BAN: City Region Development Project for Water Supply and Sanitation in Gazipur Subroject

Transcription

1 Resettlement Plan Document Stage: Draft for Consultation Project Number: July 2010 BAN: City Region Development Project for Water Supply and Sanitation in Gazipur Subroject Prepared By: Local Government Engineering Department (LGED), Government of Bangladesh The Plan is a document of the Borrower. The views expressed herein do not necessarily represent those of ADB s Board of Directors, Management, or staff, and may be preliminary in nature.

2 ABBREVIATIONS ADB Asian Development Bank ARIPO Acquisition and Requisition of Immovable Property Ordinance CRDP City Road Development Project DoE Department of Environment GOB Government of Bangladesh GRC Grievance Redressal Committee GRM Grievance Redress Mechanism IRS International Resettlement Specialist LGED Local Government Engineering Department MDSC Management, Design and Supervision Consultants NRS National Resettlement Specialist PMCU Project Management Coordination Unit PIU Project Implementation Unit RSS Resettlement Support Staff SIA Social Impact Assessment SPS Safeguard Policy Statement

3 TABLE OF CONTENTS EXECUTIVE SUMMARY 1 I. PROJECT DESCRIPTION 2 A. Overview 2 B. Subproject Components 2 II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 5 III. SOCIOECONOMIC INFORMATION AND PROFILE 8 IV. INFORMATION DISCLOSURE, CONSULTATION, AND PARTICIPATION 10 A. Public Consultation 10 B. Information Disclosure 11 C. Continued Consultation and Participation 11 V. GRIEVANCE REDRESS MECHANISM 12 VI. LEGAL FRAMEWORK 13 VII. ENTITLEMENTS, ASSISTANCE AND BENEFITS 14 A. Eligibility 14 B. Entitlements 14 C. Assessment of Compensation Unit Values 17 VIII. INCOME RESTORATION AND REHABILITATION 17 A. Basic Provision for Relocation 17 B. Income and Livelihood Rehabilitiation 18 IX. RESETTLEMENT BUDGET AND FINANCING PLAN 19 A. Project Management Coordination Unit 20 B. Project Implementation Unit 20 C. Management, Design and Supervision Consultants 20 X. IMPLEMENTATION SCHEDULE 22 XI. MONITORING AND REPORTING 23 Annexures 1. Census Questionnaire for Permanent Land Acquisition and Resettlement Census Questionnaire Inventory of Temporary Loss Details of Public Consultation and Focus Group Discussions Future Consultation and Disclosure Roles and Responsibilities Monitoring Indicators and Sample for Status Report 36

4 EXECUTIVE SUMMARY 1. The City Region Development Project (CRDP) (the Project) will be financed by the Asian Development Bank (ADB) and is being formulated as a project loan using the sector approach to be implemented over a 6-year period (January 2011 to December 2016). This document is a draft Resettlement Plan (RP) prepared for the Gazipur Water Supply and Sanitation subproject. It is based on a feasibility level study and preliminary engineering design and will be updated at the final detailed engineering stage. The RP is prepared in accordance with the ADB Safeguard Policy Statement, 2009 (SPS), Government of Bangladesh s (GOB) policy, i.e., the Acquisition and Requisition of Immovable Property Ordinance, 1982 (ARIPO), and the Resettlement Framework (RF) adopted for the Project. It is classified as Category B according to ADB s SPS as minimal land acquisition and resettlement is required. 2. Summary of Resettlement Impacts. A total of 16 households (HHs) will be affected consisting of five HHs (39 affected persons) losing a small piece of land for 4 proposed tube wells and 1 public toilet; and 11 street hawkers/mobile vendors who will experience temporary economic impacts. Four proposed tube wells will be constructed on private land amounting to a total of 425 sq.m. and one public toilet amounting to 144 sq.m. A total of 18 fruit bearing trees were identified on these lands. No buildings or structures will be affected and there are no encroachers and squatters present. The 50 km. of distribution extension pipelines will be within the public right of way (RoW) and will temporarily affect the identified street hawkers and mobile vendors who will experience temporary economic displacement. Each hawker operates a small shop within a temporary bamboo or wooden structures/kiosks which can be easily shifted with minimal disturbance. There are a total of 13 vulnerable HHs as they earn income considered below the poverty line. 3. Public consultations. Consultations were carried out during RP preparation and will continue throughout the subproject cycle. A grievance redress mechanism will be made available as explained in this RP. 4. Implementation Arrangements. The subproject will be managed and implemented through a Project Implementation Unit (PIU) based in Gazipur Pourashava with the overall support and guidance of the Project Management Coordination Unit (PMCU) based at LGED Headquarters in Dhaka. The detailed design, preparation and implementation of the capital investments will be supported by: (i) consultancy support (both international and national); and (ii) technical support from LGED and the Department of Public Health Engineering (DPHE). The PIU will implement the RP with support from the PMCU and consultants. The PIU will provide adequate and appropriate replacement structures or cash compensation at full replacement cost, adequate compensation for partially damaged structures, and relocation assistance, as per the entitlement matrix within this RP. Income restoration assistance to the affected persons includes both short and medium term strategies. The Government will provide all funds for land and resettlement in a timely manner. 5. RP Implementation and Monitoring. All compensation is to be paid prior to displacement (both physical and economic) however, ongoing income rehabilitation activities will continue after construction begins. Written confirmation of full compensation to DPs must be made to ADB prior to commencement of civil works in sections ready for construction. The estimated total period of the implementation of the RP is 13 months. Monthly monitoring reports will be submitted by PIU to PMCU. PMCU will consolidate monthly reports into quarterly monitoring reports and will submit to ADB. 1

5 RESETTLEMENT PLAN: GAZIPUR I. PROJECT DESCRIPTION A. Overview 1. The CRDP emphasizes economic Growth in Dhaka and Khulna city regions of Bangladesh through (i) creation of an enabling environment towards improved governance and capacity building of the local governments; and (ii) prioritized investments in infrastructure sectors in the two regions. The objectives of CRDP are: (i) to improve the regional economic and social context through long-term development plans and investment programs, set within an institutional and regulatory context that will ensure implementation and review; (ii) to improve the capacity and mandate of local government to govern and to invest in improved economic activity at local level; (iii) to improve the economic context for sustainable commercial and industrial growth; and (iv) to improve the economic and social needs of the urban population, as an inclusive aspect of the CRDP. The subprojects are largely built around integrated area planning principles which enhance economic activity in the regional context and provide opportunities for investment. This draft RP is based on a feasibility level study and preliminary engineering design and will be updated at the final detailed engineering stage. 2. The Gazipur water supply/sanitation subproject focuses on providing a sustainable framework in which water supply and sanitation (WSS) improvements may be delivered more effectively by incorporating and optimizing existing systems. At the same time, the subproject seeks to mitigate as far as practicable, the current depletion of groundwater resources by substantially reducing wastage in water delivery and use. A key aim of the subproject is for water to be produced and delivered more effectively and to improve energy efficiency and reduce power consumption. 3. The specific objectives of this subproject are to: (i) rehabilitate the existing water supply sources, including the production tube wells and the distribution system in the core area of Gazipur; (ii) expand the sources of water supply within the core and fringe areas, including the construction of new production wells; (iii) improve the institutional structure of the Pourashava to more effectively deliver water and sanitation services; (iv) improve overall health and sanitary conditions; and (v) improve the financial standing of WSS services through the introduction of modern accounting, billing and revenue collection to full cost recovery. B. Subproject Components 4. The details of each subcomponent under the subproject is described in the sections below and illustrated in the map in Figure 1. 2

6 Figure 1: Water Supply and Sanitation Component in Gazipur 3

7 1. Water Supply 5. Rehabilitation of existing production tube wells. The subproject includes rehabilitation of eight existing tube wells. Rehabilitation will include the following works: (i) collection of bore hole data and design; (ii) inspection by closed-circuit television (CCTV); (iii) unclogging tubewell silt deposits; (iv) removal of silt and debris; (v) borehole disinfection; and (vi) conducting step-drawdown test. Actual requirements will be based on the findings of the hydrogeological study. The locations of the tube wells are in Table 1. Table 1: List of Existing Production Tube Wells Sl No Location and Area of the Production Tube Ward No Well (PTW) PTW-01 Rajbari Water Works Compound 04 PTW-02 Boruda 04 PTW-03 Madhov bari Water Works Compound 04 PTW-04 Bazar Water Works Compund 03 PTW-05 North Bilashpur 03 PTW-06 Laxmipura Water Works Compound 07 PTW-07 East Chandana near graveyard 07 PTW-08 Laxmipura Talukdar para Refurbishment of existing water supply network. The existing water supply network in Gazipur Pourashava consists of 28 km of mainly PVC pipelines of 100 to 200 mm diameter. Activities under this component include: (i) removing and replacing broken or leaking pipes; (ii) installing washout valves; (iii) flushing pipes for silt removal; and (iv) replacing illegal connections with new metered service. The work will be carried out to the existing distribution systems. 7. Interconnections of existing networks. A system of interconnection will be designed as part of the network analysis carried out in Phase 1 of this subproject. It is envisaged that significant operational efficiencies may be realized by the interlinking of the networks especially in regard to proposed network extensions and the provision a continuous 24 hrs supply. 8. Expansion of distribution network. It is aimed to increase the piped supply coverage from 34 65% of the Gazipur population. New supply areas will be determined during detailed design taking into account the findings of population surveys. Installation of water meters at consumer premises and production wells are also proposed. Allowance has been made for the installation of 1,000 new meters with valved service connections. Current estimates for new pipeline lengths are given in Table 2. Pipe Diameter 200 mm 150 mm 100 mm Total Table 2: Proposed Pipeline Network Extensions Existing pipeline (km) Proposed Extension Length (km) New production tube wells. Activities are to include the drilling of 12 new production tube wells to provide additional water corresponding with the expansion of the water supply network. It is envisaged that 8 new production wells will be drilled with an additional 4 to be drilled as replacement of existing wells. The details on the location of the proposed production tube wells are described in Table 3. 4

8 Table 3: List of Proposed Production Tube Wells Sl No Location and Area of the Proposed Ward No Production Tube Well (PTW) PTW-01 East Bhurulia near primary school 01 PTW-02 West Bhurulia near mazir khola 01 PTW-03 West Bhurulia (Chayatoru) 01 PTW-04 West Bhurulia near nandita hall 01 PTW-05 Near mariali school 03 PTW-06 West side of Niamot sharak 03 PTW-07 Sahapara 04 PTW-08 Sashan 04 PTW-09 Harinal 05 PTW-10 Bangalgach 06 PTW-11 East Chandana 07&08 PTW-12 Near Tin Sharak Water supply to informal housing areas. The subproject will provide new production wells, hand pumps and drainage facilities in areas where gaps in provision have been identified under feasibility studies during the detailed design stage, including informal housing areas and in rural development clusters. 2. Sanitation Facilities 11. Public Toilets. Public toilets are very limited in the core area and this component includes for the construction of 10 new public toilets and wash facilities. Facilities are to be provided with piped water supply and drainage system with suitably designed soakways. The details on the names and locations of the proposed public toilets are described in Table 4. Table 4: List of Proposed Public Toilet Sl No Location and Area of the Proposed Ward No Production Tube Well (PTW) PT-01 Near Duet 01 PT-02 Near BIDC Bazar 01 PT-03 Near Mazirkhola 01 PT-04 South Corner of Rajbari Field 04 PT-05 Raj Dhiigir Par 04 PT-06 Joor Pukhur par 04 PT-07 Kanya bazaar 06 PT-08 Niler Para near market 06 PT-09 Near Laxmipura jave councilor office 07 PT-10 Dirashram bazaar Pit Latrines. The subproject also aims to construct 2,000 new pit latrines in the core and fringe areas, matching the priority needs identified during the course of discussions between the consultant team and representatives of the pourashava. 13. Sludge Management. Towards improved operation and maintenance (O&M) of the existing septic tanks within Gazipur, the subproject will provide new septage collection equipment and vehicles. Sludge drying beds are proposed to be developed at the existing solid waste dumping ground at Gazipur. II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 14. A total of 16 HHs will be affected consisting of five HHs losing a small piece of land for 4 proposed tube wells and 1 public toilet; and 11 street hawkers/mobile vendors who will experience temporary economic impacts. Four proposed tube wells will be constructed on 5

9 private land amounting to a total of 425 sq.m. and one public toilet amounting to 144 sq.m. A total of 18 fruit bearing trees were identified on these lands. No buildings or structures will be affected and there are no encroachers and squatters present. The 50 km of distribution extension pipelines will be within the public right of way (RoW) and will temporarily affect 11 identified street hawkers and mobile vendors who will experience temporary economic displacement. Each hawker operates a small shop within a temporary bamboo or wooden structures/kiosks which can be easily shifted with minimal disturbance. A summary of land acquisition and resettlement impacts are described in Tables 5 and 6. Table 5: Summary of Land Acquisition and Resettlement Impacts Sl Name of the Impact on Land Temporary No Components Acquisition Impact Remarks 1. Water Supply Rehabilitation of No No Rehabilitation of 8 existing production 1 Existing Production Tube Wells tube wells will not require any land acquisition Refurbishment of Existing Water Supply Network Interconnection Existing Networks Extension Distribution Network of of Development of New 5 Production (Tube) Wells 6 Water Provision in Informal Housing Areas 2. Sanitation Construction public 1 toilets 2 3 Sanitation Core Area and Fringe Areas Improved sludge management system No No 28 km of mainly PVC pipelines of 100 to 200 mm diameter. Land acquisition not required. Works to occur at night to avoid and minimize disturbance to local businesses. No No Land acquisition not required. No Yes 50 kilometers of pipelines extension will temporarily affect 11 hawkers. Land acquisition not required. Yes No Out of 12 proposed tubewells, 4 require acquisition of private land amounting to 281 sq.m.. No No Land acquisition not required. No Yes Out of the proposed 10 public toilets only one will require land acquisition amounting to 144 sq.m. of private land. No No Additional land acquisition not required. No No Land acquisition not required. 6

10 Table 6: Details of Private Land Acquisition No. Component Location Land Use Cadastral Map No. Owner Area to be Acquired (katha) Area to be acquired (sq.m.) Total area of affected plot (katha) % loss vs. total area of the plot Total Landholding (Affected + Unaffected) (katha) % loss vs. total holding 1 Public Toilet 2 Pump House-01 3 Pump House-02 4 Pump House-05 Dirashram Bazar East Bhurulia near primary school West Bhurulia near Mazir khola Near Mariali School 5 Pump House-07 Saha Para Agric. NA Mr. Aftabuddin Agric Agric Agric Agric NA 273 NA NA Mr. Habibur Rahman Talukder Md. Anisur Rahman Md. Mosarraf Hossain Mir Mr. Abdur Rahim Khan

11 III. SOCIOECONOMIC INFORMATION AND PROFILE 15. Structured census survey questionnaires (Annexures 1 and 2) were used to collect detailed information on the five affected households losing land. The survey was conducted in June A summary of socioeconomic data of affected persons is included below. 1 The survey team was trained by the international resettlement specialist consultant and the survey was closely monitored on a regular basis. The census survey included various aspects including (i) assessment of land including quantity and typology; (ii) Inventory of physical assets; (iii) potential income loss; (iv) impact on trees; (v) household characteristics, including social, economic and demographic profile; and (vi) temporary impacts on the hawkers business activities. 8

12 Table 7: Socioeconomic Details of the DPs Experiencing Permanent Land Acquisition HH size Vulnerability S.N Name of the Owner Total Male Female Main Monthly Income Below Occupation/Income (Tk) Women Physically Poverty Source Headed Handicapped Line Household Household Household* 1 Aftabuddin Business 10,000 No No Yes 2 Habibur Rahman Talukder Agriculture 8,500 No No Yes 3 Md. Anisur Rahman Business 30,000 No No No 4 Md. Mosarraf Hossain Mir Business 20,000 No No No 5 Abdur Rahim Khan Business 12,000 No No No Note: Below Poverty line has been calculated on the basis of general formula which is 1$ per day per person. The average family size in the subproject area is 5.3 and the 1$= 72Tk. Therefore, the threshold for poverty line has been considered as 11,475 Tk incomes per month per household. 9

13 16. Land Owners. There are a total of five separate landowners losing small pieces of land as a result of the subproject. The total number of affected persons is 39. Total monthly income ranges between 10,000-20,000 Tk. Two of these HHs are considered vulnerable as they earn income below the poverty line. The land owners are mostly occupied in agriculture, service and doing small business. 17. Street Hawkers and Mobile Vendors. The subproject will impact 11 identified street hawkers and mobile vendors who are operating within or encroaching onto the RoW. Each operate within temporary structures. The uses of these structures are mostly for roadside small business activities. Out of the 11 affected street hawkers and mobile vendors, 2 are partially affected (structures encroaching onto the RoW) while the remaining 9 will be fully impacted as they are located entirely within the RoW. The types of structures are classified based on the type of construction, their usability and the age of the structure. All the structures are temporary as they have no permanent foundation and are between 1 to 10 years old. Each consists of bamboo pillars, Tripol/Plastic or thatched structures with iron corrugated sheets. The total area for each structure is approximately 12 sq.m. Therefore, each can be easily shifted to other locations without much disturbance. The average market price for replacing the structures ranges between 9,000 to 10,000 Tk. Therefore each of street hawkers and mobile vendors are considered vulnerable households as they earn below the poverty line. 18. Gender. During disbursement of assistance and compensation, priority will be given to female headed households. Joint ownership in the name of husband and wife will be offered in case of non-female headed households where the asset was acquired during their marriage. IV. INFORMATION DISCLOSURE, CONSULTATION, AND PARTICIPATION A. Public Consultation 19. During subproject preparation, consultations were held with the official representatives of the Gazipur Pourashava, apart from the communities in the project area. The issues covered during these consultations included selection of subprojects and identification of key issues including addressing the current gaps in provision of basic services and improvement of urban environment conditions in the Gazipur urban area. These consultations (Table 8) provided an understanding of the needs and concerns of the project communities and the relevant stakeholders. Additionally, focus group discussions were also conducted with the local community especially with the DPs and the summary of these consultations is given in Annexure 3. S.No. Place Date A Gazipur 12 th May 2010 Table 8: Summary Consultation Findings Number of Participants Issues discussed participants 8 Executive Assessment of the engineer, CEO, environment and social acting Mayor of safeguard capacities of Gazipur the Pourashava, Pourashava, and understanding of the other staff of externally funded Pourashava projects implemented till date, key issues pertaining to environmental management, including land acquisition and resettlement Incorporation into RP and Project design Capacity building program, for training on environmental and social/involuntary resettlement aspects to the Pourashava engineers, as part of the project. Training on ADB s safeguard Policy Statement requirement 10

14 S.No. Place Date Number of participants Participants B Gazipur 22 nd 20 Mayor, CEO, June Executive 2010 engineer, elected representatives, staff of Pourashava Issues discussed Discussion and finalization of the subproject components Siting of the project components to avoid impacts on land acquisition Incorporation into RP and Project design Joint site visits with the elected representatives to identify lands which result in minimum land acquisition impacts, C Gazipur 21 st June Elected representatives and communities, at locations of distribution networks, locations of production tubewells, community toilets. and Siting of the project components to avoid impacts on land acquisition and clearance of trees etc, There was no objection to the construction activities that may occur when the water network is laid, as these would be temporary and would result in long term benefits to the city residents. Site visits undertaken, and consultations with owners of the land parcels where the production tubewells, toilets are proposed to be sited. Assets on land, including structures, trees evaluated, and compensation provided for in the RP for the subproject. B. Information Disclosure 20. Project information will be continually disseminated through disclosure of resettlement planning documents. Resettlement information leaflets containing information on compensation, entitlement and resettlement management adopted for the subproject will be made available in local language (Bangla) and the same will be distributed to DPs. The PIU the Resettlement Support staff (RSS) will keep the DPs informed about the impacts, the compensation and assistances proposed for them and facilitate addressing any grievances. The information will also be made available at a convenient place especially, the market place which will be easily accessible to the DPs. The summary of the RP and the entitlement matrix will be translated into the local language; disclosed to the DPs; and made available at PIU, local offices and libraries (or other pubic places), and at the LGED and DPHE offices. A copy of the RP will be disclosed on the LGED and ADB website. C. Continued Consultation and Participation 21. For continued consultations, the following steps are to be taken: (i) (ii) (iii) (iv) (v) (vi) The PMCU and the PIU will organize public meetings and will apprise the communities about the progress in the implementation of resettlement, social and environmental activities; There will be a Grievance Redress Committees (GRC). The DPs will be associated with such committee along with their representatives; PMCU and PIU will organize public meetings to inform the community about the compensation and assistance to be paid. Regular update of the progress of the resettlement component of the project will be placed for public display at the PCMU and PIU offices; All monitoring and evaluation reports of the resettlement components of the project will be disclosed in the same manner as that of the RP; Key features of the entitlements will be displayed along the project corridor; The PMCU and PIU will conduct information dissemination sessions at major intersections and solicit the help of the local community leaders to encourage the participation of the DPs in RP implementation; and 11

15 (vii) Attempts will be made to ensure that vulnerable groups understand the process and to take their specific needs into account. V. GRIEVANCE REDRESS MECHANISMS 22. A grievance redress mechanism (GRM) shall be set up in the Gazipur Pourashava PIU office to register grievances of the people regarding technical, social and environmental aspects. The process will designed to be transparent, gender responsive, culturally appropriate and commensurate to the risks and adverse impacts of the project, as well as readily accessible to all segments of the affected people. The project GRM will not supersede any legal government grievance procedures. Affected people are to be informed about the mechanism through media and public outlets. This participatory process shall ensure that all views of the people are adequately reviewed and suitably incorporated in the design and implementation process. The GRM will be implemented in three levels. 23. The first level and most accessible and immediate venue for the fastest resolve of grievances is the PIU, chiefly through the resettlement safeguards officer and Project Manager, with assistance from the Environmental Specialist(s) of the Management Design Supervision Consultant (MDSC). The contact phone number will be posted in the project areas. Grievances will be resolved through continuous interactions with affected persons and the PIU will answer queries and resolve grievances regarding various issues including EMP implementation, land acquisition, structures acquisition, livelihood impacts, entitlements, and assistance. Corrective measures will be undertaken at the field-level itself within seven days. All grievances will be documented with full information of the person and issue. 24. Should the grievance remain unresolved, the PIU's Project Manager, will activate the second level of the GRM by referring the issue (with written documentation) to the local Grievance Redress Committee (GRC) of the City Corporation, who will, based on review of the grievances, address them in consultation with the Safeguards Officer of the PIU and PMCU, and affected persons. A hearing will be called, if necessary, where the affected person can present his/her concern/issues. The process will promote conflict resolution through mediation. The local GRC will consist of the following persons: (i) Chief Executive Officer of the City Corporation (GRC Chair); (ii) Representative of the mayor of the City Corporation; (iii) Representative of the affected persons; (iv) Official of the land registry department; (v) Official of the DoE divisional office; (vi) Town planner of the City Corporation; and (vii) Environmental / Social safeguards Officer of the PIU. The local GRC shall meet twice a month, unless the Project Director of the PIU informs that there are no grievances to address, or they shall meet as needed as per the severity of the grievance. The local GRC will suggest corrective measures at the field level and assign responsibilities for implementing its decisions. 25. The functions of the local GRC are as follows: (i) Provide support to APs on problems arising from land acquisition (temporary or permanent); asset acquisition; and eligibility for entitlements, compensation and assistance; (ii) Record grievances of APs, categorize and prioritize them and provide solutions within a month; and (iii) Report to the aggrieved parties about developments regarding their grievances and decisions of the GRC. 26. Should the grievance still remain unresolved, the PIU Project Manager, will activate the third level of the GRM by informing the PMCU Project Director who will, based on review of the local GRC minutes and consultation with the PIU Project Manager, activate the PMCU level GRC. This committee shall comprise the following representatives:(i) Project Director PMCU; (ii) Environmental / Resettlement Safeguards Officer of the PMCU; 12

16 (iii) Representative from Land Ministry; (iv) Representative from DoE; (v) Representative of the APs; and (vi) Environmental / Social Safeguards officer of the PIU. 27. The GRC at the PMCU level shall meet based on the receipt of grievances, and the meeting shall be convened within 7 days of receipt of the grievance by the PMCU, and grievances redressed with 15 days. The Environmental / Resettlement Safeguards Officer of the PMCU will be responsible for processing and placing all papers before the PMCU GRC, recording decisions, issuing minutes of the meetings and taking follow up action to see that formal orders are issued and the decisions carried out. 28. In the event that a grievance is not addressed by the PIU, local GRC, or the PMCU GRC, the AP can seek legal redress of the grievance in the appropriate Courts (fourth level of GRM). Figure 2 illustrates the GRM. Figure 2: Grievance Redress Mechanism (GRM) VI. LEGAL FRAMEWORK 29. This RP is prepared based on all applicable legal and policy frameworks of GOB (i.e., the Acquisition and Requisition of Immovable Property Ordinance 1982 (ARIPO)) and ADB's Safeguard Policy Statement (2009). A summary of applicable acts and policies is presented provided in the Project's Resettlement Framework. 30. The Government's policy through ARIPO does not cover project-affected persons without titles or ownership record, such as informal settler/squatters, occupiers, and informal tenants and lease-holders (without document) and does not ensure replacement value of the property acquired. The ARIPO has no provision of resettlement assistance for restoration of livelihoods of affected persons except for the legal compensation. Gaps between national law and ADB policy are identified and bridging measures are included in the Entitlement Matrix for the project, described below. ADB will not finance the project if it does not comply with its SPS nor will it finance the project if it does not comply with its host country's social 13

17 and environmental laws. Where discrepancy between the ADB and Government policies exist, the ADB policy will prevail. Moreover, the SPS applies to all ADB-financed and/or ADB-administered sovereign projects, and their components regardless of the source of financing, including investment projects funded by a loan; and/or a grant; and/or other means. VII. ENTITLEMENTS, ASSISTANCE AND BENEFITS A. Eligibility 31. All DPs who are identified in the project-impacted areas on the cut-off date 2 will be entitled to compensation for their affected assets, and rehabilitation measures (as outlined in the entitlement matrix below) sufficient to assist them to improve or at least maintain their pre-project living standards, income-earning capacity and production levels. The project will recognize both licensed and non-licensed vendors. Compensation eligibility is limited by a cut-off date as set for this project on the day of the beginning of the detailed census during the detailed design. DPs who settle in the affected areas after the cut-off date will not be eligible for compensation. They, however will be given sufficient advance notice (60 days), requested to vacate premises and dismantle affected structures prior to project implementation. B. Entitlements 32. The entitlement matrix in Table 9 summarizes the main types of losses and the corresponding entitlements in accordance with GoB and ADB policies. 2 The cut-off date for title holders is based according to the formal notification, and for non-titleholders the date of the census survey during the detailed design. Those who encroach into the subproject area after the cut-off date will not be entitled to compensation or any other assistance. The PIU will take video and photo documentation to ensure entitled persons on the cut-off date. 14

18 Sl No Type Loss of Table 9: Entitlement Matrix Application Entitled Person Entitlement Implementation Issues Responsible Agency 1 Loss of land 2 Loss of crops and trees 3 Loss of structure Homestead land, agricultural land, or vacant plot Standing crops and trees Residential/ commercial structure and other assets (e.g. fences, gates, posts) structure Owner(s) legal title with Owner(s) with legal title, tenant(s), leaseholder(s), sharecropper(s), encroacher(s), squatter(s) Encroacher(s) and squatter(s) Land-for-land option of equal productive capacity satisfactory to owner if feasible and if alternate land is available. Cash compensation equivalent to replacement cost. 3 Assistance in finding replacement land. Provision of stamp duty, land registration fee, capital gains tax, and value added tax incurred for replacement land. Option to be compensated if remaining land is no longer viable. Access to equivalent common property resources previously accessed Additional compensation for vulnerable households. 60 days advance notice to harvest standing seasonal crops, if harvest is not possible, cash compensation for crops (or share of crops) equivalent to prevailing market price. Cash compensation for perennial crops and fruit bearing trees based on annual net product market value multiplied by remaining productive years. Cash compensation equivalent to prevailing market price of timber for non-fruit trees. Cash compensation equivalent to replacement value of structure (or part of structure) constructed by the DP. Rights to salvage materials from structure. Provision of all taxes, registration costs, and other fees incurred for replacement structure. Shifting allowance based on actual cost of moving (e.g., truck hire, equipment, etc.). Additional compensation for vulnerable households. Assistance in finding alternate location. If land-for-land is offered, title will be to both husband and wife, if feasible. Vulnerable households 4 to be identified during census survey conducted as part of the RP. Viability of land to be determined in consultation with land owner. Work schedule to allow harvesting prior to acquisition and avoid harvest season Market value to be determined in consultation with divisional forest department. Vulnerable households to be identified during census surveys conducted as part of the RP PIU/PMCU Deputy Commissioner PIU/PMCU PIU/PMCU 4 Loss of Livelihood/s Business owner 60 days advance notice. Vulnerable households PIU/PMCU 3 The rate of compensation for acquired housing, land and other assets will be calculated at full replacement costs. The calculation of full replacement cost is described in Section B.V.c in this RF. Where market conditions are absent or in a formative stage, the borrower/client will consult with the displaced persons and host populations to obtain adequate information about recent land transactions, land value by types, land titles, land use, cropping patterns and crop production, availability of land in the project area and region, and other related information. The borrower/client will also collect baseline data on housing, house types, and construction materials. Qualified and experienced experts will undertake the valuation of acquired assets. In applying this method of valuation, depreciation of structures and assets is not to be taken into account. 4 Vulnerable households/dps may include female-headed households, disable-headed households, indigenous persons/ethnic minority-headed households and Below Poverty Line households 15

19 Sl No Type Loss of Application Entitled Person Entitlement Implementation Issues Responsible Agency livelihood ource of income 5 Impacts on vulnerable DPs (s), tenant (s), leaseholder(s), employee(s), agricultural worker(s), hawker(s)/ vendors(s) Assistance in finding alternate location. One time assistance for lost income based on three months lost income (at replacement cost) or minimum wage rates (whichever is higher). Shifting allowance and cost of reestablishing business elsewhere (cost of truck hire, equipment, etc.). Training allowance in the form of cash equivalent to short term training course. Additional compensation for vulnerable households. Consideration for project employment. All impacts Vulnerable DPs Land-for-land option will be a guaranteed option for vulnerable DPs if available. If not available, assistance in finding new land. Additional allowance equivalent to Tk 10,000/- for loss of land or structure. Preference in project employment. to be identified during census surveys conducted as part of the RP Training allowance to be paid directly to the training institute Vulnerable households to be identified during census surveys conducted as part of the RP PIU/PMCU 6 Any other loss not identified Unanticipated involuntary impacts shall be documented and mitigated based on the principles provided in this RF and with compliance with GOB s and ADB s policy. PIU/PMCU 16

20 C. Assessment of Compensation Unit Values 33. Land. The land valuation process will consist of two different values (i) the sale deed record, and (ii) expected price. The Project Implementation Unit (PIU) will be responsible for providing the recorded rate from the Local Land Registry Office (LLRO) (i.e., the sale deed record). The PIU will consult with willing buyers/sellers of the area to collect the expected price of land. The PIU will then submit the two rates to the valuation committee. Based on these rates the valuation committee will derive a price which will be called as the current market rate. Additionally, the cost for tax and stamp duties etc will be added to the current marker as derived by the valuation committee which will finally be considered as the replacement cost. 34. Private Building and Structure. The compensation for houses, buildings and other immovable properties will be determined on the basis of replacement cost as on date without depreciation. The PIU with assistance from the Public Works Department (PWD) will determine the replacement cost of structures. PIU will engage experts form PWD and the experts will carry out on the field assessment of each property and will submit the report to the DC office. PIU will ensure that the assessment is done keeping in consideration the market price and consultation with the owners by assessing sources, types and cost of materials, usage of the building and the cost related to labor and transportation etc. 35. Trees and Crops. The PIU will conduct the survey on unit prices of trees and crops affected by temporary or permanent land acquisition, in consultation with agriculture/horticulture experts. The compensation for crops will be calculated based the current market rate. The PIU will collect data on crops in the project area from the local department of agricultural extension. Subsequently, the unit/market rate for each crop will be determined in consultation with the department of agricultural extension. The unit prices for compensation of different species of fruit trees will be based on the market values of their fruits. For trees producing timber their unit prices will be based on species type, age, and quality. The cost for such trees will be collected after consultation with the divisional forest office. 36. Business or Sources of Income. The PIU will conduct a detailed census survey which is to include actual monthly income of the DPs followed by a verification of the income data based on the tax payment (for titled business owners). In the absence of the authentic income proof, the unit price will be collected from the DP during the survey. The average income in the project area as collected during the census is approximately 6,000 and therefore, the unit cost for one time for each household losing the income is 18,000 Tk. VIII. INCOME RESTORATION AND REHABILITATION A. Basic Provision for Relocation 37. The basic provision for loss of land has been taken as the cash compensation at market price which is equivalent to replacement cost. Advanced notice (60 days) will be provided for harvesting crops, or if harvesting is not possible, then the farmers will be compensated at replacement cost for such crops. Trees will be compensated at market value. All compensation is to be paid before displacement occurs. The land owners losing a small piece of land will not require any relocation as they will not be physically displaced nor they will be severely affected. The PIU will attempt to find suitable alternative locations for hawkers including creating potential formal market spaces where feasible. The PIU will provide adequate and appropriate replacement structures or cash compensation at full replacement cost, adequate compensation for partially damaged structures, and relocation assistance, as per applicable according to the entitlement matrix. The PIU will compensate 17

21 non-title holders for the loss of assets other than land, such as dwellings, and also for other improvements to the land, at full replacement cost. The entitlements to the non-titleholders will be given only if they occupied the land or structures in the project area prior to the cut-off date. The preliminary number of displaced hawkers is quite minimal (only 11) in the subproject area and the consultation with these hawkers and vendors revealed that they will be willing to shift on their own provided they get some compensation. To help the hawkers losing structures in getting entitlements and relocating themselves, a relocation strategy will be adopted in the subproject including (i) all compensation will be paid and other resettlement entitlements will be before physical displacement; (ii) at least 60 days advance notice will be given; (iii) the PIU and Resettlement Support Staff will assist DPs during verification of assets and will provide necessary counseling on payment of compensation and assistance; (iv) in close consultation with the DPs, the PIU Resettlement Support Staff will fix the shifting dates agreed with the DPs in writing and the arrangements desired by the DPs with respect to their entitlements; and (v) in case of self relocation, the PIU will assist the DPs in finding alternative site within the area if so desired by the DPs. B. Income and Livelihood Rehabilitation 38. Income restoration assistance to the displaced persons includes both short and medium term strategies. Short term income restoration strategies are for immediate assistance during relocation and include the following: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) Compensation for land, structures, crops, fruit bearing trees, and all other lost assets is paid in full before displacement occurs; Assistance in finding replacement land or alternate location for continuation of livelihood/living arrangements; Where provision of alternative sites is not feasible (for temporary impacts), compensation of lost income for period of disruption (if less than three months) or lump sum for three months lost income (at replacement cost) or minimum wage rates (whichever is higher); Shifting allowance for reestablishing business elsewhere based on actual cost of moving/unloading; 60 days advance notice to shift business or harvest standing seasonal crops (if harvest is not possible, compensation for share of standing crops at market rates); One time assistance for lost income based on three months lost income (at replacement cost) or minimum wage rates (whichever is higher); Consideration for project employment; For vulnerable households, additional subsistence allowance equivalent to Tk 10,000/HH for restoring or enhancing their livelihood. Vulnerable households will be prioritized in any project employment; Provision of temporary access where possible to continue business; and Restoration of affected land, structure, utilities, common property resource for continuation of business after construction is completed. 39. Medium-term income restoration activities will include skill development training based on need. The PIU will identify suitable local training institutes and pay fees directly to the training institution and provide the names of entitled person(s). 40. Where necessary, training may include (i) capacity building, enterprise training, and facilitating economic activities to landowners; and (ii) training for self employment to agricultural laborers. Training for self-employment and skill development which may include but not limited to (i) plumbing; (ii) electrical; (iii) automobile repair; and (iv) electronic repair and service, etc. Training will be imparted to any willing DP losing income or livelihood. 18

22 41. During the construction stage the DPs, especially vulnerable DPs, will be given preference over others in being engaged in project activities suitable to their skills. In order to make the DPs employable, the PIU will identify the required skills for the construction activities prior to the commencement of the construction and provide the required training to the DPs. IX. RESETTLEMENT BUDGET AND FINANCING PLAN 42. The resettlement cost estimate for the Gazipur subproject (Table 10) includes eligible compensation, resettlement assistance, as outlined in the entitlement matrix, and support cost for RP implementation. The Government will be responsible for releasing the funds for resettlement in a timely manner. The total resettlement cost for the subproject is million Tk. The cost items are outlined below: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) Compensation for Land; Compensation for trees (fruit bearing and timber trees); Compensation for structures (Hawkers/Vendors) and other immovable assets at their replacement cost; Assistance for stamp duty etc for legal titleholders for land acquisition; Assistance in lieu of the loss of income and livelihood; Assistance for shifting of the structures; Training allowance; and Special assistance to vulnerable groups for their livelihood restoration. Table 10: Resettlement Budget Sl. No. Item Unit Rate Quantity Amount (Tk) A Compensation A-1 Land Sq.m. 23, ,70,625 A-2 Compensation for Fruit bearing Trees Numbers 20, ,20,000 A-3 Compensation for Non-fruit bearing Numbers 15, ,05,000 Trees A-4 Compensation for Temporary Structure Numbers 7, ,500 Sub Total (A) 1,02,78,125 B. Assistance B-1 Shifting Assistance Numbers 5, ,000 B-2 Training Assistance Numbers 12, ,92,000 B-3 Loss of Income Numbers 18, ,88,000 B-4 Assistance to Vulnerable Households Numbers 10, ,30,000 B-5 Assistance for Documentation (Stamp Numbers 10, ,000 Duty) for titleholders Sub Total (B) 7,15,000 C RP Implementation Support Cost C-1 Hiring of Resettlement Support Staff at Person 1,00, ,00,000 DCC/PIU Month C-2 Administrative Cost Lump Sum 10,00,000 Subtotal C 46,00,000 Total (A+B+C) 1,55,93,125 Contingency (10%) 15,59,313 GRAND TOTAL 1,71,52,438 GRAND TOTAL (Million Tk) GRAND TOTAL (Million USD)

23 A. Project Management Coordination Unit 43. The Local Government Engineering Department (LGED) will be the Executing Agency (EA) responsible for overall guidance and project implementation. A PMCU headed by a Project Director will implement the project investments and will be responsible for overall planning, management, coordination, supervision and progress monitoring of the CRDP in the two regions. The PMCU will ensure compliance with assurances, including safeguards and preparing and submitting reports, resettlement plan monitoring updates. To ensure effective implementation of the land acquisition and resettlement aspects, two full time PMCU resettlement safeguard officers will be recruited, including one Resettlement Compliance Officer primarily responsible for compliance with legal requirements of GoB, and one Resettlement Surveyor responsible for overseeing PIU preparation of the RP for subprojects and data collection. The MDSC will recruit one international and one national resettlement specialist to assist the PMCU in this regard. The PMCU will review monthly reports submitted by PIUs and will consolidate them into quarterly reports to ADB. Corrective actions to be taken when necessary based on close monitoring and results of grievance redress process. B. Project Implementation Unit 44. The subproject will be managed and implemented through the PIU based in Gazipur Pourashava. The PIU will be responsible for carrying out the detailed design of the subprojects and updating RPs for the sample subprojects and prepare new RPs for future subprojects under the sector approach The PIU will ensure compliance with safeguards requirements of the Government and ADB. The PIU will be responsible for day-to-day monitoring of the project progress, including the implementation of the resettlement provisions in the project. 45. The capacity to implement safeguards planning and implementation at the PIU level is not currently adequate. Therefore, it is proposed that resettlement support staff (or facilitators) at the PIU level will be recruited. The number of resettlement support staff at each PIU will be commensurate to the scale of IR impacts (e.g., the greater the impact, the greater number of support staff needed). All PIU and PMCU safeguards staff will undergo training conducted by the consultant team s resettlement specialists. Each PIU will prepare monitoring reports on all aspects concerning to resettlement planning and implementation of the land acquisition and resettlement issues and report to the PMCU on a monthly basis. C. Management, Design and Supervision Consultants 46. The MDSC will hire one International Resettlement Specialist (IRS) and one National Resettlement Specialist (NRS). They will be responsible for updating/finalizing the RPs of sample subprojects in accordance with this RF and based on the detailed engineering design. These specialists will also prepare new RPs for future subprojects under the sector approach consistent with this RF. This will be done in close coordination with PIU resettlement support staff and PMCU resettlement officers. The IRS and the NRS will assist in the overall supervision of the projects and ensure all plans are implemented in a smooth and timely manner in accordance with the provisions of the RP. They will also prepare and implement training and capacity development programs for resettlement planning for the PIU and PMCU safeguards staff (see section below on Training and Capacity Building), and will closely work with the PMCU and PIUs to ensure displaced persons are compensated before displacement occurs, including ongoing rehabilitation measures. The Terms of Reference (ToRs) along with the specific tasks are attached in Annexure-5. Further details on agencies responsible for RP activities are in Table 11 and the organization chart for RP implementation is depicted in Figure 3. 20