BAN: City Region Development Project for Shakhari Bazaar Urban Renewal Subproject

Transcription

1 Resettlement Plan Document Stage: Draft for Consultation Project Number: July 2010 BAN: City Region Development Project for Shakhari Bazaar Urban Renewal Subproject 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 Description 2 II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 5 III. SOCIOECONOMIC INFORMATION AND PROFILE 5 IV. INFORMATION DISCLOSURE, CONSULTATION, AND PARTICIPATION 9 A. Public Consultation 9 B. Information Disclosure 10 C. Continued Consultation and Participation 10 V. GRIEVANCE REDRESS MECHANISMS 10 VI. LEGAL FRAMEWORK 12 VII. ENTITLEMENTS, ASSISTANCE AND BENEFITS 12 A. Eligibility 12 B. Entitlements 13 C. Assessment of Compensation Unit Values 15 VIII. INCOME RESTORATION AND REHABILITATION 15 A. Basic Provision for Relocation 15 B. Income and Livelihood Rehabilitiation 16 IX. RESETTLEMENT BUDGET AND FINANCING PLAN 16 X. INSTITUTIONAL ARRANGEMENTS 17 A. Project Management Coordination Unit 17 B. Project Implementation Unit 18 C. Management, Design and Supervision Consultants 18 XI. IMPLEMENTATION SCHEDULE 20 XII. MONITORING AND REPORTING 21 Annexures 1. Details on Public Consultation (FGDs) Future Consultation and Disclosure Roles and Responsibilities Monitoring Indicators and Sample for Status Report 30

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 Shakhari Bazaar urban renewal Subproject (the 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. The scope of this RP is based on improvements to the public realm (e.g., utility relocation, paving, and traffic management) and restoration improvements to two identified buildings (Nos. 53 and 70) taken up as pilot buildings. 2. Summary of Resettlement Impacts. There is no land acquisition envisaged. The restoration of two pilot buildings will result in temporary impacts to building tenants through short-term relocation. There will be a total of 18 households temporarily relocated by the subproject. Of affected households, 13 are considered to be residential owners followed by 2 commercial owners, 2 residential tenants and 1 commercial tenant. Each will be ensured a guaranteed return to their original residence after works are completed through agreements between the owners/tenants and the Dhaka City Corporation (DCC). There are a total 15 vulnerable households (HHs) they earn incomes below the poverty line. Improvements to the public realm will cause minimal temporary disturbance to local shops and street vendors during construction. These are to be mitigated through good construction practices (e.g., night works, maintaining access, etc.) to minimize disturbance. Entitlements for all impacts are outlined in the RP. 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 Dhaka City Corporation office 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. The PIU will implement the RP with support from the PMCU and resettlement specialists engaged by LGED. The PIU will provide adequate and appropriate relocation options (temporary), shifting allowance, cash compensation at full replacement cost, and adequate compensation for partially damaged structures 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 resettlement in a timely manner. 5. RP Implementation and Monitoring. All temporary relocation, compensation, and entitlements will be paid prior to displacement however, ongoing income rehabilitation activities where relevant, will continue after construction begins. Written confirmation of full relocation and compensation to DPs must be made to ADB prior to displacement in sections ready for construction, including the two buildings where works will occur. 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: SHAKHARI BAZAR 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. 2. This is a Resettlement Plan (RP) prepared for the Shakhari Bazaar Urban Renewal Subproject which is in accordance with the ADB Safeguard Policy Statement, 2009 (SPS), Government of Bangladesh s (GOB) policy, namely the Acquisition and Requisition of Immovable Property Ordinance 1982 (ARIPO) and the Resettlement Framework 1 (RF) adopted for the CRDP. The scope of this RP is based on improvements to the public realm (e.g., utility relocation, paving, and traffic management) and restoration improvements to two identified buildings (Nos. 53 and 70) taken up as pilot buildings. B. Subproject Description 3. Shakhari Bazaar comprises a street over 1,000 feet (300 meters) in length, lined by shop houses, many of which are still occupied by traditional craft workshops. The traditional buildings are typically two or three stories tall, mostly around 100 to 200 years old, with a few even older. Many of the ground floors are older, between 200 to 300 years and were built in the Mughal period. The inner parts of the ground and upper floors are mainly residential, although in some buildings the rear parts of the ground floors are also used for craftwork. Typically, the traditional houses are long and narrow and may contain courtyards opening onto open top-floors. The original Mughal architecture is often embellished by surface decorations and carvings. There are over 100 buildings (covering 142 building lots), including several vacant lots where buildings have been demolished. Lots are typically long and narrow, with widths mainly between three and four meters. Storey heights vary between two and six stories, but with most between three and four stories (72 percent). Some 79 percent of the buildings were built before 1900 and very few buildings have been completed in recent years. Over time the traditional Mughal architecture was influenced by colonial architecture, usually extensions built in British-style colonial style architecture and construction, plus other European influences, all of which add to the unique character of the area. 4. Unfortunately the environment has deteriorated dramatically in recent years, and it is now blighted by a high degree of building obsolescence (some structurally unsound) and disruption in the public realm. The majority of the remaining buildings of architectural and 1 As per the ADB s Safeguards Requirement-4 (SR-4) of the SPS-2009, the sector approach requires preparation of RF to guide subproject selection, screening and categorization, social and resettlement assessment, and preparation and implementation of Resettlement Plans of subprojects and to facilitate compliance with the requirements specified in Safeguard Requirements 1 3. The RF is prepared in accordance with GOB and ADB policy related to land acquisition and resettlement. 2

6 historic interest are at risk through neglect. In spite of this Shakhari Bazaar (and the adjoining streets) remains remarkably vibrant. Shakhari Bazaar is not yet a major tourist attraction but within the context of current tourist numbers to Bangladesh, the area regularly attracts visitors. The area is identified as an attraction in many of the international tourism publications about Bangladesh. Therefore, the conservation and restoration of Shakhari Bazaar would enhance visitor potential, as borne out by overseas experience. 5. Key Issues and Project Need. From discussions and a site visit with representatives of DCC and the Urban Study Group, the following are key issues confronting Shakhari Bazaar: (i) The loss of buildings of architectural and historic importance to redevelopment, which is incompatible in nature, scale, detailing and use of materials with the original vernacular architecture and the public realm in general. In this regard the desire of extended families to remain in Shakhari Bazaar has increased the pressure for buildings of six stories more (often illegal), which is out of keeping with the traditional two- to three-storey form of the original buildings; (ii) A lack of building maintenance by both GoB and the private sector, leading to buildings of architectural and historic significance being in a poor state of repair, and which to varying degrees may be structurally unsound. To this extent there have been previous surveys of structural condition, the most recent of which identified some 12 buildings in Shakhari Bazaar as structurally unsound; (iii) Buildings of architectural and historic significance where the original exteriors, internal layout and decoration have been badly affected by poorly designed and constructed extensions; (iv) Complex ownership situations 2 acting as a constraint to public and private investment in revitalising the area; (v) The lack of basic services, including public water supply and effective sewerage, in many of the properties. It is understood this is at least partly due to a lack of clarity regarding ownership issues; (vi) The potentially attractive appearance of the public realm (street) is damaged by a multitude of power cables and telecommunications wires attached to the buildings, solid waste dumped at the street edge and unattractive street surfacing; and (vii) The vitality and potential attraction of a predominantly pedestrian environment is damaged by the excessive penetration by rickshaws and motorcycles, the majority of which do not appear to have an origin or destination in Shakhari Bazaar. 6. Vision and Objectives. The vision of the Shakhari Bazaar urban renewal subproject is to ensure its long-term sustainability, its culture and its history through a range of actions to upgrade its buildings and spaces, optimizing the potential for the partnership(s) between Government, the community and the private sector. To achieve this vision the following four objectives are proposed to ensure: 2 The ownership situation in Shakhari Bazaar is complex, and there are three main types: (i) Vested Properties these are properties in the ownership of absentee landlords, whilst their ongoing administration is exercised by GoB, which has let the buildings by various leasehold and rental formulae. There may be several leases and tenancies within each building: it is understood that the vested properties make up around 60% of the buildings in Shakhari Bazaar. It is also understood that GoB is now reviewing the status of the vested properties, with the possibility of returning them to the original owners; (ii) Endowed Properties these properties are properties given over by Hindu religious interests for individual/family occupancy; and (iii) Private Ownership private ownership properties are typically occupied by various family interests, such that they may be divided up amongst an extended family and ownership may extend across more than one building. 3

7 (i) (ii) (iii) (iv) The retention of the area s historically-important buildings and to improve the appearance of adjacent buildings (which do not blend well with the nature and scale of traditional architectural forms); Improvements to the visual appearance and pedestrian environment of the street/public realm for the enjoyment of visitors and the local community; The needs and aspirations of the community affected by the subproject should be incorporated into the proposed revitalisation of Shakhari Bazaar; and That the economic value of Shakhari Bazaar should be optimized as an attractive environment for private sector investment in the area s conservation. 7. The following are the proposed components of the Shakhari Bazaar subproject: 8. Component 1- Relocation of utilities. This activity will include opening the surface of the public realm in Shakhari Bazaar for the placement of new utilities services and (where required) the removal of the existing utilities services. The work will include the provision of connections to the adjoining properties. It will also include the underground re-location within impermeable conduits of all the overhead power and telecommunication equipment currently situated in the public realm. 9. Component 2 Resurfacing the street and parking area immediately east of Shakhari Bazaar. On completing the reconstruction and re-location of the utilities services the street will need to be re-surfaced in materials appropriate to the environment of the Heritage Area, along with any additional hard and soft street furniture and lighting. Here the parking area immediately to the east of Shakhari Bazaar lends itself to the use of soft landscaping to frame the entrance to the Heritage Area. The new surfacing should be to standards capable of accommodating emergency vehicles. 10. Component 3 Traffic Management. Access controls on motorized vehicles and rickshaws at specified periods of the day would be enforced by adjustable traffic barriers and blocks, to be installed during the re-surfacing activity. 11. Component 4 - Restoration of buildings with heritage status. Two buildings (nos. 53 and 70) are identified for conservation and restoration as part of the first phase, as a sample demonstration project. Restoration works will vary in accordance with the conditions of those buildings with Heritage Status and through agreement with owners and occupiers. In most cases the internal layouts will remain intact and the restoration works will respect this. However, where the structural condition is particularly bad, the building frontage will be restored but the interiors will be re-built and alternative internal layouts can be considered. Restoration may include: (i) structural improvements; (ii) provision of basic amenities such as toilets; (iii) restoration of significant features (such internal courtyards, building façades and detailing); and (iv) other cosmetic improvements, such as new internal plastering. 12. Component 5 - Upgrading the design and provision of utilities to other buildings. For buildings which do not have heritage status the emphasis will be on providing technical guidance and incentives to secure: (i) improvements to building façades such that they are more in keeping with the traditional architecture of Shakhari Bazaar; and (ii) provision of basic amenities, such as toilets. The proposed Design Guidelines and Restoration Advice (see above) will serve as a context for action in the restoration of all buildings in Shakhari Bazaar, and in particular for action to improve and/or redevelop private property. 4

8 II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 13. There is no land acquisition envisaged for interventions proposed in the first phase as the improvements to the public realm are within the available RoW. The restoration of two pilot buildings (Nos 53 and 70) will temporarily relocate the occupants of these building. A total of 18 households will be temporarily relocated. None of these buildings will be permanently affected or displaced. 14. Ownership. Out of the 18 households 15 of them are owners and 3 households are tenant. Additionally, one private temple will be restored. III. SOCIOECONOMIC INFORMATION AND PROFILE 15. Structured census survey questionnaires (Annexure 2) were used to collect detailed information on the impact to all 18 households in the subproject area who are considered temporarily displaced. The survey was conducted in July Some of the important issues covered during the surveys are (i) type of ownership, (ii) duration of stay, (iii) legal status and ownership, (iv) usage pattern of the buildings, (v) number of tenants, (vi) number of family members, and (vii) their socio-economic details. 16. The two pilot buildings (House Nos. 70 and 53) have 15 owners and 3 tenants. Details are given in Table 1. Building Number Table1: type of Impacts Number of Households (Owners) Number of Households (Tenants) Total Number of Households House No House No Total Source: Census Survey, July Most of the households are residential owners. There are 13 households considered to be residential owners followed by 2 commercial owners, 2 residential tenants and 1 commercial tenant. Additionally, there will be a small religious structure (temple) which will also be affected. Details are given in Table 2. Building Number Residential Households Table 2: Uses of the Structures Commercial Households Residential Tenants Commercial Tenants Total Households Religious (Temple) House # House # Total Source: Census Survey, July Most of the owners are long-time residents of these buildings. It is assessed that 11 households (61.11%) have been living in the buildings for almost 50 years. Only 2 3 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. 5

9 households have been reported to be present for less than 10 years. Details are given in Table 3. Sl No Table 3: Duration of Stay Duration Number of Households Percentage 1 Less than 10 Years Years to 20 Years Years to 30 Years Years to 40 Years Years to 50 Years More than 50 Years Total Source: Census Survey, July The maximum number of rooms per household is 3 and the minimum is 1. The survey revealed that 10 (55.56%) households have only one room each and 6 households have been found to have 2 rooms set and only 2 households are staying in a 3 room set. Details are given in Table 4. Sl No Table 4: Availability of Rooms per Household Number of Rooms Number of Households Percentage 1 One Two Three Total Source: Census Survey, July The living areas are considered small. There are 6 households who reported living in less than 5 sq.m. of area. Eight households are living within 5 to 15 sq.m. areas, 3 households are 15 to 25 sq.m. of area, and only 1 household is having 25 to 35 sq.m. of area. Details are given in Table 5. Sl No Table 5: Area of the Structure Number of Households Area/Space per household (Square meters) Percentage 1 Less than to to to Total Source: Census Survey, July The main source of income for most of the households (total 11) is service related. Six households have reported that business is their main source of income. Only one household has been reported to have daily wage as the main source of income. Details are given in Table 6. 6

10 Sl No Table 6: Main Source of Income Main Source of Number of Income Households Percentage 1 Business Service Holder Daily Wage Total Source: census Survey, July The total numbers of vulnerable DHs are 15 as they fall below the poverty line Gender. During disbursement of assistance and compensation, priority will be given to female headed households. 24. Summary Socioeconomic Profile. There will be a total of 18 households who will be temporarily displaced by the sub project. The total numbers of vulnerable households are 15 which are below poverty line. There are a total of 14 residential owners, 2 commercial owners and 1 commercial tenants residing in these two pilot buildings. The summary socioeconomic details are given in Table 7. 4 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. 7

11 Table 7: Socio-Economic Details of the Households HH size S.N Name of the Owner Type of Ownership Total Male Female Main Occupation/Inco me Source Monthly Income (Tk) Vulnerable Households 1 Mr. Joy Ghosh Residential Owner Service Holder 6,000 BPL 2 Mr. Kalachan Dutta Residential Owner Service Holder 5,000 BPL 3 Mr. Nila Rani Dutta Residential Owner Service Holder 4,000 BPL 4 Mr.Dilip Sarkar Commercial Owner Business 5,000 BPL 5 Mr. Kishor Kumar Bashu Residential Owner Business 50,000 NO 6 Mr. Bina Rani Dash Residential Owner Service Holder 3,500 BPL 7 Mr. Amorendro Bashu Roy Chowdhury Residential Owner Service Holder 6,000 BPL 8 Mr. Ujjal Kumar Dutta Commercial Owner Service Holder 2,500 BPL 9 Mr. Ronjit Dash Commercial Tenant Service Holder 5,000 BPL 10 Mr. Khokon Dhar Residential Owner Business 3,000 BPL 11 Mr. Mala Mondol Residential Tenant Service Holder 2,000 BPL 12 Mr. Maloti Residential Owner Business 6,000 BPL 13 Mr. Ananda Mohisur Residential Owner Service Holder 12,000 NO 14 Mr. Ashtami Rani Dhar Residential Owner Daily Wage 2,000 BPL 15 Mr. Jibon Residential Tenant Service Holder 6,000 BPL 16 Mr. Ranjit Sur Residential Owner Business 30,000 NO 17 Mr. Polash Dhar Residential Owner Service Holder 3,000 BPL 18 Mr. Uma Sangkar Residential Owner Business 10,000 BPL Total DPs Total Vulnerable Households=15 8

12 IV. INFORMATION DISCLOSURE, CONSULTATION, AND PARTICIPATION A. Public Consultation 25. During subproject preparation, consultations were held with the official representatives of DCC, apart from the communities in the subproject 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 Shakhari Bazaar area. These consultations (Table 8) provide 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 B Kaali temple, Shakhari Bazaar Banani, DCC office 12 th June s July 2010 Table 8: Summary of Consultations Number of participants Participants Issues discussed 15 Residents of Understanding of the Shakhari heritage status of the Bazaar, area, profile of the Members of the communities Shakhari inhabiting the Bazaar Shakhari Bazaar, Panchayat Access to committee, infrastructure shopkeepers, services, key issues and residents. pertaining to environment including lack of sanitation facilities, waste collection mechanisms and flooding during rains Willingness of communities to participate in restoration of the area, including buildings conservation and the way to temporarily shift to the other location during the restoration period 3 Executive Overview of the engineer Safeguards policies DCC, Town Environmental planner DCC, Zonal Executive officer (DCC) - Banani impacts due to project, including selection of buildings for restoration, enforcement of development controls in heritage areas. Incorporation into RP and Project design A detailed design of the project area shall be prepared, in consultation with the communities, and shall include plans for infrastructure improvement. All utilities and services currently within the RoW shall be accommodated within the ducts on the road surface, to improve the visual appeal of the area Support to DCC in framing up the guidelines for heritage management Enforcement mechanisms by the DCC to avoid any adverse impacts including unplanned development in heritage areas and protection of the RoW Written agreements between residents and DCC will ensure that all owners and tenants residing in the buildings at the time of the cut-off date are entitled to return to their original location after the subproject or sections of the buildings (deemed as safe by contractors, DCC, and certified engineers) are completed. Adequate compensation for temporary relocation such as shifting allowances, business loss allowances, vulnerable households allowances and rental allowances etc. 9

13 B. Information Disclosure 26. 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 offices. A copy of the RP will be disclosed on the LGED and ADB website. C. Continued Consultation and Participation 27. For continued consultations, the following steps are to be taken: (i) (ii) (iii) (iv) (v) (vi) (vii) 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. Attempts will be made to ensure that vulnerable groups understand the process and to take their specific needs into account. 28. The details on consultation process and disclosure at various phases of project development including the responsible agency are described in Annexure-5. V. GRIEVANCE REDRESS MECHANISMS 29. A grievance redress mechanism (GRM) shall be set up in the Dhaka City Corporation 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. 30. 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 10

14 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. 31. 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. 32. 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. 33. 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; (iii) Representative from Land Ministry; (iv) Representative from DoE; (v) Representative of the APs; and (vi) Environmental / Social Safeguards officer of the PIU. 34. 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. 35. 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 1 illustrates the GRM. 11

15 Figure 1: Grievance Redress Mechanism (GRM) VI. LEGAL FRAMEWORK 36. 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. 37. 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 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 38. All DPs who are identified in the project-impacted areas on the cut-off date 5 will be entitled to compensation for their affected assets, and rehabilitation measures (as outlined in 5 The cut-off date for title holders is based according to the formal notification, and for non-titleholders the date 12

16 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 39. The entitlement matrix in Table 9 summarizes the main types of losses and the corresponding entitlements in accordance with GoB and ADB policies. 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. 13

17 Sl No Table 9: Entitlement Matrix Type of Loss Application Entitled Person Entitlement Implementation Issues Responsible Agency 1. Temporary loss of access 2. Temporary loss of livelihood 3. Impacts on vulnerable DPs 4. Any other loss not identified Temporary loss of access to land, structure, utilities, common property resource Temporary loss of livelihood/so urce of income Owner(s) with legal title, tenant(s), leaseholder(s), sharecropper(s), encroacher(s), squatter(s) Street Hawkers, mobile vendors 60 days advance notice. Provision of temporary access and relocation. Restoration/enhancement of affected land, structure, utilities, common property resource. 60 days advance notice. Provision of temporary access where possible. Provision of alternative sites for continued economic activity where possible. Where provision of alternative sites is not feasible, a one time assistance for 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). Compensation for agricultural losses. Restoration of affected land, structure, utilities, common property resource. 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. 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. All the buildings will be identified in advance and a relocation strategy will be made in advance in consultation with the displaced persons. The PIU will help find suitable alternative locations for displaced persons and ensure all persons have an equally similar location (with equal or better quality and access to services including water, sanitation, electricity, transport, education, etc.) to reside prior to physical displacement. DCC will have a signed agreement that all the DPs guaranteeing their return back to their original place after the restoration. DCC through the PIU will identify the nature of each business of the DPs and accordingly all the DPs losing income/livelihood in temporarily will be paid in the form of compensation for the entire duration of the business loss. DCC will attempt to find alternate site for these people who will be losing their business in a temporary basis. DCC will ensure that the DPs restart their business activities after the restoration activities are done Vulnerable households to be identified during census surveys conducted as part of the RP PU/PMCU Contractor to restore access PIU/PMCU PIU/PMCU PIU/PMCU 14

18 C. Assessment of Compensation Unit Values 40. Shifting Allowance. Shifting allowances have been considered to be 10,000 Tk per household to help the DP shift all their personal belongings. The rental allowances have been considered to be Rs. 5,000/- per household for a period of one year which becomes 60,000 Tk per household. 41. 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. See income restoration and rehabilitation measures below. 42. Temporary Source of Income. The compensation for temporary impacts will be decided based on the average daily income which will be derived from the census survey. The unit cost for temporary loss of income for mobile vendors has been derived based on the minimum wage for the entire period of disruption. The average income in the project area as collected during the census is approximately 9,000 and therefore, the unit cost for one time assistance equivalent to one year loss of income is 108,000 Tk per household VIII. INCOME RESTORATION AND REHABILITATION A. Basic Provision for Relocation 43. Relocation in this sub project will be of temporary in nature. None of the households will be permanently displaced and will be guaranteed return through written agreement between themselves and the DCC. 6 The agreements are to be legally enforceable and agreeable to the DPs. All agreements are to be confirmed through an independent third party. 7 The objective of the subproject is to restore the heritage building and to bring back its original owners and occupants after the restoration process is done. Therefore, resettlement is characterized as a temporary shifting of affected households until the buildings are declared safe and ready for residence. Buildings were agreed to be worked on one at a time to minimize impacts. The Implementing Agency (IA), DCC in this case, will provide adequate and appropriate replacement structures and cash compensation in the form of rental allowances for the entire period of relocation. The DCC will facilitate DPs in finding alternate residences agreeable to the DPs. All DPs are to be relocated and all entitlements provided before displacement occurs. The entitlement also includes shifting allowances. DCC will ensure that all temporary DPs are settled in a new place and DCC will be responsible to bring them back to their original place (through signed agreements) of stay once the restoration activities are complete. The IA will compensate 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. 44. To help affected persons receive 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 6 The PIU will help find suitable alternative locations for displaced persons and ensure all persons have an equally similar location (with equal or better quality and access to services including water, sanitation, electricity, transport, education, etc.) to reside prior to physical displacement. The PIU will provide adequate and appropriate replacement structures, cash compensation at full replacement cost, adequate compensation for partially damaged structures, and relocation assistance, as per applicable according to the entitlement matrix. 7 Draft agreements should be sent to ADB for review. 15

19 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 45. 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 structure paid in full before displacement occurs; Assistance in finding 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; 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. 46. 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). 47. 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. 48. 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 49. The resettlement cost estimate for the Shakhari Bazaar subproject (Table 10) includes eligible compensation, resettlement assistance, as outlined in the entitlement matrix, and support cost for RP implementation. The Government of Bangladesh will release 16

20 funds to the PMCU and the PMCU will release funds to the PIU in a timely manner. The PIU in DCC will then release funds for resettlement to the entitled displaced persons. The total estimated resettlement cost for the subproject is 0.07 million Tk. The costs are outlined below: (i) Compensation in the form of rental allowances for the temporary displaced households; (ii) Assistance in lieu of the loss of income and livelihood ; (iii) Assistance for shifting of personal items and structures; (iv) Training allowance; and (v) 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 Rental Fees Numbers 60, ,80,000 Sub Total (A) 10,80,000 B. Assistance B-1 Shifting Assistance Numbers 18 1,80,000 10,000 B-2 Training Assistance Numbers 3 36,000 12,000 B-3 Loss of Income Numbers 3 3,24,000 1,08,000 B-4 Assistance to Vulnerable Numbers 15 1,50,000 Households 10,000 Sub Total (B) 6,90,000 C RP Implementation Support Cost C-1 Hiring of Resettlement Support Staff Person 24 24,00,000 at DCC/PIU Month 1,00,000 C-2 Administrative Cost Lump Sum 5,00,000 Subtotal C 29,00,000 Total (A+B+C) 46,70,000 Contingency (10%) 4,67,000 GRAND TOTAL 51,37,000 GRAND TOTAL (Million Tk) 5.14 GRAND TOTAL (Million USD) 0.07 X. INSTITUTIONAL ARRANGEMENTS A. Project Management Coordination Unit 50. 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 17

21 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 51. The subproject will be managed and implemented through the PIU based in the Dhaka City Corporation office. 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 dayto-day monitoring of the project progress, including the implementation of the resettlement provisions in the project. 52. 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 53. 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 2. Table 11: Institutional Roles and Responsibilities Activity Responsible Agency A. Subproject Initiation Stage and Institutional Setup Formation of PMCU. LGED Formation of PIU. LGED Finalization of sites for subprojects. PMCU/PIU/MDSC Disclosure of proposed land acquisition and subproject details by PIU/PMCU issuing Public Notice. Meetings at community/household level with DPs. PIU Capacity Building training. MDSC/IRS B. RP Preparation/Updating Stage Resettlement screening and categorization form and submission to PIU/PMCU ADB for each subproject. ADB to confirm resettlement categorization. ADB Census of 100% DPs and socioeconomic survey. PIU/PMCU 18