Khyber Pass Economic Corridor Project (Component II)

Social Management Framework (SMF)

Peshawar March, 2020 Social Management Framework of KPEC Project (Component II)

Khyber Pass Economic Corridor Project (Component II) Social Management Framework Table of Contents LIST OF TABLES ...... iii LIST OF FIGURES ...... iii LIST OF ANNEXES ...... iii ABBREVIATIONS AND ACRONYMS ...... iv EXECUTIVE SUMMARY ...... vii INTRODUCTION ...... 1 1.1 Background ...... 1 1.2 Social Management Framework ...... 1 1.3 Principles and Methodology ...... 3 DESCRIPTION OF THE PROJECT ...... 4 SOCIOECONOMIC BASELINE CONDITIONS ...... 6 3.1 Overview of Peshawar Valley ...... 6 3.2 FATA Region ...... 7 3.2.1 Historical Background ...... 7 3.2.2 Administrative System ...... 8 3.2.3 Security Situation in FATA ...... 9 3.2.4 Tribal and Ethnic Diversity...... 9 3.2.5 Demographic Features ...... 11 3.2.6 Land Use Pattern ...... 12 3.2.7 Occupations and Livelihood ...... 13 3.3 Socioeconomic Conditions ...... 13 3.4 Mohmand Marble City ...... 13 3.5 Other Information ...... 14 LEGAL AND POLICY FRAMEWORK ...... 16 4.1 Constitution of Pakistan (1973) ...... 16 4.2 Frontier Crimes Regulations ...... 16 4.3 Communal and Private Land Ownership & Management ...... 17 4.4 Land Acquisition Act 1894 ...... 18 4.5 Legislation Relevant to Land Classification ...... 19 4.6 Pakistan Antiquity Act, 1975 ...... 19 4.7 Khyber Pakhtunkhwa Antiquities Act, 2016 ...... 19 4.8 Labor Laws ...... 20 4.9 Pakistan Labour Policy, 2010...... 20 4.10 The Protection against Harassment of Women at the Workplace Act 2010 ...... 21 4.11 The Khyber Pakhtunkhwa Prohibition of Employment of Children Act, 2015 ...... 21 4.12 Guidelines for Public Consultation, 1997 ...... 22 4.13 Environmental Assessment (OP 4.01) ...... 22 4.14 Involuntary Resettlement (World Bank OP 4.12) ...... 22 4.15 Comparison of Key LAA, FCR and World Bank OP and Practices ...... 23 4.16 Compliance Status with Country Laws and World Bank Policies ...... 25 4.17 World Bank Operational Policies relevant to the Project ...... 27 4.18 International Labour Laws and Guidelines ...... 27 SCREENING OF SOCIAL IMPACTS AND MITIGATION MEASURES ...... 28 5.1 General ...... 28 5.2 Potential Social Impacts...... 28 5.2.1 Impact Related to Land ...... 31

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Social Management Framework of KPEC Project (Component II)

5.2.2 Impact on Physical and Cultural Resources ...... 31 5.2.3 Impact on Indigenous People ...... 31 5.2.4 Gender Related Impacts ...... 31 5.2.5 Labour Related Impacts ...... 31 5.2.6 Impact Mitigation Measures ...... 32 5.3 Key Steps in Social Management ...... 32 5.3.1 Social Screening ...... 32 5.3.2 Component II of KPEC Project Category Classification Guidelines ...... 32 5.3.3 Preparation of Mitigation Instruments ...... 33 5.3.4 Contents of SIA and SMP ...... 33 GENDER DEVELOPMENT FRAMEWORK ...... 36 6.1 General ...... 36 6.2 Gender Considerations and Framework ...... 36 LABOUR MANAGEMENT FRAMEWORK ...... 40 7.1 General ...... 40 7.2 Objectives and scope ...... 40 7.3 Baseline Condition in the Project Area ...... 40 7.4 Recommended Measures ...... 40 7.5 Labour Management Framework ...... 41 7.6 Monitoring...... 50 7.7 Performance Indicators ...... 50 7.8 Information Management ...... 51 7.9 Reporting ...... 51 7.10 Training and Awareness ...... 51 CONSULTATIONS AND DISCLOSURE ...... 53 8.1 Community Consultations ...... 55 8.2 Consultative Meetings with Officials ...... 56 8.3 Stakeholders Consultation Framework...... 56 8.4 Disclosure...... 58 INSTITUTIONAL ARRANGEMENTS ...... 59 9.1 General ...... 59 9.2 Overall Oversight and Implementation Arrangements ...... 59 9.3 Project Implementation Unit (PIU) ...... 59 9.4 Social and Resettlement Management Unit (SRMU) ...... 59 9.5 Resettlement Unit (RU) ...... 60 9.6 Supervisory Consultants ...... 60 9.7 Government Departments ...... 62 9.8 Project Affected Persons Committee (Jirga)...... 62 9.9 Independent Monitoring Agency ...... 62 GRIEVANCE REDRESS MECHANISM ...... 62 10.1 Grievance Redress Mechanism ...... 62 10.2 Grievance Redress System and Procedure ...... 64 10.3 Closure of Grievance ...... 64 10.4 Exclusions ...... 64 CAPACITY DEVELOPMENT AND TRAINING ...... 66 SMF BUDGET ...... 68 MONITORING AND EVALUATION MECHANISM ...... 69 13.1 Monitoring and Evaluation ...... 69 13.2 Internal Monitoring ...... 69 13.3 Independent Monitoring/Third Party Validation ...... 69 PHOTOLOG...... 72

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Social Management Framework of KPEC Project (Component II)

LIST OF TABLES Table ES-1: Social Impacts of Component II of the KPEC Project...... ix Table 4.1: Salient Features of the LAA 1894 and Successive Amendments ...... 18 Table 4.2 (a): Comparison of FCR applicable in FATA and WB OP 4.12 ...... 23 Table 4.2 (b): Comparison of Pakistan’s LAA and WB OP 4.12 ...... 25 Table 4.3: Compliance of GOP Legislation and World Bank OPs ...... 26 Table 4.4: World Bank Operational Policies relevant to the Project ...... 27 Table 5.1: Social Impacts of Project Activities under Component II of KPEC Project ...... 29 Table 8.1: Stakeholders Consultations ...... 53 Table 8.2: Stakeholder’s Consultation Framework ...... 57 Table 11.1: Training/ Capacity Development ...... 66 Table 12.1: Budget for Capacity Development & Trainings for SMF ...... 68 Table 12.2: SMF Implementation Cost ...... 68

LIST OF FIGURES Figure 4.1: Political Administration Setup...... 17

LIST OF ANNEXES Annex-1: Physical and Cultural Resource Management Framework and Chance Find Procedures ...... 84 Annex-2: Screening Checklist for Social Safeguards ...... 87 Annex-3: Minimum Accommodation and Living Standards of Labour Camp ...... 88 Annex-4: Details of Consultations ...... 92

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Social Management Framework of KPEC Project (Component II)

ABBREVIATIONS AND ACRONYMS

APA Assistant Political Agent APTTA Afghanistan-Pakistan Transit Trade Agreement ARAP Abbreviated Resettlement Action Plan CAREC Central Asian Regional Economic Cooperation CBO Community Based Organization CETP Combined Effluent Treatment Plant CFTC Common Facility Training Centre CPEC China Pakistan Economic Corridor CR Complaint Register C&WD Communication & Works Department EIA Environmental Impact Assessment ESIA Environmental and Social Impact Assessment ESMF Environmental and Social Management Framework ESMP Environmental and Social Management Plan FATA Federally Administered Tribal Area FBR Federal Bureau of Revenue FCR Frontier Crimes Regulations FDA FATA Development Authority FPAPC Female PAP Committee FR Frontier Region GeoLoMaP Geo-Referenced Local Master Plan GoKP Government of Khyber Pakhtunkhwa GoP Government of Pakistan GRC Grievance Redress Committee GRM Grievance Redress Mechanism ILO International Labour Organization IMA Independent Monitoring Agency IOC Incremental Operating Cost IZ Industrial Zone KP Khyber Pakhtunkhwa KPEC Khyber Pass Economic Corridor LAA Land Acquisition Act LAC Land Acquisition Collector LGO Local Government Ordinance LMF Labour Management Framework M&E Monitoring and Evaluation MMC Mohmand Marble City NGO Non-governmental Organizations OP Operational Policy PA Political Agent PAFs Project Affected Families PAPs Project Affected Persons PAPC Project Affected Person Committee

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Social Management Framework of KPEC Project (Component II)

PCR Physical Cultural Resources PCRMP Physical Cultural Resources Management Plan PD Project Director P&DD Planning and Development Department PDO Project Development Objective PHE Public Health Engineering PIU Project Implementation Unit PPP Public Private Partnership PTEX Peshawar-Torkham Expressway

RAP Resettlement Action Plan RPF Resettlement Policy Framework RU Resettlement Unit SEZ Special Economic Zone SIA Social Impact Assessment SME Small and Medium Enterprises SMF Social Management Framework SMP Social Management Plan SRMU Social and Resettlement Management Unit TA Technical Assistance TEVTA Technical Education and Vocational Training Authority WB World Bank WGP Western Greater Peshawar

Measuring Units

Ha Hectare km Kilometer (100 m) m Meter

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Social Management Framework of KPEC Project (Component II)

Disclosure Date: 11/3/2020

Addendum to Social Management Framework (SMF) The safeguard instruments for Component-II namely Environment Management Framework (EMF), Social Management Framework (SMF), and Resettlement Policy Framework (RPF) are being updated via this addendum to reflect Government of Khyber Pakhtunkhwa decision that the Sustainable Development Unit (SDU), Planning and Development Department, Government of Khyber Pakhtunkhwa will be the PIU of Component II. This change has been made given that the Federally Administrative Tribal Areas region (FATA) have been formally merged in the Khyber Pakhtunkhwa (KP) province; thus, the KP Government will from this moment take responsibility for Component II implementation. Component II oversight will be the responsibility of a Component II Steering Committee, chaired by the Additional Chief Secretary (ACS) P&D, and comprising representatives of the different provincial departments and a focal point representing NHA.

The Project will require that the SDU be adequately staffed to include an Environmental Specialist and a Resettlement Specialist who will report to the Project Director and be responsible for the implementation of Component II safeguard instruments. SDU E&S specialists will ensure Component II has access to a fit for purpose Grievance Redress Mechanism as required under the instruments. A Social and Resettlement Management Unit (SRMU) will be established within the PIU and a Resettlement Unit (RU) will be established at Sub-Project level (field level), according to the details stated in the PAD. The PIU will engage Independent Monitoring Consultant (IMC) to periodically monitor project activities to ensure compliance with safeguards instruments. Component II safeguard instruments will be updated and re-disclosed after adding an Addendum which clearly explains the change in PIU.

This addendum replaces NHA as PIU of Component I with Sustainable Development Unit, Planning and Development Department, Government of Khyber Pakhtunkhwa as the PIU of Component II. All other implementation arrangements remain the same.

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Social Management Framework of KPEC Project (Component II)

Khyber Pass Economic Corridor Project (Component II) Social Management Framework

EXECUTIVE SUMMARY The present Social Management Framework (SMF) has been prepared to address the potential social risks and impacts from the implementation of Component II of the Khyber Pass Economic Corridor (KPEC) Project, in line with the national regulatory as well as World Bank (WB) safeguard requirements. Project Overview The Government of Pakistan (GoP) intends to develop the Khyber Pass Economic Corridor (KPEC) Project. This includes two major components – Component-I focuses on the development of a 47 km long expressway from Torkham to Peshawar while Component II encompasses the development of economic activities in the vicinity of the expressway corridor. The Project seeks to expand economic activity between Pakistan and Afghanistan by improving regional connectivity and promoting private sector development along the Khyber Pass corridor. Activities under Component-I include the detailed design and construction of the proposed 47 Km long four-lane Peshawar-Torkham Expressway (PTEX), the laying of fiber optic cables in trenches along the expressway, land acquisition and resettlement, afforestation along the expressway, technical and independent reviews and studies. Component-II will promote the integration of private sector actors in the Khyber Agency into global value chains and will have two main sub-components: a) the first sub-component will finance analytical activities required to coordinate and prioritize investments in soft and hard infrastructure in Western Greater Peshawar (WGP) and assure the feasibility and develop detailed designs for prioritized investments; and b) the second sub-component will finance infrastructure investments and will be guided by the analytical activities carried out under the first sub-component described above. This SMF covers Component II of the project; a RPF has been prepared as a separate document for Component II. Social Management Framework The SMF is proposed as an instrument to identify, assess, mitigate and monitor social risks associated with Component II of KPEC project. Since the exact nature, scope and scale of interventions under the Component II of KPEC are not fully defined so far, a framework approach has been followed for social safeguards. The major purpose of preparing the SMF is to formulate appropriate social safeguard principles and provide technical guidelines to identify impacts, prepare safeguard plans, and devise mitigation measures to address adverse social impacts of the project. Thus, the SMF has been prepared as a part of consolidated Environmental and Social Management Framework (ESMF) for the proposed Component II of KPEC Project. Principles and Methodology For the preparation of SMF, primary and secondary data was collected. Primary data was collected through site visits, transact walk, consultations with officials of concerned departments/ authority and local communities located in the surrounding of the project area. Secondary data sources includes projects maps/Google maps, project related documents, Economic Survey of Pakistan 2016-17, Multiple Indicators Cluster Survey of FATA (2009), Population of FATA Census (2017), World Bank Operational Policies (OPs), labor laws & regulations and other relevant reports/documents. Field visits were made from 8-12 September, 2017 and 15- 21 September,. Sixteen consultations were held covering about 102 participants including officials, manufacturers, and

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Social Management Framework of KPEC Project (Component II) workers, teachers/instructors of vocational institutes and local community members; and political administration (Political Tehsildar). Their feedback/concerns relating to the project preparation, design and implementation were also recorded. All collected data/information from different sources was tabulated and analyzed and compiled in the SMF. Regulatory and Policy Requirements The present SMF has been prepared to address the requirements defined in the national and provincial regulations namely Land Acquisition Act of 1894, and Frontier Crimes Regulations (FCR), 1901, labour and gender related laws, antiquities acts, consultation guidelines etc. In addition, the SMF addresses the requirements detailed in the WB Operational Policies (OPs). Social Screening of Component II of KPEC Project The activities to be carried out under the second component of the KPEC will be screened to evaluate the potential social impacts, examine the alternatives to minimize the impacts and compensating for adverse social impacts (i.e., involuntary resettlement, physical cultural resources, labour and gender issues) and enhancing positive impacts. Each activity/or group of activities (sub-components) will go through the same screening and scoping process to determine the type and detail of the safeguard instrument (s) that are required by both the World Bank safeguard policies and the Pakistani legislation. Based on the screening data on the extent of likely impacts, the safeguard requirements will be categorized1 and accordingly the preparation of the required instrument (s) will be suggested.

Social Baseline The socioeconomic conditions reveal that there is limited development due to resource and capacity constraints, limited economic activities and constraints regarding socio-cultural and law & order situation. Similarly, there is limited availability and access to basic infrastructure/social amenities to the local population including roads, electricity, natural gas, water supply schemes, sewage/drainage system as well as health & education facilities. In the recent years, the economic activity in the project area has been severely impacted, due to which a substantial rehabilitation/up-gradation of basic infrastructures and restoration of economic activity are direly needed in the project area of Component II of KPEC Project. Screening of Social Impacts Under Component II of KPEC Project, main activities include (a) local road infrastructure and urban development; (b) sites of special cultural, historical, and tourist value; (c) traffic management mechanisms for the N-5 (existing Peshawar Torkham road), including weighing stations and enforcement mechanisms; (d) the development of an integrated logistics hub and industrial/commercial infrastructure in viable locations in WGP (in partnership with private sector actors); (e) the construction and/or upgrading of roads to ensure connectivity between KPEX, urban centers in WGP, and other key national roads (N-55, M-1, Northern Bypass, Aza Khail Dry Port etc.); and (f) an international bus terminal to connect bus services to/from Afghanistan, the Peshawar Bus Rapid Transit system, and domestic bus services. A brief description of social impacts is discussed in Table ES-1 below:

1 SIA and RAP will be required for the project component that may have a new site with one or more potentially significant social impacts that are sensitive, diverse, or unprecedented. These impacts may affect an area broader than the sites or facilities subject to physical works. (about 200 or more people may experience major impacts, that is, being physically moved from housing, or losing 10% or more of their productive (income-generating) assets. These impacts are site- specific; few if any of them are irreversible; and in most cases mitigation measures can be designed readily. viii

Social Management Framework of KPEC Project (Component II)

Table ES-1: Social Impacts of Component II of the KPEC Project Main Activity Description of activities Project Impacts Remarks Technical Technical Assistance (TA) will finance: This component will primarily focus on desk studies, Preparation of Assistance (TA) a) Analytical activities; assessments, data collection and analysis and feasibility and b) Preparation of Spatial Master Plan for Western greater development of different plans and feasibility studies. engineering design and Peshawar (WGP); preparation of c) Feasibility studies and engineering designs for infrastructure; Spatial Master d) Document, preserve and promote cultural heritage of Khyber Plan. Pass; and e) Identify and promote sites of cultural and historical significance. The first sub-component will build upon an interim “Geo- Referenced Local Master Plan (GeoLoMaP)”, which identified existing and under construction infrastructure in WGP and documented infrastructure proposed by stakeholders. Infrastructure This component may finance the development of the following The activities may involve land acquisition (private/ Investments under Investments types of infrastructure: communal/ tribal land), due to which there will be loss of this sub- a) Local road infrastructure and urban development; trees, some cropped area, structures, and other assets component will be b) Sites of special cultural, historical, and tourist value; as well as livelihood of the people/local community. guided by the c) Traffic management mechanisms for the N-5 (existing SMP and Peshawar Torkham road), including weighing stations and The other impacts may be related to: feasibility studies financed by the enforcement mechanisms; i). Noise, dust, vibration on neighboring properties; above sub- d) Development of an integrated logistics hub and industrial/ ii). Exposure of community to construction workers component. commercial infrastructure in viable locations in WGP (in (unwanted attention or abuse, disruptive behavior, Specific social partnership with private sector actors); safety issues from heavy traffic); safeguard e) Construction and/ or upgrading of roads; and iii). Disturbances to land uses and peoples’ access to instruments (SIA, f) An international bus terminal to connect bus services to/from resources; SMP, PCRMP) will iv). Impacts on community health and safety be identified and Afghanistan, the Peshawar Bus Rapid Transit system, and v). Impacts from labour influx on women including prepared after domestic bus services. women’s privacy, mobility, sexual exploitation and screening once abuse and other issues as detailed in section 6 the foot print of the related to gender and labour influx; activities are vi). Labour health and safety related issues; identified. .

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Social Management Framework of KPEC Project (Component II)

vii). Impacts and issues related to Physical Cultural Resources (PCRs); viii). Inconvenience to communities due to curtailed access at times to local resources , sharing of local resources with resettled communities and incoming labour, difficulties in pedestrians’ movement particularly for the disabled and the aged, etc. and

Other social impacts will be identified during screening and assessment.

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Social Management Framework of KPEC Project (Component II)

The cost of component-II is US$ 75 million of which IDA is US$ 72 million and project implementation time frame is six years. Impact Related to Land The impacts due to land acquisition and resettlement were assessed at the broader level and presented in the RPF prepared as a standalone document for the Project (Component II). Impact on Physical and Cultural Resources Screening related to Physical Cultural Resources (PCRs) will also be carried out and if required, Physical Cultural Resource Management Plan (PCRMP) will be prepared. However, Chance Find Procedures will be in place to deal with such areas if found during the construction phase. PCR Framework and Chance Find Procedures are presented in Annex-1. Impact on Indigenous People

There are no indigenous people/or group of indigenous people located in the project area. Chitral District of Khyber Pakhtunkhwa Province is outside of the project geographic scope, where the only known indigenous peoples are present.

Gender Related Impacts

In the project area, about half of the population is women. Women are generally involved in household chores, child rearing and in subsistence agriculture. During the execution of Component II, women’s mobility to carry out their routine daily activities and chores may be hindered and their privacy will also be affected due to influx of labour. According to the Bank’s Labor Influx Guidance Note, adverse impacts of labor influx and risk associated with it are related to the volume of expected incoming labor and local capacity to manage and absorb it. It is estimated that about 500-700 skilled and semi-skilled labor will be employed during Project construction and the host community is small and rural. The contextual risk factors of Sexual Exploitation and Abuse (SEA) in KP and FATA are high, and include social norms that condone and tolerate gender based violence (GBV). Moreover, social norms do not encourage reporting of GBV/SEA incidents and victims/survivors face difficulties seeking needed help. Also, though there are governmental and non-governmental service providers, their facilities are usually under- resourced and over-stretched. Finally, large economic corridor projects often lead to an increase in sex trafficking of young women, girls and boys. HIV-transmission can also increase, such as through male and female sex workers as well as from men in the trucking industry transmitting to wives and other sexual partners. Considering the above, and acknowledging society’s general tolerance of violence against women and the state of victim/survivor focused awareness and prevention services, the Project poses substantial GBV/SEA risk.

The project will (i) define mitigation measures proportionate to the risk level; (ii) identify entities to provide services to the survivors of violence (iii) strengthen contractor obligations to SEA; (iv) enhance Project level GRM to integrate protocols related to SEA, and (v) ensure contract supervision capacity to monitor SEA performance. With regards to labor influx risks, the project will (i) coordinate with ministries and agencies engaged in anti- trafficking initiatives to ensure they are active and tailoring programs to the expressway; (ii) engage relevant ministries for peer education and case management; (iii) collaborate with relevant organizations and/or ministries to design effective awareness campaigns to at-risk groups, and also border control, transport and other relevant government officials and (iv) strengthen contractor obligations for HIV/AIDS training for the labor.

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Social Management Framework of KPEC Project (Component II)

In this context, a gender development framework has been prepared which will be considered during the project implementation. Moreover, a gender action plan (GAP) will also be prepared as a section of RAP/ Abbreviated RAP.

Labour Related Impacts

The activities of Component-II will involve a large number of labour during the construction of roads and upgradation of infrastructure.. In addition, in the project area, (most of workers are engaged as labourers in industries (Mullagori Industrial zone is related to the marble production, while Bara Industrial Zone has mix of products like textiles (power looms), detergent powder, plastic shopper (bags), plastic pipe and ice factory, etc.). A Labour Management Framework (LMF) has been included in the SMF to deal with these issues, including impacts on communities due to labour influx. Impact Mitigation Measures Under Component II of KPEC project, the social impacts will be mitigated by screening and preparing & implementing the specific social safeguards instruments including Social Impact Assessment (SIA), Social Management Plan (SMP), Resettlement Action Plan (RAP), or Abbreviated Resettlement Action Plan (ARAP) as the case may be and PCRMP. The losses incurred due to land acquisition, resettlement, livelihood will be compensated in accordance with the RPF and sub-project RAP/ARAP which will be prepared after exact site locations are identified. Public Consultations and Disclosure The primary objectives of the meaningful, gender inclusive & responsive consultations are to examine whether there is broad consensus in support of the development and construction activities and to seek their inputs/feedbacks to avoid or minimize the adverse impacts associated with the activities of Component II of the project; identify the social impacts and mitigation measures; and assess & adopt possible solutions.

Sixteen consultations were conducted covering key stakeholders including manufacturers/industrial owners, workers, local community, officials of concerned institutions (FATA Secretariat, FATA Development Authority (FDA), C&W Department, political administration, training/ vocational institutes). Accordingly, their feedback relating to the concerns, constraints, activities were recorded. A Stakeholder’s Consultation Framework has also been developed and presented in the SMF.

SMF of Component II of KPEC project has been disclosed in a stakeholder’s consultation workshop and accordingly comments have been incorporated. After receipt of the World Bank clearance, SMF will be disclosed at the websites of FATA Secretariatand World Bank.

Gender Development Framework

Women are primarily involved in various household chores, including fetching drinking water from stream/nullah; collecting fire woods in nearby hilly area; washing clothes and household utensils; child rearing and caring and looking after the cattle. Gender issues such as restricted mobility, privacy, limited involvement in decision making and ownership rights, eligibility & entitlements of compensation and, level of income/ livelihood restoration have been identified as factors that may exist.

Keeping in view the above gender issues, a gender development framework associated with the activities to be executed under Component II of KPEC project has been prepared and included in SMF to address the gender related issues during the project implementation.

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Labour Management Framework

Most of the workers are engaged in industries in the industrial zones, i.e. Mullagori Industrial zone is related to marble processing and production, while Bara Industrial Zone has a mix of manufacturers like textiles (power looms), detergent powder, plastic shopping bags, plastic pipe and ice factory, etc. In general, workers/labour work for six days in a week with an average 10 working hours in the industrial zones. None or limited number of women were engaged in employment in industrial zones.

Social amenities such as first aid/health/insurance facilities, waste disposal, hostel arrangements, access roads, transportation/travelling facilities; and electricity were found missing. In order to manage the labour related issues, LMF has been prepared and included in SMF including three components: i). Labour Employment and Working Conditions ii). Labour Camp Management iii). Labour and Local Community Interaction

LMF has been prepared to: (a) promote fair and equitable labour practices for the fair treatment, non-discrimination and equal opportunity of workers; (b) establish, manage and promote a healthy management-worker relationship; (c) protect workers’ rights including migrants & third party workers; and (d) promote healthy, safe, secure and comfortable accommodation that does not impact negatively on the communities in the surrounding area. The recommended measures include (i) encouragement to engage local workers/labourers with the same terms and condition of outside workers/labourers; (ii) putting in place a Grievance Redress Mechanism (GRM) which should be well known to the labourers/workers and accessible; (iii) prohibition of child labor; (iv) no engagement of forced and bonded labour; (v) provision of a safe and healthy working environment to both male and female workers (if any); and (vi) taking steps to prevent accidents, injuries, diseases and appropriate treatment for those suffering from occupational injuries/ diseases; and encourage for insurance facility for workers. Institutional Arrangements The institutional arrangements are required for the implementation of SMF as described below. The Project oversight will be the responsibility of a Project Steering Committee (PSC), which will comprise representatives of the Ministry of Commerce (MoC), Ministry of States and Frontier Regions (SAFRON), National Highway Authority (NHA), the FATA Secretariat and possibly the Khyber Pakhtunkhwa (KP) Government. NHA will establish a Project Implementation Unit (PIU) in Peshawar which will implement both Components I and II. The PIU will also include representatives from the FATA Secretariat and will be supported by consultants who will assist with the implementation of Component II activities that are beyond the technical competence of NHA and for which the FATA Secretariat requires support. .

For the implementation of social safeguard aspects, different entities will be involved including the PIU itself and a Social and Resettlement Management Unit (SRMU) which will be established within the PIU. The proposed composition of SRMU may be as below: i) Deputy Manager, Social and Resettlement: focal person for social and resettlement aspects ii) Assistant Manager (Social): member; iii) Assistant Manager (Resettlement): member.

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Social Management Framework of KPEC Project (Component II) iv) Representative of community based organization (CBO)/ or local non-governmental organization (NGO).

The SIA/SMP,RAP/ARAP and PCRMP (if required) of sub-projects will be prepared by SRMU in accordance with SMF and RPF by hiring a consultant/or by supervisory consultants and these will be submitted to WB for approval. There is a possibility to form a Resettlement Unit (RU) at Sub-Project level (field level) for the implementation of the RAP/ARAP (when RAP/ARAP is prepared). The RU may have the following members, in addition to its own technical staff including an Executive Engineer:  Land Acquisition Collector (LAC)/ Assistant Political Agent  Representative of PIU  Representatives of Contractor  Consultants  Naib Tehsil Dar/Patwari (KP)  Representative of Project Affected Persons Committee (PAPC) (male and female)

A project affected person’s committee (PAPC)/ local Jirga will be formed at the field level with participation from each village. The PIU can engage an Independent Monitoring Agency (IMA) to periodically monitor project activities to ensure compliance with the design and other requirements such as social safeguards. The IMA will also be responsible to monitor the SIA/SMP,RAP/ARAPs and PCRMP (if required) implementation. For this purpose, they will need to periodically visit the site, hold meetings with the PIU, SRMU, RU, and most importantly, the PAPC (Jirga). They will also need to review the documentation related to SIA/SMP,RAP/ARAPs and PCRMP (if required) implementation and particularly review the GRM record. Grievance Redress Mechanism A GRM will be established for Component II of KPEC Project to facilitate amicable and timely resolution of complaints and grievances of the communities including Project Affected Persons (PAPs) regarding social and resettlement issues. For making GRM more effective, the set-up of GRM should be at three different tiers.

 Tier 1 (Village/ Community level – Local Jirga): When a grievance arises, the PAPs (male or female) may contact directly with the village level committee. The committee may resolve the concern at their doorstep. If the issue is successfully resolved, no further follow-up is required. The committee will make all efforts to resolve the issue at village level.

 Tier 2 (Grievance Redress Committee (GRC) at PIU level): If no solution can be found at Tier 1, the PAPs (male and female) may refer concern/grievance to the GRC at PIU2. The GRC will log the complaint along with relevant details in the community Complaint Register (CR). For each complaint, the GRC will investigate and prepare Fact-Finding report and assess its eligibility, and identify an appropriate solution. Accordingly, the concerns will be redressed/appropriately responded. Thus, the GRC will, as appropriate, instruct the responsible entity to take corrective actions. The GRC will review the responsible entity’s response and undertake additional monitoring as needed. During the complaint investigation, the GRC will work in close consultation with the Contractors, the Project Consultants, PIU/SRMU and RU.

2 Project Implementation Unit headed by the Project Director.

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Social Management Framework of KPEC Project (Component II)

 Tier 3 (Project Steering Committee level): If still, the complainant is not satisfied/issue not resolved, then GRC will forward the complaint to Project Steering Committee (PSC) for remedial measures and decisions/grievance(s) will be resolved accordingly.. The GRM will be gender responsive, culturally appropriate, and readily accessible to the PAPs at no cost and without retribution. The detailed grievance process is discussed in SMF. The setting up of an Interactive Voice Response System for receiving both grievances and suggestions about the Project will also be considered. Capacity Development and Training

The key institutions for capacity building includes, i) PIU & SRMU ii) the Contractor, iii) Consultants, line-departments/agencies, local Non-Governmental Organizations (NGOs), and other concerned who will be involved in the implementation of SIA/SMP/SMF, PCRMP and RPF/RAP/ARAPs and other social safeguards instruments.

The technical officials/engineers of NHA as well as FATA Secretariat/ FDA, Contractor staff has limited experience regarding the social safeguard and management. As discussed above, PIU (Peshawar) will be overall responsible for implementation of the social safeguard instruments, therefore, basic training on regulatory requirements, social impact assessment and management would greatly improve the capability of relevant technical staff in carrying out their responsibilities under the proposed KPEC Project (Component II). SMF Budget The tentative SMF budget covering the training and capacity building, third party validation and mitigation measures is estimated to be around PKR 196,350,000. Monitoring and Evaluation

Monitoring of the implementation of SMF/SIA/SMP, PCRMP and RPF/RAP/ARAP will be carried out in two tiers. In the first tier, internal monitoring will be carried out by PIU (Peshawar) with the assistance of SRMU, whereas in the second tier, external monitoring will be carried out by the IMA. The purpose of these monitoring activities is to ensure that the implementation of safeguard documents (SMF/SIA/SMP, PCRMP and RPF/RAP/ARAP) in a timely manner, in accordance with the procedures described in the SMF, and in compliance with the national as well as WB safeguard policies.

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Social Management Framework of KPEC Project (Component II)

INTRODUCTION

1.1 Background

The Project Development Objective (PDO) is to expand economic activity between Pakistan and Afghanistan by improving regional connectivity and promoting private sector development along the Khyber Pass corridor. The project has three components. The first component of the Project focuses on contruction of a road between Torkham and Peshawar while second component will promote development of Khyber Pass Economic Corridor (KPEC). Third component includes the finance cost associated with the project management, i.e. incremental operating costs (IOC). The Social Management Framework (SMF) has been prepared for Component-II. The Project seeks to expand economic activity between Pakistan and Afghanistan by improving regional connectivity and promoting private sector development along the Khyber Pass corridor. Activities under Component-I include the detailed design and construction of the proposed 47 KM long four-lane Peshawar-Torkham Expressway (PTEX), the laying of fiber optic cables in trenches along the expressway, land acquisition and resettlement, afforestation along the expressway, technical and independent reviews and studies. Component-II will promote the integration of private sector actors in the Khyber Agency into global value chains and will have two main sub-components: a) the first sub-component will finance analytical activities required to coordinate and prioritize investments in soft and hard infrastructure in Western Greater Peshawar (WGP) and assure the feasibility and develop detailed designs for prioritized investments; and b) the second sub-component will finance infrastructure investments and will be guided by the analytical activities carried out under the first sub-component. Two social safeguard instruments have been prepared for Component-II of KPEC project: i). Social Management Framework (SMF) ii). Resettlement Policy Framework (RPF)

RPF has been prepared as a separate standalone document to deal with land acquisition, resettlement and rehabilitation issues and SMF focuses on other social issues.

1.2 Social Management Framework

Social Management Framework (SMF) has been prepared as a part of Consolidated ESMF. This SMF is proposed as an instrument to identify, assess, mitigate and monitor social risks associated with the activities to be undertaken under the component II of KPEC Project. Since the exact nature, scope and scale of interventions under the Component II of KPEC are not fully defined yet, a framework approach has been followed for social safeguards and SMF has been prepared for appraisal. The first part of the Framework will consist of Environment Framework while the SMF will form the second half of an overall ESMF.

1.2.1 Purpose of the Social Management Framework

Given the fact that the locations and the sites details under the project are not known yet/ or partially known, the SMF is prepared as an instrument to identify, assess, mitigate and monitor social risks associated with proposed activities under Component II of the project. The main purpose of preparing the SMF is to formulate appropriate social safeguard principles and provide technical guidelines to identify impacts, prepare safeguard plans,

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Social Management Framework of KPEC Project (Component II) and mitigate adverse impacts likely to arise from the activities financed under Component II during implementation. SMF spells out strategies and principles for identifying affected individuals, families, communities, and to assess potential social impacts of different activities to be implemented, and suggests measures to avoid/minimize and manage any adverse impacts.

Specifically, the SMF will provide guidance to:  Ensure compliance and due diligence with World Bank’s social safeguard policies as well as with related Government of Pakistan (GoP) policies, regulation, guidelines and procedures as applicable to the type of activities financed by the project;  Minimize potential adverse social impacts of the activities as a result of either individual sub-component or their cumulative effects;  Ensure that social issues related to the component are thoroughly evaluated and necessary interventions are incorporated in planning, decision making, and implementation of component activities;  Identify possible measures to enhance positive social outcomes; and  Provide a mechanism for consultation and disclosure of information.

1.2.2 Scope of Work of SMF

In accordance with TOR, the scope of work of SMF includes:  Review of legislation relevant to social safeguards of the GoP to define procedures for land acquisition, preparation of social assessment, resettlement plans etc. The task should also include a review of World Bank safeguard policies, standards and procedures. The review will also include a gap analysis of the country legislation and World Bank (WB) social safeguards. The measures to bridge these gaps should also be included in this section;  Collect and present the broader socioeconomic baselines of the anticipated Component-II areas;  Develop a screening methodology for potential specific Component II to identify social impacts and risks, develop a social risk classification matrix and criteria and process for the identification of appropriate safeguards instruments;  Based on above methodology, screen potential impacts of the proposed investments that may arise as a result of the proposed Program and specific investments and recommend effective measures to mitigate the adverse impacts;  Present frameworks related to mitigation of potential social impacts of Component II. These are expected to include the following:  Assess the land requirements and specific approaches to deal with land acquisition and resettlement issues  Gender Framework – provide an assessment of gender impacts under Component II and framework to assess and mitigate gender issues  Stakeholder Consultation and Participation Plan  Labour Management Framework  Physical Cultural Resources and Chance Find procedures  Grievance Redress Mechanism

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Social Management Framework of KPEC Project (Component II)

 Any other framework assessed to be required for mitigation of social impacts.  Review the institutional structure and the Client’s capacity for the Program implementation throughout the Component II duration; develop a process (incl. timeline, budget, organizational requirements, required trainer expertise) for building and enhancing the capacity of the institutions responsible for implementing the SMF;  Establish a clear understanding of the institutional requirements, roles and responsibilities for adopting and implementing the SMF. The SMF should also consider relevant implications for management procedures and training, staffing, operation and maintenance, budgeting and financial support;  Carry out consultations with relevant stakeholders during preparation of SMF;  Devise the monitoring and evaluation mechanism to be followed. This should cover the internal as well as the external monitoring and evaluation;  Identify and recommend additions to bidding documents and contracts to reflect social management issues;  Disclose the draft SMF to all stakeholders in a workshop and invite their feedback and suggestions;  Revise the draft SMF to incorporate stakeholder feedback and prepare draft final for review and input by the World Bank;  Estimate a realistic budget to be allocated for timely implementation of the SMF in the Program execution phase. 1.3 Principles and Methodology For the preparation of SMF, primary and secondary data was collected. Primary data was collected through site visits, transact walk, consultations with officials of concerned departments/authorities and local communities located within the surrounding of the project area/alignment. Secondary data sources included projects maps/Google maps, project related design data and reports, economic survey of Pakistan 2016-17, Multiple Indicators Cluster Survey (2009), Population of FATA Census (2017), World Bank Operational Policies (OPs), labour laws & regulations and other relevant reports/documents.

Field visits were made from 8-12 September, 2017 and 15- 21 September, 2017. Sixteen consultations were made with 102 participants including officials, manufacturers, workers, teachers/instructors of vocational institutes; local community members; and political administration (Political Tehsildar). Their feedback/concerns relating to the project preparation, design and implementation were also recorded. All collected data/information from different sources was tabulated and analyzed. The screening of social impacts has been carried out based on the nature and magnitude of impacts including status of land acquisition, land ownership, land use category, impact on other assets, i.e. structures, trees, crops and relocation of public utilities/infrastructures, labour and gender issues and other social issues during construction. All collected data/information from different sources were analyzed to derive results and compiled in the form of SMF.

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Social Management Framework of KPEC Project (Component II)

DESCRIPTION OF THE PROJECT This Chapter of SMF presents the description of the proposed project and its components. The proposed project has the following three components:  Component I3: Expressway Development (US$ 403.25 of which expected IDA financing is US$ 383.0 million). This includes the detailed design and construction of the proposed 47 Km long four-lane Peshawar-Torkham Expressway (PTEX), The laying of fiber optic cables in trenches along the expressway, land acquisition and resettlement, afforestation along the expressway, technical and independent reviews and studies. The PTEX Corridor is a new controlled access expressway which will provide a reliable and safe driving environment with higher travelling speeds.  Component II: Development of the Khyber Pass Economic Corridor (US$75 million, of which IDA is US$72 million). This component will promote the integration of private sector actors in the Khyber Agency into global value chains and will have two main sub-components: i) Technical Assistance (TA): The first sub-component will finance analytical activities required to coordinate and prioritize investments in soft and hard infrastructure in Western Greater Peshawar (WGP) and assure the feasibility and develop detailed designs for prioritized investments. The first sub-component will build upon an interim ‘Geo-Referenced Local Master Plan (GeoLoMaP)’ prepared over the second half of 2017 and which identified existing and under-construction infrastructure in WGP and documented infrastructure proposed by stakeholders. In particular, the sub-component will finance the preparation of a Spatial Master Plan for WGP to institute structures and processes for coordinating development activities between federal, provincial, bilateral, multilateral and private-sector stakeholders; prioritize investments in public infrastructure; and identify regulatory barriers to economic development in WGP. The TA will include efforts to build the capacity of a FATA Urban Policy and Planning Unit. Concurrent to the development of the SMP, this component will finance feasibility studies and engineering designs for infrastructure priorities identified in the preparation of the GeoLoMaP, which include the: an integrated logistics hub (encompassing truck terminals, freight handling, and/or marshalling yards) and industrial/commercial infrastructure to support SME development in viable locations in WGP; branch roads connecting KPEX to the local and national road networks; the development of the urban centers of Jamrud and Landi Kotal; and an international bus terminal, located in Hayatabad or Chamkani, to service buses traveling between Afghanistan and

3 The existing Peshawar-Torkham road is part of the National Highway N-5 that traverses the historic Khyber Pass which has great historical significance and has been an important trade route between Central and South Asia. The 400-year old existing carriageway is a 6.0-meter-wide, two-lane facility with earthen shoulders. Speeds at some sections of the existing sections are less than 5 km per hour due to steep slopes. It takes a semi-trailer slightly over 2 hours to travel the 40 km between Peshawar and Torkham. This is expected to be reduced by more than half. The proposed expressway is an extension of the Karachi-Lahore-Islamabad- Peshawar Trans-Pakistan Expressway System as well as part of the Peshawar-Kabul-Dushanbe Motorway and is part of the Central Asian Regional Economic Cooperation (CAREC) Corridors 5 and 6. The envisioned improvement under this project complements ongoing efforts by the Asian Development Bank (ADB) to improve the conditions at the border crossing at Torkham. The ADB project is financing modern and sufficient examination and processing yards, container/vehicular and baggage scanners; and facilities to manage the movement of people. These investments together with the PTEX will substantially increase the efficiency of along these corridors and attract transit traffic that currently goes through the ports of Iran. Improvements to the existing highway are constrained by heavy population settlements on either side, a railway line running adjacent to the road, and steep gradients and sharp curves that are difficult for large multi-axle commercial trucks to negotiate. Geometrics are inadequate to cater for the modern high speed heavy vehicular traffic. The proposed four-lane expressway will be built on a new alignment with much improved geometry and will be constructed as a dual highway facility with a 7.3-meter-wide carriageway on each side and 3.0-meter-wide treated shoulders. 4

Social Management Framework of KPEC Project (Component II)

Pakistan. The TA sub-component of this component will also finance activities to: document, preserve, and promote the cultural heritage of the Khyber Pass and to develop mechanisms to leverage this cultural heritage for economic development; identify sites of cultural and historical significance; and the identification, development and promotion of sites and products of special cultural and/or historical interest. ii) Infrastructure Investments: Investments under the second sub-component will be guided by the Spatial Master Plan and feasibility studies financed by the first sub- component. Subject to the results of these studies, this component may finance the development of the following types of infrastructure across the WGP area:  Local road infrastructure and urban development;  Sites of special cultural, historical, and tourist value;  Traffic management mechanisms for the N-5 (existing Peshawar Torkham road), including weighing stations and enforcement mechanisms;  Development of an integrated logistics hub and industrial/commercial infrastructure in viable locations in WGP (in partnership with private sector actors);  Construction and/or upgrading of roads to ensure connectivity between KPEX, urban centers in WGP, and other key national roads (N-55, M-1, Northern Bypass, Aza Khail Dry Port etc.); and  An international bus terminal to connect bus services to/from Afghanistan, the Peshawar Bus Raid Transit system, and domestic bus services.

 Component III: Project Management (US$ 5.0 million, of which IDA is US$ 5.0 million): This component will finance incremental operating costs (IOCs) for the project, and consultants (firms/individuals) to support implementation of Component II.

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Social Management Framework of KPEC Project (Component II)

SOCIOECONOMIC BASELINE CONDITIONS

This Chapter provides some salient information on the selected indicators of the project area relating to Component II located in the jurisdiction of KP and FATA. The project activities under Component II will primarily focus on areas around Peshawar and FATA (agencies including Khyber, Mohmand, Bajaur and others). A brief description pertaining to the project area is given in the following section.

3.1 Overview of Peshawar Valley

The Peshawar Valley4 lies between the Khyber Pass and the Indus River, in Khyber Pakhtunkhwa province of Pakistan. There are four main towns in Peshawar Valley: Peshawar, Mardan, Nowshera and Charsadda. The area is girdled on all sides except its eastern perimeter by a rim of rugged and barren hills. At the western end of the valley in the shadow of the highest visible peaks and thirty miles from the border of Afghanistan, the ancient town of Peshawar is situated, from which the Valley derives its name. Once the western terminus of India’s Grand Trunk Road, it is now better known to the world as the eastern terminus of the Afghanistan-Pakistan trade route through the Khyber Pass. The large basin drains into the Kabul River. The valley supports a wide range of flora and fauna. Orchards (date groves), and green fields are found in case of availability of water and otherwise there is little natural cover except along the banks of the water streams.

Subsistence agriculture forms the base, with wheat, barley, millet, corn, cotton, peppers and sugarcane being the primary crops. There are two planting and harvesting periods, one for wheat and barley in winter and another for corn in summer. Planting and harvesting of sugarcane overlaps both the periods. These crops are supplemented with a variety of vegetables, and with clover which is used in conjunction with millet as a fodder. In many villages, there are extensive pear, peach and apricot orchards, and grape vineyards. Tobacco is also an important crop near the town of Nowshera. Wheat, cotton, chilies, tobacco and sugarcane are grown for the markets as well as for local consumption.

In addition to use chemical fertilizer, animal manure is also important and being used in farm fields. Domestic animals (livestock) are important to supplement the household income. Goats and sheep are grazed on stubble or in marginal area between the cultivated areas. Hunting, fishing and the collecting of wild honey are popular pastimes, but are otherwise not seriously pursued for a living.

The Government has developed the water system by construction of a barrage on the Kabul River at Warsak. There is a heavy scarcity of water in the valley. The extent of water scarcity can be seen not only in the irrigation system, but also in the supplementary techniques for controlling and utilizing water. The Persian wheel is used extensively in the north-eastern quarter of the Valley. The paddle wheel which is powered by water and simultaneously lifts water in container attached to the blades, is popular where the land is higher than canal. In some of the villages, in the south-western quarter, there is local version of the Iranian quant, or underground water channel. Those who can afford it are also experimenting with modern pumping devices.

Human settlement in the valley is oriented primarily to the agricultural patterns of life and to the water supply. Hundreds of villages and hamlets are scattered throughout the valley. In the well-irrigated northern half of the Valley, these are dispersed along the vast network

4 Source: Official Website of GoKP: http://kp.gov.pk/page/peshawar1.

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Social Management Framework of KPEC Project (Component II) of primary and subsidiary channel. In the Southern half of the Valley, which is poorly irrigated, the settlements tend to cluster along the few perpetual rivers and streams. The typical village is compact, irregular cluster of buildings and walls, with narrow streets and no central square or meeting place. Most buildings are one-storied and made of mud, sun- dried bricks and timber. The village is divided into wards, which are not always physically discrete, but which are never the less socially distinct. In the most cases the wards are actually separated by alleys or short stretches of open land. The average village includes about eight hundred peoples. A few large villages have between four and six thousand peoples. The villages are situated close to the cultivation lands which are patchwork of small, irregular plots separated by ridges and interspersed with water channels, cart roads and foot paths. The lands of one village are generally continues with those of several others, and in many cases the boundary is formed by jointly-used water channels.

Settlements are restricted largely to narrow mountain streams. As a result, the tribal village appears as a series of small walled compounds strung out along the streams. Interwoven with the agriculture life of the valley is an ancient pattern of industry and trade, in which the village is relatively self-sufficient but still intimately connected with the town, and the town is intern both dependent on the village and on far-flung trade relation with Afghanistan, Central Asia and other parts of the Country. In the villages, there are carpenters, blacksmith, weavers, potters, barbers, priest, school teachers, midwives and various other specialists who provide most of the basic goods and services required in a village subsistence economy.

3.2 FATA Region

3.2.1 Historical Background

The areas that today make up FATA5 were once part of the battleground, on which the great game of imperial domination was played in the 19th century. For the British colonial administrators of India, effective control of the region was important for the defense of their Indian possessions, serving as a safeguard against Russian expansionism in Central Asia. It proved difficult, however, for the colonial government to establish its writ in the tribal areas. The tribal people were free to govern internal affairs according to their tribal codes, while the colonial administration held authority over all matters related to the security of British India in the administered areas. Between 1871 and 1876, the colonial administration imposed a series of laws, such as the Frontier Crimes Regulations (FCR). These regulations, based on the idea of ‘collective territorial responsibility’, provided for dispute resolution to take place through a jirga (council of elders). However, this arrangement also proved to be ineffective to control the region. In 1901 a new ‘Frontier Crimes Regulation’ was issued that expanded the scope of earlier regulations and awarded wide powers, including judicial authority to administrative officials. In the same year, a new administrative unit, then North-West Frontier Province (NWFP) was created by carving out parts of the then Punjab province and adding certain tribal territories to it. The province, as it was constituted at the time, included five settled districts (Bannu, Dera Ismail Khan, Hazara, Kohat and Peshawar), and five tribal agencies (Dir-Swat- Chitral, Khyber, Kurram, North Waziristan and South Waziristan). The institution of the Political Agent (PA) was created at this time. Each agency was administered by a PA who was vested with wide powers and provided funds to secure the loyalties of influential elements in the area. It was also during this period that the Maliki system was developed, to allow the colonial administration to exercise control over the

5 Source: Official website of FATA: https://fata.gov.pk/Global.php?iId=28&fId=2&pId=23&mId=13.

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Social Management Framework of KPEC Project (Component II) tribes. Under this system, local chiefs (maliks) were designated as intermediaries between the members of individual tribes and the authorities, and also assisted in the implementation of government policies. Some 30 instruments of agreement were subsequently signed, strengthening this arrangement. Mohmand Agency was included in FATA in 1951, and Bajaur and Orakzai in 1973. The instruments of agreement, signed in 1948, granted the tribal areas a special administrative status. Except where strategic considerations dictated, the tribal areas were allowed to retain their semi-autonomous status, exercising administrative authority based on tribal codes and traditional institutions. This unique system was crystallized in Pakistan’s Constitution of 1973.

3.2.2 Administrative System

Constitutional Status of FATA: Under the Constitution, FATA is included among the territories of Pakistan (Article 1). It is represented in the National Assembly and the Senate but remains under the direct executive authority of the President (Articles 51, 59 and 247). Laws framed by the National Assembly do not apply here, unless ordered by the President, who is also empowered to issue regulations for the peace and good government of the tribal areas. Today, FATA continues to be governed primarily through the FCR 1901. It is administered by the Governor of the KP in his capacity as an agent to the President of Pakistan, under the overall supervision of the Ministry of States and Frontier Regions in Islamabad.

FATA Secretariat: Until 2002, decisions related to development planning in tribal areas were taken by the FATA section of the KP Planning and Development Department, and implemented by KP Government line departments. The FATA Secretariat was set up in 2002, headed by the Secretary FATA. The Civil Secretariat of FATA was established in 2006 to take over decision-making functions, with an Additional Chief Secretary, four secretaries and a number of directors. Project implementation is now carried out by line departments of the Civil Secretariat FATA. The KP Governor’s Secretariat plays a coordinating role between the Federal and Provincial Governments and the Civil Secretariat, FATA.

Political Administration (Political Agent): Each tribal agency is administered by a Political Agent (PA), assisted by a number of Assistant Political Agents (APAs), Political Tehsildars (administrative head of a Tehsil) and Naib Tehsildars (Deputy Tehsildar), as well as members from various local police (Khassadar) and security forces (levies, scouts). The PA oversees the working of line departments and service providers in the agency. He is responsible for handling inter-tribal disputes over boundaries or use of natural resources, and for regulating trade in natural resources with other agencies or settled areas. The PA also plays a supervisory role/ project coordinator for the implementation of development projects/ schemes and chairs an Agency Development Sub-committee, comprising of various government officials, to recommend proposals and approve development projects.

A Frontier Region (FR) is administered by a Deputy Commissioner of the respective settled district, who exercises the same powers in the FR, as the PA does in a tribal agency. The tribes regulate their own affairs in accordance with customary rules and codes. The government functions through local-level tribal intermediaries i.e. Maliks (representatives of the tribes) and Lungi-holders (representatives of sub-tribes or clans), who are influential members of their respective clan or tribe.

Judicial System: The people of FATA elect members to the federal legislature. A system of municipal committees exists in Parachinar and Sadda (in Kurram Agency) and Miranshah (North Waziristan Agency), which are providing civic services. All civil and

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Social Management Framework of KPEC Project (Component II) criminal cases in FATA are decided under the Frontier Crimes Regulation 1901 by a Jirga (council of elders). Residents of tribal areas may, however, approach the courts (Supreme Court of Pakistan and Peshawar High Court) with a constitutional writ challenging a decision issued under the 1901 Regulation. Most disputes are settled internally, more serious matters may require the calling of a larger jirga made up of maliks, elders and the PA, members of the National Assembly and Senate, and occasionally even representatives from neighboring agencies or Frontier Regions (FRs). Moreover, within the family women can be called in a Jirga to present her case against another family member. However, outside the family in a tribe level Jirga, she is then represented by a male family member. However, disputes against male relatives within the family she can personally present her case. Exact nature of female involvement varies by tribe.

3.2.3 Security Situation in FATA

In recent years, the FATA and KP regions have experienced a significant militancy crisis, fueled in part by years of regional instability and more recently by the US invasion of Afghanistan, and underpinned by decades of poor governance. In early 2009, the government launched major security operations to root out pockets of militants, and a second security operation was launched in 2014 in five FATA Agencies. Significant damage to physical infrastructure and services led to a large number of Temporarily Displaced Persons (TDPs) losing their homes and livelihoods - approximately 3 million people were displaced. The militancy crisis affected not only TDPs but also those who stayed behind, some of whom being just as poor and vulnerable as the TDPs. Many TDPs from the 2009 militancy crisis have gone back to their original locations. However, there are families that have chosen not to go back since they do not have resources to rehabilitate their homes, or their area lacks basic facilities and livelihood opportunities are low. In spite of the militancy and frequent military operations, the security situation has improved significantly but continued vigilance is required.

3.2.4 Tribal and Ethnic Diversity

Tribes: FATA is characterized by a strong tribal structure and very rich ethnic diversity and cultural heritage. There are about a dozen major tribes with several smaller tribes and sub-tribes. Utmankhel, Mohmand, Tarkani and Safi are the major tribes living in Bajaur and Mohmand agencies. Afridi, Shilmani, Shinwari, Mulagori, Orakzai are settled in Khyber and Orakzai agencies, while the FRs of Peshawar and Kohat are occupied by Afridis. Moreover, Turi, Bangash, and Masozai inhabit Kurram Agency. The major tribes of North and South Waziristan are Darwesh Khel Wazirs, with Mahsuds living in the central part of the region. Other tribes of the region include; Utmanzai, Ahmadzai Dawar, Saidgai, Kharasin and Gurbaz. The Bhittani tribe occupies Frontier Region (FR) Lakki and Tank, while, the Wazirs belong to FR Bannu. Lastly, the Ustrana and Shirani tribes live in FR DI Khan.

Maliki System. Pukhtoon (or Pashtoon) society is composed of different tribes. These tribes are led by their respective leaders in their affairs. These tribal leaders are usually known as Maliks. The mechanism through which these Maliks represent the common tribal people is known as Maliki system. The Maliki system in tribal areas was started in 1890. The idea behind this was to control the local people indirectly through their own leaders. Their duty was to identify those who were causing disorder, and at that time they were given monetary benefits known as Lungi. There were also stipends for common people known as moajab. The Maliki is hereditary and it goes to son after the death of his father. The Maliks are of two types; the lungi-holder, who is recognized by the Political Agent, and non-lungi holder who is not recognized by the Political Agent.

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Social Management Framework of KPEC Project (Component II)

The Malik distributes the moajab in the community according to predetermined shares by family and also collects various fines from the tribes imposed by the government. He settles the disputes among the community members through Jirga (council of elders). He is the legal representative of the government and only he can verify and attest the documents of the people and he has the authority to bail out a person who is arrested by the Political Administration. He serves as the witness and guarantor in land purchasing cases. The Malik also serves as authority by allowing the outsiders to reside in the community. The Development schemes are processed through a tendering system at FATA Secretariat through open applications.

The PA grants the status of Malik to tribal elder (with the consent of the Governor). But the Political Agent can also arbitrarily withdraw, suspend or cancel a Malik’s status if he deems that the individual is not serving the interest of the state.6

Pakhtunwali Code: Pakhtuns follow Pakhtunwali which literally means ‘the way of the Pakhtuns’. This is a tribal honor code that has governed the Pakhtun way of life for centuries. There are many primary and secondary codes that govern every aspect of Pashtun life, but key codes are Melmastia (hospitality), which requires that any person be afforded the host’s protection while in his care; Badal (revenge), in the defense of honor, which is equal to but not exceeding the original insult; Zmaka (land), involves the protection of one's land or property; and Nanawatay (asylum, mercy), derived from the verb meaning “to go in”, this is used to describe protection extended to a person who requests protection against his/her enemies even if the request for asylum and protection is sought among the enemy7.

Customs and Dress: The cultural heritage of FATA is very rich in terms of hospitality, tribal arts and crafts, historical places, ethnic diversity and natural beauty. The tribes are accustomed to looking after their own resources and solving local problems. They take collective action in support of economic and social activities such as, supporting each other on special occasions like death and marriage ceremonies, harvesting and threshing of crops, construction of Hujras (a meeting place), mosque and other buildings, the cleaning of irrigation channels, protection from flood, maintaining paths, wood and grass cutting. The Jirga system and the Maliki system are strong and powerful local institutions for the reconciliation and resolution of local disputes and to punish those who violate the local rules and customs. Traditionally, the household head has a strong hold and decision- making power for the whole family. The likelihood of divorce or separation in tribal society is negligible. The tribesmen wear their traditional clothes, which includes a turban. The women-folk generally use printed clothing and observe purdah from outsiders. A lot of money is spent on local ceremonies, particularly on marriages, funerals, birth and other ceremonies/festivals like the celebration of Eid and performing Haj.

Sports: People of FATA are fond of games and sports, which are essential for healthy living and positive growth of the youths. There are a variety of local games and sports played commonly all over the region, both indoors and outdoors. These include; hunting, wrestling, cricket, football, swimming and local children’s games and others and many other games. Despite the sports enthusiasm of its people, the region generally lacks sports facilities.

6 Excerpts from ‘Role of Malik In Tribal Society: A Dynamic Change After 9/11’ by Dr. Muhammad Akbar Malik. Pakistan Annual Research Journal, Vol. 49, 2013. 7 Adapted from “Peoples and Ethnic Groups – Pashtunwali: The Code”, http://uwf.edu/atcdev/Afghanistan/People/Lesson6Pastunwali.html, accessed on Oct 3, 2017.

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Social Management Framework of KPEC Project (Component II)

3.2.5 Demographic Features

I. Population and Population Density

As per Population Census (2017; provisional results, detailed results are not yet available), total area of FATA is 27,220 square kilometes and the population is 5.0 million indicating the population density of 184 persons/ sq. km. The population density is ranging from 103 to 848 in case of agencies (south Waziristan and Bajaur respectively), while such range is to the extent of 30 to 266 persons/ sq. km in case of FRs (FR Tank and FR Kohat respectively). The details are presented in Table 3.1. The annual growth rate of population is 2.89%, 2.41% and 2.40% for Khyber Pakhunkhwa, FATA and Pakistyan respectively (Table 3.2).

Table 3.1: Area and Population Density in FRs and FATA Agency/ FR Area Population Population Remarks (Sq. km.) (Nos.) Density (Persons/Sq. km) FATA 27,220 5,001,676 184 i) Bajaur 1,290 1,093,684 848 Highest population density ii) Khyber 2,576 986,973 383 iii) Kurram 3,380 619,553 183 iv) Mohmand 2,296 466,984 203 v) North Waziristan 4,707 543,254 115 vi) Orakzai 1,538 254,356 165 vii) South Waziristan 6,620 679,185 103 viii) FR Bannu 745 43,114 58 Low population density ix) FR D.I. Khan 2,008 68,556 34 Low population density x) FR Kohat 446 118,578 266 xi) FR Lakki 132 26,359 200 xii) FR Peshawar 261 64,691 248 xiii) FR Tank 1,221 36,389 30 Low population density Source: Population Census of FATA (2017). II. Average Household Size and Gender Ratio The household size refers to the no of male and female members in the house. The summarized in Table 3.2 reveals that on the whole, the average size of household is to the extent of 7.9 and 9.0 for Khyber Pakhtunkhwa and FATA respectively, while such figure is 6.4 for Pakistan on overall basis.

The gender ratio refers to the number of females/ 100 males. The gender ratio is 102.74 and 104.54 for Khyber Pakhtunkhwa and FATA respectively, while such ratio is to the extent of 105.07 in case Pakistan on overall basis. The gender composition by FR and FATA is presented in Table 3.3. III. Extent of Rural and Urban Population The data summarized in Table 3.2 depicts that a major proportion of the population is belonging the rural area which accounted far 81.23% for Khyber Pakhtunkhwa and 97.16% for FATA, which such proportion is to the extent of 63.62% in case of Pakistan on overall basis. In case of Urban population, the corresponding figures are 18.77% for Khyber Paktunkhwa, 2.84% for FATA and 36.38% on the whole for Pakistan. Thus it can be concluded that a major proportion (greater than 80%) population is rural both in case of KP

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Social Management Framework of KPEC Project (Component II) and FATA. in case of KP, while in case Pakistan, on the whole about two-third population is belong to rural areas.

Table 3.2: Demographic Indicators (Pakistan, KP and FATA, 2017) Indicator Pakistan KP FATA Geographical area (sq.km) 796,096 74,521 27,220 Annual population growth (%) (1998- 2017) 2.40 2.89 2.41 Average household size (No. of persons/ HH) 6.4 7.90 9.0 Gender Ratio (%) 105.07 102.74 104.54 Rural population (% of total) 63.62 81.23 97.16 Urban population (% of total) 36.38 18.77 2.84 Population density (persons/sq. km) 261 410 184

Table 3.3: Population and Gender Composition in FR and FATA (2017) Agency/ FR Total Male Female Transgende Gender Population (Nos.) (Nos.) r (Nos.) Ratio8 (Nos.) FATA 5,001,676 2,556,292 2,445,357 27 105 i) Bajaur 1,093,684 557,160 536,520 4 104 ii) Khyber 986,973 505,475 481,487 11 105 iii) Kurram 619,553 308,704 310,846 3 99 iv) Mohmand 466,984 238,003 228,981 - 104 v) North Waziristan 543,254 280,232 263,015 7 107 vi) Orakzai 254,356 127,477 126,879 - 100 vii) South Waziristan 679,185 357,889 321,294 2 111 viii) FR Bannu 43,114 22,298 20,816 - 107 ix) FR D. I Khan 68,556 35,361 33,195 - 107 x) FR Kohat 118,578 59,733 58,845 - 102 xi) FR Lakki 26,359 13,612 12,747 - 107 xii) FR Peshawar 64,691 31,563 33,128 - 95 xiii) FR Tank 36,389 18,785 17,604 - 107 Source: Population Census 2017.

3.2.6 Land Use Pattern

The land use pattern refers the extent of land utilization by various land use categories. Bureau of Statistics FATA (2017) data presented in Table 3.4 reveals that on the whole, 14.4 percent of the reported area is culturable area9, while the extent of cultivated area is 8.12 percent. Out of which 38.93 percent is irrigated area, while remaining (61.07 percent) cultivated area depends relies on rainfall. The area under forest is to the extent of only 1.8 percent. As far as population density is concerned, the average number of persons is 18 and 40 per cultivated hectares indicating the extent of dependency on the farm land.

Table 3.4: Land Use Pattern in FATA Land Utilization Area (ha) Percent Remarks Reported Area 2722,000 - - - Culturable Area 390,500 14.35 Percent of reported area

8 Gender ratio refers to No. of females/100 males. 9 Culturable area is equal to the cultivated area plus cultivable waste. 12

Social Management Framework of KPEC Project (Component II)

- Cultivated Area 220,900 8.12 “ - Culturable Waste 169,600 6.23 “ - Forest Area 49,000 1.80 “ - Irrigated Area 86,000 38.93 Irrigated area is equal to 38.9% of the cultivated area. Source: Development Brief of FATA, 2008-09 – BOS, FATA.

3.2.7 Occupations and Livelihood

There are limited livelihood opportunities available in the area, however, there are the industries/ factories of marble, mining, pipes, steel, match, pharmacy, weaving and others. The most of the local skilled and unskilled workers/ labour is employed in these factories. The livelihood is mainly pastoral, with agriculture/ farming in plain and fertile land. Most of the rural households supplement their household income through livestock rearing. Others area involved in trade/ small-scale business including shops, handicraft, stitching, fuel agencies etc. The women are involved in farming, colleting fire wood, fetching water, washing clothes, fodder cutting, look after families/ family obligations. Some of the people are working in and outside the country. Inside the country main cities include Peshawer, Bannu, DI Khan, Islamabad, Karachi, Lahore and some other cities, while in case of abroad, Dubai, Saudi Arabia and other middle-east countries. The remittances (in-land and outside the country) is also a source of household income/ livelihood. Some of the families have also migrated in nearby cities and within the country.

3.3 Socioeconomic Conditions

Based on the data collected for the preparation of Resettlement Action Plan (RAP) for Component-I (i.e. Peshawar-Torkham Road), this section has been prepared as under the Component II the locations/ target group was not fully identified. However, the socioeconomic conditions under Component I and II are similar, so that based on the data collected from 98 randomly selected project affected persons (under Component I), the findings of major socioeconomic aspects are as below:

 The average household size is 8 persons. The majority of families are living as an extended/joint family system in the same compound that includes 18.2% as an extended and 54.6% as joint family system, while only 27.27% are living as nuclear households.  The major sources of income in the project area are business (shops, stores, auto workshops etc.), services (trucks & trailers drivers), labor, remittances from abroad, etc.

 The average monthly household income was estimated to be Rs. 34,755 and Rs. 4,344 on per capita basis. The poverty line comes out to be Rs. 22,250. The major concerns of women are that the access to basic amenities including drinking water, nearby stream (s)/ nullah (locally named as Khuar), mobility for routine activities (collecting fire wood, fetching of drinking water) and privacy should not be affected.

3.4 Mohmand Marble City

The MMC, is an Industrial Zone being developed by the GoP through the FATA Secretariat, is one of the entities for the interventions proposed under Component II of the Project.

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Social Management Framework of KPEC Project (Component II)

The key features of this location are as below:  There are 6 villages located in the surrounding of this industrial zone named as Banglo-1, Banglo-2, Kashi Kor, Karerai, Dab Kor, and Parato Ghundai. The total population of these villages is estimated at about 11,000 persons. Dadu Khel and Qasim Khel are the main tribes in the area.  The main enterprises in the area are: farming; livestock rearing; dairy farming; small business enterprise/ shops (grocery, electric hardware vegetables/fruits confectionery, general stores; fertilizer shops; utensil shops); marble factories and clinics.  The main occupations in the area include: government service, private service, teachers, engineers, engineers; doctors; lady health visitors; laboratory technicians; postmen; dispensers; electricians/technicians/machine operators; computer operators and drivers; guards; postmen; dispensers; doctors; lady health visitors; laboratory technicians; and. drivers.  The size of land holding in the area is ranged from 0.5 acre to 12 acres. Major crops grown in the area are wheat, barley, sugarcane, vegetables, and tobacco. Generally, there is self-cultivation and not sharecropping practice in the area.  The available education institutions in area include: 9 primary schools (5 for boys & 4 for girls) and 2 high schools (one for males and one for females).  The basic infrastructure available in the area includes: few roads (i.e. Mohmand agency & MM city roads); two basic health units; electricity with heavy load shedding; mobile service, while land line facility installation is in progress. There is no access to natural gas in the area. The household income is presented in Table 3.5 below. Table 3.5: Average Household Income in the Area Number of Households Average Household Income Remarks (Rs./ annum) 20 to 30 More than 5.0 million High living standard 100 to 150 1.5 to 2.0 million Average living standard 300 to 400 0.8 to 1.0 million Low living standard 500 to 600 Upto 0.5 million Low living standard

3.5 Other Information

I. Perchavi Industrial zone

There is another Industrial zone named as “Perchavi Industrial zone”, which is about five kilometers away from MMC. The main feature of this IZ is summarized as below:  Most of industrial units are related to marble processing, while a few of them are linked with mechanical works.  Most of the workforce is from adjacent villages. No dry port exists in the area.  The average size of existing industrial plot is half an acre.  Constraints includes: heavy load shedding of electricity, effluent from marble industry being directly disposed to the Kabul river, non-existence NGO & CBOs However, Jirga system is quite effective in the area and all local people accept the decisions of local Jirga regarding all local conflicts/ disputes.

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Social Management Framework of KPEC Project (Component II)

II. Parato Ghundai Village

There is a village nearby MMC (Phase II) named as Parato Ghundai consisting of nine houses including 81 family members (21 males, 24 females, 29 children and 7 elders). Their major source of income is labor, working abroad, driving, farming and livestock.

During the consultation meeting on 19-Sep-2017, the villagers (Mr. Dilawaiz Khan and Mohib Khan) pointed out that due to the construction of MMC IZ, the amount of land compensation and structure compensation is not adequate to reestablish the same. However, the people are happy with the construction of MMC to have potential employment opportunities in future. In this context, the Political Tehsil Dar, Ekka Ghund (Mr. Amir Nawaz) and Manager Industries (FDA) ensured to resolve the issue of adequate compensation to the affectees and provide employment as MMC is operational. However, the contractor has already employed a number of villagers’ working inside the MMC construction activities.

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Social Management Framework of KPEC Project (Component II)

LEGAL AND POLICY FRAMEWORK

The legal and policy framework has been discussed for both Khyber Pakhtunkhwa (KP) and Federally Administered Tribal Area (FATA) in this Section. Presently the activities of Component II are located in the jurisdiction of FATA, but in future/ or at the time implementation, most likely some associated interventions/ activities may fall in the area of KP; then this section of legal and policy framework will provide the guidelines to manage the portion belonging to the KP.

All government laws, acts and legislations are applicable in the case of areas that fall in KP, while in case of FATA, the constitution provides a special mode of governance under tribal customs and traditions through a Political Agent (PA), who acts as a representative of the federal government.

4.1 Constitution of Pakistan (1973)

The Khyber Agency is a part of FATA, as defined in Article 246 (c) of the constitution of Islamic Republic of Pakistan. Since accession agreement signed in 1947, Pakistan also retained the semi-autonomous status of the area with the Governor General assuming direct administrative jurisdiction over it. Except for minor changes, the 1956, 1962 and 1973 constitutions of Pakistan retained the same arrangements. Accordingly, under Constitution of 1973, the executive authority over FATA rests with the President who exercises his authority through the Governor of KP Province as his agent. Under article 247(3) of the Constitution of Pakistan, acts of Parliament do not apply to FATA unless the President so directs. So, the National laws including criminal code of Pakistan and judicial system under national laws does not apply to the tribal areas and even, the jurisdiction of the country’s high courts and the Supreme Courts is debarred under constitution. However, the people from tribal area can approach High Court Peshawar and Supreme Court of Pakistan can be approached by invoking constitutional writ under Article 184 of the Constitution. The constitution guarantees full independence of the tribal agencies and any interference by the government has been prohibited. As these areas enjoy a special status in the constitution, and the laws of the country do not operate in the project belt.

4.2 Frontier Crimes Regulations

The FCR 1901 is a unique set of laws enforced in the tribal areas since colonial times which have remained almost unchanged in independent Pakistan. The FCR was intended to administer the strategic border region by allowing the tribes to retain elements of traditional justice but subject to the undisputed control of the colonial administration. The FCR comprises 7 chapters and over 61 sections include substantive and procedural law relating to criminal and civil matters. Under section 40 FCR, collective punishment can be imposed on anyone in the tribal areas for a crime committed by his or her extended family members, including anyone from their clan (khel) or tribe. People held under the FCR have no right to appeal against their sentences to a Higher Court outside the FATA. In general, the FCR contains several provisions that may be partly incompatible with some of the constitutional human rights guarantees available to Pakistani citizens in settled areas.

Beside its defects however, the FCR has also advantages, including the fact that it stipulates a system where the customary rules of the Tribes are to be taken as primary elements to judge cases and by extension to conduct daily administration of affairs including project planning and land acquisition. The FCR also implies the fundamental idea that the decisions of the government have to meet the consent of the tribal leaders.

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Social Management Framework of KPEC Project (Component II)

Whenever an offence takes place or a dispute arises, the Maliks gather and enter into intensive negotiations with the disputing parties to reach an amicable resolution of the conflict. A jirga may also try a criminal case and may recommend a verdict to the PA. Jirgas may be informal or may be established by the PA who uses it as an instrument to build an opinion and decide over the final resolution of a case. A jirga’s size varies from one situation to another, based on the nature, significance and sensitivity of the dispute. It might consist of one member, although two members are more usual and often there are four or six experienced members, fully conversant with the laws of the Pukhtunwali. The political administrative setup is shown in Figure 4.1. Figure 4.1: Political Administration Setup

Political Agent

Maliks

Assistant PA

Political Tehsil Dar

Naib Tehsil Dar Naib Tehsil Dar

Khasadar Force Khasadar Force

4.3 Communal and Private Land Ownership & Management

In tribal areas, land is regarded as the most important asset, one that may be a primary source of conflict. Who controls land has power over those who use it. Most importantly, land is a fundamental marker of the identity of an individual and of his membership status into a clan. Symbolically, land embeds the link one individual has with his ancestors who inhabited and used that land before. Generally, within the tribal system, each clan is associated with a specific territory held by the clan members as a communal asset. Traditionally Clan territory could be used in terms of usufruct by extended households within the clan under the supervision of lineage and sub-lineage elders and with the understanding that if the use of the land was terminated the plots were returned to the clan domain. Today under the pressure of modern commercial interests, the right of usufruct has been slowly transforming into a more permanent right. Currently plots that have been parceled out for use (residential,

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Social Management Framework of KPEC Project (Component II) agricultural, commercial) are often considered as a property that will remain with the extended family and will be passed in inheritance to the next generations and possibly re- subdivided between the heirs. At times, even, this type of quasi-private land may be sold to outsiders though this is not considered as an honorable practice.

4.4 Land Acquisition Act 1894

Land Acquisition Act of 1894 (LAA 1894) has not been extended to FATA; the Frontier Crimes Regulations (FCR), 1901, governs land acquisition procedures in FATA. The law that governs land acquisition in KP is the Land Acquisition Act 1894 (LAA 1894) and its successive amendments. The LAA regulates the land acquisition process and enables the federal and provincial governments to acquire private land for public purposes through the exercise of the right of eminent domain. Land acquisition is a provincial responsibility and each province has its own interpretation of the Act. Some provinces also have their own province specific implementation rules. The LAA and its Implementation Rules require that, following an impact identification and valuation exercise, land and crops are compensated in cash at the current market rate to titled landowners. The LAA mandates that land valuation is to be based on the last 3 to 5 years average registered land sale rates. However, in several recent cases the median rates over the past 1 year, or even the current rates, have been applied with an added 15% compulsory acquisition surcharge according to the provision of the law. In addition to the provisions of the LAA, rules and regulations setting out the procedure for land acquisition have also been adopted by provinces according to their province specific conditions. The LAA lays down definite procedures for acquiring private land for projects and payment of compensation. The rights of people whose land is to be acquired are safeguarded. For entering private land or carrying out surveys and investigations, specified formalities have to be observed and notifications to be issued. Damage to any crops during survey and investigations has to be compensated. The PAPs, if not satisfied, can go to the Court of Law to contest the compensation award of the Land Acquisition Collector (LAC). The law deals with matters related to the acquisition of private land and other immovable assets that may exist on it when the land is required for public purpose. A listing of the important Sections of the Act and their salient features is given in Table 4.1. The right to acquire land for public purposes is established when Section 4 of the LAA is triggered. The LAA specifies a systematic approach for acquisition and compensation of land and other properties for development projects. It stipulates various sections pertaining to notifications, surveys, acquisition, compensation and apportionment awards, along with disputes resolution, penalties and exemptions. Surveys for land acquisition are to be disclosed to the project affected persons. Table 4.1: Salient Features of the LAA 1894 and Successive Amendments Key Sections Salient Features of the LAA (1894)

Section 4 Publication of preliminary notification and power for conducting survey. Section 5 Formal notification of land needed for a public purpose. Section 5a covering the need for enquiry. Section 6 The Government makes a more formal declaration of intent to acquire land. Section 7 The Land Commissioner shall direct the LAC to order the acquisition of land. Section 8 The LAC has then to direct that the land required to be physically marked out, measured and planned. Section 9 The LAC gives notice to all PAPs that the Government intends to take possession of the land and if they have any claims for compensation then these claims are to be made to him at an appointed time.

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Social Management Framework of KPEC Project (Component II)

Section 10 Delegates power to the LAC to record statements of PAPs in the area of land to be acquired or any part thereof as co-proprietor, sub-proprietor, mortgagee, and tenant or otherwise. Section 11 Enables the Collector to make enquiries into the measurements, value and claim and then to issue the final “award". The award includes the land's marked area and the valuation of compensation. Section 16 When the LAC has made an award under Section 11, he will then take possession and the land shall thereupon vest absolutely in the Government, free from all encumbrances. Section 17 In cases of urgency, whenever the Government can take possession of any land needed for public purposes or for a Company. Such land shall thereupon vest absolutely in the Government, free from all encumbrances. Section 18 In case of dissatisfaction with the award, PAPs may request the LAC to refer the case onward to the court for a decision. This does not affect the Government taking possession of the land. Section 23 The award of compensation for the owners for acquired land is determined at its market value plus 15% in view of the compulsory nature of the acquisition for public purposes. Section 28 Relates to the determination of compensation values and interest premium for land acquisition. Section 31 Section 31 provides that the LAC can, instead of awarding cash compensation in respect of any land, make any arrangement with a person having an interest in such land, including the grant of other lands in exchange.

4.5 Legislation Relevant to Land Classification

The legislation is relevant to land classification in case of Khyber Pakhtunkhwa. In terms of application of this SMF, identifying the type of land affected will be an important step in determining eligibility for compensation for land. Jurisdiction rather than use classifies land. Rural land includes irrigated land and un-irrigated land and is governed by the Land Revenue Act (1967) which must be read in conjunction with the LAA and other legislation. Rural land falls under the jurisdiction of revenue districts. FATA has its set of legislative acts, some of which are related to land and resettlement.

4.6 Pakistan Antiquity Act, 1975

The Pakistan Antiquity Act (1975) is applicable for the Khyber Pakhtunkhwa (KP). The current Antiquities Act 1975 (amended in 1990), redefined as ‘ancient’ any object that is at least 75 years old. It requires that all accidental discoveries are reported to the federal Department of Archeology. It also makes the federal government the owner of all buried antiquities discovered from any site, whether protected or otherwise. It bans all new construction within a distance of 200 feet from protected antiquities. The cultural heritage laws of Pakistan are uniformly applicable to all categories of sites regardless of their state of preservation and classification as monuments of national or world heritage. The Antiquities Act guarantees that no changes or repairs can be made to a protected monument even if it is owned privately without approval of the official agencies concerned with it.

4.7 Khyber Pakhtunkhwa Antiquities Act, 2016

KP has promulgated an act to protect, preserve, develop and maintain antiquities in the Province. The act defines “Antiquity” as any ancient product of human activity which has been in existence for a period of not less than one hundred years. The act covers the establishment of different bodies; antiquities and related issues; development schemes; new construction and use of movable antiquities; excavation or

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Social Management Framework of KPEC Project (Component II) exploration and related matters; and other miscellaneous provisions. It bans all new construction within a distance of 200 feet from protected antiquities except with the approval of the Directorate.

4.8 Labor Laws

The labour laws are applicable for Khyber Pakhtunkhwa province. The constitution of Pakistan contains a range of provisions with regard to labor rights found in Part II: Fundamental Rights and Principles of Policy:  Article 11 of the constitution prohibits all forms of slavery, forced labour, and child labour.  Article 17 provides for a fundamental right to exercise the freedom of association and the right to form unions.  Article 18 prescribes the right of its citizens to enter upon any lawful profession or occupation and to conduct any lawful trade or business.  Article 25 lays down the right to equality before the law and prohibition of discrimination on the grounds of sex alone.  Article 37(e) makes provision for securing just and humane conditions of work, ensuring that children and women are not employed in vocations unsuited to their age or sex, and for maternity benefits for women in employment. Pakistan’s labor laws trace their origins to legislation inherited at the time of partition. The laws have evolved in response to socioeconomic conditions, shifts in governance, state of industrial development, population and labor force expansion, growth of trade unions, level of literacy, and the government’s commitment to development and social welfare. Under the constitution, labor is regarded as a ‘concurrent subject,’ which means that it is the responsibility of both the federal and provincial governments. However, for the sake of uniformity, laws are enacted by the federal government, stipulating that provincial governments may make rules and regulations of their own according to the conditions prevailing in or for the specific requirements of the provinces.

The labor laws are a comprehensive set of laws in Pakistan dealing with the following aspects:  Contract of employment  Termination of contract  Working time and rest time (working hours, paid leaves, maternity protection and other leave entitlements).  Minimum age and protection of young workers  Equality  Pay issues  Workers' representation in the enterprise  Trade union and employers association regulation  Other laws

4.9 Pakistan Labour Policy, 2010

This labour policy is applicable for Khyber Pakhtunkhwa. Pakistan’s Labor Policy aims at attaining its objectives in a manner best suited to the resources of the country and the present state of economy. There is an urgent need to revitalize the economy to increase

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Social Management Framework of KPEC Project (Component II) the level of productivity, promotion of investment, and maximization of employment. There is an equally genuine requirement to create, among workers and employers, a better awareness of their obligations to the national objectives stated above. At the same time, the government recognizes that workers and employers must enjoy reasonable benefits. With these priorities in view, the government considers that a balanced labor policy should be based on the following objectives:  Workers’ rights to form unions and unions should be protected and an institutional framework be made available to foster close cooperation between workers and employers at the establishment level.  Equitable adjustment of rights between workers and employers should be ensured in an atmosphere of harmony, mutually beneficial to workers and the management.  Consultations between workers and employers on matters of interest to the establishment and welfare of workers should be made more effective.  Adequate security of jobs should be available to workers and there should be expeditious redressal of their grievances.  Conditions should be created such that workers and employers are committed to enhancing productivity.  Promotion to higher jobs should be ensured at all levels based on suitability and merit and for this purpose, arrangements should be made for in-service training facilities.  Facilities for proper matching of job opportunities and job seekers should be strengthened and standard procedures streamlined.  Social insurance schemes should be further strengthened.  Just and humane conditions of work should be guaranteed to all workers.  Forced labor in all its forms is to be eliminated.  Provisions relating to the employment of children are to be strictly adhered to and enforced. To address these concerns, the Labor Policy is divided into four parts: the Legal Frame Work; Advocacy: Rights of Workers and Employers; Skill Development and Employment; and Manpower Export.

4.10 The Protection against Harassment of Women at the Workplace Act 2010

The act is applicable for Khyber Pakhtunkhwa (KP). The act protects women against sexual harassment at the workplace. The act is composed of 13 sections elaborating definitions, composition of the inquiry committee, procedure for holding inquiry, penalties (minor and major), powers of inquiry committee, role of the employer, the process for appeal against minor and major penalties, ombudsmen and powers of the ombudsmen.

4.11 The Khyber Pakhtunkhwa Prohibition of Employment of Children Act, 2015

According to this Act, "child" means a person who has not completed his fourteenth year of age. The act specifies that no child shall be employed or permitted to work in any establishment.

The act also states that a child not below the age of 12 years may be engaged in the light work, alongside his family member, for a maximum of two hours per day mainly for the purpose of acquiring skills, in a private undertaking or in any school established, assisted 21

Social Management Framework of KPEC Project (Component II) or recognized by Government for such purpose. It is also specified that no adolescent shall be employed or permitted to work in any hazardous work included in the Schedule.

The act also stipulates the constitution of committee on child labour and covers the important aspects related to hours and period of work, weekly holidays, notice to inspector, disputes as to age, maintenance of register, and display of notice, abstract of sections and health and safety.

4.12 Guidelines for Public Consultation, 1997

These guidelines issued by Pakistan Environmental Protection Agency address possible approaches to public consultation and techniques for designing an effective program of consultation that reaches all major stakeholders and ensures the incorporation of their concerns in any impact assessment study. The guidelines cover consultation, involvement and participation of stakeholders; effective public consultation (planning, stages of an Environmental Impact Assessment (EIA) where consultation is appropriate); and facilitation of involvement (including the poor, women, and NGOs).

4.13 Environmental Assessment (OP 4.01)

The World Bank requires Environmental Assessment (EA) of projects proposed for Bank financing to help ensure that they are environmentally sound and sustainable, and thus to improve decision making. The Operational Policy (OP) defines the EA process and various types of the EA instruments. ESMF has been prepared under OP 4.01 which is “An instrument that examines the issues and impacts associated when a project consists of a program and/or series of sub-projects, and the impacts cannot be determined until the program or sub-project details have been identified.”

4.14 Involuntary Resettlement (World Bank OP 4.12)

The World Bank’s experience indicates that involuntary resettlement under development projects, if unmitigated, often gives rise to severe economic, social, and environmental risks: production systems are dismantled; people face impoverishment when their productive assets or income sources are lost; people are relocated to environments where their productive skills may be less applicable and the competition for resources greater; community institutions and social networks are weakened; kin groups are dispersed; and cultural identity, traditional authority, and the potential for mutual help are diminished or lost. This policy includes safeguards to address and mitigate these impoverishments risks.

The overall objectives of the Policy are given below:

“Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative project designs”. Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons displaced by the project to share in project benefits. PAPs should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs. Project affected persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher.

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Social Management Framework of KPEC Project (Component II)

4.15 Comparison of Key LAA, FCR and World Bank OP and Practices

Table 4.2 compares the LAA 1894, FCR and the World Bank Operational Policy (OP) 4.12 specifically related to land acquisition and resettlement aspects. The objective of this exercise is to identify if and where the two sets of procedures are in conformity with each other and more importantly where are the differences and gaps. The key principles are: a) Need to screen the project early on in the planning stage; b) Carry out meaningful consultation; c) At the minimum restore livelihood levels to what they were before the project; d) Improve the livelihoods of affected vulnerable groups; e) Prompt compensation at full replacement cost is to be paid; f) Provide displaced people with adequate assistance; g) Ensure that displaced people who have no statutory rights to the land that they are working are eligible for resettlement assistance and compensation for the loss of no-land assets; and h) Disclose all reports.

Table 4.2 (a): Comparison of FCR applicable in FATA and WB OP 4.12 Key LAR FCR 1901 Amended World Bank, OP 4.12 Measures Proposed to Features 2011 Bridge the Gaps Involuntary Governed through Eminent domain is recognized compensation of the lost LAR negotiated settlement while negotiated land assets through negotiation based on consensus acquisition is encouraged will guarantee the rates. subject to social safeguards maintenance of the pre- provisions. project living standards of the PAPs LAR Planning No requirement of Preparation of draft and final LAR Planning and RAP RAP preparation of the RAP Loss of means Not specified Adverse impacts on PAPs Analysis of Alternatives to of livelihood is would be avoided or minimized minimize social impacts to to be avoided to the possible extent. the extent possible. or minimized. Assessment of No requirement in Census, socio-economic A comprehensive social impacts FCR survey, detailed measurement assessment of social survey and valuation of lost impacts to be carried out assets to be conducted. to detail the project impacts. Consultation The consultation Meaningful consultation, timely Key stakeholders and information about land acquisition disclosure of relevant PAPs consultation during and and compensation information and participation in planning and design of the participation of rates are carried out LAR planning. project. PAPs with Jirga Replacement Compensation of lost Prompt and effective Full replacement cost of lost assets assets through compensation at full including fair market value consensus based replacement cost for losses of or as per negotiation rate negotiation with Jirga assets attributable directly to with Jirga. the project Rehabilitation Not covered under OP 4.12 distinguishes between Income restoration and and Income FCR compensation for expropriated rehabilitation measures to Restoration assets and rehabilitation restore standard of living measures to restore, incomes at pre-project stage. or standards of living

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Social Management Framework of KPEC Project (Component II)

Key LAR FCR 1901 Amended World Bank, OP 4.12 Measures Proposed to Features 2011 Bridge the Gaps Disclosure of No RAP Requirement Disclosure of draft & final RAP Disclosure at planning, RAP as such. to PAPs and on World Bank design and Website implementation. Grievance All disputes including Establish Grievance Redress Multitier GRM involving redress land are settled as per Mechanism (GRM) scaled to PIU, political local customs by the risks and impacts of project at administration and Jirga, PA through project and field levels. involvement of local Jirga Cut-off date No specific Eligibility for entitlements under Establishment of Cut-off requirement under World Bank’s IR requirements date on the last day of the FCR; however with is limited by a cut-off date, Census Survey. initiation of determined at the time of consultation affected social impacts assessment. properties and communities are listed for eligibility purposes. Eligible PAPs All PAPs occupying All physically and economically All physically and land on or before displaced persons, including economically displaced project are eligible to titled and non-titled are eligible persons, including titled the extent of usufruct for compensation as specified and customary rights are right as per local in the Entitlement Matrix. eligible for compensation. customs. Compensation The valuation of Replacement of structures or Cash compensation at the of structures structures is based on cash compensation at replacement value. consensus rates replacement value, salvage negotiated through material allowed without Jirga. deduction for all PAPs, titled and non-titled. Community Damages done to land Restoration/provision of civic Restoration or and public and structures are to infrastructure and community compensation as per pre- resources be paid for services. project level. rehabilitation. Income Only compensation for Enhance, at least restore, Measures for livelihood restoration and lost assets with no PAPs’ livelihoods including enhancement or atleast livelihood resettlement credit, training and restoration. support allowances and/or any employment assistance; income restoration project development benefits. support. Relocation No provision in FCR Secure tenure, better housing, Relocation, transition, or assistance transitional support, rehabilitation allowances infrastructure and services. as contributing to replacement cost. Notification of FCR protects the No physical or economic LAR conditionality were displacement property rights and displacement before proposed for RoW requires compensation has been paid, clearance prior to compensation before other entitlements have been displacement. depriving the affected provided and income and person of his assets livelihood program is in place. Vulnerable There is no provisions World Bank Policy guidelines Vulnerability allowances People/groups for either require providing special and employment needs acknowledgement of attention to vulnerable people opportunities for widowed, or compensation to and groups. disabled and poor families vulnerable groups below poverty line. Monitoring and No requirement under Monitoring and assessment of Both internal and external evaluation FCR IR outcomes; disclosure of monitoring and post- monitoring reports. project evaluation.

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Social Management Framework of KPEC Project (Component II)

Table 4.2 (b): Comparison of Pakistan’s LAA and WB OP 4.12

World Bank Involuntary Resettlement Approaches to LAA 1894 Address the Gaps for Policy Principles Proposed Project

1 Screen the project early on to identify past, No equivalent Screening initiated as present, and future involuntary resettlement requirements (though part of the present RPF; impacts and risks. Determine the scope of the Pakistan to be continued during resettlement planning through a survey and/or Environmental the RAP preparation for census of displaced persons, including a Protection Act (PEPA) subprojects. gender analysis, specifically related to 1997 does require resettlement impacts and risks. screening of social impacts that also include resettlement impacts)

2 Carry out meaningful consultations with No equivalent Consultations initiated affected persons, host communities, and requirements other during the preparation of concerned nongovernment organizations. than consultations present RPF; additional Inform all persons to be displaced of their being a key consultations will be entitlements and resettlement options. Ensure requirement of PEPA carried out during the their participation in planning, implementation, 1997 and negotiated preparation and and monitoring and evaluation of settlement agreement for implementation of programs. Pay particular attention to the needs compensation as the subproject-specific of vulnerable groups, especially those below prevailing practice in RAPs. the poverty line, the landless, the elderly, FATA. women and children, and Indigenous peoples, Grievance Redress and those without legal title to land, and ensure Land Acquisition Mechanism (GRM) their participation in consultations. Establish a Collector is the final included in the present grievance redress mechanism to receive and authority to decide RPF; will be further facilitate resolution of the affected persons‟ disputes and address elaborated in RAPs. complaints regarding concerns. Support the social and cultural Resettlement planning institutions of displaced persons and their host quantification and assessment of will address the need of population. Where involuntary resettlement vulnerable groups. impacts and risks are highly complex and compensation for the sensitive, compensation and resettlement affected lands and A separate Social decisions should be preceded by a social other assets. Management Framework preparation phase. is also being prepared to address some of these requirements.

3 Improve, or at least restore, the livelihoods of No equivalent The present RPF and all displaced persons through (i) land-based requirements. subproject-specific RAPs resettlement strategies when affected will address these livelihoods are land based where possible or requirements. cash compensation at replacement value for land when the loss of land does not undermine livelihoods; (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.

4 Provide physically and economically displaced No equivalent The present RPF and persons with needed support requirements. subproject-specific RAPs will address these requirements.

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Social Management Framework of KPEC Project (Component II)

World Bank Involuntary Resettlement Approaches to LAA 1894 Address the Gaps for Policy Principles Proposed Project

5 Resettlement assistance and compensation The LAA recognizes Resettlement assistance for the loss of land or assets only the title holder for will be paid to the PAPs eligibility for even without having legal compensation. title of the land to be affected.

6 Crop losses compensation provided to Crop losses Compensation for crop landowners and share-crop/lease tenants compensation losses will be provided to whether registered or not. provided only to landowners and share- registered landowners crop/lease tenants and share-crop/lease whether registered or tenants not.

7 Disclosure requirements Partially covered. Information related to quantification and The decisions costing of land, regarding land structures and other acquisition and assets, entitlements, and compensations to be amounts of paid are published in compensation and the official Gazette and financial assistance are notified in convenient to be disclosed to the places so that the affected persons prior to people affected are taking possession of their aware. assets. The present RPF and subsequent RAPs will be disclosed locally as well as internationally.

4.16 Compliance Status with Country Laws and World Bank Policies

The present compliance status of the project with the Country’s Laws/ legislation and World Bank Involuntary Resettlement Policies is summarized in table 4.3 as under: Table 4.3: Compliance of GOP Legislation and World Bank OPs Institution Legislation / Policy Actions Taken to Comply Government Land Acquisition SMF and Resettlement Policy Framework (RPF) have been of Pakistan prepared. The SIA/SMPs, PCRMP (if required) and RAP/ARAP will be prepared as the project involves acquisition of private land (communal/tribal), due to which there will be loss of crops, trees and some structures/community structures. The compensation will be paid to the eligible/ entitled PAPs both titled and non-tilted holders for their affected assets. Information The draft SMF will be disclosed at FATA Secretariat website. Disclosure10 Stakeholder’s consultations will be held to disclose the draft SMF and feedback will be incorporated and a final draft will be submitted to World Bank for review and input. World Bank Early screening and Scoping consultations were already held. Scoping

10 Under section 4: sub section (1) Whenever it appears to the Collector of the District that land in any locality is needed or is likely to be needed for any public purpose or for a Company, a notification to that effect shall be published in the official Gazette, and the Collector shall cause public notice of the substance of such notification to be given at convenient places in the said locality. 26

Social Management Framework of KPEC Project (Component II)

Participatory Consultation meetings and focus group discussions were held in approach the project area. Alternatives Alternatives considered to be included during the project design. Physical and Cultural PCR Framework and Chance Find Procedures will be included in Resources contract documents (Annex 1). Gender Gender consultations will need to be incorporated while preparing the SIA/SMP, PCRMPand RAP/ARAP field surveys. Consultation and Stakeholders ‘consultative meetings, focus group discussions and Information formal public consultations were carried out. Public consultations Disclosure were carried out during the field surveys.

4.17 World Bank Operational Policies relevant to the Project

World Bank Operational Policies and their relevance to the Project are briefly described in Table 4.4 below. Table 4.4: World Bank Operational Policies relevant to the Project World Bank OPs11 Triggered Policy Yes No Environmental Assessment OP/BP 4.01  - Physical Cultural Resources OP/BP 4.11  - Involuntary Resettlement OP/BP 4.12  - Access to Information BP 17.50  - Indigenous People OP 4.10 - 

4.18 International Labour Laws and Guidelines

The most pertinent requirements are:

1. Labor and Working Conditions (International Finance Corporation, 2006) 2. Workers’ accommodation: processes and standards (European Bank for Reconstruction and Development and International Finance Corporation, 2009) 3. Universal Declaration of Human Rights (United Nations, 1948) 4. International Labour Organization Core Conventions. 5. United Nations Human Rights Council: Report of the Special Representative of the Secretary General on the issue of human rights and transnational corporations and other business enterprises – Protect, Respect and Remedy: a Framework for Business and Human Rights (Ruggie, John, 2008).

International standards that will be followed relevant to labour and working conditions include:

1. International Labour Organization (ILO) Declaration on Fundamental Principles and Rights at Work (International Labour Organization, 1998) 2. Voluntary Principles on Security and Human Rights (Secretariat for the Voluntary Principles on Security and Human Rights, 2000) 3. United Nations Global Compact

11 World Bank Operational Policies

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Social Management Framework of KPEC Project (Component II)

SCREENING OF SOCIAL IMPACTS AND MITIGATION MEASURES

5.1 General

The screening of potential social impacts (type and magnitude) for the activities of Component II of KPEC project and accordingly their mitigation measures are discussed in this section. The social screening of project activities and selection of the appropriate social safeguards instruments are also described.

5.2 Potential Social Impacts

The Component II of KPEC Project may finance the development of the various types of infrastructure: (a) local road infrastructure and urban development; (b) sites of special cultural, historical, and tourist value; (c) traffic management mechanisms for the N-5 (existing Peshawar Torkham road), including weighing stations and enforcement mechanisms; (d) the development of an integrated logistics hub and industrial / commercial infrastructure in viable locations in WGP (in partnership with private sector actors); (e) the construction and/or upgrading of roads to ensure connectivity between KPEX, urban centers in WGP, and other key national roads (N-55, M-1, Northern Bypass, Aza Khail Dry Port etc.); and (f) an international bus terminal to connect bus services to/from Afghanistan, the Peshawar Bus Raid Transit system, and domestic bus services. However, additional activities may be identified/considered during implementation. The details assessment of social impacts will be done during the preparation of safeguards instruments (SIA/SMP/PCRMP/RAP/Abbreviated Resettlement Action Plan (ARAP) once the exact location and footprint of the Component II are identified. The potential social impacts due to the implementation of Component II of the Project are briefly described in the Table 5.1 below:

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Social Management Framework of KPEC Project (Component II)

Table 5.1: Social Impacts of Project Activities under Component II of KPEC Project

Main Activity Description of activities Project Impacts Remarks Technical Technical Assistance (TA) will finance: This component will primarily focus on Preparation of Assistance (TA) f) Analytical activities; desk studies, assessments, data feasibility and g) Preparation of Spatial Master Plan for Western greater collection and analysis and development engineering of different plans and feasibility studies. design and Peshawar (WGP); preparation of h) Feasibility studies and engineering designs for infrastructure; Spatial Master i) Document, preserve and promote cultural heritage of Khyber Plan. Pass; and j) Identify and promote sites of cultural and historical significance. The first sub-component will build upon an interim “Geo- Referenced Local Master Plan (GeoLoMaP)”, which identified existing and under construction infrastructure in WGP and documented infrastructure proposed by stakeholders. Infrastructure This component may finance the development of the following The activities may involve land acquisition Investments under Investments types of infrastructure: (private/ communal/ tribal land), due to this sub- g) Local road infrastructure and urban development; which there will be loss of trees, some component will be h) Sites of special cultural, historical, and tourist value; cropped area, structures, and other assets guided by the i) Traffic management mechanisms for the N-5 (existing as well as livelihood of the people/local SMP and community. feasibility studies Peshawar Torkham road), including weighing stations and financed by the enforcement mechanisms; The other impacts may be related to: above sub- j) Development of an integrated logistics hub and industrial/ component. commercial infrastructure in viable locations in WGP (in ix). Noise, dust, vibration on neighboring Specific social partnership with private sector actors); properties; safeguard k) Construction and/ or upgrading of roads; and x). Exposure of community to instruments (SIA, construction workers (unwanted SMP, PCRMP) will attention or abuse, disruptive be identified and prepared after

29

Social Management Framework of KPEC Project (Component II)

l) An international bus terminal to connect bus services to/from behavior, safety issues from heavy screening once Afghanistan, the Peshawar Bus Rapid Transit system, and traffic); the foot print of the domestic bus services. xi). Disturbances to land uses and activities are peoples’ access to resources; identified. xii). Impacts on community health and . safety xiii). Impacts from labour influx on women including women’s privacy, mobility, sexual exploitation and abuse and other issues as detailed in section 6 related to gender and labour influx; xiv). Labour health and safety related issues; xv). Impacts and issues related to Physical Cultural Resources (PCRs); xvi). Inconvenience to communities due to curtailed access at times to local resources , sharing of local resources with resettled communities and incoming labour, difficulties in pedestrians’ movement particularly for the disabled and the aged, etc. and

Other social impacts will be identified during screening and assessment.

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Social Management Framework of KPEC Project (Component II)

5.2.1 Impact Related to Land

The impacts due to land acquisition and resettlement are assessed at the broader level and presented in the RPF prepared a standalone document for the project.

5.2.2 Impact on Physical and Cultural Resources

Physical cultural resources are the sites, areas, objects, or artifacts that have archaeological, paleontological, historical, architectural, religious, aesthetic, or other cultural, religious or spiritual significance to a commune, religious group, ethnic group and/or the wider public or nation. They include movable or immovable objects, sites, structures, groups of structures, and natural features and landscapes, such as, sacred landmarks, sacred burial sites or human remains, pilgrimage sites or routes, fossils, rock drawings, ancient structures, places of worship. OP 4.11 seeks to preserve physical cultural resources and avoid their destruction or damage. It encompasses resources of archaeological, paleontological, historical, architectural and religious (including grave yards and burial sites), aesthetic, or other cultural significance. The activities under Component-II (b) also relates to sites of special cultural, historical, and tourist value. IN addition, other activities may also have an impact on PCRs. Therefore, screening related to PCRs will also be carried out and if required, Physical Cultural Resource Management Plan (PCRMP) will be prepared. PCR Framework is included as Annex-1 in SMF. Chance Find Procedures will be in place to deal with such areas if found during the construction phase. Chance Find Procedures of Physical and Cultural Resources are presented in Annex-1.

5.2.3 Impact on Indigenous People

There are no indigenous people/or group of indigenous people in the project area. Chitral District or Khyber Pakhtunkhwa Province is outside of the project geographic scope, where the only known indigenous peoples are present.

5.2.4 Gender Related Impacts

In the project area of Component-II, about half of the population comprises women. Women are generally involved in household activities, such as fetching drinking water from nearby stream/nullah; collecting fire woods in nearby hilly area; washing clothes and household utensils; child rearing and caring; looking after their cattle as well as other household activities. In some families, due to tribal culture, the extent of women’s involvement tends to remain confined to domestic matters.

According to the World Bank’s Labor Influx Guidance Note, adverse impacts of labor influx and risk associated with it are related to the volume of expected incoming labor and local capacity to manage and absorb it. It is estimated that about 500-700 skilled and semi- skilled labor will be employed during Project construction and the host community is small and rural. The contextual risk factors of Sexual Exploitation and Abuse (SEA) in KP and FATA are high, and are discussed in the Gender Development Framework below, including mitigation measures. Moreover, a gender action plan (GAP) will also be prepared as a section of RAP/ Abbreviated RAP.

5.2.5 Labour Related Impacts

The activities of Component-II will involve a large number of labour during the construction of roads and upgradation of infrastructure. In addition, in the project area, most of workers 31

Social Management Framework of KPEC Project (Component II) are engaged in industries, i.e. Mullagori Industrial zone is relating to the marble production, while Bara IZ has mix of products like textiles (power looms), detergent powder, plastic shopper (bags), plastic pipe and ice factory etc. This may involve a number of labour and working conditions related impacts. A Labour Management Framework (LMF) has been included in the SMF to deal with these issues.

5.2.6 Impact Mitigation Measures

Under the Component II of KPEC project, the social impacts will be mitigated by screening and preparing & implementing the specific social safeguards instruments including SIA/Social Management Plan (SMP)//PCRMP (If required)/RAP/ARAP. The losses incurred due to land acquisition, resettlement, livelihood will be compensated in accordance with the RPF developed and presented as a separate document and RAP/ARAP to be prepared later.

5.3 Key Steps in Social Management

5.3.1 Social Screening

All activities to be implemented under component II of KPEC project will be screened for need of land acquisition, resettlement and other social issues. Accordingly, the preparation of the required instrument (s) will be recommended. Each activity of Component II will go through the same screening and scoping process to determine the type and detail of the safeguard instrument (s) that are required by both the Bank safeguard policies and the Frontier Crimes Regulations (FCR) and Pakistani legislation. The steps involved are as below:  Carry out the screening as per screening form attached as Annex 2.  Brief assessment of the nature/type and magnitude of sub-project impact (impact assessment)  Determination of type of safeguard instruments required, i.e. a SIA. SMP, PCRMP, RAP or ARAP.

5.3.2 Component II of KPEC Project Category Classification Guidelines

Based on the screening data on the extent of likely impacts, the Component II safeguard requirements will be categorized as follows: Significant impact – Sub-project with a new site with one or more potentially significant social impacts that are sensitive, diverse, or unprecedented. More than 200 people may experience major impacts that are, being physically moved from housing, or losing 10% or more of their productive (income-generating) assets. A full scale SIA12 and RAP will be prepared to commensurate the impacts; Non-significant impact – Sub-project a new site with no more than moderate or minor potential social impacts. Potential adverse social impacts are less adverse. These impacts are site- specific; few if any of them are irreversible; and in most cases mitigation measures can be readily designed. Less than 200 people will be physically displaced from housing

12 SIA can be prepared as standalone of as a part of the consolidated Environmental and Social Impact Assessment (ESIA). 32

Social Management Framework of KPEC Project (Component II) or lose less than 10% of their productive (income-generating) assets. SMP13 and ARAP will be prepared to commensurate the impacts;

No impact – If the sub-project does not require permanent/or temporary land acquisition, and there are no impacts including the loss of land, structures, crops and trees, businesses or income (livelihood). The RAP/ARAP is not prepared. However, this category of impact may include insignificant/temporary social impacts which are generally mitigated as a part of construction activities in consultation with the PAPs and covered under SMP. The above screening criteria are consistent with the one included in RPF. Thus, any activities of the Component II that may cause significant social impacts will require a comprehensive SIA including type/nature and magnitude of impacts and preparation of RAP, while in case of non-significant impacts, an ARAP and SMP will be required. In case of no impact, the temporary/minor impacts are generally mitigated during the project implementation as a part the contractors’ contract.

5.3.3 Preparation of Mitigation Instruments

Based on social safeguard screening and consultations with the local communities and by following above mentioned criteria, one or more of the following will need to be prepared to comply with the WB safeguard requirements:

1. Social Impact Assessment 2. Social Management Plan 3. Resettlement Action Plan (RAP)14 4. Abbreviated Resettlement Action Plan (ARAP) 5. PCRMP as a part of the SIA/SMP The contents of RAP and ARAP are given in RPF prepared as a standalone document, while the contents of SIA and SMP are presented below. The SIA and SMP can be prepared as a part of Environmental and Social Impact Assessment (ESIA) or Environmental and Social Management Plan (ESMP) to be prepared for Component II of the KPEC project. The social team will assess these impacts during the preparation of ESIA and ESMPs by working in close coordination with the environment teams and ensure that these impacts and their mitigations are reflected properly. The direct impact related to land acquisition, resettlement and livelihood restoration will also be briefly reflected in the SIA and SMP based on the findings of RAPs/ARAPs.

5.3.4 Contents of SIA and SMP

The contents of SIA and SMP are given below:

Social Impact Assessment

1 Introduction 1.1 Background 1.2 Proposed Project 1.3 Environmental and Social Assessment 1.4 Composition of Study Team

13 SMP can be prepared as standalone or as a part of the consolidated Environmental and Social Management Plan (ESMP). 14 RAP and ARAP will be prepared in accordance with the process set out in RPF (prepared as a standalone document for component-II of the Project).

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Social Management Framework of KPEC Project (Component II)

2 Policy, Legal and Administrative Framework 2.1 General 2.2 Applicable National Policies and Legislation 2.5 International Treaties and Conventions 2.6 World Bank Safeguard Policies 2.6.1 World Bank Social Guidelines 3 Project Description 3.1 General 3.3 Project Objective 3.4 Project Components 3.5 Construction Methodology 3.7 Construction Equipment 3.8 Construction Schedule 3.9 Project Cost 4 Project Alternatives 5 Baseline Conditions 5.3.1 Demography 5.3.2 Education and literacy 5.3.3 Health situation 5.3.4 Occupation and Income 5.3.5 Agriculture 5.3.6 Access to infrastructure 5.4 Social and Cultural Aspects 5.4.1 Ethnicity and Culture 5.4.2 Tribal feuds and security 5.4.3 Social structure and role of women 5.4.4 Physical cultural resources 6 Potential Impacts and Mitigation Measures 6.1 General 6.2 Impact Assessment Methodology 6.3 Summary of Assessed Impacts 6.4 Social Impacts during Pre-Construction Stage 6.5 Social Impacts during Construction Stage 6.6 Social Impacts during Operation Stage 7 Social Management Plan 7.1 Objectives of SMP 7.2 Inclusion of SMP in contract documents 7.3 Institutional Arrangements 7.4 Mitigation and Monitoring Plans 7.5 Capacity Building and Training 7.6 Audits and Annual Review of ESMP 7.7 Grievances 7.8 Reporting 7.9 Cost of SMP 9 Stakeholder Consultations and Disclosure 8.1 Overview 8.2 Consultations Feedback 8.3 Disclosure

Social Management Plan 34

Social Management Framework of KPEC Project (Component II)

A project's SMP will consist of the set of mitigation, monitoring, and institutional measures to be taken during implementation and operation to eliminate adverse social impacts, offset them, or reduce them to acceptable levels. The SMP will at least cover following aspects: 1. Introduction 2. Sub-Project Description 3. Policy, Legal and Administrative Framework 4. Socio-Economic Baseline of Subproject Area 5. Impacts and Mitigation 6. Stakeholder Consultation 7. Social Management and Monitoring Plan 8. SMP Implementation Budget

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Social Management Framework of KPEC Project (Component II)

GENDER DEVELOPMENT FRAMEWORK

6.1 General

Gender is a key issue in social safeguard management in view of the different vulnerabilities of affected men and women. In view of their higher vulnerability levels, specific measures are proposed to enable the affected women-especially those who are poor, to cope with the project impacts. The process of gender inclusive social management and resettlement planning includes gender analysis, project specific gender considerations and a gender strategy and action plan.

6.2 Gender Considerations and Framework

Based on our survey feedback in the project area, women have a limited role in decision- making. At the household level (extended family system), a male elder, normally makes all decisions relating to household, income, expenditure, education and health. The women are involved in different household activities, such as fetching drinking water from stream/nullah, collecting fire woods from nearby hilly area; washing clothes and household utensils; child rearing and caring; looking after their cattle’s and other indoor activities (social gathering/ function). In the project area, due to the existing culture, mobility for women outside of the village/tribe is restricted. In the project area, the main gender issues are related to privacy, mobility, limited property rights etc.

In the context of the Project, the risk of Gender-based Violence (GBV) and Sexual Abuse and Exploitation (SEA) were also considered. Risk factors cut across public and private spheres of life and are manifest at individual, community, institutional and policy levels. These factors include but are not limited to sociocultural dynamics that maintain male- dominated household decision-making and control over assets; economic, educational and employment disparities between men and women, and a limited legislative and policy framework for preventing and responding to violence. Project-specific factors, including but not limited to the scale of labor influx, size and scale of the Project, the extent to which a community has capacity to absorb labor influx or requires separate camp facilities, and the geographic location of project activities (rural or urban) can exacerbate such risks.

Economic corridor projects that link vulnerable source and destination areas often increase human trafficking15 and this particularly affects women and children. Pakistan is a source, transit, and destination country for women, men and children subjected to forced labor and sex trafficking16.

In view of the above, a gender development framework has been prepared for Component II in Table 6.1 below. It focuses on women’s livelihoods development through income generation activties in FATA/KP and awareness-raising and access to services in the event of untoward incidents.

The project will (i) define mitigation measures proportionate to the risk level; (ii) identify entities to provide services to the survivors of violence (iii) strengthen contractor obligations to SEA; (iv) enhance Project level GRM to integrate protocols related to SEA, and (v) ensure contract supervision capacity to monitor SEA performance. With regards to labor influx risks, the project will (i) coordinate with ministries and agencies engaged in anti-

15 Gender Toolkit: Transport: Maximizing the benefits of Improved Mobility for All, Asian Development Bank, 2013 16 https://www.state.gov/documents/organization/258876.pdf 36

Social Management Framework of KPEC Project (Component II) trafficking initiatives to ensure they are active and tailoring programs to the expressway; (ii) engage relevant ministries for peer education and case management; (iii) collaborate with relevant organizations and/or ministries to design effective awareness campaigns to at-risk groups, and also border control, transport and other relevant government officials and (iv) strengthen contractor obligations for HIV/AIDS training for the labor. A Gender Framework for KPEC is given in Table 6.1 below:

Table 6.1: Gender Development Framework Activity Project Impacts/ Mitigation Measures Frequency- Responsib Risks Time frame ility (Resettlement & Construction) Communication/  Least or no  Formation of Female Continuous PIU/SRMU Consultations information regarding PAP Committee activity during and Information eligibility and (FPAPC). the Dissemination entitlement of  Information implementation compensation to the dissemination to the of SIA/SMP, PAPs including PAPs including PCRMP (if female members. female members required) and through continuous RAP/ARAP. consultative meetings and distribution of brochures and pamphlets/ leaflets.  Lack of awareness of  Involve the FPAPC in Continuous PIU/SRMU female PAP about regular consultative activity during the project impacts process of the project the and their mitigation implementation measures of SIA/SMP, PCRMP (if required) and RAP/ARAP. Gender  Non-payment or  Maintaining gender- Continuous PIU/SRMU Segregated delay in payment of disaggregated data activity during Payment of compensation for all SIA/SMP, the Compensation (including trees, implementation PCRMP (if required) crops & allowances/ of SIA/SMP, livelihood restoration) and RAP/ARAP. PCRMP (if to female PAPs.  Progress reports and required) and monitoring data RAP/ARAP.

should also be gender segregated.  Review the gender segregated status of payment (trees, crops & allowances/ livelihood restoration) to the male and female PAPs.  Categorization of reasons for non- payments/or delay in payments and accordingly development of action in consultation with the stakeholders.

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Social Management Framework of KPEC Project (Component II)

Activity Project Impacts/ Mitigation Measures Frequency- Responsib Risks Time frame ility (Resettlement & Construction) Data  Delay in the Develop a gender Continuous PIU/SRMU Management/ implementation of segregated database activity during Data Depository RAP/ARAP that covering the status of the implementation deteriorates the implementation of process of eligibility of SIA/SMP, RAP/ARAP and & entitlement for PCRMP (if compensation SIA/SMP, PCRMP (if required) and especially for required) and updating RAP/ARAP. women. of database on regular basis. Influx of Labour,  Possibility of Awareness trainings for Periodically, PMU/PIU especially if from increase in GBV/SEA community and Labour. and outside the in project area. consistently, Contractor project area. Referrals to prevention during project and treatment services implementation.

Strengthen Prevention in Contractor Documents

Create or Strengthen GBV/SEA Referral Helplines

Third Party monitoring of GBV/SEA issues

Increase in  HIV transmission and Training to create Human Human Trafficking awareness on HIV Trafficking and prevention and Human HIV Trafficking. Transmission Gender Sensitive  Complaint about  Awareness about the Continuous PIU/SRMU Grievance disorder of pressing gender sensitive activity during Redress needs of women/ GRM and complaint the Mechanism and local community implementation handling process Complaints relating to the project of SIA/SMP, Handling that affect the through consultative PCRMP (if mobility during the meetings, distribution required) and construction activities of pamphlets and RAP/ARAP.  Difficulties in having mobile penetration. access to social  Ensure that the amenities existing GRM is  Disturbance in accessible to the privacy during construction FPAPC/local activities. community (Jirga),is gender sensitive, and has GBV/SEA Protocols.  Explore establishment of Interactive Voice Response Service (IVRS)  Carrying out project implementation activities in

38

Social Management Framework of KPEC Project (Component II)

Activity Project Impacts/ Mitigation Measures Frequency- Responsib Risks Time frame ility (Resettlement & Construction) consultation with the community/ local women to avoid peak hours working activities of women.  Training – capacity development for gender-inclusive project design and implementation. Female skill  Deficiency of  Design Training Continuous PIU/SRMU trainings and knowledge modules with specific activity during Capacity Building  Access to adequate focus on women the of female training training implementation institutes at the  Conducting trainings of SIA/SMP, community level. using female trainers PCRMP (if  Prepare training required) and proceedings RAP/ARAP.  Encourage womens participation in project implementation  Create safe and culturally appropriate environment at female training institutions  Insure female accessibility to the trainings Female  Privacy and mobility  Extensive social Comprehensive PIU/SRMU involvement in issue mobilization to gender action the income  Limited awareness of women plan will need to generation income generation be prepared  Facilitation in activities and activities and jobs in covering the related jobs in the industrial zones obtaining vocational issues and the Industrial trainings livelihood Zones.  Training institute development of refers to potential women. income generation activities in the area and in the Industrial zones for relevant profession/ jobs.  Facilitation regarding mobility issues.

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Social Management Framework of KPEC Project (Component II)

LABOUR MANAGEMENT FRAMEWORK

7.1 General

This framework describes the requirements for the KPEC Component II with respect to labour and working conditions applicable during the implementation phase of the project. It ensures that workers in the proposed project are treated fairly and provided with safe and healthy working conditions. It aims to ensure the management of issues that may arise due to labour-related risks. The LMF sets out potential impacts; and consequences and describes its appropriate mitigation measures.

7.2 Objectives and scope

The purposes of the LMF are to:  Promote fair and equitable labour practices for the fair treatment, non-discrimination and equal opportunity of workers;  Establish, manage and promote a healthy management-worker relationship;  Protect workers’ rights including migrant and third party workers;  Promote healthy, safe, secure and comfortable accommodation that does not impact negatively on the communities in the surrounding area;  Establish standards on workers’ welfare, working and living environment; and  To support the principles of freedom of association and collective bargaining of workers.

This framework describes the requirements and expectations in terms of compliance, reporting, roles, supervision and training with respect to labour and working conditions, including working environment, camp management, accommodation and local community interaction.

7.3 Baseline Condition in the Project Area

In the project area, most of workers are engaged in industries, i.e. Mullagori Industrial zone is relating to the marble production, while Bara Industrial zone has mix of products like textiles (power looms), detergents (washing powder), plastic shopping bags, plastic pipe and ice factory etc. In general, workers/labour works for six days in a week with an average 10 working hours in the industrial zones. None or limited number of women were engaged in employment in Industrial zones.

7.4 Recommended Measures

The following recommendations are presented for effective labour management: The recommended measures include (i) encourage to engage local workers/labourers with the same terms and condition of outside workers/labourers; (ii) putting in place a Grievance Redress Mechanism (GRM) which should be well known to the labourers/workers and accessible; (iii) prohibition of child labor; (iv) no engagement of forced and bonded labour; (v) provision of a safe and healthy working environment to both male and female workers (if any); and (vi) taking steps to prevent accidents, injury, and disease and appropriate treatment for those suffering from occupational injuries/diseases; and encourage for insurance facility for workers.

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Social Management Framework of KPEC Project (Component II)

7.5 Labour Management Framework

Table 7.1 presents a LMF including summary of the potential risks and impacts related to labour employment and working conditions, together with mitigation measures to avoid, eliminate or reduce associated impacts. The monitoring requirements to assess the performance of these mitigation measures are also described under this section.

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Social Management Framework of KPEC Project (Component II)

Table 7.1: Labour and Working Conditions Management Framework

Category Workers Project Impacts/Risks Mitigation Measures Monitoring Monitoring Responsib Impacts/ Risks Frequency ility I. Labour Employment and Working Conditions Recruitment and - Perception of Unpleasant work environment, Recruitment and selection of workers through adopting Verify On-going PIU/SMRU selection of unfair which may affect the project process including: activity and workers recruitment and activities. - Company policy for recruitment (at hiring Contractor selection - Eligibility stage) practices. - Selection criteria - Child labour - Method of recruitment and - Places of recruitment school drop-out - Transparency - Preference to local citizens to avoid labour influx - Ensuring the children and minors are not employed directly or indirectly on the project - Communication on hiring criteria, minimum age, and applicable laws - Enforcement of legislation on child labour Terms and Perceptions that Work stoppages/ protest, Company policy needs to follow as below: Verify Quarterly PIU/SMRU conditions of Wages/salaries absenteeism, - Contract arrangements and content and employment and benefits are sit-ins, sabotage. - Equal pay for equal work Contractor (earnings/ less for locals - Process for pay increases benefits). relative to - Pay scales and increments as well as other benefits. outsiders/ foreigners. Labour relations Workers feel - Workers embark on various Company policy needs to include the following: Assessment Monthly PIU/SMRU (Conflict aggrieved and forms of actions. - Effective grievance redress process which should be and Handling) don’t know how to - Workers take matters into gender sensitive Contractor vent their their own hands, which - Disciplinary procedure grievances. results in violence and conflict - Workplace rules and regulations that affects workplace - Demobilization procedure harmony. - Effective Information dissemination to workers Labour - Workers are not - Industrial action due to Effective communication mechanisms including: Assessment Monthly PIU/SMRU communication informed about rumours or incorrect - Regular written communication for all workers about and mechanisms. activities/ or perceptions the project operations/activities Contractor - Worker committees/organization/unions

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Social Management Framework of KPEC Project (Component II)

Category Workers Project Impacts/Risks Mitigation Measures Monitoring Monitoring Responsib Impacts/ Risks Frequency ility events that - Poor morale and - Use of notice boards/toolbox affect them unproductive workforce - Workers are unable to communicate collective issues that bother them - Rumors/ misinformation spreads Labour behavior Increased risk of Offensive work environment, - Paying salaries into workers’ bank accounts rather Monitoring On-going PIU/SMRU illicit behavior and which may affect the project than in cash to prevent and crime (theft) related activities/operations - Creation of supervised leisure areas drugs Contractor - Cooperation with local law enforcement trafficking - Introduction of sanctions (e.g., dismissal) for workers involved in criminal activities - Enforcement of laws on drug abuse - Sensitization campaigns both for workers and local communities Gender-based Unlikely working Behavior of the workers may Company policy needs to include the following: Assessment Monthly PIU/SMRU violence, environment that affect the project related - Code of conduct and including sexual may create activities/operations and - Disciplinary procedure Contractor harassment restlessness, community around them. - Workplace rules and regulations unwanted Possible lawsuits and lengthy - Investigating perpetrators of gender-based violence; pregnancies, litigations. - Complaints/reports on gender-based violence or sexually harassment through the GRM; transmitted - Provision of opportunities for workers to regularly diseases, fatality. return to their families; - Information and awareness-raising campaigns II. Labour Camp Management (The minimum labour camp requirements as per OHSAS are given in Annex-3) Workers Accommodation is Workers have low morale which A minimum standard of accommodation is proposed Verify Quarterly PIU/SRMU accommodation considered in turn affects the project as well as other living standards are applied to labour substandard which activities/operations. camps17.

17 https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=standards&p_id=9791 45

Social Management Framework of KPEC Project (Component II)

Category Workers Project Impacts/Risks Mitigation Measures Monitoring Monitoring Responsib Impacts/ Risks Frequency ility building leads to discomfort specifications amongst the (Camps) workers; and concerns about perceived health risks. Camp Workers Conflict escalates which results The camp management must have the following: Verify Prior to PIU/SRMU management (residents) do not discomfort to the workers and - Ensure the space/accommodation to all workers appointment and practices live in harmony ultimately affects the project with equal terms and condition (i.e. minimum space, Contractor and the potential activities/operations. facilities, safety, security). for conflict rises; - Set-up for grievances redressal so they do not - Ensure the code of conduct know how to complain or make a grievance in the camp. Camp location Inappropriate - Siting of camps may result in Selection of potential camp locations includes: Verify Prior to PIU/SRMU camp site/or displacement of residents, - Selection based on the consultations with company establishing and difficult access to loss of productive lands and representatives and affected communities Camp Contractor camp site creates the resources upon these - Approval from concerned local government On-going disturbance and lands. organization with requisite permit. un-comfort to the - Camps may also restrict or - Environment & social management plan of the labour/ workers. impede access to areas for camp location which includes mitigation/avoidance the local community. measures. - Construction camps may result in a noticeable increase in traffic, noise and environmental pollution, which could negatively affect the social amenities of nearby communities and also pose a potential safety issue.

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Social Management Framework of KPEC Project (Component II)

Category Workers Project Impacts/Risks Mitigation Measures Monitoring Monitoring Responsib Impacts/ Risks Frequency ility Maintenance Equipment breaks Workers living conditions are Provide the following to have a proper maintenance: Verify Monthly PIU/SRMU down affecting affected, which in turn could - Regular maintenance and accommodation affect the motivation - Replacement/repair of damages Contractor standards and performance of workers - Periodic supervision Food and dining - Food is not Workers embark on the camp Camp management ensure to provide: Assessment Monthly Food appropriate and management regarding: - Balanced food18 Department there are long - Incidents increase in the - Potable water, accommodation, dining and recreation and queues to get dining halls which areas PIU/SRMU food. could escalate towards - Feedback/complaints on food and dining - Frustrating violence arrangements dining - Morale is low which leads to - Regular meetings with workers nominated experience poor interest and representatives leading to some performance towards the - Complaints must be trended and tracked for remedial incidents in the project activities/operations. action dining hall - Ensure that dining halls have adequate seating, (workers and condiments, cutlery and crockery for efficient service kitchen staff). - Dining times need to be fixed and informed to all workers in the camp Housekeeping The general The overall camp - Ensure that camp grounds and common areas are Verify Regularly PIU/SRMU appearance of the experience is compromised routinely cleaned and organized with appropriate and camp deteriorates which in turn leaves workers signage Contractor making camp life demoralized and demotivated. - Ensure an access to laundry service to all workers unpleasant. Recreation Workers spend Workers are dissatisfied which Access to recreational spots for the workers especially Assessment Monthly PIU/SRMU most of their time result as: during the weekend and in - Non-initiative attitude Contractor the camp and - Lack of interest towards work become bored and disenchanted

Spiritual/ Workers require to Non-attendance of spiritual and Ensure the access to spiritual & religious places/sites. Assessment Monthly PIU/SRMU Religious sites have an access to religious events/places, may In addition, facilitate the workers in terms of and the spiritual & cause frustration and unhappy transport/travelling activities. Provide awareness to Contractor

18 approved by a Nutritionist 47

Social Management Framework of KPEC Project (Component II)

Category Workers Project Impacts/Risks Mitigation Measures Monitoring Monitoring Responsib Impacts/ Risks Frequency ility religious places attitude/behaviour, which will workers to take care of social norms and cultural values nearby the camp. have an adverse impact towards of the community. the performance in the project related activities. Security Inconsistent and Insufficient security and control Ensure the camp security personnel are: Assessment Quarterly PIU/SRMU aggressive on security personnel, which - Adequately trained in appropriate conduct towards and behaviour of may lead towards the workers and community members Contractor security personnel inappropriate use of force for - Exercising constraint and caution and understand towards workers protecting project workers and how force may be used. can result in assets, or inappropriate tensions and behaviour resulting in human conflict at rights claims workplace and a perception of human rights affected. III. Labour and Local Community Interaction Workers - Disturbing the All negative actions on Implement the control measures to avoid/and or Assessment Quarterly PIU/SRMU relations/ nearby community may cause minimize the impacts of camp and living conditions of and interaction with communities hindrance in the project workers on communities. Control measures include: Contractor community due to the construction/operation as well - Encourage to recruit local labour/staff workers’ as other project related - Limited interaction of outsiders/foreign workers with routine activities, such as road the local/nearby community of the camp activities such blockage, community sit-ins - Provide cultural sensitivity awareness training to as recreation, resulting prevention of workers, facilitate appropriate actions interaction with and travelling contractors & suppliers from communities etc. entering the - Limited movement of workers during the peak - Communities Project/ worksite. working hours of community. are negatively impacted by some camp activities as well (i.e. lighting, traffic movement).

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Social Management Framework of KPEC Project (Component II)

Category Workers Project Impacts/Risks Mitigation Measures Monitoring Monitoring Responsib Impacts/ Risks Frequency ility Risk of social - Difference in Impact on the project includes: - Provision of information regarding workers code of Assessment Quarterly PIU/SRMU conflicts cultural norms - Strikes by local workers and conduct in local language(s) and & ethics disturb community which could lead - Organize cultural sensitization/awareness for Contractor the routine life to violence and work workers of workers and stoppage - Consultations with and involvement of local community as - Absenteeism and sit-ins communities in project planning and implementation well. - Awareness-raising among local community - Frequent visit of workers at community places can arise conflict between workers and community Increased traffic Use of already Less organization of commute - Preparation and implementation of traffic Assessment Quarterly PIU/SRMU and rise in existing roads to to work may increase traffic on management plan which might be covered under and accidents project and community road and risks of the ESMP Contractor workers’ camp accidents on roads that may - Construction of additional/separate access roads to sites may cause affect mobility of local community project and workers’ camp sites accidents and and supplies of materials for the - Organize road safety training and defensive driving increased burden project training for staff on community

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Social Management Framework of KPEC Project (Component II)

7.6 Monitoring

The monitoring for the implementation of LMF will be carried out to (a) document the implementation and effectiveness of management and mitigation measures; (b) assess actual impacts against predicted impacts; (c) demonstrate compliance with applicable legal and other requirements. Monitoring will be carried out based on both desk work and field- based verification to confirm that specified mitigation measures are being implemented effectively and achieving the intended outcomes.

The project will undertake monitoring/assessments to determine the extent to which this framework is being implemented. The assessment will be undertaken by social development consultant deployed by Contractor, who will monitor the implementation and submit report to PIU/ Social and Resettlement Management Unit (SRMU). There will also be a third party validation Consultant to be engaged by the PIU , who will undertake periodic monitoring to determine the compliance of this framework.

7.7 Performance Indicators

Performance indicators19 are used to measure and track performance against the effectiveness of mitigation and control measures discussed in this framework. Performance indicators are measurable against a specified target. The performance indicators need to be recoded and accordingly suggest the remedial measures to reduce potential risks and to be reported in periodic reports. List of performance key indicators which will need to be derived are as below: Labour employment and working conditions  Grievances lodged by type and number  Disciplinary action by type and number  Induction training numbers, queries and comments  Issues raised by workers’ committees and action taken  Workforce numbers by local and outsider/foreign workers  Actual demobilization numbers against planned targets and the incidents around demobilization  Project related incidents - stoppages go slows, threats, damage to property, violence (if any)  Absenteeism, sick leave and late arrivals Labour camp management  Grievances lodged by type and number  Disciplinary action by type and number  Induction training numbers, queries and comments  Issues raised by camp committees and action taken  Camp numbers by local and foreign workers  Camp incidents  Food or lodging complaints  Recreation activities

19 Indicators: Leading indicators predict actions to be taken to prevent a risk from escalating - such as complaints from workers about, i.e., the quality of camp food. Lagging indicator would be a work stoppage over camp conditions. General performance indicators may also be relevant, such as training and awareness numbers. 50

Social Management Framework of KPEC Project (Component II)

Labour and local community interaction  No. of community roads used for project purposes  No. of community concerns registered  Grievances lodged by community by type and number  Disciplinary action against concerned employees by type and number  Camp sites accidents by type and numbers

7.8 Information Management

Information management system during project implementation stage will need to be developed to manage data including labour employment & working conditions, camp management, labour interaction with community and other. Information tracking system will be used during implementation considering the key performance indicators and tracking will be used for non-compliances identified in the monitoring reports and accordingly corrective action plan will be prepared.

7.9 Reporting

An internal monitoring periodic report will be compiled to address the labour and working conditions aspects as discussed in this framework, while an external monitoring report will be undertaken by third party consultant and quarterly monitoring report will be pared and accordingly submitted to PIU for onward submission to World Bank.

7.10 Training and Awareness

Training need assessment will be conducted to analyze the knowledge and skills of project workers and community representatives who will be considered for the training implementation. The training and awareness program will cover but not limited to the following areas as presented in Table 7.2 below Table 7.2: Training areas and timelines Training areas Participant Timeline Frequency Mitigation measures Supervisors and senior Prior to Once prior to including all procedures camp management commencement commencement of Personnel who will be of work work involved in training, reporting or monitoring activities. Workplace induction All workers Prior to Refresher training including: commencement annually - Pay slips of work - Disciplinary and grievance procedures - Cultural awareness - Code of conduct Camp induction including: All camp residents Prior to Refresher training - Rules and regulations commencement annually - Code of conduct of work - Camp committee system - Camp food complaints system - Interaction with communities and - Security. Monitoring Personnel who will be Before monitoring Refresher training conducting monitoring commences annually events

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Social Management Framework of KPEC Project (Component II)

Training areas Participant Timeline Frequency Reporting and Personnel who will be Before reporting Refresher training performance indicators compiling reports relating to commences annually labour and working conditions Human rights awareness Senior Management, Prior to As required by Supervisors, security commencement changes personnel (staff and of work in training contracted materials or awareness topics

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Social Management Framework of KPEC Project (Component II)

CONSULTATIONS AND DISCLOSURE

This section describes the process and outcomes of the most extensive consultations carried out with various groups of stakeholders during preparation of the SMF. It also provides a framework for the consultations to be carried out during project implementation. The framework is part of a far-reaching effort by the WB to improve development outcomes and streamline its work. Finally, disclosure requirements for the present SMF are described.

The primary objectives of the meaningful gender inclusive & responsive consultations are to examine whether there is broad consensus in support of the development and construction activities and to seek their inputs/feedbacks to avoid or minimize the adverse impacts associated with the activities of component II; identify the social impacts and mitigation measures; and assess & adopt possible solutions.

Sixteen consultations (Table 8.1) were conducted covering all stakeholders including manufacturers/industrial owners, workers, local community, officials of concerned institutions (FATA Secretariat, FDA, C&W Department, political administration, vocational institutes). The details of the Consultations are presented in Annex-4. A Stakeholder’s Consultation Framework has also been developed as presented. Table 8.1: Stakeholders Consultations Public Location/ Category of consulta Date Name of Participants Venue participants tion No. 1 03-08- FATA Officials - Mr. Vincent Palmade, Lead Economist, World 2017 Secretariat, Bank Peshawar - Mr. Andrew Beath, Senior Economist, World Bank - Mr. Shahab Ali Shah, Chief Engineer, C&WD - Mr. Muhammad Wasif Saeed, Chief Economist, Planning and Development Department (P&DD) - Mr. M. Imran Khan, Project Director (ERKF) - Mr. Abdul Rashid, Consultant (Associate & Development) 2 04-08- FATA Officials - Mr. Vincent Palmade, Lead Economist, World 2017 Development Bank Authority - Mr. Andrew Beath, Senior Economist, World Bank - Ms. Quanita Khan, Economist, World Bank - Ms. Uzma, GS, World Bank - Mr. Anwar Maqsood, GM Technical, FDA - Mr. Arshad Farooq, Manager Skills, FDA - Mr. Mughal Baaz, Director Planning - Mr. Muhammad Humayun, Manager, Industries & Minerals. 3 15-09- Office of the Official - Mr. Salman Rafi, Small and Medium Enterprise 2017 ERKF (SME)/ procurement Specialist 4 15-09- FATA Official - Mr. Muhammad Wasif Saeed, Chief Economist, 2017 Secretariat P&DD 5 15-09- FATA Official - Mr. Anwar Maqsood, GM Technical, FDA 2017 Development

Authority 6 16-09- Industries at Locals/ - Mr. Muhammad Arshad 2017 Jamrud road owners of - Mr. Noman Wazir (Marble city & industries - Mr. Muhammad Wasi Ullah FFL)

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Social Management Framework of KPEC Project (Component II)

Public Location/ Category of consulta Date Name of Participants Venue participants tion No. 7 16-09- Haji Khan Locals - Mr. Sohail Ahmad 2017 Industries owner - Mr. Wahab Khan - Mr. Tahir Khan - Mr. Shahab Khan 8 17-09- Mullagory Workers/ - Haji Abdul Wadood 2017 Industrial owners - Mr. Abdul Majeed zone - Mr. Muhammad Noshad 9 18-09- C&W Official 2017 Department, - Mr. Shahab Ahmad, Chief Engineer Peshawar 10 19-09- FATA Officials - Mr. Maqsood Ahmad, GM Technical 2017 Development - Mr. Muhammad Humayun, Manager Industries/ Authority Mines - Mr. Tofail Ahmad, Project Director (PD) (Skills) 11 19-09- FATA Officials - Mr. Muhammad Humayun, Manager Industries/ 2017 Development Mines Authority - Mr. Noor Muhammad, AD (Industries) - Mr. Amir Nawaz, Political Tehsildar 12 19-09- Mohmad Local - Mr. M. Nowshad 2017 Marble City community - Mr. Laiq Sher - Mr. Nizam Ahmad - Mr. Mr. Amir Zada - Mr. Muhammad Jaiz - Mr. Dilawaiz - Mr. Mohib Khan 13 20-09- FATA Officials - Mr. Tofail Khan Saleem, PD (Skills) 2017 Development - M. M. Imran, Training Coordinator (Skills) Authority - Mr. Mohib Khan (FDA) - Mr. M. Arshad Farooq, Manager (Skills) - Mr. Zarghum Shah, Deputy Director (Skills) 14 20-09- Jamrud & Officials/ - Mr. Kiramat Ahmad Mian, Principal 2017 Bara locals - Mr. Fahad Amin, Head (Electrical) (Vocational - Mr. Shafiqullah, Superintendent (Technical Training Education) Institute) - Mr. Shah Waqar, Instructor (Electrical) - Mr. M. Siddique, Instructor (Auto-Mechanical) - Mr. M. Danish, Instructor (Auto) - Mr. Nazir Iqbal, Lecturer (Math) - Mr. Zahid Shah, Shop Assistant - Mr. Siraz-ud-Din, Shop Assistant - Mr. Jamshaid Khan, Instructor (Mechanical) - Mr. Daud Khan, Lecturer (Computer Engg.) - Mr. Jamshaid Banuori, Instructor (Welding & Plumbering) 15 07-11- Malakano Local - Ms. Nazma, Teacher 2017 Kaley, (Tribe women/ - Ms. Haseena, Teacher Koki Khel) Trainees - Ms. Nida, Teacher - Ms. Shahida - Ms. Mujahida - Ms. Shaheen - Ms. Gulabzari - Ms. Maryam - Ms. Shireena - Ms. Maryam - Ms. Safia - Ms. Salma - Ms. Lubna - Ms. Basida - Ms. Aqalmina - Ms. Halima - Ms. Noor

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Social Management Framework of KPEC Project (Component II)

Public Location/ Category of consulta Date Name of Participants Venue participants tion No. - Ms. Sania - Ms. Ulfat - Ms. Safa - Ms. Marwa - Ms. Bilqees 16 07-11- Malak Abad, Local - Ms. Waheeda, Teacher 2017 Tribe Koki women/ - Ms. Sabeen, Teacher Khel (Women trainees - Ms. Raheela, Teacher skill - Ms. Amna development - Ms. Jarneela centre) - Ms. Sabar Mina - Ms. Zaiba - Ms. Farshada - Ms. Swata - Ms. Fozia - Ms. Sumayya - Ms. Sadia - Ms. Tajmina - Ms. Afsha - Ms. Shakeela - Ms. Bibi Gul - Ms. Shama - Ms. Maryam - Ms. Fatima - Ms. Shifa - Ms. Noreen - Ms. Rukhsaar - Ms. Basreema

8.1 Community Consultations

The community consultations were made with potential PAPs, local community/workers, local women, female teachers and female trainees (skill development) in order to get their feedback. The feedback is summarized as below:  Mullagori industrial zone has issues with respect to the: (a) electricity, (b) access roads, (c) sewage/drainage system, (d) natural gas (e) water supply (f) first aid service/health facilities, (g) latest machinery (h) rehabilitation of existing structures/buildings, (i) financial/loaning assistance, (j) bank institution in the vicinity of industrial zone.  There are more than 3,000 workers who are employed in this Industrial zone but there is no electricity for last 3 months.  The upgradation of this infrastructure/Industrial zone may require reliable and dependable electricity, access to connecting roads, motivation/encouragement to the investors for construction of industries in this zone as land is already available.  There might be land acquisition, due to which, there will be loss of crops, trees, structures and other assets as well as relocation of public utilities/infrastructure.  All necessary upgradation of vocational institute including latest equipment/machines, toolkits and rehabilitation of building as well as installation of security system will be required.  The temporary loss will also be incurred because of mobility/transportation of equipment/machinery, relocation of public utilities, which will also need to be compensated. All losses need to be adequately compensated.  The gender issues such as restricted mobility, privacy, limited involvement in decision making and ownership rights, eligibility & entitlements of compensation and livelihood restoration have been identified.

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Social Management Framework of KPEC Project (Component II)

8.2 Consultative Meetings with Officials

In addition to the community consultations discussed in section above, 10 institutional consultations20 were carried out with related departments/political administration. The feedback of these consultation meetings is as below:  Construction of Combined Effluent Treatment Plants (CETP) may be carried out to minimize the effluent.  Assistance is needed to focus particularly on the development of a Common Facility Training Center (CFTC) at MMC and of women skills development centers.  The stakeholder emphasized that four (4) link/access roads will need to be constructed under the project consisting of total 79 km length, where 40 km are new road and 39 km are existing roads.  Construction of a bridge at Kabul river adjacent to the MMC is also required.  Construction of new roads & bridge and rehabilitation and widening of existing roads involves land acquisition, due to which there will be loss of crops, trees, structures, and other assets as well as livelihood of the people/local community.  FDA is of the view that the construction of CFTC may be considered under Up- gradation activity of Industrial zone.  There might be land acquisition, due to which, there will be loss of crops, trees, structures and other assets as well as relocation of public utilities/infrastructure.  Two vocational Institutes are located in FATA (i.e. vocational instate at Jumrud and Bara). The Bara Institute is under expansion and the construction work is in advance stage of completion including construction of one hostel.  FDA is of the view that all male students will be shifted in Vocational Institute at BARA, while the Vocational Institute at Jamrud may be allocated for females as there are settlements/towns in the vicinity of the Institute.

8.3 Stakeholders Consultation Framework

The project related impacts, issues and accordingly their mitigation/resettlement measures as well as the implementation process and procedures will require extensive consultations. Thus, the stakeholder consultation and participation during various stages of the project will help to improve decision making and ultimately lead to reduced social conflicts and other risks that can impact the successful implementation of the project. The civil works activities under the Component II of the project will have an social impacts related to gender, labour, and impact on land resource (Private/ Communal/ tribal) loss of trees, crops as well as other assets as specified in RPF. Consultations can serve as one avenue to identify ownership, type and magnitude of impact, eligibility, entitlements of compensation. This will require consultations with PAPs and local community (Jirga) as well as consultation with line departments/agencies (PA/APA). Consultations also include disclosure of information through distribution of brochures/leaflets, print and electronic media, and placement of banners at conspicuous places. The information includes eligibility, compensation of payment, project GRM and documents requirement for submitting claims for compensation.

Depending on the actual situation, stakeholder’s consultations will continue throughout the project period, i.e. design, preparation and implementation to obtain stakeholders feedback to minimize the adverse impacts of the project. Project stakeholders include but are not

20 Institutional consultations – consultations with officials of concerned lined Departments and political administration (Political Tehsil Dar).

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Social Management Framework of KPEC Project (Component II) limited to PAPs/community (local Jirga), concerned government departments, local administration (PA/APA) and the community representatives from the proposed project area. The Stakeholder Consultation Framework for Component II of KPEC Project is presented in Table 8.2 below: Table 8.2: Stakeholder’s Consultation Framework Activity Target Stakeholders Timeline Responsibility  Public awareness campaigns/scoping Potential Once PIU/SRMU/ sessions to share the SIA/SMP, PAPs/communities PIU/SRMU Project PCRMP (if required) and RAP/ARAPs (Jirga) in the project are Consultants. with PAPs/communities; and other area. established stakeholders through holding consultations/consultative meetings. Information disclosure including distribution of brochures/ leaflets, publications in print and electronic media, and placement of banners at conspicuous places along the project alignment

Location: various places along the project alignment.  Consultations and participation Potential PAPs; PAP After PIU/SRMU/ during verification of resettlement committees; and contractor Project impacts and PAPs list communities (Jirga/ mobilization Consultants. Location: various places in project Elders) in the project and initial area. area. field survey.  Consultations with PAPs/Communities Before PIU/SRMU/ PAPs/communities during formation (Jirga). commence Project of PAP Committees (PAPCs). ment of Consultants. Location: various places in project construction area activities.  Establishment of GRM and GRCs PAPs/Communities Before PIU/SRMU/ Location: various places in project (Jirga) commence Project area ment of Consultants. construction activities.  Grievance redress, labour and PIU staff; SRMU; Construction PIU/SRMU/ gender issues, PCRs Contractors; Stage Project Consultants; relevant Consultants. Location: various places in project line departments; and area PAPC (Jirga).  Informal consultations and PAPs/Communities Construction PIU/SRMU/ discussions. (Jirga). Stage Project Location: various places in project Consultants. area  Focus group meetings to obtain Women and girls Subproject PIU and RAP views of stakeholders and ensure particularly from the implementat Consultants. their involvement in project design affected communities/ ion stage and implementation PAPs. Location: various places in project area  Consultations with PAPs/ PAPs/ Communities Construction PIU/SRMU/ communities during internal (Jirga) Stage Project monitoring Consultants. Location: various places in project area  Fortnightly meetings at project sites PIU staff; SRMU; Construction PIU and SRMU with PAPs contractors; Stage Location: Site offices consultants; and PAPCs (Jirga).

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Social Management Framework of KPEC Project (Component II)

 Consultations with the PAPs/ PAPs/ Communities Construction Independent Communities during the Independent (Jirga). Stage monitoring Monitoring consultant Location: various places in project area  Consultation workshops to review PAPs/ Communities Six-monthly PIU and SRMU SIA/SMP and RAP/ARAP (Jirga); relevant line during implementation, any outstanding department; relevant construction issues and grievances, views and NGOs/ CBOs. phase concerns of PAPs; and actions needed to address them.  Location: site offices within project area.  Consultations with the PAPC (Jirga) Operation PIU/SRMU/ PAPs/Communities relating to the Stage Project leftover tasks Consultants. Location: various places in project area  Consultations with PIU; project Construction PIU/RU; PAPs/Communities during site visits consultants; /Operation WB Mission by the World Bank Review Missions. contractors; PAPs; and Stage Location: various places in project PAPCs area

8.4 Disclosure

A stakeholders’ consultative workshop for disclosure of SMF has been conducted and accordingly comments have been incorporated in the draft SMF. SMF will be disclosed at the websites of FATA Secretariat, and World Bank.

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Social Management Framework of KPEC Project (Component II)

INSTITUTIONAL ARRANGEMENTS

9.1 General

This section presents the institutional arrangements for the implementation of social safeguard documentsof the activities of the Component II of KPEC Project.

9.2 Overall Oversight and Implementation Arrangements

The Project oversight will be the responsibility of a Project Steering Committee (PSC), which will comprise representatives of the Ministry of Commerce (MoC), Ministry of States and Frontier Regions (SAFRON), National Highway Authority (NHA), the FATA Secretariat and possibly the Khyber Pakhtunkhwa (KP) Government.

9.3 Project Implementation Unit (PIU)

National Highway Authority (NHA) will establish a Project Implementation Unit (PIU) in Peshawar which will implement both Components I and II. The PIU will also include representatives from the FATA Secretariat and will be supported by consultants who will assist with the implementation of Component II activities that are beyond the technical competence of NHA and for which the FATA Secretariat requires support. The PIU will also have the responsibility to look after the social safeguards related tasks of KPEC project (Component II). For the implementation of social safeguard aspects, different entities will be involved including the PIU itself and a SRMU which will need to be established within the PIU. Roles and responsibilities of these entities are described below.

9.4 Social and Resettlement Management Unit (SRMU)

The SRMU will be established within PIU with a mandate to ensure compliance with the FCR (1901), Land Acquistion Act, national regulatory as well as World Bank safeguard policy requirements pertaining to social, and resettlement aspects. The proposed composition of SRMU is as below: • Deputy Manager, Social and Resettlement: focal person for social and resettlement aspects • Assistant Manager (Social): member; • Assistant Manager (Resettlement): member. • Representative of CBO/ or local NGO: member. The SIA/SMP, PCRMP and RAP/ARAP of sub-projects will be prepared by SRMU in accordance with SMF and RPF by hiring a consultant/or by supervisory consultants and these will be submitted to WB for approval. For the preparation and implementation of SIA/SMP, PCRMP and RAP/ARAP, the SRMU will have the following specific functions: • Assist and supervise the Consultants for the preparation/update of RAP/ARAPs and SIA/SMPs, PCRMP (if required) at the final design stage, including additional inventory surveys, measurements, assessment, and valuation in coordination with concerned departments;

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Social Management Framework of KPEC Project (Component II)

• Assist and supervise the Consultants for the implementation of the approved RAPs/ARAPs and SIA/SMP in accordance with the procedure given in this SMF and RPF and through the assistance of Resettlement Unit (RU) under the PIU at sub-project level which will be established for the implementation of RAP/ARAP; • The SRMU will hold monthly meetings with the Consultants to review the progress, to identify related gaps and issues, and to determine corrective actions needed; • Maintaining close liaison and coordination with various project entities including PAPC for male and female, and GRC (discussed later in the following section); • Maintaining liaison with regulatory agencies/authorities and WB, as needed; and • Preparation and dissemination of periodic reports (internal & independent monitoring reports) in coordination with the Consultants.

9.5 Resettlement Unit (RU)

The RU is likely to be established at Sub-Project level (field level) for the implementation of the RAP/ARAP (when RAP/ARAP is prepared). The RU may include the following members, in addition to its own technical staff including an Executive Engineer: • Land Acquisition Collector (KP)/ Assistant Political Agent (FATA) • Representative of PIU • Representatives of Contractor • RAP/ARAP Implementation Consultant • Naib Tehsil Dar/ Patwari (KP) • Representative of PAPC (male & female) With respect to RAP/ARAP implementation, the major responsibilities of RU will include: • Distribute the notices to the entitled PAPs regarding payment of compensation; • Facilitate the PAPs for completing the necessary documentation to receive their entitled payments; • Maintain liaison and interaction with the PAPs and local communities to address their concerns; • Provide proper guidance to PAPs for the submission of their requests for compensation as per eligibility and entitlement; • Help the PAPs to forward their complaints, if any, to the GRC; • Help the PAPs in any other related activities; and • Maintain close liaison with PIU, SRMU, contractor, and relevant government departments for RAP implementation.

9.6 Supervisory Consultants

Supervisory Consultants will also be employed for SIA/SMP, PCRMP (if required) and RAP/ARAP preparation, update (if any) and implementation. Their key responsibilities in this context will include: • Preparing sub-project SIA/SMP, PCRMP (if required) and RAP/ARAP in accordance with SMF and RPF and its submission to Client and World Bank for review and clearance;

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• Updating RAP/ARAPs (if required), at the final design stage, including additional inventory surveys, measurements, assessment, and valuation in coordination with concerned departments, PIU, and SRMU; • Establish and maintain a database for inventory of losses, details of various categories of PAPs, compensation amount for each PAP, details of compensation payment made to PAPs, grievances received, grievances resolved, consultations, and details of vulnerable PAPs; • Implementation of the approved SIA/SMP, PCRMP (if required), RAPs/ARAPs in accordance with the procedure and schedule given in this document and in coordination with the RU and SRMU; • Maintain an up-to-date record of SIA/SMP, , PCRMP (if required) and RAP/ARAP implementation; • Hold regular meetings with SRMU and RU regarding the SIA/SMP, , PCRMP (if required) and RAP/ARAP implementation progress, to identify related gaps and issues, and to determine corrective actions needed; • Facilitate timely payment of compensation to the PAPs; • Support PIU, SRMU and RU in establishing and functioning of an effective GRM for the project (GRM is discussed later); • Maintaining close liaison and coordination with various project entities including PIU, RU, SRMU, and GRC; • Maintaining close liaison and coordination with various government departments including PA/APA, Political Tehsil Dar, Revenue, Forest, Communication and Works (C&W), and Agriculture; • Develop a framework for community consultations and information disclosure to ensure PAPs are well aware of the project impacts, eligibility, entitlements, compensation and allowances, schedule of compensation disbursement, complaints and grievance redress procedure, and all relevant project related information; • Facilitate formation of PAPCs at the village level; • Maintaining close liaison and coordination with local communities particularly with PAPs and PAPC; • Inform PAPs about the process of compensation disbursement and facilitate them in preparation of required documents for compensation payments; • Maintaining liaison with regulatory agencies/authorities and WB specialists, as needed; • Support PIU/SRMU/RU for dissemination of information pertaining to SIA/SMP, , PCRMP (if required) and RAP/ARAP and its implementation; • Preparation and dissemination of SIA/SMP, , PCRMP (if required) and RAP/ARAP implementation progress reports in coordination with the SRMU; and • Disclosure and dissemination of project information booklet prepared based on the final RAP/ARAP. The RAP implementation consultants will be required to ensure effective implementation of RAP/ ARAP.

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9.7 Government Departments

Various line departments that are relevant for RAP/ARAPs implementation include the National Highway Authority, PA/APA, Political Tehsil Dar (FATA area), Revenue Department for valuation of land and other assets and any land acquisition if needed in KP.; Forest Department in case of damage to any forest trees; Agriculture Department for valuation of crop damages; Public Health Engineering Department in case of any government-owned tube-wells are affected; WAPDA; C&W Department in case of any damage to local roads as well as valuation of affected buildings and structures. The PIU/SRMU/RU will be responsible to contact the concerned department in a timely manner and maintain liaison during the construction works.

9.8 Project Affected Persons Committees (Village or Jirga level)

A Project Affected Persons Committee (for men and women) may be formed at the field level with participation from each village. The PAPC will be responsible for the following activities:  Interaction between the community particularly PAPs and the PIU, SRMU and RU;  Participate in the survey of the affected communities and PAPs;  Participate in the consultations to be carried out by PIU, SRMU, RU, and monitoring consultants;  Disclosure of project and SIA/SMP, PCRMP and RAP/ARAP information among the communities particularly the PAPs including female;  Help and facilitate the PAPs in completing the requisite documents for compensation payments;  Ensuring payment of compensation in accordance with the entitlement matrix given in the approved RAP/ARAP; and  Facilitate early resolution of grievances and complaints raised by the communities particularly PAPs including female.

9.9 Independent Monitoring Agency

The PIU may engage IMA to periodically monitor project activities to ensure compliance with the design and other requirements such as social safeguards. The IMA will also be responsible to monitor the SIA/SMP, PCRMP and RAP/ARAPs implementation. For this purpose, they will periodically visit the site, hold meetings with the PIU, SRMU, RU, and most importantly, the PAPC (Village level/Jirga). They will review the documentation related to SIA/SMP, PCRMP (if required) and RAP/ARAPs implementation and particularly review the GRM record.

GRIEVANCE REDRESS MECHANISM

10.1 Grievance Redress Mechanism

A GRM21 will be established and this may be at each sub-project level to facilitate amicable and timely resolution of complaints and grievances of the communities including PAPs

21 Guidance on GRM is available in the following documents: 1) World Bank. 2014. The World Bank's Approach to Grievance Redress in Projects. Washington, DC (https://openknowledge.worldbank.org/handle/10986/20119.) 2. World Bank. 2014. Evaluating a grievance redress mechanism. Washington, DC : World Bank Group 62

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(male and female) regarding all social issues including land acquisition, resettlement/relocation, and livelihood restoration. An Interactive Voice Response System to record project-related grievances and suggestions will also be considered.

Under the GRM, GRC will may be formed comprising of PIUs, APA, District Officer (Revenue), representative of SRMU, RU, representative of supervisory consultants, member of PAPC (male and female) and Naib Tehsil Dar/Patwari (Revenue record keeper). GRC can be formulated at the PIU/SRMU level.

Under the GRM, community Complaint Register will be maintained by the PIU/SRMU. All complaints and grievances will be logged in the register along with details including date of complaint, name, address of complainant, location, and description of complaint. The GRC will then fill additional details in the register including the corrective action needed, timeframe for corrective action to be taken, and person/project entity responsible for corrective action. Once the corrective action is implemented, the GRC will document the associated details in the register including the description of action taken, date of action completion, views of the complainant regarding the corrective action, and any residual grievance. GRM procedures will be disseminated particularly among the local communities/local Jirga and PAPs. GRM will be gender responsive, culturally appropriate, and readily accessible to the PAPs at no cost and without retribution.

For making GRM effectively operational, the set-up of GRM will be at different tiers. First Tier (GRM at Community level/Jirga): At first step, the GRM will be at Community level22 (that may be a village or group of villages). This will include (a) representative of PAPC/Jirga (PAPC –male and female members) (b) Social mobilizer (male and female) and (c) Naib Tehsil Dar/Patwari (Revenue record keeper). The minor grievances/complaints can be resolved/handled at this level (first tier). If a complaint cannot be resolved at this level, it will be formally forwarded to PIU (GRC), i.e. 2nd tier. If grievance/complaint still could not be resolved, it will be forwarded to the Project Steering Committee (3rd tier). Grievance (s) will be resolved and notification will be made.

For effective operation of GRM, the following steps/tiers will be followed:

 Tier 1 (Village/Community level – Local Jirga): When a grievance arises, the PAP (male or female) may contact directly with the village level committee. The committee may resolve the concern at their door step. If the issue is successfully resolved, no further follow-up is required. The committee will make all efforts to resolve the issue within 10 days of launch of complaint.

 Tier 2 (GRC at PIU level): If no solution can be found at Tier 1, the PAP (male and female) may enter concern/grievance to the GRC (PIU). The GRC will log the complaint along with relevant details in the community CR. For each complaint, the GRC will investigate and prepare Fact-Finding Report and assess its eligibility, and identify an appropriate solution. Accordingly, the concerns will be redressed/appropriately responded within two weeks. Thus, the GRC will, as appropriate, instruct the responsible entity to take corrective actions. The GRC will review the responsible entity’s response and undertake additional monitoring as needed. During the complaint investigation, the GRC will work in close consultation with the Contractors, the Project Consultants, PIU/SRMU and RU.

(http://documents.worldbank.org/curated/en/431781468158375570/Evaluating-a-grievance-redress- mechanism). 22 Community level refers to village level or group of village PAPC (male & female). 63

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 Tier 3 (Project Steering Committee level): If still, the complainant is not satisfied/issue not resolved, then GRC will forward the complaint to Project Steering Committee for remedial measures and decisions/grievance (s) will be resolved accordingly. The grievance (s) will be resolved within three weeks.

10.2 Grievance Redress System and Procedure

1. Any grievance in written, verbal or digital form shall be recorded by the receiving office in its Grievances Record System which will be maintained at PIU; 2. A serial number will be assigned to it together with the date of receipt; 3. A written acknowledgement to a complainant shall be sent promptly and in any case not more than 3 working days; 4. The acknowledgement shall contain the name and designation of the officer who will deal with the grievance; information that necessary action will be taken within the specified working days from the date of receipt of the grievance by the officer concerned; name, address, email-id and phone number of the authority which the complainant could approach if the matter is not redressed within the specified timeframe or if he is not satisfied with the action taken; 5. If the office receiving the grievance/complaint is not the one designated to consider and dispose it, the receiving office shall forward it to the designated office, but after having complied with the requirements at 1 to 3 above; 6. The office designated to consider the matter shall make every effort to ensure that grievances/appeals are considered and disposed of within the stipulated period of fifteen days; and 7. If the grievance redress mechanism fails to satisfy the aggrieved affected person at all levels, he can submit the case to the appropriate court of law.

10.3 Closure of Grievance

The complaint shall be considered as disposed of and closed when: 1. The designated authority has acceded to the request of the complainant fully; 2. Where the complainant has indicated acceptance of the response in writing; 3. Where the complainant has not responded to the designated authority within one month of being intimated about the final decision of the grievance officer on his grievance/complaint; 4. Where the complainant fails to attend the proceedings of the GRC with in the stipulated period of the disposal of the complaint; and 5. Where the complainant withdraws his/her complaint.

10.4 Exclusions

The following allegations/complaints shall not be construed or taken up for consideration and disposal as ‘Grievances’:  Cases involving decisions/policy matters in which the complainant has not been affected directly/indirectly;  Cases where quasi-judicial procedures are prescribed for deciding matters or cases that are sub-judice;

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 A Grievance which has already been disposed of by the higher level Grievance Cell; and  Complaints of corruption which should be lodged and dealt with separately from this system.

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CAPACITY DEVELOPMENT AND TRAINING

Capacity building will be needed to ensure that institutions involved in the implementing of different components of SMF have the technical, management and other skills to perform their role and responsibilities efficiently and in a timely manner.

The key institutions for capacity building includes, i) PIU & SRMU ii) the Contractor, iii) Consultants, line-departments/agencies, local NGOs, and other concerned who will be involved in the implementation of SIA/SMPs, PCRMPs and RAP/ARAPs and other social safeguards instruments.

The technical officials/engineers of FATA Secretariat/ FDA, Contractor staff has limited experience regarding the social safeguard and management. As discussed above, PIU will be overall responsible for implementation of the SIA/SMP, PCRMP (if required) and RAP/ARAP, therefore basic training on regulatory requirements, social impacts, and social impact assessment and management would greatly improve the capability of relevant technical staff in carrying out their responsibilities under the proposed KPEC Project (Component II).

The following Table 11.1 summarizes the training requirements of all the relevant staff who will be involved in the implementation of SMF/SIA/SMP, PCRMP and RPF/RAP/ARAPs, basic training for key personnel on regulatory requirements, SIAs and SMF, PCRMP, RAP/ARAPs. Details regarding training/capacity development are presented in Table 11.1 as below. Table 11.1: Training/ Capacity Development Training activity Participants Schedule World Bank Involuntary Resettlement PIU, SRMU, RU, PA/APA, Political Tehsil Dar, Prior to OP/ BP (4.12), access to information, FDA, project engineers, Contactors, commence SIA/impact assessment, SIA/SMP, Consultants, representative of line- ment of PCRMP, RAP/ARAP, eligibility and departments, revenue department and other project entitlement matrix, monitoring & concerned officials/staff. activities (2 evaluation, GRM, consultation & (10-20 participants) Workshops) information disclosure and lessons learnt from previous projects Advanced training on assessment, PIU, SRMU, RU, PA/APA, Political Tehsil Dar, Immediately management, monitoring, including FDA, project engineers, Contactors, after project details on SIA/SMP and RAP/ARP, Consultants, representative of line- commence labour, gender and PCRMPs departments, revenue department and other ment and concerned officials/staff. ongoing (10-20 participants) during project implementat ion (12 Workshops) Training on participatory development PIU, SRMU, RU, PA/APA, Political Tehsil Dar, On-going through participatory practices, GRM, FDA, project engineers, Contactors, during the labour issues and PCRs. Consultants, representative of line- project departments, revenue department and other implementat concerned officials/staff. ion (12 (10-20 participants) Workshops) Gender and Development (GAD)/ PIU, SRMU, RU, PA/APA, Political Tehsil Dar, On-going gender analysis/ issues FDA, project engineers, Contactors, during Consultants, representative of line- project departments, revenue department and other implementat concerned officials/staff. ion stage (6 (10-20 participants). Workshops)

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Training activity Participants Schedule Need based skill enhancement training PMU, PA/ APA, Political Tehsil Dar, FDA, On-going program project engineers, Contactors, Consultants, basis, during representative of line-departments, revenue implementat department and other concerned officials/ ion stage (6 staff. (10-20 participants) Workshops)

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SMF BUDGET

This section provides the budget for implementing the SMF. The budget includes capacity building and mitigation costs as detailed in table 12.1 and 12.2 below: Table 12.1: Budget for Capacity Development & Trainings for SMF

Training Component One Day Workshop (PKR) Training Design/Module Development 200,000 Training Manual/Reading Material 100,000 Resource Person Fee 100,000 Operational Costs (Venue, Refreshments, multimedia, stationary etc.) 150,000 Total Cost Per Workshop 450,000 Total Cost of 63 Workshops over project period 28,350,000

Table 12.2: SMF Implementation Cost

Budget head Description Annual Cost (PKR) Total Project Cost (6 years) (PKR)

Capacity Building Training of project staff, 4,725,000 28,350,000 and Training contractors, stakeholders etc.

Third Party Independent Monitoring 3,000,000 18,000,000 Validation Consultants

Mitigation Costs To be built into BOQ/Bidding 25,000,000 150,000,000 Document as part of project cost @ 2% of total project costs)

Total 32,725,000 196,350,000

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MONITORING AND EVALUATION MECHANISM

13.1 Monitoring and Evaluation

Monitoring of the implementation of SMF/SIA/SMP, PCRMP (if required) and RPF/RAP/ARAP implementation23 will be carried out in two tiers. In the first tier, internal monitoring will be carried out by PIU with the assistance of SRMU, whereas in the second tier, external monitoring will be carried out by the IMA. The purpose of these monitoring activities is to ensure that the implementation of safeguard documents (SMF/SIA/SMP, PCRMP and RPF/RAP/ARAP) in a timely manner, in accordance with the procedures described in the SMF, and in compliance with the national as well as WB safeguard policies. These monitoring tiers are described below.

13.2 Internal Monitoring

Internal monitoring will be carried out by the PIU, this may be through the SRMU. The PIU/SRMU staff will make regular field visits to monitor the SIA/SMP, PCRMP and RAP/ARAP implementation activities in line with the procedures and guidelines given in this SMF and RPF. SRMU will hold meetings with the PIU and RU as well as consultants, PAPC, project engineers, revenue staff, in order to review the disbursement of payment of compensation, social mobilization, GRM record, progress reports, and also hold meetings with the local community particularly the PAPs. SRMU will also assess the compliance status with respect to the national regulatory and WB safeguard policy requirements. The monitoring results will be compiled in the form of monitoring reports. A summary of these reports will be included in the quarterly project implementation reports, which will be distributed within NHA, FATA Secretariat and FDA and will also be shared with the WB. The monthly progress reports will be consolidated on quarterly basis and will be submitted to World Bank. Specific monitoring indicators will be as follows:  Information campaign and consultation with PAPs;  Status of land acquisition and payments on land compensation;  Compensation for affected structures and other assets;  Relocation of PAPs;  Payments for loss of income/ livelihood;  Selection and distribution of replacement land areas; and  Income restoration activities  Gender segregated analysis of RAP implementation  Progress on the gender sensitive grievance redress mechanism

13.3 Independent Monitoring/Third Party Validation

The independent monitoring will be carried out by IMA, which will be engaged by PIU. The IMA will develop monitoring and evaluation indicators for the study on the basis of the SIA/SMP, PCRMP and RAP/ARAP and the underlying objectives of the national regulations as well as WB policies on involuntary resettlement.

23 RAP will be prepared later on the finalized design.

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Independent monitoring will be carried out on bi-annual basis. The key objectives of this process are to ensure that the provisions of the SIA/SMP,PCRMP and RAP/ARAP are effectively implemented, compensation payments are paid in a timely manner to the entitled PAPs, public consultations are carried out, GRM is functional and grievances are addressed effectively as well as in a timely manner, and the PIU/SRMU is maintaining an up-to-date record of the monitoring reports.

The IMA will review the status of the SIA/SMP, PCRMP and RAP/ARAP in the light of the policy, principles, targets, budget and duration that has been laid down in this SMF and RPF. Monitoring protocols will be both quantitative and qualitative. The quantitative will include interviews with PAPs including women, while in case of qualitative, focus group discussions/community consultations, physical verifications will be taken in account. Quantitative information will be collected by using well-structured data collection tools and semi-structured format/checklist will be used in case of qualitative information.

The key tasks during monitoring include:  Develop specific monitoring indicators for undertaking monitoring and evaluation for implementation including the compensation payments, community participation, consultation, and disclosure;  Review results of internal monitoring and verify claims through random checks (minimum 25% sample size) at the field level to assess whether resettlement objectives have been achieved;  Involve the PAPs and community groups in assessing the impacts of resettlement for monitoring and evaluation purposes;  Review and verify the progress of RAP/ARAP implementation and prepare quarterly and bi -annual reports for the PIU;  Evaluate and assess the adequacy of compensation given to the PAPs and the livelihood opportunities and incomes as well as the quality of life of PAPs especially women and vulnerable groups;  Evaluate and assess the adequacy and effectiveness of the consultative process with the PAPs, particularly with vulnerable PAPs & women, including the adequacy and effectiveness of grievance procedures and legal redress available to the affected parties, and dissemination of information;  Assess socioeconomic conditions of the PAPs at the post implementation period of RAP/ARAP;  Capture reactions from PAPs on entitlements and compensation;  Assess changes in housing/business restoration, income restoration, and income levels;  Analyze and compare the livelihood and living standard of PAPs for pre- and post- project scenarios;  Evaluate and assess the adequacy and effectiveness of GRM; its recording, reporting and processing time and its redressal;  Evaluate and assess the adequacy and effectiveness of the institutional arrangements, PIU, SRMU, FDA, and consultants;  Assessment of the resettlement and social management efficiency, effectiveness, impact and sustainability for drawing lessons for future resettlement policy formulation and planning;

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The IMA will also assess the status of project affected vulnerable groups such as female- headed households, disabled/elderly and families below the poverty line. The following will be considered as the basis for monitoring and evaluation of the project:  Socio-economic conditions of the PAPs in the post-resettlement period;  Communications and reactions from PAPs on entitlements, compensation, options, alternative developments and relocation timetables etc.;  Changes in housing and income levels;  Rehabilitation of squatters;  Valuation of property;  Grievance procedures/mechanism;  Disbursement of compensation; and  Level of satisfaction of the PAPs in the post resettlement period.

The IMA will carry out a post-implementation evaluation of the RAP implementation about a year after completion of its implementation. The compelling reason for this study is to find out if the objectives of the RAP have been attained or not. The benchmark data of socioeconomic survey of severe impacts/severely affected PAPs conducted during the preparation of the RAP will be used to compare the pre and post project conditions. The external monitoring agency/consultant will recommend appropriate supplemental assistance/or corrective action plan for the PAPs to ensure the accomplishment of objectives of the RAP.

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PHOTOLOG

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Stakeholder Consultations

Plate 1: Consultations with Manufacturer of Plate 2: Consultations with Manufacturer of Steel Marble Industry at Jamrud Road. (FFI) Industry at Jamrud Road.

Plate 3: Consultations with Owners of Marble Plate 4: Land use in the Vicinity of Mulagori. Industry near Mulagori.

Plate 5: A view of Kabul River near Mullagori. Plate 6: A view of Existing Road Passes towards MM City (MMC).

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Plate 7: Location of MM City. Plate 8: Boundary Wall of MM City.

Plate 9: A view of Settlement nearby MM City. Plate 10: Entrance gate of MM City.

Plate 11: A view of inside of MM City. Plate 12: A view of Grid Station at MM City.

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Plate 13: A view of inside area of MM City Plate 14: Structures in the Vicinity of Mulagori Industrial Zone. Industrial Zone.

Plate 15: Access road approaching to Mulagori Plate 16: Access road within Mulagori Industrial industrial Zone. Zone.

Plate 17: A view of Marble Factory and Drainage Plate 18: A view of Marble Factory and Drainage system in the Mulagori Industrial Zone. system in the Mulagori Industrial Zone.

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Plate 19: A view of Marble Factory and Drainage Plate 20: A view of Marble Factory and Drainage system in the Mulagori Industrial Zone. system in the Mulagori Industrial Zone.

Plate 21: A view of Marble Factory and Drainage Plate 22: Condition of existing road at Mulagori system in the Mulagori Industrial Zone Industrial Zone (IZ).

Plate 23: A Marble Factory in Mulagori Industrial Plate 24: A view of Marble Factory and Worker Zone. working at Mulagori Industrial Zone.

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Plate 25: Existing Drainage condition at Mulagori Plate 26: Existing condition of access road at Industrial Zone. Mulagori Industrial Zone.

Plate 27: Existing condition of buildings at Plate 28: Existing Drainage condition at Mulagori Mulagori Industrial Zone. Industrial Zone.

Plate 29: A view of Marble factory surrounded by Plate 30: A view of Marble factory surrounded by shrubs at Mulagori Industrial Zone. shrubs at Mulagori Industrial Zone.

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Plate 31: A Marble factory at Mulagori Industrial Plate 32: Settlements nearby Mulagori Industrial Zone. Zone.

Plate 33: Marble Industry at Mulagori Industrial Plate 34: Consultations with owner of a Marble Zone(IZ). factory at Mulagori Industrial Zone.

Plate 35: Consultations with owners of Marble Plate 36: Consultative meeting with Chief Industry at Mullagori Industrial Zone(IZ). Engineer C&W Department Peshawar.

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Plate 37: Consultative meeting with GM (Tech.), Plate 38: Drainage condition at Mullagori PD (Skills) and Manager (Industries) at FATA Industrial Zone(IZ). Development Authority.

Plate 39: A view of Drainage condition at Mullagori Plate 40: Location of the Proposed Bridge at Industrial Zone(IZ). Kabul River nearby MM City.

Plate 41: Location of the proposed Bridge to be Plate 42: Consultative meeting with Political Tehsil constructed at Kabul River nearby MM City. Dar at MM City.

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Plate 43: Consultative meeting with PD (Skills) at Plate 44: Consultative meeting with Manager FATA Development Authority. (Skills) and DD FDA at FATA Development Authority.

Plate 45: Location of Vocational Technical Plate 46: A view Vocational Technical Institute Institute (VTI) at Jamrud. (VTI) at Jamrud

Plate 47: Vision Statement of Govt. Technical Plate 48: Consultative meeting with Principal and Institute. other Officials at Vocational Technical Institute (VTI) at Jamrud.

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Plate 49: A view of inside of Vocational Technical Plate 50: Instructor, Teachers and staff of Institute (VTI) at Jamrud. Vocational Technical Institute (VTI) at Jamrud.

Plate 51: Equipment at Vocational Technical Plate 52: Available Equipment at Vocational Institute (VTI). Technical Institute (VTI).

Plate 53: Consultations with local community in Plate 54: Road approaching to Bara Vocational the project area. Technical Institute (VTI).

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Plate 55: Bara Vocational Technical Institute Plate 56: Hostels for students at Bara VTI. (VTI).

Plate 57: Bara Vocational Technical Institute Plate 58: Expansion of Bara Vocational Technical (VTI). Institute (VTI) is in progress.

Plate 59: Expansion of Bara Vocational Technical Plate 60: A view of Textile factory (Power Looms) Institute (VTI) in progress. at Bara Industrial Zone.

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Consultations with local women at village Malakano Kaley and Malakabad in Bara Agency; and Sample Product prepared by local women at Government Women Skill Development Centers

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Annex-1: Physical and Cultural Resource Management Framework and Chance Find Procedures

A. The PCR Management Framework

The PCR Management Plan can constitute a section of the SIA/SMP, if one is required. The Management Plan should clearly:

. Schedule the implementation of the proposed PCR mitigating measures and PCR monitoring, if any, taking into account the weather pattern, and identify roles and responsibilities for such implementation;

. Identify procedures for handling chance finds, including the role and responsibilities of the cultural authorities and the contractor; and

. Identify procedures for addressing PCR impacts which may occur during implementation but were not predicted in the impact assessment. The following are the main considerations guiding the preparation of the PCR Management Plan.

1. Policy, Legal and Regulatory Framework This section should contain reference to the following, including identification of any implications for the PCR component of the SIA/SMP, such as special standards or requirements: . The World Bank‘s EA policy OP/BP 4.01 and the PCR policy OP/BP 4.11; . Sections of national EIA laws, regulations and guidelines relating to PCR; . Sections of the national environmental conservation strategy, if any, relating to PCR; . Legislation and regulations relating to: o Antiquities, including sale and export; o Procedures for addressing chance finds, in terms of ownership and requirements by the contractor and cultural authorities; o Archaeology, including the issue of permits. . Relevant authorities charged with PCR identification, protection and management, their powers, the legal basis for their authority, and their actual capacity; . PCR-related conventions and treaties to which the borrower country is signatory; . Sites in the borrower country currently listed by other international agency in the field of PCR such as the World Monuments Fund, or ICOMOS, as being of national or international importance; . Any national or provincial registers of PCR maintained by accredited authorities in the borrower country.

2. Project Description The project description should detail construction and operation phases, including maps, diagrams and plans of planned activities. The description should take into consideration any potential impacts on PCR of planned activities, construction/rehabilitation processes, transport arrangements, etc.

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3. Analysis of Alternatives In cases where there are major PCR issues, the analysis of alternatives should consider alternative project sites or technologies that could specifically avoid or minimize those impacts on PCR.

4. Baseline Data The baseline data should begin with an investigation and inventory of PCRs likely to be affected by the project. The data should consider all types of PCR that might be impacted, covering: . Living-culture PCR, as well as historical, archaeological and paleontological PCR; . Natural and human-made PCR; . Movable and immovable PCR; . Unknown or invisible PCR. The data collection activity should involve consultations with concerned parties and potentially affected communities. Potential data sources might include cultural authorities, national or provincial PCR registers, universities and colleges, public and private PCR- related institutions, religious bodies and local PCR NGOs. Sources at the community level typically include, for example, community leaders and individuals, schools, religious leaders, scholars, PCR specialists, and local historians. The baseline data section should include maps showing PCR baseline data within the potential impact areas. In addition, data should detail the cultural significance or value attributed by the concerned or affected parties to the PCR identified in the baseline. Consultation is a particularly important means of identifying PCR and documenting their presence and significance. This will normally not be expressed in monetary terms, but rather should explain the nature of the cultural significance, for example whether it is religious, ethnographic, historic, or archaeological. In the case of PCR of archaeological, architectural, paleontological or other scholarly or scientific value, the PCR Management Plan should provide an assessment of the relative importance of the PCR in this regard locally, nationally and/or internationally.

5. Impact Assessment PCR should be included in the impact matrix and PCR impacts for each project stage – construction/rehabilitation, operation, etc. – should be detailed. The PCR Management Plan should specifically describe the nature and extent of the potential impacts and state precisely why they are considered to be significant or insignificant. The impact assessment should also consider the possibility of accidents during construction/rehabilitation and operations which might affect PCR, especially in urban settings, which might call for special precautionary measures.

6. Mitigation Measures It is particularly important that consultations with concerned and affected parties are conducted on the proposed mitigation measures relating to PCR impacts. Agreements must be reached and evidence of such agreements should be included in PCR Management Plan. It should be checked whether the recommended mitigation measures might themselves have environmental impacts (e.g. archaeological excavations). PCR Management Plan should detail the cost of implementing and the timing of the recommended PCR mitigation measures.

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B. Chance Find Procedures

Chance find procedures which will be used during this Project are as follows:

 Stop the construction activities in the area of the chance find;

 Delineate the discovered site or area;

 Secure the site to prevent any damage or loss of removable objects. In cases of removable antiquities or sensitive remains, a night guard shall be present until the responsible local authorities and relevant Department of Archaeology take over;

 Notify the supervisory Engineer who in turn will notify the responsible local authorities and relevant Department of Archaeology immediately (within 24 hours or less);

 Responsible local authorities and relevant Department of Archaeology would be in charge of protecting and preserving the site before deciding on subsequent appropriate procedures. This would require a preliminary evaluation of the findings to be performed by the archeologists (within 72 hours). The significance and importance of the findings should be assessed according to the various criteria relevant to cultural heritage; those include the aesthetic, historic, scientific or research, social and economic values;

 Decisions on how to handle the finding shall be taken by the local authorities and relevant Department of Archaeology. This could include changes in the layout (such as when finding an irremovable remain of cultural or archeological importance) conservation, preservation, restoration and salvage;

 Implementation for the authority decision concerning the management of the finding shall be communicated in writing by the relevant Department of Archaeology; and

 Construction work could resume only after permission is given from the local authorities and relevant Department of Archaeology concerning safeguard of the heritage.

These procedures must be referred to as standard provisions in construction contracts, when applicable. During project supervision, the Site Engineer shall monitor the above regulations relating to the treatment of any chance find encountered are observed.

The contact details of the relevant institutions should be mentioned in the chance find procedures of sub-project instrument.

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Annex-2: Screening Checklist for Social Safeguards

Safeguard Screening Criteria APPLIES, Yes Remarks or No (Tick ) (Safeguard Instrument) Is the sub-project a new site with one or Yes □ No □ If yes, a sub-project-specific more potentially significant social impacts safeguard instruments are social impacts that are sensitive, diverse, required (SIA, RAP). or unprecedented? These impacts may affect an area broader than the sites or facilities subject to physical works. (about 200 or more people may experience major impacts, that is, being physically moved from housing, or losing 10% or more of their productive (income- generating) assets. Is the sub-project a new site with no more Yes □ No □ If yes, a sub-project-specific than moderate or minor potential social safeguard instruments are impacts? Potential adverse social impacts required (ARAP) or minor are less adverse than those of Category A impact may be mitigated projects. These impacts are site- specific; during the construction few if any of them are irreversible; and in activities by developing SMP most cases mitigation measures can be as a part of ESMP. designed more readily than for Category A projects. (less than 200 people will be physically displaced from housing or lose less than 10% of their productive (income- generating) assets) Is this sub-project located in the vicinity of Yes □ No □ If yes, PCPMP will be PCR? Are these any impacts anticipated prepared. on PCR? Any approvals needed from archaeological departments?

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Annex-3: Minimum Accommodation and Living Standards of Labour Camp

As per OSHA standards, the minimum accommodation and livening standards applied to a labour camp are follow:

Title: Temporary labor camps24.

GPO Source: e-CFR

i. Site: All sites used for camps shall be adequately drained. They shall not be subject to periodic flooding, nor located within 200 feet of swamps, pools, sink holes, or other surface collections of water unless such quiescent water surfaces can be subjected to mosquito control measures. The camp shall be located so the drainage from and through the camp will not endanger any domestic or public water supply. All sites shall be graded, ditched, and rendered free from depressions in which water may become a nuisance.

All sites shall be adequate in size to prevent overcrowding of necessary structures. The principal camp area in which food is prepared and served and where sleeping quarters are located shall be at least 500 feet from any area in which livestock is kept. The grounds and open areas surrounding the shelters shall be maintained in a clean and sanitary condition free from rubbish, debris, waste paper, garbage, or other refuse. ii. Shelter: Every shelter in the camp shall be constructed in a manner which will provide protection against the elements. Each room used for sleeping purposes shall contain at least 50 square feet of floor space for each occupant. At least a 7-foot ceiling shall be provided. Beds, cots, or bunks, and suitable storage facilities such as wall lockers for clothing and personal articles shall be provided in every room used for sleeping purposes. Such beds or similar facilities shall be spaced not closer than 36 inches both laterally and end to end, and shall be elevated at least 12 inches from the floor. If double-deck bunks are used, they shall be spaced not less than 48 inches both laterally and end to end. The minimum clear space between the lower and upper bunk shall be not less than 27 inches. Triple-deck bunks are prohibited. The floors of each shelter shall be constructed of wood, asphalt, or concrete. Wooden floors shall be of smooth and tight construction. The floors shall be kept in good repair. All wooden floors shall be elevated not less than 1 foot above the ground level at all points to prevent dampness and to permit free circulation of air beneath. Nothing in this section shall be construed to prohibit "banking" with earth or other suitable material around the outside walls in areas subject to extreme low temperatures.

All living quarters shall be provided with windows the total of which shall be not less than one-tenth of the floor area. At least one-half of each window shall be so constructed that it can be opened for purposes of ventilation. All exterior openings shall be effectively screened with 16-mesh material. All screen doors shall be equipped with self-closing devices.

In a room where workers cook, live, and sleep a minimum of 100 square feet per person shall be provided. Sanitary facilities shall be provided for storing and preparing food. In camps where cooking facilities are used in common, stoves (in ratio of one stove to 10 persons or one stove to two families) shall be provided in an enclosed and screened shelter. Sanitary facilities shall be provided for storing and preparing food. All heating,

24 https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=standards&p_id=9791

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Social Management Framework of KPEC Project (Component II) cooking, and water heating equipment shall be installed in accordance with State and local ordinances, codes, and regulations governing such installations. If a camp is used during cold weather, adequate heating equipment shall be provided. iii. Water supply: An adequate and convenient water supply, approved by the appropriate health authority, shall be provided in each camp for drinking, cooking, bathing, and laundry purposes. A water supply shall be deemed adequate if it is capable of delivering 35 gallons per person per day to the campsite at a peak rate of 2 1/2 times the average hourly demand. The distribution lines shall be capable of supplying water at normal operating pressures to all fixtures for simultaneous operation. Water outlets shall be distributed throughout the camp in such a manner that no shelter is more than 100 feet from a yard hydrant if water is not piped to the shelters.

Where water under pressure is available, one or more drinking fountains shall be provided for each 100 occupants or fraction thereof. Common drinking cups are prohibited. iv. Toilet facilities: Toilet facilities adequate for the capacity of the camp shall be provided. Each toilet room shall be located so as to be accessible without any individual passing through any sleeping room. Toilet rooms shall have a window not less than 6 square feet in area opening directly to the outside area or otherwise be satisfactorily ventilated. All outside openings shall be screened with 16-mesh material. No fixture, water closet, chemical toilet, or urinal shall be located in a room used for other than toilet purposes. A toilet room shall be located within 200 feet of the door of each sleeping room. No privy shall be closer than 100 feet to any sleeping room, dining room, lunch area, or kitchen.

Where the toilet rooms are shared, such as in multifamily shelters and in barracks type facilities, separate toilet rooms shall be provided for each sex. These rooms shall be distinctly marked "for men" and "for women" by signs printed in English and in the native language of the persons occupying the camp, or marked with easily understood pictures or symbols. If the facilities for each sex are in the same building, they shall be separated by solid walls or partitions extending from the floor to the roof or ceiling.

Where toilet facilities are shared, the number of water closets or privy seats provided for each sex shall be based on the maximum number of persons of that sex which the camp is designed to house at any one time, in the ratio of one such unit to each 15 persons, with a minimum of two units for any shared facility. Urinals shall be provided on the basis of one unit or 2 linear feet of urinal trough for each 25 men. The floor from the wall and for a distance not less than 15 inches measured from the outward edge of the urinals shall be constructed of materials impervious to moisture. Where water under pressure is available, urinals shall be provided with adequate water flush. Urinal troughs in privies shall drain freely into the pit or vault and the construction of this drain shall be such as to exclude flies and rodents from the pit. Every water closet installed on or after August 31, 1971, shall be located in a toilet room. Each toilet room shall be lighted naturally or artificially by a safe type of lighting at all hours of the day and night. An adequate supply of toilet paper shall be provided in each privy, water closet, or chemical toilet compartment. Privies and toilet rooms shall be kept in a sanitary condition. They shall be cleaned at least daily. v. Sewage disposal facilities: In camps where public sewers are available, all sewer lines and floor drains from buildings shall be connected thereto. vi. Laundry, hand washing, and bathing facilities: Laundry, hand washing, and bathing facilities shall be provided in the following ratio: Hand wash basin per family shelter or per six persons in shared facilities.

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Shower head for every 10 persons. Laundry tray or tub for every 30 persons. Slop sink in each building used for laundry, hand washing, and bathing. Floors shall be of smooth finish but not slippery materials; they shall be impervious to moisture. Floor drains shall be provided in all shower baths, shower rooms, or laundry rooms to remove waste water and facilitate cleaning.

All junctions of the curbing and the floor shall be coved. The walls and partitions of shower rooms shall be smooth and impervious to the height of splash. An adequate supply of hot and cold running water shall be provided for bathing and laundry purposes. Facilities for heating water shall be provided. Every service building shall be provided with equipment capable of maintaining a temperature of at least 70 deg. F. during cold weather. Facilities for drying clothes shall be provided. All service buildings shall be kept clean. vii. Lighting: Where electric service is available, each habitable room in a camp shall be provided with at least one ceiling-type light fixture and at least one separate floor- or wall- type convenience outlet. Laundry and toilet rooms and rooms where people congregate shall contain at least one ceiling- or wall-type fixture. Light levels in toilet and storage rooms shall be at least 20 foot-candles 30 inches from the floor. Other rooms, including kitchens and living quarters, shall be at least 30 foot-candles 30 inches from the floor. viii. Refuse disposal: Fly-tight, rodent-tight, impervious, cleanable or single service containers, approved by the appropriate health authority shall be provided for the storage of garbage. At least one such container shall be provided for each family shelter and shall be located within 100 feet of each shelter on a wooden, metal, or concrete stand. Garbage containers shall be kept clean. Garbage containers shall be emptied when full, but not less than twice a week. xiv. Construction and operation of kitchens, dining hall, and feeding facilities: In all camps where central dining or multiple family feeding operations are permitted or provided. x. Food Service Sanitation Manual: A properly constructed kitchen and dining hall adequate in size, separate from the sleeping quarters of any of the workers or their families, shall be provided in connection with all food handling facilities. There shall be no direct opening from living or sleeping quarters into a kitchen or dining hall. No person with any communicable disease shall be employed or permitted to work in the preparation, cooking, serving, or other handling of food, foodstuffs, or materials used therein, in any kitchen or dining room operated in connection with a camp or regularly used by persons living in a camp. xi. Insect and rodent control: Effective measures shall be taken to prevent infestation by and harborage of animal or insect vectors or pests. xii. First aid: Adequate first aid facilities approved by a health authority shall be maintained and made available in every labor camp for the emergency treatment of injured persons.

Such facilities shall be in charge of a person trained to administer first aid and shall be readily accessible for use at all times. xiii. Reporting communicable disease: It shall be the duty of the camp superintendent to report immediately to the local health officer the name and address of any individual in the camp known to have or suspected of having a communicable disease. Whenever there shall occur in any camp a case of suspected food poisoning or an unusual prevalence of

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Social Management Framework of KPEC Project (Component II) any illness in which fever, diarrhea, sore throat, vomiting, or jaundice is a prominent symptom, it shall be the duty of the camp superintendent to report immediately the existence of the outbreak to the health authority by telegram, telephone, electronic mail or any method that is equally fast.

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Annex-4: Details of Consultations

Public Concerns/ Feedback Location/ Category of consultat Date Name of Participants Venue participants ion No. 1 03-08- FATA Officials - Mr. Vincent Palmade, Lead - Four industrial zones are under consideration so far, named as Bara, 2017 Secretariat, Economist, World Bank Jamrud, Mulagori and Mohmand marble city. However, one zone will be Peshawar - Mr. Andrew Beath, Senior focused for upgradation. Economist, World Bank - Priority of Component II is to connect the local community with the - Mr. Shahab Ali Shah, Chief Component I. Engineer, C&WD - Tentative alignment needs to be shared with NHA. - Mr. Muhammad Wasif Saeed, - For skills development, TEVTA is working in KP while FDA is on skills Chief Economist, P&DD development in case of FATA. - Mr. M. Imran Khan, Project - There will re-opening/ revival of closed industrial units. Director (ERKF) - Technical education and skill development for industrial zone will be - Mr. Abdul Rashid, Consultant done. (Associate & Development) - Strategic technical assistance especially farmers’ extension services, stop shop provision, mobile banks. - Prepare master plan for FATA and KP. - Detailed development plan for infrastructure of FATA and KP will be shared by Associate & Development consultants. - Additional land may be acquired for new secondary roads/ infrastructure, new water supply schemes, power, sewerage system 2 04-08- FATA Officials - Mr. Vincent Palmade, Lead - Skill development’s primary goal is to learn and train along corridor and 2017 Development Economist, World Bank its alternate goal is employment. Authority - Mr. Andrew Beath, Senior - There is need of e-learning centers especially for females. Economist, World Bank - Female trainees are being trained in the field of dress making, hand - Ms. Quanita Khan, Economist, embroidery, fashion designing, marble mosaic, cooking, computer World Bank course and carpet weaving. - Ms. Uzma, GS, World Bank - Mr. Anwar Maqsood, GM The discussions covered the following aspects: Technical, FDA - Data of female trainees may be compiled who are being trained/have - Mr. Arshad Farooq, Manager been trained. Skills, FDA - As per quota, students must work for five years in FATA as there are - Mr. Mughal Baaz, Director several incentives like there is no GST, no Income Tax and rates are Planning subsidized. - Mr. Muhammad Humayun, - For the first session of nursing and mid-wife, FATA students are sent to Manager, Industries & Peshawar for the two years training Diploma. Minerals.

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Public Concerns/ Feedback Location/ Category of consultat Date Name of Participants Venue participants ion No. - There is no accurate data that how much women are earning but 40% passed outs are working as per monitoring report. - Male students are being trained in the field of alloy (Ferro chrome), agribusiness, auto mechanics, chemical handling, marble related training, building electrician, industrial electrician, IT, mining and petroleum in SDCs. - For female students, dress making, hand embroidery, fashion designing and marble mosaic is carried out in SDCs. - One college for women is in Bajour and other is in Miran Shah. 3 15-09- Office of the Official - Mr. Salman Rafi, - Shared the upto date progress and plan for sites visits 2017 ERKF SME/Procurement Specialist - Coordinated for meeting with Chief Economist (P&DD), Chief Engineer (C&WD) and FDA officials. 4 15-09- FATA Official - Mr. Muhammad Wasif Saeed, - Shared the upto date progress and plan for site visit and Chief 2017 Secretariat Chief Economist, P&DD Economist also updated the to date status of project activities and referred to have meeting with Chief Engineer (C&WD) for getting information regarding secondary transport infrastructure. 5 15-09- FATA Official - Mr. Anwar Maqsood, GM - Organized sites visits of Industrial zones and vocational technical 2017 Development Technical, FDA institute at Jamrud and Bara Authority - Emphasized to focus on up-gradation of MMC Industrial zone especially on the establishment of Common Facility Training Center (already designed under the layout plan of MMC). 6 16-09- Industries at Locals/ - Mr. Muhammad Arshad Concerns/ constraints highlighted are: 2017 Jamrud road owners of - Mr. Noman Wazir - Lack of first aid facility for workers (Marble city & industries - Mr. Muhammad Wasi Ullah - Lack of dispensary/health facility FFL) - Shortage of electricity – needs extension/upgradation of grid station (add one more feeder) - Lack of bank facility - Poor sewage/drainage system - Needs more linkage with Trade Development Authority - Enhance facilities to get loans for manufacturers - Urgently need rescue facility (1122) including fire brigade system - In FATA, there is no GST, no sales tax, no FBR - Needs rules of business/SOPs in case of Industries located in FATA 7 16-09- Haji Khan Locals - Mr. Sohail Ahmad Concerns/ constraints pointed out by the manufacture of Marble city: 2017 Industries owner and - Mr. Wahab Khan - Updated Lack of first aid facility for workers local - Mr. Tahir Khan - Lack of dispensary/health facility - Mr. Shahab Khan

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Public Concerns/ Feedback Location/ Category of consultat Date Name of Participants Venue participants ion No. community - Heavy shortfall of electricity (add one more GS/or feeder in the existing members GS). - Need wastewater treatment plant in the industrial area - Need labour colony for workers - Maintenance of machines is required - Ambulance service is required - Addition of new model machinery is needed - Needs more liaison with Pakistan Stone Development (PSD), Islamabad - Updated machinery is required for cutting of square block of marble - Help in getting loan at nominal rate of mark-up - Bank needs to be available in the industrial zone - Mullagori industrial zone has not good machinery. 8 17-09- Mullagory Workers/ - Haji Abdul Wadood The manufacturers at Mullagori Industrial zone pointed out the following 2017 Industrial zone owners/ - Mr. Abdul Majeed concerns: manufacture - Mr. Muhammad Noshad - There are 220 factories (marble) and employing more than 5000 workers rs - Water channel is available from Warsak dam - Severe shortfall of electricity, i.e. for 2-3 months, it is available and for next 3 months, it is not available. - PA/APA need to help to improve the electricity issues (install 1 more GS or add 1 feeder in the existing GS). - PA/APA may help us to fix our electricity bills based on the regular monthly bills of electricity, but here sometimes they fix the bills irrespective to the use. - Poor and outdated condition of machinery. - Poor drainage/road condition. - No first aid health facility available in the industrial estate. - The conditions of factory buildings are very bad and risky. - Need gas facility as workers residences are also in the Mulagori Industrial zone 9 18-09- C&W Official - Mr. Shahab Ahmad, Chief Under the activity of secondary transport infrastructure, the following four link 2017 Department, Engineer roads are identified25 as below: Peshawar i) Jamrud - Mohmand Marble City (17 km) ii) Construction of a bridge at Kabul river adjacent to the MMC. iii) MMC - Ekka Ghund road of 7 km located in Mohmand agency.

25 This is as per Chief Engineer, C&W Department, Government of Peshawar, KP.

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Public Concerns/ Feedback Location/ Category of consultat Date Name of Participants Venue participants ion No. iv) Khar - Munda road (an existing road of 28.0 km located in the jurisdiction of Bajaur agency). v) Matani – Bara – Surkamar (a new road of 27 km). vi) Trucking and market infrastructure (construction of rest areas, parking, hotels)- locations are to be identified later. 10 19-09- FATA Officials - Mr. Maqsood Ahmad, GM Collected layout map/plan for MMC and discussed possible activities required 2017 Development Technical for upgradation of Industrial zone including WB support for the construction of Authority - Mr. Muhammad Humayun, Common Facility Training Centre and construction of bridge at Kabul river Manager Industries/ Mines near MMC. - Mr. Tofail Ahmad, PD (Skills) 11 19-09- FATA Officials - Mr. Muhammad Humayun, - Sites of MMC and Mullagori industrial zone visited 2017 Development Manager Industries/ Mines - Also visited the proposed site for the construction of Bridge near MMC. Authority - Mr. Noor Muhammad, AD - Held meeting/consultative discussion with Political Tehsil Dar of (Industries) Mohmand agency – Political representative ensured to facilitate in all - Mr. Amir Nawaz, Political context for the development of MMC Industrial zone as a Model. Tehsildar 12 19-09- Mohmad Local - Mr. M. Nowshad - About half of the plots in the MMC have been allotted/ leased out to the 2017 Marbal City community - Mr. Laiq Sher manufacturers - Mr. Nizam Ahmad - On some of the plot, the construction work has been started - Mr. Mr. Amir Zada - Local people/ manufactures are very pleased on the development work - Mr. Muhammad Jaiz initiated on MM City - Mr. Dilawaiz - Local community/ manufacturers are ready to provide all types of - Mr. Mohib Khan cooperation to the FDA officials - Nearby MM City villagers requested to provide some Water supply schemes to help the local community as well as to provide some social amenities/ services - Local community also agreed to do appropriate jobs in the MM City. - Local people were of the view that land and structure compensation is less than that of its replacement cost to restore all again. 13 20-09- FATA Officials - Mr. Tofail Khan Saleem, PD - Official meetings held at FDA and sites of two Vocational Technical 2017 Development (Skills) Institutes were visited. Authority - M. M. Imran, Training - Detailed discussions regarding skills were carried out and site visits of (FDA) Coordinator (Skills) technical institutes were planned and accordingly completed. - Mr. Mohib Khan - Mr. M. Arshad Farooq, Manager (Skills)

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Public Concerns/ Feedback Location/ Category of consultat Date Name of Participants Venue participants ion No. - Mr. Zarghum Shah, Deputy Director (Skills) 14 20-09- Jamrud & Officials/ - Mr. Kiramat Ahmad Mian, Principal and associated staff (Teachers/Instructors, Section Head) of the 2017 Bara locals Principal Vocation Technical Institute highlighted the following points/plan regarding (Vocational - Mr. Fahad Amin, Head upgradation activity of skills as well as addition of new diplomas: Training (Electrical) - FDA is of the view that all male students will be shifted in Vocational Institute) - Mr. Shafiqullah, Institute at BARA, Superintendent (Technical - The Vocational Institute at Jamrud may be allocated for females as there Education) are settlements/towns in the vicinity of the Institute. - Mr. Shah Waqar, Instructor - All necessary upgradation of this Vocational Institute including latest (Electrical) equipment/machines, toolkits and rehabilitation of building as well as - Mr. M. Siddique, Instructor installation of security system will be required. (Auto-Mechanical) - It was further pointed out that there is 3 years diploma only in one - Mr. M. Danish, Instructor category, i.e. Diploma in Electrical; while this needs to be further (Auto) upgraded by adding two more categories, i.e. Diploma in ‘Civil’ and - Mr. Nazir Iqbal, Lecturer Diploma in ‘Mechanical’. Accordingly the requisite equipment/machines (Math) and toolkits are also required - Mr. Zahid Shah, Shop - Assistant - Mr. Siraz-ud-Din, Shop Assistant - Mr. Jamshaid Khan, Instructor (Mechanical) - Mr. Daud Khan, Lecturer (Computer Engg.) - Mr. Jamshaid Banuori, Instructor (Welding & Plumbering) 15 07-11- Malakano Local - Ms. Nazma, Teacher During consultation with local women including female teachers and 2017 Kaley, (Tribe women/ - Ms. Haseena, Teacher trainees, the major points highlighted are as below: Koki Khel) trainees - Ms. Nida, Teacher - This woman vocational training centre was established in year - Ms. Shahida 2013 in a rented house/compound (‘Hujjra’) in Tehsil Jamrud, - Ms. Mujahida Khyber Agency, FATA (Rent is Rs. 60,000 for 6 months). - Ms. Shaheen - The Centre is located at easily accessible location including all - Ms. Gulabzari basic facilities, i.e. access road, space (2 rooms), adequate open - Ms. Maryam space, electricity, kitchen, washroom etc. The FDA provided all

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Public Concerns/ Feedback Location/ Category of consultat Date Name of Participants Venue participants ion No. - Ms. Shireena requisite equipment/requirements in the Centre including 7 sewing - Ms. Maryam machines, pedestal machine and knitting, furniture & fixture, - Ms. Safia cabinets/almirahs/racks and training material (44 items including - Ms. Salma clothes, thread and others). There are 3 head teachers and 20 - Ms. Lubna trainees including girls. - Ms. Basida - Some additional equipment/accessories (stitching machines & - Ms. Aqalmina other related items) may be provided to strengthen this center. - Ms. Halima - This training will help women to learn and practice stitching/sewing - Ms. Noor and embroidery work for their families, due to which they can earn - Ms. Sania more and do some savings. - Ms. Ulfat - Local female has confidence to start their small enterprise in their - Ms. Safa village and they could be able to supplement their household - Ms. Marwa income and ultimately improve their livelihood. - Ms. Bilqees - Additional trainings/training courses may be added keeping in view the industries located in the nearby Industrial zones, so that some job opportunities could be available to the local women. - Training Centre needs to be upgraded by adding additional training/diversify the training activity keeping in view the requirements of industrial zones. 16 07-11- Malak Abad, Local - Ms. Waheeda, Teacher Feedback and concerns of local women (female teachers and 2017 Tribe Koki women/ - Ms. Sabeen, Teacher trainees) included the following: Khel trainees - Ms. Raheela, Teacher - Training center established in 2004 having two joint Centers. (Women skill - Ms. Amna - The local women and girls were pleased to get training/skill development - Ms. Jarneela development in (i) Tailoring and dress making (ii) Hand and center) - Ms. Sabar Mina machine knitting and (c) Hand and machine embroidery. These - Ms. Zaiba skills will enable them to work individually or jointly as a women - Ms. Farshada group to start such works for income generation in their villages. - Ms. Swata - These skills will help them to reduce their household expenditure - Ms. Fozia by doing stitching/sewing by themselves. - Ms. Sumayya - Since local women started skill development training, their - Ms. Sadia confidence and trust in the family as well in the village has increased. - Ms. Tajmina - Ms. Afsha

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Public Concerns/ Feedback Location/ Category of consultat Date Name of Participants Venue participants ion No. - Ms. Shakeela - There should be employment provided to the local women and girls - Ms. Bibi Gul who have completed their trainings. In this way, their household’s - Ms. Shama well-being will be improved. - Ms. Maryam - On the whole, local women and female trainees encouraged to - Ms. Fatima upgrade existing women training centers by adding more sewing - Ms. Shifa machines and other equipment/accessories and additional - Ms. Noreen courses; and starting more skill development centers for women - Ms. Rukhsaar and girls in their areas. - Ms. Basreema

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