Resettlement Plan

Document: Resettlement Plan Document Stage: Final Project Number: 45084-002 Date: February 2017

BAN: Coastal Climate-Resilient Infrastructure Project – Resettlement Plan for Borhangonj GC Moazzem Hat GC via Talukder Hat Road Sub-Project, District: Bhola.

Prepared by Local Government Engineering Department for the People’s Republic of Bangladesh and the Asian Development Bank.

The resettlement 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.

In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

Government of the People’s Republic of Bangladesh

Local Government Engineering Department Agargaon, Sher-e-Bangla Nagar, Dhaka-1207

Coastal Climate Resilient Infrastructure Project (CCRIP)

Resettlement Plan for Borhangonj GC–Moazzem Hat GC via Talukder Hat Road, Bhola.

February 2017

Table of Contents

List of Abbreviations ...... 3 Glossary of Terms ...... 5 Executive Summary ...... 9 CHAPTER 1: THE BACKGROUND AND DESCRIPTION ...... 12 1.1 The Sub-Project Background and Rationale ...... 12 1.2 Overall outcome and Impacts of the Subproject in General ...... 12 1.3 Land Acquisition and Mitigation Measures ...... 13 1.4 Preparation of Resettlement Plan ...... 15 CHAPTER 2: SCOPE OF LAND ACQUISITION AND RESETTLEMENT IMPACTS ...... 16 2.1 Description of the Subproject ...... 16 2.2 Minimizing IR Impact through Design Optimization ...... 17 2.3 Scope of Land Acquisition and Associated Impacts ...... 17 2.4 Types of Impact on Affected Parties ...... 17 2.5 Ownership of Affected Land ...... 18 2.6 Need for Relocation ...... 18 2.7 Resettlement and Compensation ...... 18 2.8 Income Compensation ...... 21 2.9 Special Allowance for Vulnerable Affected Families ...... 21 CHAPTER 3: SOCIOECONOMIC CHARACTERISTICS OF THE AFFECTED HOUSEHOLDS ...... 22 3.1 Approach and Survey Coverage ...... 22 3.2 General Socio-economic Profile of the Sub-project ...... 22 3.3 Main Occupations of Bhurhanuddin Upazila and its Diversification in CCRIP ...... 24 3.4 Affected Household and Population ...... 25 3.5 Religion & Ethnic Composition of Households ...... 25 3.6 Income and Poverty Dimensions of the APs ...... 25 3.7 Source of Drinking Water ...... 26 3.8 Sanitation Facilities ...... 26 3.9 Use of Fuel for Cooking ...... 27 3.10 Gender Issues ...... 27 CHAPTER 4: LAND ACQUISITION AND RESETTLEMENT POLICY FRAMEWORK ...... 28 4.1 Government of Bangladesh (GoB) Laws: ...... 28 4.2 ADB’s Safeguard Policy Statement (2009) ...... 28 4.3 Comparison of Resettlement Policies of ADB and GoB: ...... 30 4.4 Principles, Legal and Policy Commitments: ...... 31 4.5 Eligibility Policy and Entitlement Matrix- Eligibility Criteria: ...... 32 4.6 Compensation and Entitlement Policy: ...... 32 CHAPTER 5: STAKEHOLDERS CONSULTATION PARTICIPATION AND INFORMATION DISCLOSURE ...... 36 5.1 Project Stakeholders ...... 36 5.2 Consultation and Participation during the project preparation: ...... 36 5.3 Steps to Ensure Stakeholders Consultation: ...... 37 5.4 Disclosure and Public Consultation (DPC): ...... 38 CHAPTER 6: RELOCATION AND INCOME RESTORATION ...... 39 6.1 Scope of Displacement and Relocation ...... 39 6.2 Relocation of Housing and Establishment ...... 39 6.3 APs Preference for Relocation ...... 39 6.4 Income and Livelihood Restoration (ILR) Strategy ...... 39 6.5 Approaches for Income and Livelihood Restoration (ILR) Activities: ...... 40

Page 1 6.6 Employments in Construction: ...... 41 6.7 Common Property Resources: ...... 41 6.8 Social Issues and Development Needs: ...... 42 CHAPTER 7: INSTITUTIONAL AND IMPLEMENTATION ARRANGEMENTS ...... 43 7.3 Other Agencies Involved in the Process ...... 46 7.3.1 Deputy Commissioners ...... 46 7.3.2 Implementing NGO...... 46 7.3.3 Ministry of Local Government & Cooperatives (LGRD & C) ...... 47 7.3.4 Joint Verification Team ...... 47 7.3.5 Property Valuation Advisory Team (PVAT) ...... 48 7.3.7 Resettlement Advisory Committees (RACs) ...... 49 7.3.8 Women Groups in Resettlement Process ...... 49 7.3.9 Institutional Capacity Strengthening...... 49 CHAPTER 8: GRIEVANCE REDRESS MECHANISM ...... 50 8.1 Grievance Redress Committees ...... 50 CHAPTER 9: RESETTLEMENT AND COMPENSATION COSTS AND BUDGET ...... 53 9.1 Budgeting and Financial Planning...... 53 9.2 Compensation for land ...... 53 9.3 Compensation for Structures ...... 54 9.4 Compensation for Trees ...... 54 9.5 Grant to Income Vulnerable ...... 54 9.6 Estimation of Total Cost and Budget ...... 55 CHAPTER 10: IMPLEMENTATION SCHEDULE ...... 56 10.1 Implementing Schedule ...... 56 CHAPTER 11: MONITORING AND REPORTING ...... 58 11.1 Supervision, Monitoring and Evaluation: ...... 58 11.2 Internal Monitoring: ...... 58 11.3 Potential Monitoring Indicators ...... 59 11.4 Compliance Monitoring ...... 60 11.5 External Monitoring and Evaluation ...... 60 11.6 Reporting Requirements ...... 60

Annex 01: Documentation of the Consultation with the Stakeholders/PAPs...... 61 Annex 02: Schedule of the Consultation Process and locations ...... 65 Annex 03: Pictures of the Consultation with the Stakeholders ...... 66 Annex 04: List of stakeholders/PAPs participated in the consultation process ...... 67 Annex 05: List of Local Govt. Officials Stakeholders participated in the consultation ...... 69

Page 2 List of Abbreviations

ADB : Asian Development Bank ADC (Rev) : Additional Deputy Commissioner (Revenue) AH : Affected Household AP : Affected Person BWDB : Bangladesh Water Development Board CBE : Commercial and Business Enterprise CPR : Common Property Resources CIF : Climate Investment Fund CCRIP : Coastal Climate Resilient Infrastructure Improvement Project CS : Cyclone Shelter DC : Deputy Commissioner DAE : Directorate of Agriculture Extension DP : Displaced Person DOF : Department of Forest MSC : Management Support Consultant EA : Executing Agency EC : Entitlement Card EP : Entitled Person FGD : Focus Group Discussion GOB : Government of Bangladesh GPS : Government Primary School GRC : Grievance Redress Committee GRM : Grievance Redress Mechanism Ha : Hectare HH : Household IA : Implementing Agency ID : Identity Card IFAD : International Fund for Agricultural Development IGP : Income Generating Program KfW : Kreditanstalt für Wiederaufbau ILRP : Income and Livelihood Restoration Program JVT : Joint Verification Team km : Kilometer LA : Land Acquisition LAO : Land Acquisition Officer Page 3 LA&R : Land Acquisition and Resettlement LGI : Local Government Institution LGRD & C : Local Government Rural Development & Cooperatives M&E : Monitoring & Evaluation MIS : Management Information System MOLGRD & C : Ministry of Local Government Rural Development & Cooperatives NGO : Non-government Organization PAH : Project Affected Household PD : Project Director PMU : Project Management Unit PPR : Project Progress Report PPCR : Pilot Program for Climate Resilience PPTA : Project Preparatory Technical Assistance PVAT : Property Valuation Advisory Team R&R : Resettlement and Rehabilitation RAC : Resettlement Advisory Committee RF : Resettlement Framework ROW : Right-of-Way RP : Resettlement Plan RV : Replacement Value SES : Socio-economic Survey SMO : Subproject Management Office SCF : Strategic Climate Fund SP : Subproject SPCR : Strategic Program for Climate Resilience Sqm. : Square meter TA : Technical Assistance TOR : Terms of Reference UP : Union Parisad UZ : Upazila VH : Vulnerable Household VPAPs : Vulnerable Project Affected Persons XEN : Executive Engineer

Page 4 Glossary of Terms

Affected Person (AP): includes any person, affected households (AHs), firms or private institutions who, on account of changes that result from the project will have their (i) standard of living adversely affected; (ii) right, title, or interest in any house, land (including residential, commercial, agricultural, forest, and/or grazing land), water resources, or any other moveable or fixed assets acquired, possessed, restricted, or otherwise adversely affected, in full or in part, permanently or temporarily; and/or (iii) business, occupation, place of work or residence, or habitat adversely affected, with physical or economic displacement. Assistance: means support, rehabilitation and restoration measures extended in cash and/or kind over and above the compensation for lost assets. Awardees: means the person with interests in land to be acquired by the project after their ownership of said land has been confirmed by the respective Deputy Commissioner's office as well as persons with interests in other assets to be acquired by the project. Compensation for acquired assets is provided to ‘awardees’ through notification under Section 7 of the Land Acquisition Ordinance. Compensation: means payment in cash or kind for an asset to be acquired or affected by a project at replacement cost at current market value. Cut-off date: means the date after which eligibility for compensation or resettlement assistance will not be considered is the cut-off date. Date of service of notice under Section 3 of Land Acquisition Ordinance is considered to be the cut-off date for recognition of legal compensation and the start date of carrying out the census/inventory of losses is considered as the cut of date for eligibility of resettlement benefits. Displaced Person (DP): As per ADB Safeguard Policy Statement (SPS) 2009- displaced persons are those who are physically displaced (relocation, loss of residential land, or loss of shelter) and or economically displaced (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. Encroachers: mean those people who move into the project area after the cut-off date and are therefore not eligible for compensation or other rehabilitation measures provided by the project. The term also refers to those extending attached private land into public land or constructed structure on public land for only renting out. Entitlement: means the range of measures comprising cash or kind compensation, relocation cost, income restoration assistance, transfer assistance, income substitution, and business restoration which are due to AHs, depending on the type and degree /nature of][\their losses, to restore their social and economic base. Eminent Domain: means the regulatory authority of the Government to obtain land for public purpose/interest or use as described in the 1982 Ordinance and Land Acquisition Law. Household: A household includes all persons living and eating together (sharing the same kitchen and cooking food together as a single-family unit). Inventory of losses: means the pre-appraisal inventory of assets as a preliminary record of affected or lost assets. Non-titled: means those who have no recognizable rights or claims to the land that they are occupying and includes people using private or public land without permission, permit or grant i.e. those people without legal title to land and/or structures occupied or used by them. ADB’s policy explicitly states that such people cannot be denied resettlement assistance. Subproject: means improvement works of the Coastal Climate Resilient Infrastructure Project (CCRIP) jointly funded by Asian Development Bank (ADB), KfW, and IFAD.

Page 5 Project Affected Units (PAUs): combines residential households (HHs), commercial and business enterprises (CBEs), common property resources (CPRs) and other affected entities. Project Affected Family: includes residential households and commercial & business enterprises except CPRs. Relocation: means displacement or physical moving of the DPs from the affected area to a new area/site and rebuilding homes, infrastructure, provision of assets, including productive land/employment and re-establishing income, livelihoods, living and social systems Replacement cost: means the value of assets to replace the loss at current market price, or it’s nearest equivalent, and is the amount of cash or kind needed to replace an asset in its existing condition, without deduction of transaction costs or for any material salvaged. Resettlement: means mitigation of all the impacts associated with land acquisition including restriction of access to, or use of land, acquisition of assets, or impacts on income generation as a result of land acquisition. Significant impact: means where 200 or more DPs suffer a loss of 10% or more of productive assets (income generating) or physical displacement. Squatters: means the same as non-titled and includes households, business and common establishments on land owned by the State. Under the project this includes land on part of the crest and slopes of flood control embankments, and similar areas of the drainage channels. Structures: mean all buildings including primary and secondary structures including houses and ancillary buildings, commercial enterprises, living quarters, community facilities and infrastructures, shops, businesses, fences, and walls, tube wells latrines etc. Vulnerable Households: means households that are (i) headed by single woman or woman with dependents and low incomes; (ii) headed by elderly/ disabled people without means of support; (iii) households that fall on or below the poverty line; 1 (iv) households of indigenous population or ethnic minority; (v) households of low social group or caste; and (vi) person without title to land.

Page 6 Map of Sub-Project 1.1 Project Location Maps: Upazila Road Sub-Project – UZ12: Borhangonj GC – Moazzem Hat GC via Talukder Hat

PROJECT ROAD PROJECT

- SUB

Page 7 Sub-project location

Page 8 Executive Summary

A. Introduction

1. The Coastal Climate Resilient Infrastructure Project (the project) is a result of the Government of Bangladesh’s participation in the Strategic Program for Climate Resilience (SPCR) prepared under the Pilot Program for Climate Resilience (PPCR). The PPCR is a program under the Strategic Climate Fund (SCF)1 within the Climate Investment Funds (CIF),2 to pilot and demonstrate ways to mainstream climate resilience in development planning and management. As one of the projects approved for enhanced climate resilience under the SPCR, the Coastal Climate Resilient Infrastructure Project will improve livelihoods in the rural coastal districts vulnerable to climate variability and change. B. Objectives of the Project 2. The main objective of the project is to reduce poverty in the rural coastal districts vulnerable to climate change and increased safety of the population during extreme climatic events. The outcome will be enhanced climate resilience of coastal infrastructure in 12 rural coastal districts benefiting the poor and women. The overall project outcome will be achieved through the following project outputs: (1) improved road connectivity; (2) improved market services; and (3) improved climate capacity and protection including increased availability of climate disaster shelters, improved access to shelters and improved facilities of existing climate disaster shelters. 3. The project, while enhancing longevity and sustainability of infrastructure, will improve livelihoods in 12 rural coastal districts vulnerable to climate variability and change and have deficient mobility and accessibility.3 The project aims to provide climate resilience measures that deliver a degree of climate proofing commensurate with both the task that structures have to perform and the level of acceptable risk as well as being sensibly within available budgets. 4. Each of the project components, roads; growth centres, markets; and cyclone shelters have their specific tasks and levels of acceptable risk to the impacts of Sea Level Rise (SLR), high wind, increasing temperature and increasing likelihood of severe cyclone events. The underpinning thrust is ensuring that all structures are constructed within a strong framework of enforced appropriate specifications and an as-built quality audit. “Climate-proofing” measures include enhanced resilience to present climate effects plus forecast future climate change impacts.

1 The SCF is to finance targeted programs with dedicated funding to pilot new approaches with potential for scaling up. It includes PPCR, Forest Investment Program, and Scaling up Renewable Energy Program in Low Income Countries.

2 The CIF are a unique pair of financing instruments designed to support low-carbon and climate-resilient development through scaled-up financing channelled through ADB, the African Development Bank, European Bank for Reconstruction and Development, Inter-American Development Bank, and World Bank Group.

3 These districts are: Satkhira, Khulna, Bagerhat, Perojpur, Barisal, Jhalokati, Bhola, Patuakhali, Barguna, Madaripur, Gopalganj, and Shariatpur.

Page 9 C. Resettlement Impacts

5. So far, the improvement works for this road subproject have been found to have resettlement impacts on the land owners and community. Apart from the existing road, the entire alignment of the proposed road sub-project is covered by the private land of 5.42 acres belong to 61 households. As a result, land acquisition and resettlement plan are required to compensate them by following the existing Land Acquisition and Immovable Property Acts of the Government and the ADB’s SPS 2009. Meanwhile, LGED, through the Design & Supervision Consultant (DSC) has already conducted optimize the detail design for this subproject (without compromising climate resilience or minimum traffic design standards) to avoid and minimize significant impacts on existing buildings and land as far as practicable. LGED determines to conduct a formal consultation process with the affected people /landowners in case of providing voluntary donation if the respective landowners are willing to handover their land freely and a process of making documentation will be done in this connection. However, such case has not yet been found during the socio-economic households’ survey for this sub- project rather landowners are willing to provide land in exchange of compensation as per the government policy. 6. A socio-economic impact survey was conducted by CCDB, implementing NGO, covering 100% project affect households who own the properties of the proposed alignment of the subproject. Based on the study findings, the Resettlement Plan for the subproject has been prepared in accordance with ADB’s SPS, 2009 and the land acquisition, resettlement & rehabilitation policy of the Government of Bangladesh (GoB). 7. The total requirement of lands for the improvement of the proposed subproject has already been estimated at 5.42 acres comprising entirely privately owned land in which the existing alignment of the road is belonging to the government acquired land. Of the total affected lands, agriculture land, households, residential homesteads/lands, commercial structures will be physically displaced from their existing location in consulting with the affected persons by paying appropriate compensation. Mitigation of all impacts, including the significant resettlement impacts, will be undertaken through implementation of this Resettlement Plan (RP). 8. The socioeconomic study shows that no indigenous people (tribal or ethnic minority) are living within the affected population therefore; no tribal community will be impacted due to the subproject’s development/ improvements. 9. In dealing with Resettlement Plan (RP), an entitlement matrix has been developed keeping provision of compensation to all affected households/persons for all their lost land & assets, to be paid by the DC & LGED. Compensation is based on entitlements including: (i) replacement cost of land & structures and (ii) other resettlement assistance as required such as shifting allowance, construction cost and compensation for loss of workdays/income due to dislocation. They will receive compensation for lost business and any other productive means or livelihood opportunities due to relocation. Female-headed and other vulnerable households will be eligible for further cash assistance for relocation and resettlement to improve their living condition. Compensation and entitlements have been identified based on impacts and losses that incorporated in the main report of each RP.

Page 10 D. Monitoring of the Resettlement Activities

10. The RP implementation activities will be monitored both internally and externally. The LGED with the assistance from the implementing NGO, CCDB will be responsible for implementation, monitoring and evaluation of the RP. The CCDB has collected Baseline Data including quantitative and qualitative information which also analyzed to assess the impacts of the project on the people living in the sub-project area. The households’ information, both quantity and qualitative, derived from the socioeconomic study for this sub-project has already been documented which used and calculated in preparing the Resettlement Plan and estimated budget for paying compensation to the affected households.

Page 11 CHAPTER 1: THE BACKGROUND AND DESCRIPTION

1.1 The Sub-Project Background and Rationale 1. The sub-project under the CCRIP consists of 02 Union Parishads (UP) are called Kachia and Dawla under the Upazila of Borhanuddin of Bhola district. The proposed road of the sub-project starts at Borhangonj GC and ends at Moazzem Hat GC via Talukder Hat Road. As per LGED road classification this road is an Upazila Road with the ID No.509212008. It connects Borhangonj GC, Talukder Hat rural market, Moazzem Hat GC and the local population to schools, rural markets, clinics, shops, mosque, temple etc. 2. In line with the objectives of the CCRIP, Borhangonj GC – Moazzem Hat GC via Talukder Hat sub-project is considered under project output-1: improved road connectivity. A large river crosses the road is identified between km 4+500 and km 4+680, width 180m. The local population uses boats for crossing this river. The earthen road from km 3+800 to km 8+700 has an average embankment top width of 3.50m and 5.70m at the bottom and appropriate widening and rising is required. The road level is less than 600mm above the normal flood level. The general embankment condition is not good due to natural damage for normal rain and annual floods. The embankment side slope and existing earthen shoulder are damaged and depressed. 3. One narrow and damaged existing RCC bridge structures is proposed for replacement. Ten (10) nos. box culverts are proposed for construction at different locations as a replacement of existing damaged culverts, U-drains and to close gaps. Boat stations (Ghat) are proposed for construction at both sides of the river km 4+500. The proposed road is an important link for the movement of people as well as transportation of goods between Kathi GC, Teligati Hat up to Raghunathpur road. After completion of the total length of the road, the volume of the traffic size will greatly increase and it will contribute in achieving the broad goals of poverty reduction and expanding opportunities for women. The livelihood and socio economic condition will also improve. Further, the road connects many Union Parishad, educational institutions, growth centre, markets, mosque, sawmills, health facilities, post office, fish cultivation area and other social institutions.

1.2 Overall outcome and Impacts of the Subproject in General 4. The impact of the project will be reduced poverty in the rural coastal districts vulnerable to climate change and increased safety of the population during extreme climatic events. The outcome will be enhanced climate resilience of coastal infrastructure in 12 rural coastal districts benefiting the poor and women. 5. The overall project outcome will be achieved through the following project outputs: (1) improved road connectivity; (2) improved market services; and (3) improved climate capacity and protection including increased availability of climate disaster shelters, improved access to shelters and improved facilities of existing climate disaster shelters. 6. The positive impacts of subproject are: (a) prevention of soil erosion (by bituminizing the pavement and planting grasses, shrubs and trees on road sides and slopes); (b) restoration of regional hydrology and drainage through reconstructing / rehabilitation bridges/ culverts; (c) access to markets and health services; (d) stabilization of erosion vulnerable areas through realignment, and (e) potential for establishment of new commercial activities at the markets as well as along the improved roads. The vent regulators will allow cross drainage

Page 12 when required. The plantation of trees and economic plants over the roadsides and slopes will provide economic benefits and climate mitigation measures for stabilization of the road slopes. 7. The improvement works for this subproject are expected to have a limited negative impact on the population living in the project area, because the improvement/development will be carried out mostly along existing road alignments. Accordingly land acquisition and relocation of house/business structure or people will be on a very limited scale. These impacts are minimized through optimization of the upgraded road alignment and cross-sections design to reduce land acquisition requirements and to avoid existing structures and displacement of people as much as possible. At this stage of the project, it is not possible to precisely identify the impacts of the proposed road improvement - this will be done during the detail design and implementation stage of the project. However, a preliminary design has been undertaken, which is based on technical and socio-economic including proposed land acquisition surveys in July- October 2015, which provide an adequately reliable basis for the purposes of this RP.

1.3 Land Acquisition and Mitigation Measures 8. In line with the ADB’s Social Safeguard Policy Statement (SPS) 2009 and project document (DPP), LGED is agreed to prepare this resettlement plan in order to ensure that livelihoods and standards of living of displaced persons are improved, or at least restored to pre-project (physical and/or economic) levels and that the standards of living of the displaced poor and other vulnerable groups are improved, not merely restored, by providing adequate housing, security of land tenure and steady income and livelihood sources. The resettlement plan will address all relevant requirements specified in Safeguard Requirements and its level of detail and comprehensiveness of the resettlement plan will be corresponding to the significance of involuntary resettlement impacts. 9. LGED, through the Design & Supervision Consultant (DSC) has completed the detail design for this road subproject (without compromising climate resilience or minimum traffic design standards) to avoid and minimize impacts on existing buildings and land as far as practicable. Where resettlement impacts are unavoidable, LGED conducts formal consultation for any resolution with the landowners in case of land acquisition or providing voluntary donation if the respective landowners are willing to handover their land freely for the development project for which a process of making written documentation is required. However, during the consultation process at the sub-project level, landowners/ affected persons expressed their willingness to provide their lands for the acquisition to implement the sub-project in exchange of appropriate compensation and also willing to be resettled or replaced structures/properties subject to paying compensation. Notwithstanding, in this case, they have prioritized on the improvement of the local communication by the implementation of this sub-project that would help them enhance their socio-economic conditions. 10. LGED will implement a process of land acquisition and resettlement by following the Land Acquisition/Requisition and Immovable Property Acts of the Govt. of Bangladesh and ADB’s social Safeguard Policy Statement, 2009 which is also described in the Development Project Proposal (DPP) of CCRIP. In case of determining the price for the affected properties, any resolution will be required through adequate and meaningful consultation and understanding with affected persons including those people without legal title to assets and such consultation need to be fully documented. With the active initiation of the members of JRC, PVAT and GRC, a fair price should be ensured for affected land and/or other assets i.e. replacement cost of the affected properties. The LGED determines to ensure meaningful

Page 13 consultation and settlement with affected persons that will openly addresses the risks of information and bargaining power of the parties are involved in such transactions. With this aim, LGED will engage an independent monitor /external party to document the negotiation and settlement processes. 11. The resettlement plan is based on the social impact assessment and through meaningful consultation with the affected persons conducted by the implementing NGO- CCDB. For this resettlement plan, it has been ensured that the displaced persons are (i) informed about their options and entitlements pertaining to compensation, relocation, and rehabilitation; (ii) consulted on resettlement options and choices; and (iii) provided with resettlement alternatives. During the identification of impacts of resettlement and resettlement planning, the implementing NGO took adequate attention to gender concerns, including specific measures by addressing the need of female headed households, gender-inclusive consultation, information disclosure, and grievance mechanisms to ensure that both men and women will receive adequate and appropriate compensation for their lost properties and also resettlement assistance to restore and improve their incomes and living standards.

Km 4+200 Km 4+350

Km 4+500 Km 7+100

Page 14 1.4 Preparation of Resettlement Plan 12. This Resettlement Plan (RP) is for the subproject of Upazila Road Sub-Project – UZ12: Borhangonj GC–Moazzem Hat GC via Talukder Hat which is part of Output 1, Improved Road Connectivity. Output-1 will include in upgrading of 8.70 km long Upazila roads of which 3.80 km, from km 3+800 to km 8+700, are proposed for improvement. The road section from km 3+800 to km 8+700 is earthen and is proposed for improvement under the present project. LGED & CCDB Safeguard Team has undertaken a socio-economic study of likely impacts, both negative and positive for this road subproject considering a total road length of 8.7 km long in order to connect the existing improved Upazila road. 13. The Safeguard Consultant has reviewed applicable policy and legal instruments for land acquisition and resettlement along with the most important social impact assessment issues for the analysis of the subproject impacts. A socio-economic impact was conducted during July 2015 followed by further verification in October 2015 to confirm the physical impacts of the preliminary road design for the subproject. Based on the study findings, this Resettlement Plan for the subproject has been prepared, in compliance with ADB’s Involuntary Resettlement & Safeguard Policy Statement (SPS, 2009) and the land acquisition, resettlement & rehabilitation policy of the Government of Bangladesh (GoB).

Page 15 CHAPTER 2: SCOPE OF LAND ACQUISITION AND RESETTLEMENT IMPACTS

2.1 Description of the Subproject 14. Burhanuddin, the smallest Upazila of Bhola Zila in respect of area, became a Police station on 17 August, 1928 and was upgraded to an Upazila on 2 July, 1983. Nothing is definitely known about the origin of the Upazila name. There is a general belief that the name Burhanuddin has been originated from the name of an influential and wealthy man named Burhanuddin Hawlader of the locality. 15. The total length of the sub-project road is 8.70 km of which 3.80 km, from km 3+800 to km 8+700, are proposed for improvement. The existing road is bituminous surfaced from km 0+000 to km 2+000; construction work is ongoing under the Greater Barisal Development Project (GBDP) of LGED between km 2+000 and km 3+800. The road section from km 3+800 to km 8+700 is earthen and is proposed for improvement under the present project. 16. A large river crosses the road between km 4+500 and km 4+680, width 180m. The local population uses boats for crossing this river. The earthen road from km 3+800 to km 8+700 has an average embankment top width of 3.50m and 5.70m at the bottom and appropriate widening and rising is required. The road level is less than 600mm above the normal flood level. The general embankment condition is not good due to natural damage for normal rain and annual floods. 17. One narrow and damaged existing RCC bridge structures is proposed for replacement. Ten (10) nos. box culverts are proposed for construction at different locations as a replacement of existing damaged culverts, U-drains and to close gaps. Boat stations (Ghat) are proposed for construction at both sides of the river km 4+500. Improvement of road is found 4.90 km which includes the following Components:  Earthworks for widening of embankment and to keep the road profile level uniform.  Provide new base course layer, sub base course layer and BC layer  Provide sub grade drains  Provide Protective works at vulnerable locations.  Provide bus bay, passing places and widening at market/congested places.  Road side canal excavation  Tree planting

18. The earthworks, improvement of drainages, culverts and maintenance works aimed at establishing better quality of assets over the years which will result in improvement of quality livelihoods and enhancement of women’s role in economy and sustainable livelihood development. Through these works beneficiaries will get access to hats, bazars and with many other institutions like- educational institutions: colleges, high school and junior high school, madrasa, government primary school, non-government primary school, Cultural organizations Club, library, women's organization, co-operative society etc. due to improved communication facilities. Proposed sub-project works in CCRIP try to capture the overall changes that would take place in the people’s livelihoods during and after the project implementation. A significant quantitative and qualitative changes for agricultural produces/operations, Upazila infrastructure ensure quality livelihoods and socio-economic status of women, poor, landless labours after the implementation of the Climate Change Resilient Improvement Project

Page 16 (CCRIP) will effectively develop, economically profitable and sustainable livelihood models. The CCRIP’s components have touched open the livelihoods of the marginalized women by making them as equal labour force in rural economy.

2.2 Minimizing IR Impact through Design Optimization 19. The subproject improvement works will have some adverse socio-economic impacts due to the acquisition of 5.42 acres of lands belong to 33 households in which only 03 homestead along with 01 pond will require to be relocated or shifted. The initial survey without optimization of the design to minimize impacts on structures and people found that 33 families belong to the 5.4 acres of land including 03 residential homesteads along with pond and tress will be potentially affected for which proper compensation and replacement plan will be taken into consideration as per rules of business of the GOB and ADB’s Safeguard Policy Statement (SPS) 2009. However, displacement of more residential houses or commercial structures will not be affected due to land acquisition.

2.3 Scope of Land Acquisition and Associated Impacts 20. The civil works for the subproject road improvements would be carried out on the existing road alignment taking necessary additional land from both available government/Khas land and also from the private land owners. The road for the sub- project is 8.70 km long of which 3.80 km, from km 3+800 to km 8+700, are proposed for improvement that will be assisted with the improved Upazila road. It is proposed to improve the 4.9 km including the following components: 21. The total land requirement for the improvement of the proposed road has been estimated at about 5.40 acres comprising privately owned lands including agricultural lands, ponds and residential homestead. This RP has been prepared based on a census and a socioeconomic /resettlement survey of the affected households and other establishments. However, a plot to plot survey of different types of affected lands yet to be done under households’ survey. A more detailed survey of different types of land likely to be affected would be done at the detailed design stage, using a land acquisition plan to update and finalize this RP. Within the proposed corridor/ROW of the road, the socioeconomic survey found that only 5.4 acres of agricultural land, trees/gardens, 01 pond and 03 homesteads will be affected due to the improvement of the proposed sub-project’s activities.

2.4 Types of Impact on Affected Parties 22. The primary survey shows that in total 61 households will be affected due to the implementation of the sub-project and the affected resources are agricultural land, trees, homesteads and pond. Among the 61 HHs, 33 HHs will be affected by losing agricultural land, 21 HHs will be affected by losing trees, 04 HHs will be affected by losing pond and 03 HHs will be affected by losing residential homestead. . 23. The concerned affected households will be provided assistance by the EA (LGED) in the form of compensation and resettlement benefits as per the land acquisition and resettlement policy of the GOB and ADB’s SPS 2009 to restore their lost incomes. The main impacts on these potentially affected households due to this subproject development are as follows: i. Land loss: The adverse impacts due to undertaking of the proposed subproject improvement works will affect 33 household with the agricultural land of 5.4 acres. Page 17 ii. Trees/ timbers belong to 21 households will be affected by the sub-project’s activities. iii. Loss of residence: Primarily it is found that one residential homestead will require to be replaced in which 03 households will require to be replaced who will be covered under the compensation of the RP. iv. Loss of Pond: One pond belongs to 04 households will be affected due to the acquisition of the land for the implementation of the sub-project.

Table 2.1: Subproject Impacts on Households/Parties by Sex and types of ownership Category

Number of Impacted Head of Households by Sex Impact Category Remarks Male Female Total

No. Head of Households affected by 36 36 33 HHs will lose land loss of agriculture land and and 03 HHs will lose homesteads. Homesteads

HHs affected by loss of Pond 4 03

Land with trees 21 21

Total 61 61

Source: Socioeconomic census & survey, July-October 2015

2.5 Ownership of Affected Land 24. The implementation of the sub-project’s works will adversely impact on the socio-- economics and livelihoods of the local people due to undertaking of the proposed improvement works in which 61 families belong to the agricultural land of 5.4 acres, trees, homesteads and ponds In fact, all affected households will require assistance in the form of compensation and resettlement benefits as per the land acquisition and resettlement policy of the GOB and ADB’s SPS 2009 to restore their lost incomes.

2.6 Need for Relocation 25. The proposed road subproject improvement works will have some adverse impact on the 03 families belong to residential homesteads those who are required to be replaced and compensated appropriately by following the ADB’s social Safeguard Policy Statement 2009. All efforts will be made through various provisions in this RP to mitigate negative social impacts on project-affected persons and communities by supporting relocation of affected owners of the homesteads by restoration of pre-project level of income in addition to the compensation of the acquired lands. Preferences will be given to AHs for getting cash compensation for their lands, and relocation of structures within their remaining viable plots.

2.7 Resettlement and Compensation 26. Land valuation to determine replacement cost at this stage has been done based on

Page 18 socioeconomic survey information, current land price informed by the APs and consideration of current market prices through land market surveys conducted in July-October 2015. The exact land values will be determined by the Property Valuation Advisory Team (PVAT) during implementation of the subproject. As per present survey data, per decimal current price of different types of land has been tentatively estimated as stated in the Table below.

Page 19 Table 2.6: Tentative Land Prices

Sl. No Type of land Unit Average rate (Tk.)

1 Agriculture Land Decimal 20000 2 Land with pond Decimal 25000 3 Homestead Decimal 30000 Source: Socioeconomic census & survey, July-October 2015

27. Structures - Replacement cost also has been calculated primarily based on socioeconomic survey information collected from the stakeholder’s discussion at the project level and collected current costs of construction of different types of structure. However, the exact cost of replacing structure by type/construction materials will be determined by the Property Valuation Advisory Team (PVAT) by following the set rule by the government’s authority concerned during implementation of the subproject. The tentative prices of different types of structure per sq. considering construction materials are given in the Table below.

Table 2.2: Details of Tentative Structure Values

Sl No. Item Unit Rate (To)

1 Structure of the Homestead Per 800 Sq. meter

Source: Socioeconomic census & survey, October 2015

28. Trees - average replacement cost prices for each tree considering the size and type have been collected during the survey which is given below. However, the prices of trees would be required to determine through the appropriate authority of the government during assessment of the PVAT of the subproject.

Table 2.3: Number and Tentative Values of Affected trees

Average value/per tree (in Type of Tree/Size No of affected trees Taka)

Fruit Trees:

Small 40 400

Medium 20 1000

Total 60

2. Timber/wood trees

Medium 30 800

Small 75 400

Total 165

Page 20 Source: Socioeconomic census & survey, July-October 2015

2.8 Income Compensation 29. Monthly average income has been identified through the discussion with the affected households. The monthly average income has been tentatively estimated of Tk. 15000. Compensation will be given to each affected household who will be replaced with their homesteads by estimating and paying the appropriate Replacement Cost (RP) including the cost of the structures as per the Safeguard Policy Statement of ADB 2009.

2.9 Special Allowance for Vulnerable Affected Families 30. Among the 61 identified affected households, 06 HHs are found in a vulnerable living status those who are under the poverty line in case of earning and managing their livelihoods. Of them, 01 HH is found belongs to female headed household. For the AHs identified as vulnerable, considering the vulnerability criterion (e.g. elderly, disable, female headed households, etc.) provisions have been kept in the RP to provide a special allowance equal to three months average income of the family. Average monthly income of the affected vulnerable households is tentatively estimated to be Tk. 6000.

Page 21 CHAPTER 3: SOCIOECONOMIC CHARACTERISTICS OF THE AFFECTED HOUSEHOLDS

3.1 Approach and Survey Coverage 31. During the implementation phase of the Project, the DSC will carry out a suitably optimized detailed design for the improvement works in consultation with the MSC, and this RP will be updated. Under the current study, a team comprising of CCDB survey personnel having previous experience in involuntary resettlement conducted a social assessment (SA) in July-October 2015. The social impact assessment is based on the household’s survey covering all the potentially affected parties for which collected information necessary for preparation of this draft RP. A preliminary socioeconomic survey was also conducted, covering all Affected Persons those who will be lost their commercial structures and places. However, a detail households survey will be conducted during the land survey to be conducted by the JVT in which a database on resettlement impact in terms of households to be affected, along with their inventory of assets and socio-economic profiles will be further prepared . 32. The objective of the surveys is to identify and quantify the number of likely project affected households/population, CPRs etc. and loss of land & other properties. The ultimate purpose of the surveys is to assess potential socio-economic impacts on the people, identify different type of losses; resettlement and rehabilitation needs etc. and also estimate the values of the losses in order to prepare this resettlement plan. The surveys collected a wide range of data including: . Demographic variables e.g. number of households, population, sex, age structure, religion, ethnicity etc.; . Socio-economic profiles of the affected households/population covering education and livelihood condition, i.e. income, employment/occupation, land holding pattern & tenancy etc.; . Data on different types of land likely to be acquired, and their uses. . Assessment/ quantification and ownership of likely affected land, structures, crops, perennials and other properties; . Value of different types of lands, structures and .other properties; . Assessments of resettlement and rehabilitation requirements, needs, choices etc.; . Existing condition of different community facilities emphasizing communication, marketing, health & sanitation, education, drinking/potable water, electricity and other civic amenities etc.; . Assessments of views, opinions and suggestions of the affected people about the proposed project, and also to obtain the views of the affected people on likely benefits and adverse effects due to the project works; . Community/stakeholder consultations, FGD to gather inputs/feedback on the project in general and social safeguard issues in particular; . Estimates of underlying social costs to be incurred due to the project . Information about the project among the people of the project area was disseminated;

3.2 General Socio-economic Profile of the Sub-project

Page 22 33. Secondary data for the Borhanuddin Upazila has been used for reflecting the appropriate socio-economic and demographic profiles of the sub-project area which can be compared with the primary information collected from Affected Households. However, general socioeconomic profiles of the sub-project area under Birhanuddin Upazila of Bhola district are mentioned below for which information/data is used from the Population Census Survey of BBS, 2011 and Banglapidia: 34. Area and Location: The Upazila occupies an area of 284.66 sq. km. It is located between 22°21' and 22°34' north latitudes and between 90°35' and 90°51' east longitudes. The Upazila is bounded on the north by Bhola Sadar Upazila and Daulatkhan Upazila, on the east by Tajumuddin Upazila, on the south by Lalmohan Upazila and on the west by Bauphal Upazila of Patuakhali Zila. 35. Administrative/Geographic Unit: The Upazila consists of 1 paurashava, 9 Wards, 13 mahallas, 9 unions, 57 populated mauzas and 46 villages. The average population of each Ward and mahalla are 1457 and 1008 respectively. On the other hand, the average size of population of each union, mauza and village are 24528, 3873 and 4799 respectively. 36. Housing and Household Characteristics: In the Upazila, there are 48534 households. Distribution of household by type shows that there are 99.68% general unit, 0.04% institutional and 0.2 8% other unit. . Household Size: The average household size (General) for the Upazila is 4.8 persons, for rural area the size is also 4.8 and for urban area the size is slightly higher i.e., 4.9. . Type of Housing Structure: In the Upazila, 1.7% general household live in pucca house, 7.6 % in semi-pucca house, 87.8% in kutcha house and the remaining 2.9% live in jhupri (very poorly making residence using bamboos). . Source of Drinking Water: In Burhanuddin Upazila, 97.5% general household get the facility of drinking water from tube-well, 0.2% from tap and the remaining 2.3% household get water from other sources. . Sanitation: In the Upazila, 63.6% general household use sanitary latrine, 31.0% non- sanitary latrine and the remaining 5.4% have no toilet facility. . Access to Electricity: All the 9 unions of the Upazila have brought under the Rural Electrification Program. However, a total of 25.1 % general household reported to have electricity connection in the entire Upazila in 2011 as against 8.7% in 2001. 37. Population Characteristics: According to Population and Housing Census 2011, the total Population of the Upazila is 233860 of which 115033 are males and 118827 are females. The sex ratio of the Upazila is 97 which remarkably decreased in 2011 as against 106 in 2001. The decadal population growth rate for the Upazila is (-) 4.21 % and the annual compound growth rate is found (-) 0.42%. (Population census, BBS, 2011).In Bhorhanuddin Upazila, of the total population , Muslim is found 94% , Hindu 5% and the remaining 1% Buddhist and others minority [Banglapedia]. 38. Indigenous peoples: “Indigenous peoples in independent countries (are those) whose social, cultural and economic conditions distinguish them from other sections of the national community and whose status is regulated wholly or partially by their own customs or traditions or by special laws or regulations:" In Bhorhanuddin Upazila there is no indigenous community. 39. Literacy Rate and Sub-Project Works’ Benefits to Bhorhanuddin Upazila: The

Page 23 literacy rate of the Upazila in 2011 is 47.9% for both sex, 49.2% for male and 46.7% for female. It shows an increase of 10.7, 9.2 and 12.5 percent point in 2011 over 2001 for both sex, male and female respectively. In the Upazila, the literacy is the highest i.e., 77.6% in Ward No. 06 of Burhanuddin Paurashava and the lowest i.e., 34.3% in Dewla. Literacy rate by sex of three consecutive censuses are shown in the below table:

Table 3.1: Literacy rate by sex, 1991-2011 Item 1991 2001 2011 Both Sex 21.2 37.2 47.9 Male 26.3 40.0 49.2 Female 16 34.2 46

Source: BBS, Bangladesh population and housing census 2011, bohorhanuddin Upazila

40. The numbers of educational institutes of the Borhanuddin Upazila are found: College 2, secondary school 31, primary school 146, community primary school 1, kindergarten 4, NGO School 70, madrasa 110. Name of the noted educational institutions are: Abdul Jabber College (1972), Burhanuddin Mohila Degree College (1995), Burhanuddin High School (1917), Mirzakalu High School (1920), Kutba Secondary School (1988), Burhanuddin Alia Madrasa (1921). Source: Banglapidia

3.3 Main Occupations of Bhurhanuddin Upazila and its Diversification in CCRIP 41. Agriculture 66.37%, non-agricultural labourer 4.09%, commerce 11.29%, transport and communication 2.65%, industry 0.35%, service 6.14%, construction 2.05%, religious service 0.37%, rent and remittance 0.98% and others 5.71%. Ownership of agricultural land: Landowner 59.89%, landless 40.11%; agricultural landowner: urban 58.96% and rural 60.06%. Main crops Paddy, jute, potato, ground nut, pulses, sugarcane, chilli, betel leaf, vegetables. Extinct or nearly extinct crops: Sesame, linseed, mustard seed. Main fruits are Mango, jackfruit, watermelon, papaya, banana, betel nut, coconut, and fruit. The IGA activities, manufacturing factories, cottage industries and the potential agricultural value chains are given in the table.

IGA Activities, Manufacturing factories, Cottage and potential value chains Manufacturing IGA activities: Cottage industries Potential value chains factories Fishery 46, Flour mill, saw Goldsmith, blacksmith, Paddy, fish, watermelon, dairy 1, poultry mill, oil mill. weaving, potteries, pulse, ground-nut, betel 38, hatchery 47. bamboo work, wood nut, mustard and pulses. work Source: Banglapidia

Page 24 42. Therefore, upon completion of the road, agriculture yield will be increased, the volume of the traffic size will be greatly increased, and movements of farm and off farm products with expanding livelihood opportunities for the local population as well as employment opportunities of labourers will be widened. The livelihood and socio economic condition of the poor and women will also be improved. The Sub-Project works in CCRIP try to capture the overall changes that would take place in the people’s livelihoods during and after the project implementation a significant quantitative and qualitative changes for agricultural produces/operations, Upazila infrastructure ensure quality livelihoods and socio-economic status of women, poor, landless labours after the implementation of the Climate Change Resilient Improvement Project (CCRIP) will effectively develop, economically profitable and sustainable livelihood models. The CCRIP’s components have touched open the livelihoods of the marginalized women by making them as equal labour force in rural economy.

3.4 Affected Household and Population 43. The census and socioeconomic survey identified 61 households (HHs) with a total population of 198 and the average family size of the affected household is about 3.24 persons which are similar to the national population census of the Bhola district.

3.5 Religion & Ethnic Composition of Households 44. In Bhorhanuddin Upazila, of the total population , Muslim is found 94% , Hindu 5% and the remaining 1% Buddhist and others minority. In the Borhanuddin Upazila, 94% population is found from the Muslim community and the reaming 6% are Hindu and Buddhist. On the contrary, all of the 61 Affected Households (AHs) living in the sub-project area are mainly from Muslim community where no households are found from others community apart from Muslim. This deviation is observed because of the small number of selected households (61) covered under socioeconomic survey. However, the survey shows that the social harmony is being maintained in a peaceful manner among the Muslim community without making any social conflicts. Everybody have full and equal access to institutions and economic opportunities, as with the rest of the population of the country. Finally, no indigenous people or ethnic minority people are observed to be affected by the subproject. Table 3.2: Religion & Ethnicity of AHs

Religion of APs No of Ahs Percentage of PAHs

Muslim 61 100

Hindu

Christian

Buddhist

Others/indigenous

Total 61 100

Source: Socioeconomic census & survey, July- October 2015

3.6 Income and Poverty Dimensions of the APs

Page 25 45. Based on the household survey, income groups for 61 affected households have been classified broadly into four income groups. However, among the total 61 affected households, only 5% household is found in the income group of less than BDT 6000 those who are living in a vulnerable condition. On the other hand, 57% of them belong to lowest income group whose average income is found from BDT 6000 to 10000 in each month and 33% households are found who earn average BDT 10000 to 15000 who are belonging to higher middle group of the society. On the contrary, only 5% households are found belonging to higher group under the survey whose average income is above the BDT 15000 in each month. Table 3.3: Monthly household income and economic status

Level of Income No. of AHs (survey) Percent H/H

< 6000 03 5 6000 – 10000 35 57 10001 - 15000 20 33 >15000 03 5 All 61 100 Source: Socioeconomic census & survey, July-October 2015.

3.7 Source of Drinking Water 46. The main sources of drinking water in the subproject area are found tube-well. However, every household does not have own tube-well who needs to collect drinking water from the adjacent households and also pitch drinking water from the tube-wells installed by the local government at the Union/village level. Besides, some of them use ponds/river water for cooking and bathing purposes. In general, households do not suffer for the scarcity of drinking and bathing water throughout the year. Details of drinking water sources of the AHs are given in Table 3.9. Table 3.4: Source of Drinking Water

Sources of No. of Ahs Percent Drinking water Pond Tube well 61 100 River/canal 0 Bottle water 0 Rainwater water) Others Total 61 100

Source: Socioeconomic Survey, July October 2015

3.8 Sanitation Facilities

Page 26 47. Types of toilet facilities of the sampled households are given in the following table. The survey shows that 100 % families use katcha/ slab latrine for the sanitation purpose. However, no family is found in using modern sanitary and open or hanging toilets.

Table 3.5: Type of Sanitation Facilities of the AHs

Type of Latrine use No. of AHs Percent by APs

Hanging 0

Sanitary

Katcha/Slab 61 100

Open 0

Total 61 100

Source: Socioeconomic Survey July-October 2015

3.9 Use of Fuel for Cooking 48. The household data shows that among the 61 sampled AHs, all of them use fire wood as the main source of fuel for cooking. The other sources of fuel are quite insignificant.

3.10 Gender Issues 49. Consultations with the APs and the survey findings indicate that the women play a vital role in household activities only. Women have the very insignificant scope of using themselves outside the homestead activities due to lack of obtaining income generating activities. Women are mainly engaged themselves in taking care children and elderly at home and doing all households activities mainly cooking and collecting fire-wood and drinking water. However, during the household survey, no evidences are found in getting physical torture or oppression on the women from their male counterpart. In case of involving women in the outside activities, poorer section of the women is willing to engage themselves in any development’s project activities if they get opportunities. The finding of village level consultations with different professionals, it is assumed that women are willing and able to be involved them in the development activities of the proposed sub-project project if they get opportunity. This opportunity for involving women in the development activities will bring a new arena of the empowerment for women of these villages in the perspective of the Gender Mainstreaming

Page 27 CHAPTER 4: LAND ACQUISITION AND RESETTLEMENT POLICY FRAMEWORK

4.1 Government of Bangladesh (GoB) Laws: 50. The current legislation governing land acquisition for public purposes; are the Acquisition and Requisition of Immovable Property Ordinance (1982) and its amendments in 1992 and 1994, and the East Bengal State Acquisition and Tenancy Act (1951) revised in 1994. The owners affected by the acquisition will be eligible to receive compensation for (i) land permanently acquired (including standing crops, trees, houses); and (ii) any other impact and damages caused by such acquisition. In accordance with the Ordinance, the legal process is initiated by an application by the requiring agency or department to the Deputy Commissioner (DC) of the concerned District with a detailed map of the proposed area. In determining the compensation, the DC considers the recorded price of land transacted during the past 12 months in the Project area, plus a 50 percent premium on the assessed value of the property for compulsory acquisition4 .The 1982 Ordinance, however, does not cover the Project Affected Persons (APs), such as informal settlers/squatters, persons without titles or ownership records. Further, the compensation paid does not constitute market or replacement cost of the property acquired. 51. The first step in acquiring land is an application to the Ministry of Land through the concerned ministry requesting requisition and transfer of the land and property in question. A detailed statement specifying whether the land mentioned in the application is needed for public or private purpose, the area of the land, a sketch-map, purpose for which it could be used, etc should be submitted as well. The Ministry of Land examines the application and sends it to the concerned DC for necessary action. The DC then authorizes the District Land Acquisition Officer (DLAO) through Additional Deputy Commissioner related to land (ADC- Revenue) and to prepare and execute a plan of action for requisition. The DC in turn issues a public notice regarding the requisition with a view to settling matters relating to payment of compensation to the owner or owners of the property or any other person or persons entitled to compensation, and any other related issues. When any property is required temporarily for a public purpose or in the public interest, the DC may requisition it by an order in writing. In case of such a requisition of property, compensation shall be paid to the owner or owners of the property determined in accordance with legal provisions, and the decision taken by the government is deemed to be final. Any person who contravenes or attempts to contravene an order, or who obstructs the enforcement of an order, is punishable with imprisonment for a term which may extend to three months, or with a fine which may extend to Taka three thousand, or with both.

4.2 ADB’s Safeguard Policy Statement (SPS) 2009 52. The objectives of ADB's Safeguard Policy Statement (SPS) 2009 with regard to IR are:(i) to avoid involuntary resettlement wherever possible; (ii) to minimize involuntary resettlement by exploring project and design alternatives; to enhance, or at least restore, the livelihoods of all displaced persons in real terms relating to pre-project levels; and (iii) to improve the standards of living of the displaced poor and other vulnerable groups. 53. ADB's SPS covers physical displacement (relocation, loss of residential land, or loss

Page 28 of shelter) and economic displacement (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. It covers them whether such losses and involuntary restrictions are full or partial, permanent or temporary. 54. For any ADB financed projects requiring involuntary resettlement, resettlement planning is an integral part of project design, to be dealt with from the earliest stages of the project cycle, taking into account the following basic principles: . Screen the project early on to identify past, present, and future involuntary resettlement impacts and risks. Determine the scope of resettlement planning through a survey and/or census of displaced persons, including a gender analysis, specifically related to resettlement impacts and risks. . Carry out meaningful consultations with affected persons, host communities, concerned nongovernment organizations and other relevant stakeholders. Inform all displaced & affected persons of their entitlements and resettlement options. Ensure their participation in planning, implementation, and monitoring and evaluation of resettlement programs. Pay particular attention to the needs of vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, and Indigenous Peoples, and those without legal title to land, and ensure their participation in consultations. Establish a grievance redress mechanism to receive and facilitate resolution of the affected persons’ concerns. Support the social and cultural institutions of displaced persons and their host population. . Improve, or at least restore, the livelihoods of all displaced persons through (i) land- based resettlement strategies when affected livelihoods are land based where possible or cash compensation at replacement value for land, (ii) prompt replacement of assets with access to assets of equal or higher value, (iii) prompt compensation at full replacement cost for assets that cannot be restored, and (iv) additional revenues and services through benefit sharing schemes where possible. . Provide physically and economically displaced persons with needed assistance, including the following: (i) if there is relocation, secured tenure to relocation land, better housing at resettlement sites with comparable access to employment and production opportunities, integration of resettled persons economically and socially into their host communities, and extension of project benefits to host communities; (ii) transitional support and development assistance, such as land development, credit facilities, training, or employment opportunities; and (iii) civic infrastructure and community services, as required. . Improve the standards of living of the displaced poor and other vulnerable groups, including women, to at least national minimum standards. . Develop procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlement to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihood status. . Ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of non-land assets. . Prepare a resettlement plan for each subproject with resettlement impacts elaborating on displaced persons’ entitlements, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time- bound implementation schedule.

Page 29 . Disclose a draft resettlement plan, including documentation of the consultation process in a timely manner, before project appraisal, in an accessible place and a form and language(s) understandable to affected persons and other stakeholders. Disclose the final resettlement plan and its updates to affected persons and other stakeholders. . Conceive and execute involuntary resettlement as part of a development project or program. Include the full costs of resettlement in the presentation of project’s costs and benefits. For a project with significant involuntary resettlement impacts, consider implementing the involuntary resettlement component of the project as a stand-alone operation. . Pay compensation and provide other resettlement entitlements before physical or economic displacement. Implement the resettlement plan under close supervision throughout project implementation. . Monitor and assess resettlement outcomes, their impacts on the standards of living of displaced persons, and whether the objectives of the resettlement plan have been achieved by taking into account the baseline conditions and the results of resettlement monitoring. Disclose monitoring reports.

4.3 Comparison of Resettlement Policies of ADB and GoB: 55. A comparison of GoB’s policy and ADB’s policy is given in following Table. The Government's policy 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 Acquisition and Requisition of Immovable Property Ordinance 1982 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-2009, nor will it finance the project if it does not comply with its host country's social and environmental laws. Government agrees that where any discrepancies between the ADB and Government policies exist, the ADB policy will prevail. Moreover, the ADB SPS applies to the entire project regardless of the source of financing. 56. The differences between GOB law and policy guideline of the ADB/co-financers have been identified and measures to be adopted to bridge them in terms of (i) assessment of loss and identification of affected persons (APs); (ii) assessment of compensation and valuation; and (iii) compensation entitlements are covered in the Resettlement policy matrix developed for the project that complies with ADB’s policy on Safeguard Policy Statement, 2009. The policy matrix covers compensation for lost assets and restoration and/or enhancement of livelihoods for all categories of affected people – direct, indirect, titleholders, tenants, and non- titleholders. 57. The subproject recognizes three types of displaced persons including (i) persons with formal legal rights to land lost in its entirety or in part; (ii) persons who lost the land they occupy in its entirety or in part who have no formal legal rights to such land, but who have claims to such lands that are recognized or recognizable under national laws; and (iii) persons who lost the land they occupy in its entirety or in part who have neither formal legal rights nor recognized or recognizable claims to such land. Various involuntary resettlement requirements apply to all three types of displaced persons.

Page 30

Table 4.1: Gap Analysis between GoB laws and ADB’s SPS 2009

Ordinance No. II as ADB’s Involuntary Gaps Between the Two To Address the Gap Implemented in Bangladesh Resettlement Policy Compensation Policies Requirements

Involuntary resettlement should The Ordinance has no direct or The LGED to follow be avoided wherever feasible. implied statement that ADB”s SPS to avoid involuntary resettlement should IR where feasible be avoided

Sections 3 and 18 exempt the Where population displacement is While it provides for some The LGED to follow acquisition of property used for unavoidable, impact should be exceptions, the Ordinance is ADB”s SPS to avoid religious worships, public or mitigated through provision of silent on minimizing the adverse IR where feasible educational institutions, viable livelihood options. impacts on private properties graveyards & cremation and common resources. grounds.

Section 8 prescribes the amount If individuals or a community must Section 8 of the Ordinance is Provision of additional of compensation to be lose all or part of their land, largely consistent with ADB’s fifty percent determined by the Deputy means of livelihood, or social compensation policy. But they compensation of the Commissioner (DC) based on: support systems so that a project differ on the valuation of land and property to APs to (i) market value of the property may proceed, they will be prices of affected assets, where minimize the gap considering average value compensated and assisted ADB prescribes for the current between replacement during the twelve months through replacement of land, market rates in the project area cost and preceding the publication of housing, infrastructure, and provision for the restoration compensation. notice of acquisition; (ii) damage resources, income sources, and of pre-project incomes of the Moreover, provision to standing crops and trees; (iii) services, in cash or in kind, so that APs. has been kept for damage for severing such their economic and social replacement cost of property from other properties of circumstances will be at least land in the the person occupying the land; restored to the project level. All compensation & (iv) adverse effects to other compensation is based on the policy matrix to be properties, immovable or principle of replacement cost. estimated by PVAT. movable and/or earning; and (v) cost of change of place of residence or place of business. In addition, the Deputy Commissioner will award a sum of fifty percent on such market value of the property to be acquired.

The requiring body submits land Each voluntary resettlement is The body requesting for land The LGED to follow acquisition proposal to the conceived and executed as part leaves the inventory of affected ADB”s SPS & Office of the DC for appropriate of a development project or assets to the DC without measures will be action: (i) if the total land is program. During project considering the adverse taken to minimize above 50 bighas, or 16.66 preparation, ADB and the LGED socioeconomic impacts of land lengthy procedures acres, the approval will come assess the opportunities for the acquisition to APs. The from the National Government; affected people to share project Ordinance also suggests a long (ii) if requirement is above 2 benefits. The affected people and complicated process of land acres and below 16.66 acres, need to be provided with sufficient acquisition, as there are different approval comes from the resources and opportunities to re- government offices involved in it. Divisional Land Allocation establish their livelihoods and Committee; and (iii) if the land is homes as soon as possible, with 2.0 acres or less, the approval the time-bound action in will be made at the District Land coordination with the civil works. Allocation Committee.

4.4 Principles, Legal and Policy Commitments: 58. The RP is based upon the following specific principles arising from the government provisions and ADB’s Safeguard Policy: i. The land acquisition and resettlement impacts on persons displaced by the projects would be avoided or minimized as much as possible through examination of alternate

Page 31 detailed design options; ii. Where the negative impacts are unavoidable, the persons displaced by the project and vulnerable groups will be identified and assisted in improving or regaining their standard of living. iii. Information related to the preparation and implementation of RP will be disclosed to all stakeholders and people’s participation will be ensured in planning and implementation. The Resettlement Plan will be disclosed to the DPs in local language; iv. The displaced persons who do not own land or other properties, but have economic interests or lose their livelihoods will be assisted as per the broad principles described in this document. v. Before commencement of civil works, compensation and Resettlement & Rehabilitation (R&R) assistance (including transfer of titles and payment of all fees and taxes) will be paid in accordance with the provisions described in this document; vi. An entitlement matrix for different categories of people likely to be affected by the project has been prepared. People moving into the project area after the cut-off date will not be entitled to any assistance. For non-titleholders such as informal settlers / squatters and encroachers the date of commencement of census survey or a similar designated date declared by the project Executing Agency will be considered as the cut-off date. vii. An appropriate grievance redress mechanism will be established to ensure speedy resolution of disputes. viii. All activities related to resettlement planning, implementation, and monitoring will ensure the involvement of women and other vulnerable groups. In particular titles and payments will be made in the names of both the man and woman of the households. ix. Consultations with the DPs will continue during the implementation of resettlement and rehabilitation works. x. There should be a clause in the contract agreement that the construction contractor will compensate any loss or damage in connection with collection and transportation of borrow-materials.

4.5 Eligibility Policy and Entitlement Matrix- Eligibility Criteria: 59. All APs & DPs who will be identified in the subproject-impacted areas as at the cut-off date5 will be entitled to compensation for their affected assets, and rehabilitation measures sufficient to assist them to improve or at least maintain their pre-project living standards, income-earning capacity and production levels. The absence of legal title will not bar APs from compensation and assistance, as specified in the entitlement matrix.

4.6 Compensation and Entitlement Policy: 60. An Entitlement Matrix has been prepared on the basis of the census and socioeconomic survey conducted for the households, shops and other properties and identifies possible categories of impact& provision of entitlements for each type of loss. The matrix describes the units of entitlements for compensating the loss of structure, business and various resettlement impacts likely to occur due to the sub project development. An

Page 32 implementing 61. Non Government Organization (NGO) will be engaged to assist the LGED in preparation of necessary papers (ID cards, EP/EC, indent, debit voucher, etc.) for making payment of resettlement benefits to the EPs. The entitlement policy matrix is presented in Table- 4.2 below. Table 4.2 Land Acquisition and Resettlement Entitlement Matrix:

Type of loss Entitled Person Entitlement Implementation Organizational Issues/Guidelines Responsibility

Agricultural & Legal owner(s) 1. Replacement cost a. Assessment of type a.DC.LGED,NG homestead land, of land at the of land/water bodies and quantity of O including water time of serving land/water bodies by 2. Change of title and b.NGO, bodies Notice u/s-3 of Joint Verification payment of DC,LGED Land Team (JVT) fees/taxes Acquisition c. LAO Revenue b. Determination of Office replacement cost of land and water bodies by PVAT though market survey

Developed Legal owner(s) 1. Replacement cost a. assessment of land a.DC.LGED, Commercial Land of land at the of land by JVT NGO b. NGO, ( private land on time of serving DC,LGED 2. Change of title and b. Determination of which commercial Notice u/s-3 of payment of replacement cost of c. LAO Revenue structure has Land fees/taxes such lands PVAT Office,LGED,GR been constructed) Acquisition though market survey C

c. Title upgrading d.AP

Trees and Legal owner(s) 1. Replacement Cost a, Assessment of a.DC.LGED, Standing crops on of land at the of trees and type, size and quantity NGO private land time of serving perennial crops on of trees/perennial b. NGO, acquired Notice u/s-3 of land acquired standing crops by DC,LGED Land JVT. 2 Perennial standing Acquisition crops will be taken b. replacement cost of away by the APs for trees and perennial free without standing crops disturbing the project determined by DOF work. and DAE

Page 33 Type of loss Entitled Person Entitlement Implementation Organizational Issues/Guidelines Responsibility

Trees and a. Owners of 1. Share/replacement a. Ownership of trees a, DC.LGED, standing crops on trees/standing cost of trees and determined by JVT NGO public land within crops on the perennial standing b. Assessment of b. DC,LGED, road alignment ROW crops within the road type, size and quantity NGO alignment b. Users) of of trees/Perennial c. NGO, trees crops 2. Perennial standing standing crops by JVT DC,LGED, particularly the crops be taken away c. replacement cost of poor & by the APs for free trees and perennial vulnerable on without disturbing the standing crops the ROW project work determined by DOF 3. Trees within the and DAE through project/subproject market survey alignments/areas Implementation Issues/Guideline d. Involve in tree plantation programs of the government and will continue to use remaining trees for their livelihood

Structure Owners (s) of 1. Price of structure a. Ownership of a. DC,LGED, (dwelling, the structure at replacement structure determined NGO commercial or (with or without market value by the JVT b. DC,LGED, community land title) 2. Salvage structure b. Type and quality NGO structure) on materials be taken determined by the c.DC,PWD,LGE private land away by the APs for JVT. D, NGO acquired free without c. replacement cost of distributing the structure determined project work. by LGED through 3 Shifting and market survey.

reconstruction grants @ 10% of assessed value of structure

Structure Owners (s) of 1 Value of the a. Ownership of a DC,LGED, (dwelling, the structure structure at structure determined NGO commercial or replacement market by the JVT b. DC, LGED, community) on value b. Type and quality NGO c. NGO, public land within 2. Salvage of determined by the DC,LGED, road alignment structure materials JVT PWD will be taken away by c. replacement cost of the APs free of cost structure determined without disturbing the by LGED through project work. market survey. 3. Shifting and

reconstruction grant @ 10% of assessed value of structure

Page 34 Type of loss Entitled Person Entitlement Implementation Organizational Issues/Guidelines Responsibility

.Business/rental 1 Proprietor of 1.Two months net a Proprietor/owner of a.DC, LGED. income the business income of business rented commercial NGO b. NGO, determined due to to the business structure identified by DC, LGED 2 Owner of the acquisition of proprietor the J VT commercial commercial structure ( if 2.One months’ rental b. Business/ rental structure rented) income to the owner income assessed by market survey by PVAT.

Wage Regular 1. One month wages a. identification of a.DC,LGED, employment employees of regular employees by NGO diminished due to the business the JVT. b. NGO, acquisition of b. Prevailing skilled DC,LGED, commercial and unskilled wage structure rates determine by PVAT

Vulnerable, Head of the Additional An extra amount of Tk LGED, NGO, handicapped or vulnerable subsistence 15,000 as additional GRC losing more than households allowance subsistence 10% of their allowance equals to income due to average income of acquisition three months

Poor households Head of the Priority in income a. An extra amount of LGED, NGO to be displaced or poor generation program Tk 10,000 as losing more than households or any other poverty additional substance 10% of their affected due to reduction support allowance equals to income due to the acquisition from the project average income of acquisition two months b. Training and credit for Income Generation Program (IGA) through NGO c. Priority in the project civil works. if available

Page 35 CHAPTER 5: STAKEHOLDERS CONSULTATION PARTICIPATION AND INFORMATION DISCLOSURE

5.1 Project Stakeholders 61. Formal and informal stakeholder’s consultation process was designed and conducted in view of disclosing the relevant information on the proposed sub-projects and its probable impacts on the households living in and around the sub-project area. The objective of this stakeholder’s consultation process is also to identify the affected households for giving them opportunity to participate in the process for sharing their opinions on the positive and negative impact of the sub-project on the households concerned. The primary stakeholders of the project are agriculture farmers, local business community and as well as the likely affected households. The stakeholders consultation also covered by shopkeepers/businessmen, rickshaw-pullers, day labourer, teachers, village Mattabar (respected person in the villages), UP councillors of local government institutions (LGI) etc. Other stakeholders include LGED officials, under the Ministry of LGRD &C, Local Government Division as the LGED, Department of Forest, Bangladesh Water Development Board (BWDB), officials concerned of district administration and other government agencies. The local government representatives will also be benefited by gaining peoples support as a result of local development. The local NGOs working in the area may also participate in poverty reduction and livelihood development activities. An Implementing NGO has already been engaged to assist LGED for smooth implementation of the RP.

5.2 Consultation and Participation during the project preparation: 62. During the socio-economic impact study, 08 consultation meetings were conducted with various stakeholders through formal and informal meetings and personal contact in the vicinity of the proposed subproject. CCDB, implementing NGO organized meetings with the affected landowners, Chairmen and Members of Union Parishad /Local Govt. and local elites. They also conducted consultation with the individual PAP at the household level during the socio-economic survey. 63. The consultative process aimed at obtaining from the stakeholders their (i) perceptions of improvement of the road, market and other infrastructure development and its impact; (ii) views on additional requirement of land for the improvement works; (iii) laws of land acquisition and ADB’s policy on Safeguard Statement; (iv) socio-economic needs; and (v) potential beneficiary participation in project implementation. (vi) role of the different agencies/ officials concerned in the implementation process of the sub-project (vii) Addressing on the consequences of land acquisition and resettlement processes in line with the existing land acquisition rules and process dealing with DC office. Women and other vulnerable groups were also consulted concerning the project impact and their livelihood aspects. The feedback received and observations made at the stakeholders’ meetings have been used in preparing the RP. The following picture shows that NGO field staff exchanging views on the impact of the sub-project with the community at the village level.

Page 36

64. In addition to field level consultation meetings, separate workshops relating to the project were held in the region (at Barisal and Khulna) and at the LGED Head Office in Dhaka to further elicit views from local and regional officials, LGI representatives, leaders of business community, and civil society representatives. There is strong support and positive public responses towards the proposed climate resilient subprojects development which will provide potential benefits such as improved communication/road connectivity, shelter during natural calamity, increased production and diversity in agriculture, enhanced local trading opportunities, and improved access to education and health facilities. Together these project benefits will contribute significantly to poverty alleviation. Please see the documentation of consultation with the stakeholders in annexure-1 & 2

5.3 Steps to Ensure Stakeholders Consultation: 65. The LGED will constitute RP implementation committees like JVT, PVAT and GRC for the various RP implementation activities while ensuring stakeholder participation. AP representatives will be involved in the Grievance Redress Committees (GRCs) to review and resolve disputes concerning compensation and other resettlement benefits. 66. The NGO will distribute brochures, leaflets, etc. explaining the impact of the Project, compensation policies for APs including resettlement options/strategies, and the tentative implementation schedule of the Project. Further steps will be taken (i) to keep the APs informed about land acquisition plan, compensation policy and payments, and (ii) to ensure that APs will be involved in making decisions concerning relocation and implementation of the RP. 67. Resettlement Advisory Committees (RACs) will be formed during the implementation stage, to seek involvement and cooperation from various stakeholders in the decision-making and implementation of RP. This RAC will be formed consisting of representatives from APs, women/vulnerable groups and local Union Parishad representatives and a representative from the Implementing NGO. The local UP Chairman/Member will chair the RAC and a

Page 37 representative of the Implementing NGO will act as the member secretary. 68. Representatives of the APs will be involved in the GRC to review and resolve disputes concerning compensation and other Resettlement Benefits. Finally, there will be continuous on-site consultation to ensure that the APs receive their due entitlements/benefits in time.

5.4 Disclosure and Public Consultation (DPC): 69. The goals and objectives of the project have been disclosed to and discussed with the affected people and other stakeholders during conducting of census and socioeconomic surveys, and also through other types of consultation e.g. key informant’s discussions, focus group discussions, personal contact and public consultation meetings... Consultation will continue during the implementation of the subproject. The RP will be made available to the affected people, NGOs/community groups, and district and Upazila Offices. A summary of the RP/Resettlement Information Brochure will be posted on the ADB website.

Page 38 CHAPTER 6: RELOCATION AND INCOME RESTORATION

6.1 Scope of Displacement and Relocation 70. According to the census & Socio-economic Survey (SES) data, implementation of the subproject will require displacement of 40 commercial shops. Among the affected shops/businesses owners most of them are operating small business with semi-pacca and temporary sheds made of Corrugated Iron (CI) sheet and wood/bamboo

6.2 Relocation of Housing and Establishment 71. In all, 61 families are going to be affected by the implementation of the Sub-project. Among the 61 Affected Households, 03 Households (HHs) will lose residential homes, 04 HHs will lose ponds, 21 HHs will lose lands with trees/tree garden and 36 HHs will lose agricultural land. Relocation and compensation will be required for those families who will be affected by losing the residential homestead, ponds and garden. Compensation and other resettlement benefits will be paid by following the ADB’s social Safeguard Policy Statement 2009 and the Land Acquisition and Requisition and Immovable Acts 1982 of the Govt. of Bangladesh. For all affected residential homesteads, it is possible to shift them onto the remaining portion of their unaffected land. Most of the APs will lose a small portion of their land due to the proposed road improvement works. Self-relocation within the same land plot will serve the objective of minimizing social disruption in the resettlement process and allow people to remain together within kin groups for mutual support. Female Headed Households and other particularly vulnerable groups will be given special assistance in this connection as per the entitlement matrix. All people who will lose land, either through donation, negotiated settlement or eminent domain, will have their titles altered and all fees and taxes paid by the LGED

6.3 APs Preference for Relocation 72. Among the 61 affected households, 03 families have been identified who would be affected by losing residential homes. During the census survey, the relocation choices of the affected persons were highlighted. All efforts will be made through various provisions in this RP to mitigate negative social impacts on project-affected persons and communities by supporting relocation of affected owners of the homesteads by restoration of pre-project level of income in addition to the compensation of the acquired lands. Preferences will be given to AHs for getting cash compensation for their lands, and relocation of structures within their remaining viable plots. The affected households, who will lose residential homes, will be given preference to relocate them in the adjacent area by considering their own choice. However, apart from 03 residences, other structures like commercial shops are not found to be affected by the sub-project activities.

6.4 Income and Livelihood Restoration (ILR) Strategy 73. Mitigation of loss of assets and livelihood is the main focus of the Resettlement Plan. Additional measures will be taken to provide appropriate support to the livelihood restoration aspects of AHs. It is noted that affected landowners will not be required to be relocated except their trading shops which will have to be replaced due to constructing the approach road of the project. These affected households will be required to relocate who will lose income from operation of business during the re-establishment period. Adequate

Page 39 compensation/resettlement benefits will be awarded to these AHs before relocation. In addition, vulnerable AHs will receive other support and also get preference for employment in civil construction works. 74. In compliance with the RP, LGED will identify resources, in addition to compensation, for income restoration assistance. This will be through linking resettlement activities with the Gender & Livelihood component of the project. The RP includes the following categories of AHs for income restoration and livelihood support: . Vulnerable business men to be relocated from the subproject right of way. Eligible members of such family will get training on income generating activities (IGA) such as small business, poultry rearing, cow fattening, etc. The RP implementing agency will conduct a needs assessment survey among the vulnerable households and select needs based training programs for the particular groups under the project policy. For this, the resettlement budget has kept provision for training on IGA for the female headed and vulnerable household members. It is assumed that one person from each household will be brought under this training program. . Vulnerable households having no adult male members to take household’s responsibility (women headed households) will bring in to propriety list of the livelihood programs. The woman heading the household will preferably be the eligible member. . Vulnerable households losing more than 10% of their income source due to the subproject development.

6.5 Approaches for Income and Livelihood Restoration (ILR) Activities: 75. A detailed plan and scooping for the income generation program will be designed by the implementing NGO and the ADB in conjunction with the LGED. The needs for skill development, capital support and marketing facilities will also be part of the ILR plan. The ILR activities will be implemented with short and long terms goals. 76. The short-term objectives of the ILR activities are to restore income of the APs during periods immediately before and after project implementation. The measures as per the RP include:  Replacement of acquired property with market price at replacement cost;  Employment in civil construction works;  Employment on a priority basis in construction, transportation and maintenance of civic amenities; and  Employment in the resettlement program to be implemented by the NGO/Agency 77. In addition to usual income restoration assistance support mentioned above, the implementing NGO will undertake ILR activities for restoration of income of APs in the long run, as follows:  Identification of Target Groups;  Identification of IR activities;  Training Need Assessment (TNA);  Identification of trainers/ training agencies; Page 40  Arrangement of training; and  Participatory monitoring of APs engaged in new vocations. 78. For additional support to the income restoration assistance mentioned above, the RP Implementing NGO will specifically undertake assessment of the needs and skill base of vulnerable APs aged between 15 to 60 years. The NGO will conduct a needs based survey and prepare a list of eligible members of affected vulnerable households with the irrelevant profile and send the list to the gender & livelihood specialist of the MSC to arrange training programs for them. The short-term livelihood regeneration assistance under the RP and long- term income generation program under the livelihood restoration program will be organized as shown in Table 6.2 below:

Table 6.1 Livelihood Restoration Options:

Eligible APs Income Restoration Options

1. Eligible members of poor 1.1 Short-term: Compensation for structure, shifting allowance, reconstruction assistance, and priority in households earning maximum employment in construction.

BDT 60000 per year to be relocated from the project 1.2 Long-term: Needs and capacity identification, right of way human development and skill training on IGA

2. Eligible members from poor female headed 2.1 Short-term: In addition to support as 1.1, additional households having no adult male members to subsistence allowance. shoulder household responsibility 2.2 Long-term: As 1.2 above.

3. Eligible members of poor households losing more 6.1 Short-term: Compensation for lost assets, payment than 10% of their income sources. of other resettlement benefits and employment in construction.

6.2 Long-term: As 1.2 above.

The Implementing NGO for implementation of the ILR program will follow a set modality and terms of reference and an estimated budget has been kept in the RP.

6.6 Employments in Construction: 79. The households whose livelihoods are adversely impacted by the project will get preference in jobs associated with the subproject construction works. Affected people will be able to form a labour contracting society (LCS) with the help of the NGO and may be deployed by the Contractor in any suitable works. Affected persons will get preferential employment in subproject works based on their eligibility. The jobs, in the semi-skilled and unskilled category, shall be offered to the APs in preference to others. A clause is to be incorporated in the contract documents requiring contractors to give employment, if available, to project affected people having ID cards, in preference to other persons.

6.7 Common Property Resources: 80. According to the census and SES, there will be no common property resources i.e.

Page 41 mosque, school etc. affected within the subproject ROW.

6.8 Social Issues and Development Needs: 81. The affected households in the perspective of losing land and small trading due to the land acquisition for implementing the project will become vulnerable in physical, social/gender and economic dimensions until they are given proper compensation and livelihoods options and restoration. Physical dimension includes problems with existing business shops while economic dimensions involve adjustments to losses, employment/income, and livelihood sources. Necessary care will be given to the above categories of APs in case of losing land and business structures. In addition to short-term income restoration assistances, sustainable income and livelihood restoration (ILR) programs will be undertaken by the Implementing NGO involving the vulnerable project affected people and women. The implementing NGO will also arrange for the APs to be involved in different income generating and ongoing skill development programs of the Government Departments and NGOs in the subproject area.

Page 42 CHAPTER 7: INSTITUTIONAL AND IMPLEMENTATION ARRANGEMENTS 82. The Local Government Engineering Department (LGED) under the Ministry of Local Government Rural Development & Cooperatives (LGRD & C), Rural Development Division will be Executing Agency (EA) responsible for implementing the RPs. LGED shall establish a Project Management Unit (PMU) for the Project, headed by a Project Director (PD) that will be responsible for the overall execution of the Project. The Rural Development Division also will set up a Sub-projects Management Office (SMOs) headed by the Executive Engineer of the concerned district under the PMU. The SMOs will prepare land acquisition (LA) plan for the land require to be acquired with the assistance from consultants for each subproject found with land acquisition & resettlement impacts and shall submit to concern DC. The SMO will also take the leading role in negotiation process with the land owners through involvement of third party professional valuator and with the voluntary donors. An experienced implementing NGO has been be hired by LGED to assist LGED in implementation of resettlement program. To expedite the process, CCDB (the RP implementing NGO) will assist the DC office and LGED in the process of land acquisition. 83. A Management Support Consultant (MSC) will be engaged by LGED to assist to carry out a range of activities including implementing and monitoring the safeguard’s aspects of the project. The Resettlement Specialist (RS) of the MSC will be responsible for arranging or carrying out the activities of preparation/updating/finalizing the RPs for the subprojects with IR impacts based on information from the detailed engineering design documentation prepared by the Design & Supervision Consultant (DSC). The RS will also oversee and monitor RP Implementation in close liaison with the PMU, SMOs and NGO. 84. The SMOs, under the overall responsibility of the Project Director, will undertake day- to-day activities with the appointed Implementing Agency. The concerned Executive Engineer of the SMO will be the convener of the Joint Verification Team (JVT) and Property Valuation Advisory Team (PVAT). The Upazila Engineer under the SMO will perform as convener of the GRC. The SMOs will coordinate and manage resettlement and rehabilitation of the APs, disburse resettlement benefits, and ensure AP’s access to development programs. The SMOs, with assistance from RS of MSC &NGO will carry out the following specific tasks relating to RP implementation;  Liaise with district administration to support RP implementation activities i.e. appointment of JVT and PVAT members, etc;  Discharge overall responsibility of planning, management, monitoring and implementation of the resettlement and rehabilitation program;  Ensure availability of budget for all activities;  Synchronize resettlement activities and handover the encumbrance free land to the contractor within the construction schedule;  Develop RP implementation tools and form necessary committees;  Monitor the effectiveness of entitlement packages and the payment modality. 85. The appointed RP Implementing NGO will carry out an information campaign and involve affected persons including women in the implementation process. The NGO will collect, computerize and process data for identification of eligible persons correctly for resettlement benefits and assess their entitlements as per RP policy. However, the SMOs will make payments after necessary scrutiny. The Executive Engineer (XEN) of the SMOs in charge of Page 43 the resettlement management will report to the Project Director. He will work in close coordination with the respective field-based offices and NGO on the day-to-day activities of the resettlement implementation. 86. The SMO, LA Office and the NGO will execute joint verification of the property on the ROW by JVT, valuation of the affected property by PVAT and monitor the progress of the RP implementation work. The SMOs will ensure coordination between the relevant departments, NGO, GRC, RAC, PVAT and the Project affected people. Apart from the GRC, Joint Verification Team (JVT) for quantification of affected properties, a Property Valuation Advisory Team (PVAT) will be formed by the Ministry of LGRD&C for valuation of affected property, and GRC for resolution or redresses of disputes. The composition and formation of committees and mechanisms for quantification and valuation of properties and grievance resolution will be constituted through government gazette. People's participation will be ensured through recruiting their representatives onto these committees. A proposed RP implementation organogram is given below in Figure

Organogram 7.1: RP Implementation Organogram

Project Director

ADC Executive Executive Engineer, Engineer, PMU, (Revenue), SMO, LGED for Resettlement Concerned District

Team Leader, RP Resettlement UZ Engr, SMO, LGED Implementing NGO Specialist (DSMC) Land Acquisition Officer (Concerned DC Office

SAE, SMO, LGED MIS Specialist Area Manager, RP Implementing NGO

RAC GRC JVT PVAT

Affected Communities/ Project Affected Persons/Women’s Group/Entitled Person

Page 44 Table 7.1: Institutional Responsibilities in the Resettlement Process

Related Activities and Responsibilities Responsibility

A. Preparation for RP Implementation

Preparation/Finalization of RP LGED/MSC/NGO

Recruitment of RP Implementing NGO/Agency PMU

Design and reproduction of RP Information Brochures SMO/NGO

Disclosure and public consultations SMO/NGO

Selection of members for resettlement advisory bodies SMO/EA

Design and carry out joint verification survey DC/SMO/NGO

Market survey on prices of affected NGO/PVAT structures

Establishment of unit prices PVAT/PMU

Processing the Joint verification survey data NGO of DPs

Assessing AHs and vulnerable APs to be NGO /SMO relocated

Determination of entitlements and NGO /SMO consultations with individual DPs

Disclosure of RP to LGED, APs and PMU/SMO/NGO stakeholders

Review and concurrence of RP ABD

Approval of RP LGED

B. RP Implementation

Mobilization of GRC PMU/SMO/EA

Establishment of internal monitoring and LGED appoint EM

Budget approval for compensation and PMU resettlement benefits

Release of funds for payment of LGED/PMU compensation/resettlement

Page 45 Related Activities and Responsibilities Responsibility Benefits

Payment of compensation/resettlement SMO/NGO benefits

Filing and resolution of complaints of DPs, SMO/GRC/NGO

Confirmation of “No Objection” for the award of civil works ADB Contract

Relocation and livelihood restoration NGO /SMO assistance

C. Monitoring and Evaluation

Internal monitoring and evaluation PMU/SMO/MSC

87. Upon approval of the project from ADB and Government and finalization of the detailed design and the RP, the LGED PMU will engage suitably experienced and capable RP implementing NGO as sub-consultant. The NGO will prepare ID cards, EP file & EC and other documents for assisting LGED in making payment and the LGED will disburse account payee cheques to the entitled persons. The RP implementing NGO will assist the EPs and LGED in all aspects. During determination of the unit rate of the affected structure, the PVAT will collect information from a range of sources with a structured questionnaire by interviewing different categories of people such as Imam, Teacher, Community Leader, trader, broker, elected representatives of the local government etc.

7.3 Other Agencies Involved in the Process

7.3.1 Deputy Commissioners 88. The Ministry of LGRD will constitute three committees i.e. Joint Verification Team (JVT), Property Valuation Advisory Team (PVAT) and Grievance Redress Committee (GRC). Among these committees, the JVT and PVAT will be constituted with representatives from LGED, RP implementing NGO and Deputy Commissioner (DC). The DC office will appoint representatives as member(s) of the committees for quantifying losses and determining valuation of the affected properties. LGED and the NGO shall liaise with concerned DC offices to complete the tasks following the notification of the Ministry.

7.3.2 Implementing NGO 89. LGED will engage an NGO through the Management Support Consultant (MSC) for implementation of the RP at the field level. The LGED through the MSC will contract out clearly defined tasks of the NGO in detailed Terms of Reference such as consultation /public information campaign for rapport building, issuance of ID cards, payment of eligible benefits to affected households/ individuals, institutional development, skill training/management training, community awareness and empowerment, etc. The NGO will initially create ID

Page 46 numbers for each entitled person (EP) as identified during the Joint Verification survey by the JVT and prepare an ID card for each EP with photograph. Photographs of the EPs will be attested by the concerned UP Chairman and pasted on the ID card. The ID card will comprise information on name, father’s/husband’s name, mother’s name, age, education, identifiable marks, detailed address, details of quantity of losses etc. The ID card will be issued by LGED with the joint signature of the LGED and NGO representatives and will distribute among the EPs by the NGO. 90. The NGO will assist the EPs in preparing documents and opening Bank accounts in their names to receive a cheque from LGED. They will form focus groups with the affected people based on homogeneity and/or nearness and hold meetings on a regular basis to let them know their rights and entitlements as prescribed in the RP. The Executing Agency will form a Union based Resettlement Advisory Committee (RAC) to involve the local communities and DPs in the implementation process. 91. The NGO will establish an MIS section in their central office for record keeping of the DPs, recording individual ID numbers of the entitled persons, preparing entitled person’s (EP) files based on quantity of losses and entitlement cards (EC) based on loss type and budget. The NGO will submit monthly progress reports to the MSC describing progress of activities carried out by the NGO for the last one month and planned activities to be carried out during the next month. 92. Upon fulfilment of criteria i.e. necessary documents to make payment/benefits to the EPs, the NGO will prepare payment debit vouchers & other documents for payment and LGED will disburse account payee cheques to the EPs in a public place or Union Parishad (UP) office in presence of the UP Chairman, after issuing prior notice to the concerned EPs.

7.3.3 Ministry of Local Government & Cooperatives (LGRD & C) 93. The Ministry of LGRD &C through a gazette notification will form various committees/teams for implementation of the RP at the field level. The NGO will work as member secretary for all the committees/teams involving representatives from DC, LGED, LGI and APs. These committees/teams will ensure stakeholders' participation and uphold the interests of the vulnerable DPs. The powers and jurisdictions of the committees will be clearly defined in the gazette notification.

7.3.4 Joint Verification Team 94. The Ministry of LGRD will form a Joint Verification Team (JVT), for the project through a gazette notification to compare and review the physical verification data collected by the CCDB with the DCs' assessment of loss of physical assets and their owners. The scope and responsibility of the JVT will be clearly defined in the gazette. The NGO will process the entitlements of the project-affected persons using the JVT data as one of the determinants. The JVT will be a three-member body and be comprised as follows: • Executive Engineer of, SMO, LGED – Convener • Representative of Deputy Commissioner – Member • Area Manager, RP Implementing Agency – Member Secretary.

Page 47 7.3.5 Property Valuation Advisory Team (PVAT) 95. A Property Valuation Advisory Team (PVAT) will be formed by the Ministry of LGRD through a gazette notification for the project. The PVAT will review the assessment of the NGO on the market price of the property affected by the project at their replacement cost. The scope and responsibility of the PVAT will clearly be defined in the gazette. The NGO will process the entitlements of the project-affected persons using the PVAT data as one of the determinants. The PVAT will be comprised as follows: - Executive Engineer of SMO, LGED – Convener - Representative of Deputy Commissioner - Area Manager, RP NGO – Member Secretary.

96. The valuation of property will be followed by discussions with affected households as the beginning of a negotiated settlement. There is a Government and community preference for negotiated settlement, particularly through voluntary donation of small parcels of land, to speed up infrastructure funding and development. All negotiations, particularly those resulting in voluntary land donations, will be overseen by an independent third party, external to LGED. Both negotiating parties (LGED and APs) will have access to all information including the LARF, Entitlement Matrix, brochures, valuations and planning documents. APs will not be allowed to donate land if it results in their physical displacement or losing more than 5% of their productive assets. Negotiated settlement can take place with such APs as long as it is overseen by the third party and that the valuations are known. Although it is preferable for APs and the LGED to negotiate an applicable settlement, they are able to refuse, in which case land expropriation will result under the eminent domain powers of the Government.

Organogram 7.2: Procedure of Determining Valuation of Property

Identification of Alignment and Affected Property by LGED PVAT members PVAT to Collect Information& initially • LGED Representative negotiate voluntary Land donation & negotiated settlement with interested • NGO Representative APs

Key Informants Conduct Property Valuation Forest Department, DAE • Teachers Survey for land, trees, and PWD for structures, etc. . • Businessmen Secondary data • Religious Leaders • Community PD for approval of Prepare Mouja wise existing Leaders Unit Rate Replacement cost/Unit Rate

NGO for Preparing Budget Page 48 7.3.7 Resettlement Advisory Committees (RACs) 97. The NGO will assist the LGED to form Union based RACs at project level to involve the local communities and DPs in the implementation process. The RACs will be comprised of a LGED representative (Upazila Engineer or equivalent) as the chair, the NGO as member secretary, two local key informants (Male-1 and Female-1 to be selected by LGED) and representatives of various stakeholders and APs including at least one female AP in the respective area as selected by LGED in consultation with the LGI representative. The committees will seek local inputs from the affected people and communities in the implementation process and assist the LGED in all matters related to resettlement. The RACs will ensure local participation in the implementation of the Resettlement Plan.

7.3.8 Women Groups in Resettlement Process 98. The RP implementation will ensure a gender sensitive approach in planning, management and operations of resettlement. Separate groups of women affected persons will be formed and operated by the implementing agency. Feedback from the female APs and female headed AHs will be obtained through these female focused groups for planning relocation and resettlement. The female staff engaged by NGO will identify needs of female APs for income restoration approaches and implementation of the income restoration component of the RP. Women were consulted during detailed study of the subproject and will be further consulted during the process of RP implementation.

7.3.9 Institutional Capacity Strengthening 99. To ensure effective execution of all IR related tasks, capacity development at both the PMU and SMO level is needed. The designated Training Specialist and Resettlement Specialist within the MSC will provide such trainings to PMU & SMO officers for capacity enhancement related to the IR planning and implementation and to ensure familiarity with ADB’s SPS-2009. All concerned staff will undergo orientation and training on ADB’s Safeguards Policy Statement and management at the beginning of the project, and will also receive on- job- training during implementation of the project. Training will cover major issues such as (i) Principles and procedures of land acquisition; (ii) Public consultation and participation; (iii) Entitlements and compensation & assistance disbursement mechanisms including livelihood restoration and relocation; (iv) Grievance redress; (v) Implementation of Resettlement Plan and (vi) Monitoring of resettlement operations and its reporting. The RP shall keep provision for capacity building training.

Page 49 CHAPTER 8: GRIEVANCE REDRESS MECHANISM

100. The LGED will establish a mechanism to receive and facilitate resolution of affected peoples’ concerns, complaints, and grievances about the safeguard performance of the project at each subproject level with IR impacts, with assistance from Implementing NGO (CCDB). The grievance mechanism will be scaled to the risks and adverse impacts of the project. It will address displaced persons concerns and complaints promptly, using an understandable and transparent process that is gender responsive, culturally appropriate, and readily accessible to all segments of the affected people, at no cost. The mechanism developed shall not impede access to the existing judicial or administrative remedies. 101. Under the GRM, a Grievance Redress Committee (GRC) will be formed with involvement of local stakeholders. The APs will be appropriately informed about the mechanism by the NGO. This GRC will help the APs to save time and money instead of proceeding for legal process which may be a lengthy procedure. To ensure that the GRM will be able to redress grievances within a short time at nominal cost, the Grievance Redress Committee members will comprise field level SMO officers, AP’s and public representatives. The GRC costs will mainly relate to communication, stationeries, etc. which would be covered by the RP’s contingency budget or a specifically allocated lump sum. The EA shall ensure that the GRC is working impartially through monitoring GRC activities on a regular basis. 102. Grievance Redress Committees (GRC) will be established for the subproject or group of subprojects with IR impacts, to ensure stakeholders’ participation in the implementation process. Through public consultations, the APs will be informed that they have a right to grievance redress from the LGED. The APs can also call upon the support of the NGO engaged to implement the RP to assist them in presenting their grievances or queries to the GRC. Other than disputes relating to ownership right and award of compensation by the Deputy Commissioner under the court of law, GRCs will review grievances involving all resettlement assistances, relocation and other supports. Grievances are to be redressed within 21 days from the date of lodging the complaints. The GRC are to be formed and activated during the RP implementation process to allow APs sufficient time to lodge complaints and safeguard their recognized interests. Any AP wishing to lodge a complaint will be supported by the project. Assistance will be given to document and record the complaint, and if necessary, provide advocate services to address the GRC. Any complaints of ownership or other suits are to be resolved by the judicial system, not by GRC. All APs can access the legal process at any time, without having to proceed through the Project GRM.

8.1 Grievance Redress Committees 103. GRC will be formed for of the subproject to deal with grievances involving resettlement benefits, relocation, and other assistance. A gazette notification on the formation and scope of the GRCs will be required from the Ministry of LGRD. The GRC for a subproject will be comprised as follows: - Upazila Engineer, SMO, LGED – Convener; - Team Leader, RP Implementing NGO- Member Secretary; - Concerned U P Chairman or his designated U P member – Member; - Woman UP member of the concerned UP – Member;- - One representative of APs – Member

Page 50

Table 8.1 Procedures for resolving grievances are described in Table 5 below.

An AP has a grievance about any part of the LAR process, and finds that it cannot Step-1 be resolved. The AP approaches the NGO field level officials for clarification. The NGO will Step-2 provide clarification to the APs as per RP within 1 day. If not resolved in 2, The AP approaches to the GRC. NGO staff will assist the APs Step-3 in producing the complaints and organize hearing within 21 days of receiving the complaints. GRC to scrutinize applications and cases are referred to DC through LGED if Step-4 beyond their mandate. If within the mandate, GRC sessions held with aggrieved APs, minutes recorded. Step-5 If resolved, the Project Director approves. If not resolved: The AP may accept GRC decision, if not, he/she may file a case Step-6 to the court of law for settlement. The GRC minutes, approved by the Project Director, are received at the Step-7 Convener’s Office. The approved verdict is communicated to the complainant AP in writing.

104. DPs will be able to submit their grievance/complaint about any aspect of Resettlement Plan implementation and compensation. Grievances can be shared with the LGED verbally or in written form, but in case of the verbal form, the NGO representatives in the GRC shall write it down in the first instance during the meeting at no cost to APs. The APs will sign and formally submit the grievance to the GRC at the respective office of the NGO which is assisting LGED in implementing the RP. A flow chart summarizing the procedure for redressal of grievances is shown in the below Figure.

Page 51 8.3 Grievance Redress Flow Chart

Aggrieved Persons

GRC members: Application LGED Representative submitted to • IA Representative GRC through IA • LGI Representative Scrutinisation of complaints by GRCGRC

Complaints Not under Arbitration or Law Referred to DC under to be settled as per RP Arbitration or policy

GRC Hearing within 21days Not Redressed of Lodging the claim Redressed

PD for Recommen Claim dation Approval

NGO for Payment

Seeking Decision District Legal Judge Accepted Court

Page 52 CHAPTER 9: RESETTLEMENT AND COMPENSATION COSTS AND BUDGET

9.1 Budgeting and Financial Planning 105. At this stage, a provisional budget estimates for this RP has been prepared by the MSC Consultant in consulting with NGO-CCDB. The calculation and estimation of cost for acquired lands are assessed based on the information derived from the socio-economic households’ survey and discussions with affected landowners as well as other stakeholders concerned. It is not realistic to accurately estimate land acquisition and resettlement costs for the Project at this point of writing report since a detailed land acquisition plan is going to be prepared for the subproject by the authority concerned. Notwithstanding, estimated cost for acquired land, affected structures and trees, replacement cost as well as skill training for the affected households have been spelt out in the budget. 106. The LGED will be responsible for the timely allocation of the funds needed to implement the RP. All land acquisition, compensation, relocation and rehabilitation, administrative expenses, monitoring, consultant & implementation NGO costs, and income and livelihood restoration costs will be considered as an integral component of project costs and timely disbursement of funds will be required for efficient RP implementation. 107. This budget includes: (i) costs of land acquisition, structure, trees, relocation, and livelihood and income restoration and improvement; (ii) administrative costs; (iii) RP implementation cost iv) All training costs for the APs including capacity building of LGED personnel v) monitoring cost; and (iv) contingencies etc. This budget will require to be updated by the MSC/PMU at the implementation stage. However, at this stage, an estimated budget for resettlement is given below:

9.2 Compensation for land 108. Compensation for land will be equivalent to its current Replacement Cost (RC). The present RC of rural land is like: Current Market Value + 11% of Replacement Cost (RP) as Registration, Stamp duty etc for rural areas + 09% of Replacement Cost (RC) as dislocation Allowance and Income Loss.

Table-9.1: Compensation or Current Replacement Value of Land in Taka

Head of components Amount of Money in Million (Taka)

Current Market Value of Land 10.631

11% of Replacement Cost (RC) as Registration, 1.169 Stamp duty etc

09% of RC as Dislocation, Income Loss etc 0.957

Total Compensation for Land 12.7572

Page 53 109. It is to be noted that of this total amount of Tk. 5.88 million, the DC office will pay the current market value of the land as per government policy, and the rest will be paid by the LGED with the assistance of INGO.

Table 9.2: The following table shows the area of land to be acquisitioned in decimal and current market value in Taka:

Type of land Area of land in Decimal Value per decimal in Total value in Taka Taka Homestead 2 40,000.00 80,000.00 Vita/Garden 97 32,000.00 3,104,000.00 Pond 40 25,000.00 1,000,000.00 Nul 307 21,000.00 6,447,000.00 Grand Total 446 10,631,000.00 Source: Socioeconomic Census & Survey, April 2016

9.3 Compensation for Structures 110. As per the identified entitlements of the PAPs, the owner of structures will be compensated to the level of their current Replacement Cost (RC). The RC for structures is calculated as Current Market Value of structures + 10% of RC as Structure Shifting and Reconstruction Grant. Moreover, the owners of structures will be allowed to take away all the salvageable materials free of cost when the structures are demolished by them.

Table-9.3: Compensation or Current Replacement Value of Structure in Taka

Head of components Amount of Money in Million (Taka)

Replacement Cost (RC) of Structures 0.55

Structure Shifting and Reconstruction Grant =10% of RC 0.055

Total Compensation for Replacement Cost of structures 0.61

9.4 Compensation for Trees 111. Compensation for trees is determined Tk. 2.4977 million based on the Socio-economic Survey (SES) and the consultation with the affected families which will be finally paid to them with the assessment and recommendation of the PAVT. Moreover, the owners will be allowed to take away all the salvageable materials free of cost, if the trees are cut and take away by themselves.

9.5 Grant to Income Vulnerable 112. It is estimated that income of the 06 PAPs are found vulnerable. It is proposed for

Page 54 “Additional Subsistence Allowance” equivalent to 3 months income = Tk. 15,000.00 to each implying that Tk. 15,000.00 * 6 = Tk. 90,000.00 is needed for the grant.

9.6 Estimation of Total Cost and Budget 113. Cost and Budget are given below of the basis of the Current Replacement Values of affected properties.

Table-9.4: Estimation of Total Cost and Budget for the Implementation of RP

Head of components Amount of Money in Million (Taka)

Current Replacement Cost (RC) of Land 12.757

Current Replacement Cost (RC) of Structures 0.61

Current Replacement Cost (RC) of Trees 2.4977

Grant to Income Vulnerable 0.09

Total Amount of Compensation 15.950

Contingency = 10% Total Compensation 1.5950

Grand Total 17.54

114. Of the total amount of tk. 17.54 million, the cost for land will be paid by DC office; while, the grants will be paid by the project office, LGED, directly to the PAPs/Entitlements with the assistance of INGO. The formalities required for the approval of the cost and budget will be performed by the Project Director (PD) and he will release the necessary funds to DC as per policy of the Govt. It is to be noted that if there is any surplus money under the contingency subhead, the PD is authorized to spend those surpluses as per requirements in this connection.

Page 55 CHAPTER 10: IMPLEMENTATION SCHEDULE

10.1 Implementing Schedule

115. The implementation schedule for the RP will depend on acquisition of required land, payment of Current Cost of Land (CCL) and the subproject works construction schedule. LGED together with the LAO, the MSC and CCDB will accomplish the above mentioned activities to allow the resettlement activities to be completed in time. The overall schedule of implementation is based on the principle that people affected by the subprojects are paid their due resettlement benefits prior to displacement. 116. A tentative time-bound RP implementation schedule is yet to be prepared which will require to be adjusted in accordance with the RP approval, the land acquisition timetable and the subproject construction schedule. The overall schedule of implementation is based on the principle that people affected by the subproject are paid their due compensation and Resettlement Benefits prior to the start of construction work. The CCDB will assist the APs in the process of compensation payment and resettlement activities. Individual entitlements on household basis will be processed by the CCDB. Each EP will receive an ID card and an entitlement card. The implementation of this RP is provisionally scheduled to be completed in 12 months from the deployment of CCDB. The Implementation schedule (Table 10.1) will be prepared based on the following table.

Table 10.1 Tentative Resettlement Plan Implementation Schedule

Sl No Land Acquisition & Resettlement Start Date Estimated Activities Completion Date Circulation issued by the Ministry of Local Govt. for 22/12/2013 1. forming different committees (JVT, PVAT GRC & RAC) at the district level for the implementation of the Resettlement activities of the sub-projects under CCRIP. Deployment of NGO & provide orientation on the 15/05/ 2014 31/05/2014 2. Resettlement & Social Safeguard Issues Information Campaign, consultation, identification 01/06/ 2014 31/12/ 2014 3. of the PAPs by implementing NGO Conducting socio-economic survey of the Affected 01/06/ 2015 30/10/ 2015 4. Households by implementing NGO Conduct Topography Survey for the sub-project 01/10/2015 07/01/2016 5. and complete the detail design and prepare Land Acquisition (LA) proposal Preparation & submission of LA proposal to PD, 08/01/2016 6. 23/01/2016 CCRIP by the SMO/XEN LA proposal is reviewed by PD & s submit to the 7. 09/02/2016 Ministry of LGRD and obtain Admin Approval 24/01/2016 Receiving Admin Approval, submission of the LA 10/02/2016 8. 24/02/2016 to DC for the next course of action at the district level for land acquisition and resettlement

Page 56 Sl No Land Acquisition & Resettlement Start Date Estimated Activities Completion Date DC office reviews the LA proposal submitted by 25/02/2016 9. 28/03/2016 LGED and invite meeting of the District Land Acquisition Committee and approved LA Conduct Joint Verification Survey by JVT for 29/03/206 30/04/206 10. identification of landowners based on detail design & LA Plan Notification is imposed on the landowners by DC 02/05/206 30/05/2016 11. under Section-03 of LA Acts of the Govt. Receive objection from landowners under Section 01/06/2016 30/06/2016 12. -04 if any and objection’s hearing by DC office under Section-05 for resolution Identification of land owners for negotiated 01/07/ 2016 15/07/ 2016 13. settlement & voluntary donations by JVT Property Valuation Survey and 16/07/2016 15/08/2016 14. Determination of unit rate by PVAT and impose Section-06 on the landowners by DC Data Processing and Determination of 16/08/2016 30/8/2016 15. Individual Entitlements Preparation & Submission of 1/09/2016 15/09/2016 16. Resettlement Budget and individual Entitlement by CCDB to LGED Approval of Resettlement Budget by 16/09/2016 30/09/2016 17. LGED Imposing Section-07 of the LA Acts, payment of 01/10/2016 31/12/2016 18. compensation/resettlement Benefits to EPs & transfer of titles / payment of all fees and taxes Redress of Grievances received from the Affected 01/01/2017 15/01/2017 19. Households Payment of Other Resettlement benefits based on 16/01/2017 31/01/2017 20. GRC decision Relocation of HHs and CBEs 01/02/2017 01/03/2017 21. Training and Income Generation Programs 02/03/2017 31/03/2017 22. Submission of project completion report by CCDB 01/04/2017 15/04/2017 23. Monitoring and Evaluation 16/04/2017 15/06/2017 24.

Page 57

CHAPTER 11: MONITORING AND REPORTING

11.1 Supervision, Monitoring and Evaluation: 117. LGED as the Executing Agency (EA), through the Project Management Unit, will establish a monitoring system involving the XEN, SMO, and the MSC for collection, analysis, reporting and use of information about the progress of resettlement, based on the RP. These stakeholders will be responsible for monitoring the progress of all aspects of resettlement and income generation. The LGED will report to the ADB on resettlement and income regeneration for APs in the quarterly reports, including identification of significant issues. Besides, a project completion report stipulating all efforts and outcomes will be submitted to ADB from the LGED. 118. The RP implementation monitoring will be done internally to provide feedback to LGED upon monitoring and evaluation reports and other relevant data to identify any action needed to improve resettlement performance or respond to the changing circumstances .Evaluation of the resettlement activities will be undertaken during and after implementation of the RP to assess whether the resettlement objectives were appropriate and whether they were met, specifically whether livelihoods and living standards have been restored or enhanced. A qualified internal independent monitor will be engaged as third party monitor during RP implementation. An independent external monitoring agency/monitor will be engaged after implementation of the RP to review implementation of the RP. The evaluation will also assess resettlement efficiency, effectiveness, impact and sustainability, drawing lessons as a guide to future resettlement planning. Budgetary provision has been made in this RP for independent monitoring and review.

11.2 Internal Monitoring: 119. Monitoring will be undertaken by the PMU through the SMO and NGO. The NGO will gather information on RP implementation covering relevant activities as per the schedule. All activities listed will be illustrated showing the target dates for completing resettlement activities. Monitoring reports on RP implementation will be included in the quarterly Project Progress Report (PPR). The LGED will make semi-annual reporting to ADB on monitoring. The report of the SMO will contain: (i) accomplishment to-date, (ii) objectives attained and not attained during the period, (iii) challenges encountered, and (iv) targets for the next quarter. The internal monitoring report will then be integrated by the PMU with the overall PPR submitted to ADB. The following Table shows the potential monitoring indicators that will be reported:

Page 58 11.3 Potential Monitoring Indicators

Monitoring Yes Monitoring Indicators Remarks Issues /No Budget and • Have all resettlement staff been appointed and Timeframe mobilized for field and office work on schedule? • Have capacity building and training activities been completed on schedule? • Are resettlement implementation activities being achieved against agreed implementation plan? • Are funds for resettlement being allocated to resettlement agencies on time? • Have resettlement offices received the scheduled funds? • Have funds been disbursed according to RP? • Has the land made encumbrance free and handed over to the contractor in time for project implementation? Delivery of DP • Have all APs received entitlements according to numbers Entitlements and categories of loss set out in the entitlement matrix? • How many affected households relocated and built their new structure at new location? • Are income and livelihood restoration activities being implemented as planned? • Have affected businesses received entitlements? • Have the squatters, encroachers displaced due to the project, been compensated? • Have the community structures (e.g. Mosque, etc.) been compensated for and rebuilt at new site? • Have all processes been documented?

Consultations, • Have resettlement information grievances & brochures/leaflets been prepared and Special issues distributed? • Have consultations taken place as scheduled including meetings, groups, community activities? • Have any APs used the grievance redress procedures? • What are grievances were raised? • What were the outcomes? • Have conflicts been resolved? • Have grievances and resolutions been documented? • Have any cases been taken to court? Benefit • What changes have occurred in patterns of Monitoring occupation compared to the pre-project situation? • What changes have occurred in income and expenditure patterns compared to pre-project situation? • Have APs income kept pace with these changes? • What changes have occurred for vulnerable groups?

Page 59 11.4 Compliance Monitoring 120. Compliance monitoring of RP implementation will cover (i) project compensation and entitlement policies, (ii) adequacy of organizational mechanism for implementing the RP, (iii) restoration of DPs incomes, (iv) settling complaints and grievances, and (v) provisions for adequate budgetary support by LGED for implementing the RP. The MSC will assess if the APs (i) have been paid proper compensation and resettlement benefits; (ii) have re- established their structures; (iii) have re-established their business; and (iii) were extended assistance to restore their incomes from pre-project levels. It will also appraise the accounting documents used in recording the payments of compensation to APs by the LGED.

11.5 External Monitoring and Evaluation 121. The LGED upon consent of the ADB will recruit an Independent External Monitor for monitoring the performance of RP implementation. The main task and methodology for external monitoring agency will be to monitor and evaluate the whole activities relating to resettlement following appropriate methodology to measure the progress and degree/level of targeted achievement. The specific tasks and methodology for external monitoring shall include: (i) review of pre-Project baseline data on APs; (ii) identification and selection of an appropriate set of indicators for gathering and analyzing information on resettlement impact; (iii) use of various formal and informal surveys for impact analysis; and (iv) an assessment of RP strategy, effectiveness, impact and sustainability, drawing lessons as a guide to future Project preparation work. The independent monitoring agency will monitor activities over the project period and submit quarterly reports and a final evaluation report after completion of the RP implementation. The Independent Monitor will report to the ADB through the LGED within the stipulated time.

11.6 Reporting Requirements 122. The Project Director will prepare and send status reports to ADB on RP implementation periodically and a final report upon completion of the resettlement program. The report will reflect on the resettlement experience and lessons learned. The progress of LA&R will be included in the Project Quarterly Report. 123. During subproject implementation, LGED will establish a monthly monitoring system involving LGED staff at the SMO and NGO, and prepare monthly progress reports on all aspects of resettlement operations. 124. The Resettlement Specialist of the MSC will conduct periodic reviews and supervision missions during the implementation stage and will report to LGED and the ADB on the progress of all aspects of resettlement activities. A post-evaluation of RP activities will be carried out by ADB to assess the resettlement impact and the efficacy of the RP policy.

Page 60 Annex 01: Documentation of the Consultation with the Stakeholders/PAPs. Participants: Affected landowners/shop keepers and local elites/UP Chairmen and Members Date: 25-31 January 2016 Discussed Issues/topics Discussed by Concerns of the Issues/Topics INGO/CCDB participants/remarks

The objectives of the CCRIP, The participants raised their voices implementation and institutional on the land acquisition for which . Objectives of the arrangements as well as role of they were convinced to provide CCRIP and the different agencies and officials lands in exchange of proper institutional like LGED and Deputy compensation. In this connection, framework. Commissioner (DC) /District Project Affected Persons Administration were discussed emphasized on the need of the sub- at the meeting. project that would facilitate better . Description of the communication. proposed sub- project’s They were informed of the land implementation acquisition to be required to In case of land acquisition process, process implement the proposed sub- participants shared their negative project. NGO personnel spelt experiences and lesson-learned. out the consequence of the land They pointed out the issue of the

acquisition process dealing assessment of compensation . Acquired Land for the with the government / Deputy package determined by the DC implementation of Commissioner (DC) office at the offices in which lengthy procedures sub-project & district level. for paying the payment to the Acquisition process affected landowners are generally

observed. . Payment of Discussed on the different compensation to the Stages of the land acquisition PAPs and the process and Sections (rules of They informed that they were not at resettlement plan laws) imposed on the all familiar with the whole land landowners by the Deputy acquisition process of the Deputy Commissioner (DC) during the Commissioner (DC) office. They land acquisition. requested CCDB and LGED officials to assist them in dealing

with the Deputy Commissioner (DC) During the consultation, CCDB Office in which they would be able explained the process and to receive compensation on time payment’s procedure of the without making any complexity. acquired land and affected

assists/structures and resettlement plan At the point of discussion, participants ensured that they would provide their lands for the implementation of the proposed sub-project that will bring good for them in the perspective of economical growth. But, in return, they will have to be compensated properly by the government for acquiring their lands. Moreover, they voiced on the delaying procedure and its implications in paying the compensation to the affected land owners.

Page 61 Discussed Issues/topics Discussed by Concerns of the Issues/Topics INGO/CCDB participants/remarks

Formation and Role of Formation and role of PAVT, Participants requested INGO to PAVT, JVT, GRC JVT and GRC and their role in introduce them with the members of the process of land acquisition, PAVT, JVT and GRC and also to identifying the acquired land ensure the involvement of Project and affected structures, Affected Persons (PAPs) in the assessment and valuation of process of taking decision on any the land and other structures, issues dealing with the land addressing the grievances acquisition and the assessment of received from the affected valuation for the affected properties. persons etc were briefed during the consultation with the stakeholders concerned. They were briefed on how the Project Affected Persons (PAPs) will address their grievances on the implementation process of the sub-project and payment of compensation.

Grievance Redress They were briefed that EA The participants raised their Mechanism (GRM) and would establish a mechanism to concerns about the role of GRC addressing the receive and facilitate resolution members in case of recording grievances of affected peoples’ concerns, complaints and grievances will be complaints, and grievances raised by the affected households. about the project’s safeguards They requested NGO to ensure that performance at the subproject the GRC members will play their level with IR impacts. vital role in giving priority to the concerns of the project affected They were informed that GRC people. would help those (PAPs) to save time and money instead of proceeding for legal process which may be a lengthy procedure.

Page 62 Discussed Issues/topics Discussed by Concerns of the Issues/Topics INGO/CCDB participants/remarks During consultations, stakeholders were informed that they had a right to address their grievances to the concerned agencies/officials. It was ensured that APs could also call upon the support of the INGO to assist them in raising their grievances / complains to the GRC. It was also told that other than disputes relating to ownership right and award of compensation by the Deputy Commissioner (Dc) under the court of law, GRCs would review grievances by involving all resettlement assistances, relocation and other supports. Grievances are to be redressed within 21 days from the date of lodging the complaints.

In the consultation meeting, different stages of grievance procedures were spelt out by showing the ‘ Grievance Flow Chart’ and provided them a Witten handouts in this connection.

Procedure of the Participants/ Affected Persons Participants expressed their distribution of Payment were briefed on the procedure anxious about the misappropriation /compensation for the of distribution of compensation during the payment distribution. affected among the Affected Persons by They requested NGO to assist them lands/structures/assets the authority concerned and the in receiving compensation without role of implementing NGO was getting any hassle. explained during the distribution of the payment to them.

Discussed on the assessment Participants demanded to process in which JVT members determine the Replacement Cost Assessment of type and determine the classification of and the compensation for the quantity of land/water acquired land/water bodies are structures and acquired lands bodies by existed in the alignment of the appropriately for which they will not Joint Verification Team sub-project. be deprived of financial benefit. (JVT) They requested to ensure their Discussions on the participation in the process of determination of replacement b. Determination of determining the compensation. cost for the affected replacement households/shops and also the cost of land and water assessment of cost for the bodies by acquired land and water bodies PVAT though market by PVAT though market survey survey

Page 63 Discussed Issues/topics Discussed by Concerns of the Issues/Topics INGO/CCDB participants/remarks

Cut-off date It was discussed on the cut-off Participants ensured that they date for title holders when would be aware of the matter in Government publishes which no people will encroach into notification indicating its the sub-project area after cut-off intention to acquire land for a date. public purpose; and for non- titleholders is the start date of the project census 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.

Distributing Leaflets Leaflets containing information Participants showed their on the Project objectives and satisfaction over the distributed implementation procedures leaflets that would help them in were distributed among the understanding the relevant issues stakeholders /topics of the project implementation processes.

Page 64 Annex 02: Schedule of the Consultation Process and locations

Date of consultation Venue Location Remarks /participants 25/01/2016 Villagers Ratunpur Sorkair Kachia Primary School Local elites 26/01/2016 House of Altaf Kachia Hosen Villagers 26/01/2016 Ratunpur Sorkair Kachia Primary School Local elites, Landowners & 27/1/2016 House of Amir Kachia affected households Hosen

28/01//2016 Mijan Kazi Rice Dewla Landowners & affected Mill households

29/01//2016 House of Nazrul Dewla Landowners & affected Kazi households

30/01/2016 Tea Stalll of Siddik Dewla Landowners & affected Akone households UP Office Kachia Union 30/01/2016 UP Chairman and Councillors UP Office Dewla Union 31/01/2016 UP Chairman and Councillors

Page 65 Annex 03: Pictures of the Consultation with the Stakeholders

Page 66 Annex 04: List of stakeholders/PAPs participated in the consultation process

Sl Name Father’s Name Occupation Village Upazila/District

1 Abdur Rahman Lutfor Rahman Agriculture Kachia Borahnuddin, Bhola 2 Boshir Hang Sultan Hang Agriculture Kachia Borahnuddin, Bhola 3 Altaf Hossain Fajlu Karim Agriculture Kachia Borahnuddin, Laskar Bhola 4 A. Jolil Kazi A. Karim Agriculture Kachia Borahnuddin, Bhola 5 Toshir Hang Sultan Hang Agriculture Kachia Borahnuddin, Bhola 6 Siddiq Laskar Seku Laskar Business Kachia Borahnuddin, Bhola 7 Joshim Hang Sultan Hang Business Kachia Borahnuddin, Bhola 8 Rowon Hazi Laskor Noju Laskor Business Kachia Borahnuddin, Bhola 9 Bashed Hang Sultan Hang Agriculture Kachia Borahnuddin, Bhola 10 Lalu Akon Waz Uddin Agriculture Dewla Borahnuddin, Akon Bhola 11 Siddiq Akon Waz Uddin Agriculture Dewla Borahnuddin, Akon Bhola 12 Saleha Akon Wazuddin Akon Agriculture Dewla Borahnuddin, Bhola 13 Shahanaz Begum Mokles Akon Housewife Dewla Borahnuddin, Bhola 14 Sofiulla Kazi Ab. Roshid Teacher- High School Kachia Borahnuddin, Bhola 15 Jalal Ahmmed Ab. Korim Agriculture Kachia Borahnuddin, Bhola 16 Jalal Shorif Sayed Ali Agriculture Kachia Borahnuddin, Bhola 17 Ismail Sowdagor Situ Mia Agriculture Kachia Borahnuddin, Bhola 18 Mainuddin A. Ohed Labour/Fishermen Kachia Borahnuddin, Bhola 19 Ruhul Amin Sikder Jalal Sikder Business - Small Dewla Borahnuddin, Bhola 20 Mokles Shikder Bisu Shikder Agriculture Dewla Borahnuddin, Bhola 21 Nazrul Kazi Motaleb Kazi Business Dewla Borahnuddin, Bhola 22 Mosaref Hossain Motaleb Kazi Agriculture Dewla Borahnuddin, Bhola

Page 67 Sl Name Father’s Name Occupation Village Upazila/District

23 Mohosin Kazi Motaleb Kazi Agriculture Dewla Borahnuddin, Bhola 24 Hasan Kazi Motaleb Kazi Service Dewla Borahnuddin, Bhola 25 Mohammod Ali Kazi Bosu Kazi Agriculture Dewla Borahnuddin, Bhola 26 Amirul Kazi Serazul Kazi Agriculture Dewla Borahnuddin, Bhola 27 Abdulla Kazi Shajahan Kazi Agriculture Dewla Borahnuddin, Bhola 28 Anarul Kazi Serajulkazi Agriculture Dewla Borahnuddin, Bhola 29 Md.Abu Munshi Kalu Kazi Business Dewla Borahnuddin, Bhola 30 Md:Mizan Kazi Abdur Rob Kazi Agriculture Dewla Borahnuddin, Bhola 31 Md:Shah Alam L/ Sobahan Business Dewla Borahnuddin, Sikder Bhola 32 Md:Sohidulla Kazi Abdur Rob Kazi Agriculture Dewla Borahnuddin, Bhola 33 Md: Yousuf Abdur Rob Kazi Agriculture Dewla Borahnuddin, Bhola

Page 68 Annex 05: List of Local Govt. Officials Stakeholders participated in the consultation Union Parishad (UP) Chairman and Councillors who participated in the consultation meetings and exchanged views on the impact of the sub-project

SL Name of the Designation Name of the Union Upazila/District No. stakeholders

1. Abdur Rob Kazi Chairman 04 no. Kachia Burhanuddin, Bhola

2. Md. Nizam UP Member 04 no. Kachia Burhanuddin, Bhola

3. Abdur Razzak UP Member 04 no. Kachia Burhanuddin, Bhola

4. Golam Rahman UP Member 04 no. Kachia Burhanuddin, Bhola

5. Md. Feroj UP Member 04 no. Kachia Burhanuddin, Bhola

6. Md. Shamim UP Member 04 no. Kachia Burhanuddin, Bhola

7. Md. Piku Rahman UP Member 04 no. Kachia Burhanuddin, Bhola

8. Md. Gofur Rahman UP Member 04 no. Kachia Burhanuddin, Bhola

9. Md. Din Islam UP Member 04 no. Kachia Burhanuddin, Bhola

10. Md. Jashim UP Member 04 no. Kachia Burhanuddin, Bhola

11. Champa Begum UP Member 04 no. Kachia Burhanuddin, Bhola

12. Monowara Begum UP Member 04 no. Kachia Burhanuddin, Bhola

13. Rahim Jannat UP Member 04 no. Kachia Burhanuddin, Bhola

14. Advocate Asadujjaman Chairman 03 no. Dewla Burhanuddin, Bhola

15. Md. Iqbal UP Member 03 no. Dewla Burhanuddin, Bhola

16. Md. Forkan UP Member 03 no. Dewla Burhanuddin, Bhola

17. Md. Shafiullah Mal UP Member 03 no. Dewla Burhanuddin, Bhola

18. Md. Nuru Howlader UP Member 03 no. Dewla Burhanuddin, Bhola

19. Md. Ruhul Amin UP Member 03 no. Dewla Burhanuddin, Bhola

20. Md. Alauddin UP Member 03 no. Dewla Burhanuddin, Bhola

21. Md. Aowlad UP Member 03 no. Dewla Burhanuddin, Bhola

22. Md. Ismile Hosen UP Member 03 no. Dewla Burhanuddin, Bhola

23. Abdur Rahman UP Member 03 no. Dewla Burhanuddin, Bhola

24. Kamrun Nesa UP Member 03 no. Dewla Burhanuddin, Bhola

25. Bibi Moriyom UP Member 03 no. Dewla Burhanuddin, Bhola

26. Nurun Nahar UP Member 03 no. Dewla Burhanuddin, Bhola

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