy and budget.

Verify progress and achievement of implementing NGO and devise formats for estimating various indicators responsible for achievement of progress.

IV. Monitoring Indicators and Information

12. The potential indicators for external monitoring are as follows:

1) Basic information on AP households

i) Location

ii) Composition and structure, ages, educational and skill levels

iii) Gender of household head

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

v) Housing type

vi) Land and other resource owning and using patterns

vii) Occupations and employment patterns

viii) Income sources and levels

ix) Agricultural production data

x) Participation in neighbourhood or community groups


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xi) Value of all assets forming entitlements and resettlement entitlements

2) Reconstruction of living standards

i) Cost of compensation and entitlements

ii) Adoption of housing options developed

iii) Restoration of perceptions of "community"

iv) Replacement of key social and cultural elements

3) Reconstruction of livelihoods

i) Cost of compensation and entitlements

ii) Degree of sufficiency of the compensation and entitlements

iii) Availability of replacement land

iv) Degree of sufficiency of transfer and relocation grants to cover the costs incurred

v) Degree of sufficiency of income substitution allowances

vi) Degree of sufficiency of assistance for re-establishment of business enterprises

vii) Income earning opportunities provided to the vulnerable APs and their adequacy

viii) Degree of sufficiency of the jobs provided to the APs to restore pre-project income level

4) Levels of AP satisfaction

i) Level of the knowledge about resettlement procedures and the entitlements ii) Knowledge base on fulfillment of these provisions iii) AP assessment on restoration of living standards and livelihoods iv) Knowledge on GRC mechanism and conflict resolution procedure

5) Effectiveness of Resettlement Planning

i) Assistance provided to land speculators

ii) Sufficiency of time and budget to meet objectives of the RPs

iii) Degree of generosity of the entitlements

iv) Identification of vulnerable groups

v) Dealing with unforeseen problems by resettlement implementers

6) Other Impacts

i) Unintended environmental impacts

ii) Unintended impacts on employment or incomes


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V. Approach and Methodology A. General Approach

13. Appropriate methods will be followed to collect field level information in order to review and compare the socio-economic condition of APs "before" and "after" resettlement program. Collected information on the key indicators of resettlement progress, efficiency, effectiveness, impact and sustainability will be analyzed. The monitoring and evaluation consultant will also conduct at least one ex-post evaluation surveys to assess the achievement of resettlement objectives, the changes in living standards and livelihoods and the restoration of the economic and social base of the APs.

B. Detailed Methodology

14. The independent monitor will use existing baseline census and survey data with their periodic updates. In specific the independent monitor perform its activity in the following methods:

15. Review pre-project baseline data on income and expenditure, occupational and livelihood patterns, leadership, community organizations and cultural parameters.

16. Identify an appropriate set of indicators for gathering and analyzing information on resettlement/rehabilitation impacts; the indicators shall include but not limited to issues like relocation of affected people, delivery of entitlement, and level of satisfaction by the beneficiaries of the programs.

17. Review result of internal monitoring and verify claims through random checking at the fields level to assess whether resettlement/ rehabilitation objectives have been generally met. Involve the APs and community groups in assessing the impact of resettlement programs for monitoring and evaluation purposes.

18. Conduct both individuals and community level impact analysis through the use of formal and informal surveys, key informant interviewers, focus group discussions, community public meetings, and in-depth case studies of APs/women from the various social classes to assess the impact of RP implementation.

C. Methodology for Participatory Rapid Appraisal

19. The affected and host people should be involved in the monitoring and evaluation process to solve day-to-day problems arising during resettlement operations. APs, local CBOs, and/or NGOs should be involved in the process. The key players should be involved in the evaluation design and implementation. Participatory Rapid Appraisal (PRA) techniques should be undertaken to foster the involvement of APs and other key stakeholders in resettlement monitoring and implementation. The methodology of the PRA should be as follows:

i) Key informant interviews: select local leaders, village workers or persons with special knowledge or experience about resettlement activities and implementation.

ii) Focus group discussion: specific topics (e.g. land compensation payments, services at resettlement sites, income restoration, and gender issues)

iii) Field observations on status of resettlement implementation, plus individual or groups interviews for cross-checking purposes.


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iv) Informal surveys/interviews: informal surveys of APs, hosts, village workers, resettlement staff, and implementing agency personnel using non-sampled methods.

VI. Required Resources

20. The tasks require a consultant experienced in the field of resettlement planning, implementation and monitoring. The consultant should have sufficient technical and professional skills in dealing with involuntary resettlement as per ADB guidelines.

VII. Criteria for selection of Consultant

21. The Consultant must be able to present appropriate evidence to verify his/her satisfactory performance in resettlement planning, implementation, monitoring and evaluation and preparation of analytical/evaluation reports meeting the standards of the external financiers.

IX. Staffing for the Tasks

22. The consultant must be ready and able to mobilize sufficient qualified, experienced and trained manpower to collect data according to the requirements. In order to carry out the tasks stipulated in this Terms of Reference, the field level input should be limited as shown in Table 3 below. The consultant should show the duration of their services and limit as per requirement in consultation with the civil works construction. However, the mobilization is based on field requirement only.

Table 3: Staffing for Independent Monitoring

Position Nos. Unit Estimated no. of man months

Resettlement Monitor 1 6

Data Collector 4 12

Data Entry Operator 1 3

Computer Program 1 3

Total 7 24

X. Stakeholders and their Responsibility a. Responsibility of Executing Agency

23. The Bangladesh Water Development Board through its Project Management Office and the Subproject Management Office will ensure timely supply of background references, data and project options to the independent monitor. It will ensure uninterrupted access to work sites, relevant offices of the GOB and BWDB in particular. The independent monitor will sit in quarterly coordination meetings with the BWDB in presence of the TA Consultants and the BWDB should organize that at PMO or SMO level as appropriate.

24. The BWDB will respond to the recommendations of the independent monitor based on the result of the monitoring provided the recommendations are within the scope of work and there is nothing incorrect in the report.

b. Responsibility of Consultant

25. The TA Consultants will provide appropriate protocol at site or at its Project Office for the mission of the independent monitor. It will, on behalf of the EA, ensure free access to work sites, impact areas and the database on resettlement and civil works.


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The TAC will ensure timely intimation of its civil works planning as and when made or updated during the construction period and keep the independent monitor informed.

c. Responsibility of RP Implementing NGO

26. The RP implementing NGO will assist and cooperate the independent monitor through providing free access to its database and the automated management information system (MIS). It will provide copies of the progress reports and other reports as requested by the independent monitor. The implementing NGO may have to carry out surveys as well for fulfillment of the requirements of the independent monitor.

d. Asian Development Bank

27. The Asian Development Bank will review the activities of the independent monitor in light of the social safeguard strategy and the involuntary resettlement guideline. The Bank will ensure timely response from the EA on queries and recommendations from the independent monitor.

XI. Time Frame

28. The independent monitor will be employed from October 2006 until June 2009 with intermittent inputs each year of implementation. The independent monitor will provide 2 months in each year of implementation associating his/her support staff.

XII. Reporting Requirement

29. Half yearly monitoring report should be submitted to the BWDB with copies to the ADB. An evaluation report at the end of the Project should be submitted to the BWDB and concerned parties with critical analysis of the achievement of the program and performance of the EA and NGO. The independent monitor will report to BWDB and ADB based on some agreed upon formats developed in consultation with the BWDB.

Project Director Project Management Office (PMO) Southwest Area Integrated Water Resources Planning and Management Project BWDB, Dhaka

SOUTHWEST AREA INTEGRATED WATER RESOURCES PLANNING …southwest.bwdb.gov.bd/files/report/b9c24f5cb5a03f5bace9a2dd5b3… · Southwest Area Integrated Water Resource Management Project

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