Social Monitoring Report BAN: South Asia Subregional Economic Cooperation Chittagong-Cox's Bazar Railway Project, Phase 1

Social Monitoring Report

Semiannual Report (July–December 2019) January 2020

BAN: South Asia Subregional Economic Cooperation Chittagong-Cox's Bazar Railway Project, Phase 1 - Tranche 1 Construction of Single Line Dual Gauge Railway Track from Dohazari to Cox’s Bazar via Ramu and Ramu to Gundum Near Myanmar

Prepared by Bangladesh Railway, for the Government of the People’s Republic of Bangladesh and the Asian Development Bank.

This social monitoring report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature.

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

GOVERNMENT OF THE PEOPLE’S REPUBLIC OF BANGLADESH

MINISTRY OF RAILWAYS

BANGLADESH RAILWAY

SASEC: Chittagong - Cox’s Bazar Railway Project, Phase-1

Construction of Single Line Dual Gauge Railway Track from Dohazari to Cox’s Bazar via Ramu and Ramu to Gundum Near Myanmar

Social Monitoring Report (SMR)

(July 2019 to December 2019)

January 2020

SASEC: Chittagong – Co’s Bazar Railwa Project, Phase-1

Abbreviation

ADB : Asian Development Bank AH : Affected Household AP : Affected Person APD : Additional Project Director BR : Bangladesh Railway COI : Corridor of Impact CPR : Common Property Resources CCL : Cash Compensation under Law CSC : Construction Supervision Consultant DC : Deputy Commissioner DD : Deputy Director DLAC : District Land Allocation Committee DPP : Development Project Proposal EA : Executing Agency EC : Entitlement Card EP : Entitled Person FGD : Focus Group Discussion GOB : Government of Bangladesh GM : General Manager GRC : Grievance Redress Committee GRM : Grievance Redress Mechanism ILRP : Income and Livelihood Restoration Program INGO : Implementing Non-Government Organization IOL : Inventory of Losses JVC : Joint Verification Committee LA : Land Acquisition LAP : Land Acquisition Plan/Proposal NTH : Non-Titled Holder MFF : Multi-trench Financial Facility PAPs : Project Affected Persons PD : Project Director PVAC : Property Valuation Advisory Committee RB : Resettlement Benefit RP : Resettlement Plan ROW : Right of Way SASEC : South Asian Sub-Regional Economic Cooperation TH : Titled Holder U/S : Under Section

SASEC: Chittagong – Co’s Bazar Railwa Project, Phase-1

Contents

EXECUTIVE SUMMARY 5 I. INTRODUCTION, PROJECT DESCRIPTION AND OBJECTIVES 7 A. Introduction 7 B. Project Description 7 C. Project Objectives 7 D. Project Scope 7 E. Project Location Map 9 II. METHODOLOGY FOR PREPARING THE SOCIAL MONITORING REPORT (SMR) 10 A. Documents Reviewed 10 B. Field Visits 10 III. RESETTLEMENT PLAN AND IMPLEMENTATION 11 A. Resettlement Plan Preparation and Objectives 11 B. The Elements of the RP 11 C. Objectives of Resettlement Plan( RP) 12 D. Shift in Alignment and Its Impact on Land Acquisition 13 E. Resettlement Plan Implementation Arrangements 13 E.1 Bangladesh Railway (BR) & Project Implementation Unit-PIU 13 E.2 Resettlement Plan Implementing Non-Government Organization (INGO) 13 E.3 Establishment of Resettlement Unit in Construction Supervision 14 Consultancy (CSC) E 3.1 Establishment of Resettlement Unit in Project Management Consultant 14 (PMC) E.4 Asian Development Bank (ADB) 14 E.5 Formation of Committees (JVC, PVAC and GRC) 15 E.5.1 Composition of the Joint Committee 15 E.5.1.1 The ToR of the JVC Committee 15 E.5.2 Composition of the Property Valuation Advisory Committee (PVAC) 16 E.5.2.1 The ToR of the Committee 16 E.5.3 Composition of Local and Project Level GRC 16 E.5.3.1 The ToR of the GRC 16 E.6 INGO‟s Assistance for JVC,PVAC and GRC 16 E.7 LA Process in Bangladesh & Role of DC 16 F. Land Acquisition 19 G. Land Handover and CCL Payments up to June 2019 20 H.1 Payments of Resettlement Benefit (RB) to TH affected persons 21 H.2 Payments of Resettlement Benefit (RB) to NTH affected persons 21 I. Identification and Assistance of Vulnerable Households 25 J. Common Property Resources 25 K. Income and Livelihood Restoration and Livelihood Improvement Program 25 L. Consultation, Information Campaign and Participatory Process 26 M. Grievance Redress Mechanism(GRM) 27 IV. SUCCESS STORIES 28 V. COMPARISON OF PREVIOUS AND PRESENT STRUCTURES 30 VI. CONCLUSION 37

SASEC: Chittagong – Co’s Bazar Railwa Project, Phase-1

LIST OF TABLES:

Page Table 1 : District, Upazila & Mouza of the Project 8 Table 2 : Summary of Project Impacts 11 Table 3 : Composition of Resettlement Team of BR 13 Table 4 : Composition of INGO Key Staff 13 Table 5 A : Composition of CSC Resettlement Team 14 Table 5 B : Composition of PMC Resettlement Team 14 Table 6 : Institutional Arrangements/Functions 14 Table 7.1 : LA Process in Bangladesh (as per Ordinance II 0f 1982) 17 Table 7.2 : LA Process in Bangladesh (as per ARIPA [September 21, 2017]) 18 Table 8.1 : Status of Service of Notices under Sections 3; 6 & 7 of Chittagong and Cox‟s 19 Bazar District up to June, 2019 Table 8.2 : Submission of LAP following ARIPA 2017 under Chattogram District 20 Table 9 : Land handover to BR, estimated cost for acquisition and compensation payment 22 up to June 2019 Table 10 : Payment status of the Resettlement Benefits and ID Card Distribution for Title 23 Holders (TH) up to June 2019 Table 11 : Status of Resettlement Benefits (RB) Payments to NTH affected persons and ID 24 Card Distribution among NTH affected persons Table 12 : Category Wise Payments of Resettlement Benefits to Vulnerable Households 25 up to December 2019 Table 13 : Status of Information Campaign 26 Table 13.1 : Subject matters of FGDs 26 Table 14 : GRCs formation (at union level) and grievances received & redressed 27

SASEC: Chittagong – Co’s Bazar Railwa Project, Phase-1

EXECUTIVE SUMMARY

This Social Monitoring Report- SMR (July 2019 - December 2019) has been prepared to present (i) Status of land acquisition (ii) land handover to Bangladesh Railway (BR) from Deputy Commissioner (DC) Offices, Chattogram and Cox‟s Bazar and (iii) Status of implementation of Resettlement Plan (RP) of SASEC: Chittagong - Cox‟s Bazar Railway Project, Phase 1. The Project is situated in Chattogram and Cox‟s Bazar Districts under Chattogram Division of Bangladesh. Target of this Project is to construct 103.477Km of new Single Line Dual Gauge Railway Track from Dohazari to Cox‟s Bazar via Ramu. As expected that this new Greenfield alignment would connect Cox‟s Bazar, a tourist region with developing industries, with the capital Dhaka as well as other important cities including Chattogram. Besides, it will establish connectivity to the proposed expected Trans - Asian Railway Corridor. The Government of the People‟s Republic of Bangladesh with the financial assistance from the Asian Development Bank (ADB) has launched SASEC: Chittagong - Cox‟s Bazar Railway Project, Phase-1.

It was estimated at initial stage that a total of 562.83 hectors (1,390.19 acres) of lands would be required for implementation of the Project. A total of 1,367.3664 acres of lands had been acquired under the 10 (ten) land acquisition (LA) cases following the Acquisition and Requisition of Immovable Property Ordinance (ARIPO) (Ordinance II of 1982) and its subsequent amendments in 1993 and 1994. One new land acquisition proposal (LAP) for acquisition of 0.6250 acre of land following the Acquisition and Requisition of Immovable Property Act 2017 (September 21, 2017) was submitted to DC Office, Chattogram on 7th March 2019. The Project Authority noticed that there was a requirement for acquisition of some additional land (2.0544 acres) under Satkania Upazila of Chattogram District. As a result, another LAP was submitted to DC Office, Chattogram on 4th December 2019 for acquisition of 2.0544 acres of additional land.

The above-mentioned land acquisition has caused resettlement impacts, which include (a) permanent loss of residential, social and commercial structures, (b) loss of income and livelihoods, (c) displacement of people and (d) loss of lands and other properties. All these identified impacts entailed appropriate mitigation measures to resettle and rehabilitate the affected persons. In this connection a Resettlement Plan (RP) was prepared in accordance with ADB‟s Safeguard Policy Statement (2009) and the Acquisition and Requisition of Immovable Property Ordinance – ARIPO, 1982 (Ordinance II of 1982) and its subsequent amendments in 1993 and 1994 of the Government of Bangladesh (GOB), detailed engineering design, census survey and inventory of losses (IOL) and assets. The original RP was approved by the Ministry of Railways on 17th August 2016 as per concurrence of ADB. In accordance with ADB Safeguard requirements, the GOB agreed to implement the RP of the Project ensuring the followings:

1. Avoiding involuntary resettlement wherever possible; 2. Minimizing involuntary resettlement by exploring project and design alternatives; 3. To enhance or at least restore the livelihoods of displaced persons in real term compared to pre-project/pre-displacement levels; and 4. Improving the standards of living of the vulnerable and severely affected groups.

Bangladesh Railway (BR) engaged NGOs (DORP – PATHMARK Joint Venture) as Implementing NGO (INGO) for assisting BR to implement the RP under the Project. The scope of INGO‟s work is presented in detailed under subsection E.2. This Social Monitoring Report (SMR) covers progress of land acquisition and implementation of the RP as of December 2019 with more focus on progress of the same achieved between July 2019 and December 2019. CSC, PMC and INGO have been working as per ToR to address any problems and issues of the Affected Persons (APs) related to land acquisition and resettlement.

A total of 16,271 leaflets and 8,184 resettlement information booklets (Punorbason Pustika) on land acquisition and resettlement matters were distributed to the affected people in the Project area up to December 2019. Public announcement with mike (loud speaker) had been made for 433 hours in the Project area up to December 2019 to campaign necessary information related to land acquisition and involuntary resettlement. Until now a total of 199 focus group discussions (FGDs) with the affected people were conducted and the 38 consultation meetings with the

SASEC: Chittagong – Co’s Bazar Railwa Project, Phase-1 affected people and other relevant stakeholders were also held to inform them about the Project and provision of compensation against affected land, structures, tress, etc.

Acquired lands under the 10 (ten) LA cases had been officially handed over to the BR by DC Offices (Chattogram and Cox‟s Bazar) between 19th December 2017 and 22nd December 2018. DC Offices, Chattogram and Cox‟s Bazar had determined the 3,752 and 6,366 awards respectively. DC Offices have been disbursing Cash Compensation under Law (CCL) since December 2017. Number of CCL cheques (payments) is 6,689, which had been paid by DC Offices, Chattogram (2,146 CCL cheques/payments) and Cox‟s Bazar (4,543 CCL cheques/payments) as of December, 2019. DC Offices, Chattogram and Cox‟s Bazar had paid CCL BDT 5,479.38 million (79.80%) and BDT 9,071.70 million (59.93%) respectively as of December, 2019.

EP ID cards were issued and distributed to a total of 1,339 TH affected persons as of December 2019. EP ID cards were issued and distributed to a total of 883 TH affected persons between July 2019 and December 2019. A total of 998 non-title holder (NTH) affected persons had been identified as of December 2019. EP ID cards had been issued for and distributed to the 875 NTH affected persons (88%) as of December 2019. A total of 815 NTH affected persons (93%) had received compensation as of December 2019.

SASEC: Chittagong – Co’s Bazar Railwa Project, Phase-1

I. INTRODUCTION, PROJECT DESCRIPTION AND OBJECTIVES:

A. Introduction:

This Social Monitoring Report (SMR) (July 2019 – December 2019) presents the status of land acquisition and implementation of the Resettlement Plan (RP) of SASEC: Chittagong – Cox‟s Bazar Railway Project, Phase-1 in Chattogram and Cox‟s Bazar Districts under Chattogram Division of Bangladesh. The Government of the People‟s Republic of Bangladesh has been represented by the Ministry of Railways for undertaking and implementing the Project. The Ministry of Railways is the Project Sponsoring Agency while Bangladesh Railway (BR) is the Project Implementing Agency. The Asian Development Bank (ADB) is the Development Partner for the Project. For this project loan agreements have been signed between Asian Development Bank (ADB) and the Government of Bangladesh (GOB) for Tranche-1 on June 21, 2017 and Tranche-2 on May 23, 2019.

The scope of the report is to provide a progress status of the land acquisition and resettlement activities and to assess their compliance with ADB Safeguard Policy Statement 2009 (SPS 2009), and to account for implementation of resettlement activities at field level. A total of 5 SMRs have been submitted. These SMRs were disclosed on ADB website. Now, the 6th social monitoring report (SMR) covers the period of time from July 2019 to December 2019. This SMR presents progress of land acquisition and resettlement implementation achieved during this reporting period.

B. Project description:

SASEC: Chittagong – Cox‟s Bazar Railway Project, Phase 1, involves new construction of 103.477 km Single Line Dual Gauge Railway Track from Dohazari to Cox‟s Bazar. The Project components include the followings: a) New Construction of 103.477 km Single Line Dual Gauge Railway Track (Dohazari to Cox‟s Bazar); b) Construction of 9 (nine) railway stations, namely Dohazari, Satkania, Lohagara, Harbang, Chakaria, Dulahazra, Islamabad, Ramu and Cox‟s Bazar c) Construction of 4 large bridges (over 100 m), 35 major bridges (15 m to 100 m) and 145 culverts; d) Construction of Elephant Crossings (underpass and overpass). e) Construction of Modern Computer Based Inter Locking (CBI) signaling system in 9 stations.; f) Construction of an ICONIC station building at Cox‟s Bazar.

C. Project Objectives:

The objectives of the Project are to promote the economic development and conversely reduce poverty through a new connectivity of railway in the southeastern part of Bangladesh, specifically Cox‟s Bazar where the largest natural sea beach is situated. This Project will link the Capital City (Dhaka) and other integrated railway networks of Bangladesh. The Project will directly contribute to earning foreign exchange through the development of the tourism industry and the export of garments and agro based products, including an internal carriage of imported and local goods.

D. Project Scope:

The name of the Project is “Construction of Single Line Dual Gauge Railway Track from Dohazari to Cox‟s Bazar via Ramu and Ramu to Gundum near Myanmar” under Chattogram Division of Bangladesh. The Project area is shown in Table 1 below:

SASEC: Chittagong – Co’s Bazar Railwa Project, Phase-1

Table 1: The District, Upazila & Mouza of the Project

District Upazila Mouza 1 2 3 Chandanaish Zamirjuri & Dohazari Kathgar, Kaliaish, Temohoni, Janarkewchia, Uttar Dhemsa, Satkania Dakkhin Dhemsa, Paschim Dhemsa, Rupkania, Bardona Chattogram Amirabad, Lohagara, Adunagar, Amtali, Chunoti and Jungle Lohagara Chunoti.

Harbang, Reserve Harbang, Paharchanda, Veola Manikchar, Bethua, Purba Baro Veola, Kahariaghona, Chakaria Rampur, Koraiyaghona, PalaKata, Ringvong, Dulahazra, Medhakacchapia, Khutakhali,Phulchari.

Dhalirchara, Nandakhali, Joarianala, Nonachari, Uttar

Cox‟s Bazar Mithachari, Meronglowa, Fatehkharkul, Razarkul, Umkhali, Ramu Dakkhin Mitachari, Chainda, and Varuakhali.

Zilongja, Chowfaldandi, Machuakhali, Napitkhali, Bowalkhali Cox‟s Bazar and Eidgong

SASEC: Chittagong – Co’s Bazar Railwa Project, Phase-1

E. PROJECT LOCATION MAP:

SASEC: Chittagong – Co’s Bazar Railwa Project, Phase-1

II. METHODOLOGY FOR PREPARING THE SOCIAL MONITORING REPORT (SMR): Field survey, 14 (fourteen) consultation meetings and 31 (thirty-one) focus group discussions (FGDs) had been conducted from July 2019 to December 2019 for preparing this SMR (July 2019 – December 2019). All the relevant necessary documents on land acquisition and resettlement under the Project area were reviewed for preparing this SMR.

Relevant information and data on land acquisition and resettlement activities were collected from the respective fields under the Project for preparing this SMR. Baseline information on land acquisition, and resettlement impacts and risks were also consulted as and when required for preparing this SMR. More specifically, information and data on resettlement activities done during July 2019 through December 2019 had been collected by the INGO through need based monitoring surveys and consultation with the affected persons (PAPs). The Project Office (Project Implementation Unit - PIU) frequently coordinates the entire resettlement work and also processes the data on land acquisition and resettlement activities for facilitating the smooth implementation of the RP.

A. Documents Reviewed:

In preparing this Social Monitoring Report (SMR), the following documents have been consulted and reviewed:

1) The previous SMRs;

2) The Acquisition and Requisition of Immovable Property Ordinance-ARIPO 1982 (Ordinance II of 1982) and its subsequent amendments up to 1994; and the Acquisition and Requisition of Immovable Property Act, 2017 (September 21, of 2017);

3) ADB‟s Safeguard Policy Statement 2009 (SPS 2009);

4) Involuntary Resettlement Safeguards: A Planning and Implementation Good Practice Sourcebook-Draft Working Document (November 2012)

5) ADB‟s Residence Mission Aide Memoire;

6) Resettlement Plan

7) Contract Agreement for Implementation of RP between BR and Implementing NGO (DORP - PATHMARK);

8) Allied documents related to the Land Acquisition Plan & Proposal (LAP);

9) Six (6) monthly progress reports (from July 2019 through December 2019) submitted to BR by INGO;

10) EP files of title holders and non-title holders;

11) Activities of various committees [Joint Verification Committee (JVC), Grievance Redress Committee (GRC) & Property Valuation Advisory Committee (PVAC)];

12) Documents prepared based on focus group discussions (FGDs); and

13) Documents prepared on consultation meetings with the project affected persons and different Stakeholders.

B. Field Visits:

The project site is being regularly visited by Project Director, Additional Project Director, DD/Resettlement/BR, PMC, CSC and INGO resettlement teams. The ADB Mission visited field on August 26, 2019 which was coordinated by BR. The ADB Mission talked to the affected people and their communities during their field visits to the project sites. The ADB Mission was informed by the affected people that they had been getting compensation from the DC Offices as well as Bangladesh Railway. The affected people had expressed their satisfaction on their received compensation from DC Offices and Bangladesh Railway.

SASEC: Chittagong – Co’s Bazar Railwa Project, Phase-1

III. RESETTLEMENT PLAN IMPLEMENTATION:

A. Resettlement Plan Preparation and Objectives:

A detailed Resettlement Plan (RP) [May 2016] for SASEC: Chittagong – Cox‟s Bazar Railway Project, Phase 1 was prepared by the Design Consultant in accordance with the ADB‟s Involuntary Resettlement Guidelines. The RP contains the development strategy and package, which aims at improving or at least restoring the economic bases of the project affected persons. The Resettlement Plan (RP) was approved by the Ministry of Railways vide memo No. 54.00.0000.006.014.2016-86 dated 17 August 2016. The approved RP was disclosed on ADB‟s website‟s link (https://www.adb.org/sites/default/files/project-document/184412/46452-002-rp- 01.pdf) and Bangladesh Railway‟s website (www.railway.portal.gov.bd/RP). The RP will be updated as and when it will be required based on any changes in alignment and/or identification of genuine additional number of affected persons who might be missed earlier census and inventory of losses & assets.

B. The Elements of the RP:  Legal Framework. The RP of the Project was prepared based on two legal frameworks, such as, (i) ARIPO 1982 & ARIPA 2017 and (ii) ADB‟s SPS 2009. The RP contains the principles and guidelines which will be used to acquire lands and other assets from private ownership, as well as to take over public lands from authorized and/or unauthorized private uses.

 Entitlement Matrix. A detailed Entitlement Matrix (EM) presents definitions of the entitlements, entitled persons, application guidelines and implementation, and the institutional responsibility to make payments of compensation, assistance and resettlement benefits.

 Grievance Redress Mechanism. A grievance redress mechanism has been established under DCRP to redress grievances, disputes and complaints related to land acquisition, resettlement planning and implementation of the resettlement plan of the Project.

 Monitoring and Evaluation. An internal monitoring system has been established by Project Implementation Unit (PIU) and INGO with the guidance and support of Construction Supervision Consultants (CSC). Scope and requirements of monitoring report are as follows: a. To describe the concrete steps necessary to implement the internal and external monitoring activities, b. To define organizational resources and logistical requirements for internal and external monitoring

 Planning Process. A planning process for land acquisition and resettlement activities includes (i) carrying out pre-land acquisition activities (searching and collecting necessary papers, deeds, khatian, Porcha, mouza maps and documents), (ii) preparing location-specific land acquisition plans and proposals (LAPs), (iii) identifying impacts and recording impacts in details, (iv) reviewing policy, (v) preparing budgets and task scheduling, etc. for smooth implementation of land acquisition and resettlement activities.

The RP (May 2016) of the Project presents documentation of impacts of involuntary land acquisition and resettlement. Table 2 represents summary of project impacts:

Table 2: Summary of Project Impacts

Project Impacts Number SL No. 1 2 1) Land to be acquired (Acre) 1,390.1901 2) Total number of Project Affected Persons 9,946 3) Total Affected number of Common Property Resources 43

4) Total Number of Affected Private Households 1,984

5) Total number of Affected Household requiring physical relocation 1,569

SASEC: Chittagong – Co’s Bazar Railwa Project, Phase-1

Project Impacts Number SL No. 1 2 6) Total number of Affected Household economically displaced 415 7) Total Number of Affected Title-holders (TH) 1,032 8) Total Affected Non-title-holders (NTH) 537 9) Total Affected number of encroachers 12

10) Total number of Affected Renters 160 11) Total number of Affected Vulnerable Households 984

Sources: Approved RP (page-5), May 2016

Two land acquisition proposals for acquisition of 0.6250 and 2.0544 acres of additional land had been submitted to DC Office, Chattogram on 7th March 2019 and 4th December 2019 respectively. A total of 1,370.0458 acres of lands had been acquired and/or proposed for acquisition up to December 2019. A total of 998 non-title holder households (NTHs)/units had been identified as of December 2019. A total of 778 vulnerable and severely affected households have been identified as of December 2019.

C. Objective of Resettlement Plan (RP):

The objectives of the Resettlement Plan (RP) May 2016 are to assess and document impacts of land acquisition and involuntary resettlement, to develop mitigation measures, to pay compensation, resettlement benefits and assistance to implement the RP and also rehabilitation measures to restore income, assets and livelihoods of all the affected persons. The RP covers provisions for compensation and resettlement benefits to both the title holder (TH) & the non-title holder (NTH) affected persons. It complies with national regulations for land acquisition (ARIPO, Ordinance II of 1982 and its subsequent amendments in 1993 and 1994 & ARIPA September 21, 2017), and ADB‟s Involuntary Resettlement outlined in the Safeguard Policy Statement (2009). It also includes income and livelihood restoration programme and poverty reduction assistance to vulnerable project affected households under the Project area.

The RP complies with the ADB Safeguard Policy Statement (SPS) 2009 Principles as Follows:

Objectives:

 To avoid Involuntary Resettlement wherever possible;  To minimize involuntary resettlement by exploring project and design alternatives;  To enhance, or at least restore, the livelihoods of all displaced persons in real terms relative to pre-project levels; and to improve the standards of living of the displaced poor and other vulnerable groups;

Policy Principles:

o Determine the scope of resettlement planning through a survey and/or census of displaced persons, including a gender analysis, especially related to resettlement impacts and risks. o Consultation, participation and grievance mechanism set up. o Develop procedures in a transparent, consistent, and equitable manner to improve or at least restore livelihoods and standard of living. o Provide transitional and relocation assistance. o Improve standards of living of vulnerable and poor affected persons. o Consulting with the affected people in project planning and implementation. o Disclosure of the project and safeguard documents to PAPs and their community. o Payments of compensation for acquiring assets at replacement cost. o Ensuring that no one is worse off as a result of resettlement and would maintain, at least, their original standard of living; o Resettlement benefits to affected persons, including non-titled persons; and o Special attention to vulnerable affected persons.

SASEC: Chittagong – Co’s Bazar Railwa Project, Phase-1

D. Shift in Alignment and Its Impact on Land Acquisition:

Original RP was approved on August 17, 2016. Minimum additional land was required in some areas for smooth construction work of the Project. As a result, two new land acquisition proposals following the ARIPA 2017 (September 21, 2017) were submitted to DC Office, Chattogram. One LAP was submitted to DC Office, Chattogram for 0.6250 acre of additional land on 7th March 2019 while another LAP was submitted to DC Office, Chattogram for 2.0544 acres of additional land on 4th December 2019. Some additional land will be acquired using the ARIPA 2017 in near future.

E. Resettlement Plan Implementation Arrangements:

E.1 Bangladesh Railway (BR) & Project Implementation Unit – PIU:

Bangladesh Railway (BR) is the Executing Agency (EA) for implementing the resettlement plan under the provisions of SASEC: Chittagong – Cox‟s Bazar Railway Project, Phase 1. The Project Management Unit (PMU) is run by a Project Director and includes BR Officials, namely the Deputy Director (Resettlement) and the Sub Assistant Engineer (Resettlement) to implement the approved RP. The Deputy Director (Resettlement) is the convener of the three important committees, such as, the Joint Verification Committee (JVC), Property Valuation Advisory Committee (PVAC) and Grievance Redress Committee (GRC) for implementation of the RP. The DD (Resettlement) is assisted by the Senior Sub Assistant Engineer – SSAE (Resettlement) for the implementation of the RP at the field level (see Table 3).

Table 3: Composition of Resettlement Team of BR Sl No. Position No. Remarks 1. Deputy Director (Resettlement) 1 Deployed 2. Sub Assistant Engineer (Resettlement) 1 Deployed Total 2

E.2 Resettlement Plan Implementing Non-Government Organization (INGO):

Bangladesh Railway had recruited Implementing NGO (INGO)-Development Organization of the Rural Poor (DORP) - PATHMARK JV in February 2017 to assist BR in land acquisition & implement the Resettlement Plan (RP). Initially DORP – PATHMARK JV had set up two field offices in Lohagara of Chattogram District and Ramu of Cox‟s Bazar District in the project area and Project Office in Chattogram. At present INGO has three field offices at Lohagara, Ramu and Chakaria to implement the RP. Table 4 shows composition of key staff below as per the Contract Agreement between BR and DORP – PATHMARK.

Table 4: Composition of INGO key staff Sl. Position No. Remarks No. 1. Team Leader (LA and Resettlement Specialist) 1 Recruited & deployed 2. Resettlement Expert Manager 2 Recruited & deployed 3. Land Acquisition Manager 1 Recruited & deployed 4. Social Development Specialist 1 Recruited & deployed 5. Women in Development/Gender Specialist 1 Not mobilized 6. Finance Management Specialist 1 Vacant 7. MIS Specialist/Database Manager 1 Recruited & deployed 8. Area Manager 2 Recruited & deployed Total 10

The key responsibilities of the INGO are to support BR in implementing the RP effectively, timely and efficiently. In addition, INGO is updating the detailed surveys of the affected persons (APs) i.e., inventory of losses (IOL) and assets, business, Common Property Resources (CPRs) and resettlement benefits. The scope of work of INGO as mentioned in the RP is as follows:

SASEC: Chittagong – Co’s Bazar Railwa Project, Phase-1

1. Conduct census, inventory of lost assets and support to JVC and PVAC; 2. Assist in the land acquisition process; 3. Support in the compensation/assistance distribution process; 4. Resettlement and land acquisition consultation and participation activities; 5. Resettlement activities data management and monitoring; 6. Assistance in finding an alternative place / plot to rent/buy; 7. Assistance and participation to Grievance Redress Committee (GRC) and 8. Coordinate with and support DORP-PATHMARK in conducting the Livelihood Improvement Training Program (LITP) 9. Conduct/Liaise HIV/AIDS and Anti-Trafficking Awareness Campaign, 10. Support in the implementation of gender-related activities; 11. Support the implementation of the Railway Safety Awareness Campaign to the communities. 12. Carrying out assistance in Land Acquisition and identification of titled and Non- titled holders.

E.3. Establishment of Resettlement Unit in Construction Supervision Consultancy (CSC):

Bangladesh Railway had recruited the Construction Supervision Consultant (CSC), SMEC international in JV with CANARAIL, SYSTRA and ACE under Contract No. PD/DHZ-COX/CSC1 Loan No.3439 (SF) - BAN dated 14 September, 2017. Table 5A shows composition of the CSC Resettlement Team below.

Table 5 A: Composition of CSC Resettlement Team

Sl. Position No. Remarks No. 1. Social/Resettlement Specialist (International) 1 Recruited & deployed 2. Senior Resettlement Specialist (National) 1 Recruited & deployed 3. Mid-Level Resettlement & Gender Specialist (National) 1 Recruited & deployed 4. Junior Resettlement & Gender Specialist (National) 2 Recruited & deployed Total 5

E.3.1 Establishment of Resettlement Unit in Project Management Consultant (PMC):

Bangladesh Railway had recruited the Project Management Consultant (PMC) and Development Design Consultant Ltd (DDC) under Contract No. PD/DHZ-COX/PMC dated 30 January 2019. Table 5B shows composition of the PMC Resettlement Team below.

Table 5 B Composition of PMC Resettlement Team

Sl. Position No. Remarks No. 1. Resettlement Specialist 1 Recruited & deployed 2. Junior Resettlement Specialist 2 Recruited & deployed Total 3

E.4 Asian Development Bank (ADB):

The ADB Mission Team conducted site visits and review meetings on a regular basis. Detailed information on institutional arrangement/functions is given in Table 6.

Table 6. Institutional Arrangements/Functions

Organization Activity 1 2 ADB – Mission  Provides guidance, monitoring, review of report, etc.  BR, the executing agency implementing the project activities Bangladesh Railway- PIU through the assistance of CSC, INGO, PMC and Construction Contractor.  Prepare budget and report to concern Ministry & ADB.

SASEC: Chittagong – Co’s Bazar Railwa Project, Phase-1

Organization Activity 1 2  PMC is to ensure that the PMU-BR able to administer the Project Management monitoring surveys by the CSC, INGO and external Consultant (PMC) monitoring team.  Covering all safeguard steps including institutional and implementation arrangements for the affected persons (APs) with the construction Right of Way (RoW).   Provide support to the engineering team during construction SMEC International in minimizing social and resettlement impacts of the Project. (CSC) -Construction  Monitor the INGO activities, site visit, conduct training Supervision Consultant programs and prepared reports for BR.  Reviews and verifies inventory of losses & assets for the titled and non-titled APs.Submit the IOL report jointly with INGO to JVC committee for further action.  Determines the current market price/replacement cost of affected assets i.e land,various types of structure etc. INGO (DORP-Pathmark)  Identification of affected persons, valuation of losses;

 prepares resettlement budget,IOL survey, provides support

to JVC, PVAC and GRC.

 Determines the current market price/replacement cost of

affected assets i.e land,various types of structure etc.

 Joint Verification  Reviews and verifies inventory of losses & assets for the Committee (JVC) titled and non-titled APs.  Submits filled in Joint Verification Form to the PD for approval. Property Valuation  Determines the current market price/replacement cost of Advisory Committee affected assets and submits to the ministry for approval. (PVAC)

Grievance Redress  Rectify compensation not as per entitlement matrix; Committee (GRC)  Mediate in land disputes about ownership;  Facilitate payment of compensation/assistance;  Assist in ensuring proper distribution of compensation in case of joint ownership.

E.5 Formation of Committees (JVC, PVAC and GRC):

The government constituted the Joint Verification Committee (JVC), the Property Valuation Advisory Committee (PVAC) and the Grievance Redress Committee (GRC) for the Project to ascertain the quantum of losses and valuation of affected assets through an administrative order No. 54.00.0000.006.014.11.2016-555 dated 02 November 2017. Subsequently, BR had formed all the above-mentioned committees. These committees have been functioning accordingly.

E.5.1 Composition of the Joint Verification Committee (JVC): (I) Deputy Director-Resettlement, BR - Convener (II) Representative of the concerned Deputy Commissioner - Member (III) Area Manager of INGO - Member-Secretary

E.5.1.1 The ToR of the JVC Committee:

INGO is conducting the inventory of losses (IOL) surveys (i.e., various physical and non-physical losses of affected people with identity of person). The Resettlement Expert Managers and Team Leader along with the Area Manager jointly verify the IOL surveys. The CSC Resettlement Team is also involved in verifying the IOL surveys. Later on, the Joint Verification Committee (JVC)

SASEC: Chittagong – Co’s Bazar Railwa Project, Phase-1 verifies the IOL. All verifications are documented in a Joint Verification Form that is submitted to the PD for approval.

E.5.2 Composition of the Property Valuation Advisory Committee (PVAC):

1. Deputy Director-Resettlement, BR Convener 2. Representative of the concerned Deputy Commissioner Member 3. Upazila Chairman or his authorized Representative Member 4. Executive Engineer, PWD or his Representative, Concerned District Member 5. Area Manager of INGO Member Secretary

E.5.2.1 The ToR of the Committee:

INGO team conducted the market survey to determine current market price of affected assets. This market price is verified by the CSC Resettlement Team as well. Finally, the Property Valuation Advisory Committee (PVAC) determines the current market price/replacement cost of affected assets based on determined current market price of affected assets by INGO Team checked and verified by the CSC Resettlement Team.

E.5.3 Composition of Local and Project Level GRC:

Local level:

(i) Deputy Director-Resettlement, BR or his nominated Representative - Convener (ii) Representative of the Local Government Institution - Member (v) Woman Representative of Local Government Institution/UP - Member (vi) Representative of the Affected Persons - Member (v) Area Manager of INGO - Member Secretary

Project Level:

(i) Project Director or his nominated representative -Convener (ii) Resettlement Expert, CSC -Member (iii) Team Leader of INGO -Member Secretary

E.5.3.1 The ToR of the GRC:

The major functions of the GRCs will be, but not limited to, a) Further determination of losses which were identified incorrectly earlier, b) Rectify compensation/assistance not determined as per entitlement matrix, c) Mediate in redressing disputes on ownership of affected properties and assets, d) Facilitate delay in disbursement of compensation/assistance, e) Assist in proper distribution of compensation/assistance in case of joint ownership and f) Valuation of affected assets.

E.6 INGO’s assistance for JVC, PVAC and GRC:

The INGO is collecting data as per approved questionnaires; verifying, tabulating, and valuating the losses. The INGO then prepares the compensation estimates, including necessary support to the JVC, PVAC and GRC.

E.7 LA Process in Bangladesh & Role of Deputy Commissioner (DC):

Legal Frameworks for Land Acquisition in Bangladesh Context:

Constitutional obligation: For development works, the acquisition of lands and payment of compensation for acquired lands and other properties is a constitutional obligation under Article 42 of the Constitution of the People‟s Republic of Bangladesh, quoted below:

SASEC: Chittagong – Co’s Bazar Railwa Project, Phase-1

“42. (1) Subject to any restrictions imposed law, every citizen shall have the right to acquire, hold, transfer or otherwise dispose of property, and no property shall be compulsorily acquired, nationalized or requisitioned save by authority of law.”

(2) A law made under clause (1) of this article shall provide for the acquisition, nationalization or requisition with compensation and shall fix the amount of compensation of specify the principles on which, and the manner in which, the compensation is to be assessed and paid; but no such law shall be called in question in any court on the ground that any provision of the law in respect of such compensation is not adequate)

Bangladesh Railway (BR) has followed the procedures and principles laid down in the Acquisition and Requisition of Immovable Property Ordinance – ARIPO, 1982 (Ordinance II of 1982) as promulgated on April 13, 1982 by the then the Chief Martial Law Administrator and subsequent amendments of the Ordinance II (1982) in 1993 and 1994 & also the Acquisition and Requisition Immovable Property Act – ARIPA, 2017 (September 21, 2017) for acquisition of land and other properties for undertaking and implementing the project.

The Deputy Commissioners (DCs), Chattogram and Cox‟s Bazar Districts (project influence Zones) are exercising the Regulatory Authority as „Acquiring Body (AB)‟ some important sections of the Ordinance-1982 highlighted in Table 7.1 below:

Table- 7.1 LA process in Bangladesh (as per Ordinance II of 1982)

Under Section Topic Procedure The Ordinance II of 1982 and its Subsequent Amendments in 1993 & 1994 Under Section 3 Publication of Whenever it appears to the Deputy Commissioner (DC) preliminary that any property in any locality is needed or is likely to be notice of needed for any public purpose or in the public interest, he acquisition of shall cause a notice to be published at convenient places property on or near the property in the prescribed form and manner stating that the property is proposed to be acquired:

Provided, that no property used by the public for the purpose of religious worship, graveyard and cremation ground shall be acquired. Under Section 4 Objection Any person interested in any property which has been against notified under section 3 as being needed or likely to be acquisition needed for a public purpose or in the public interest may, within 15 (fifteen days after the publication of the notice, object to the acquisition of the property. Under Section 5 Final decision The Government, or as the case may be, the Divisional regarding Commissioner, after considering the report submitted by acquisition the Deputy Commissioner under section 4 (3) shall make a decision about the acquisition of the property and such decision shall be final. Under Section 6 Notice to When the Government, the Divisional Commissioner or person the Deputy Commissioner, as the case may be, has made interested. a decision for acquisition of any property under section 5 or the proviso to section 4 (3) (b), as the case may be, the Deputy Commissioner shall cause public notice to be given in the prescribed manner at convenient places on or near such property stating that decision has been taken to acquire the property and intends to take possession thereof and that claims to compensation for all interests in such property may be made to him. Under Section 8 Matters to be (1) In determining the amount of compensation to be considered in awarded for any property to be acquired under this part, determining the Deputy Commissioner shall take into consideration-

SASEC: Chittagong – Co’s Bazar Railwa Project, Phase-1

Under Section Topic Procedure The Ordinance II of 1982 and its Subsequent Amendments in 1993 & 1994 compensation (a) The market value of the property at the date of publication of the notice under section 3;

Provided that in determining such market value, the Deputy Commissioner shall take into account the average value, to be calculated in the prescribed manner, of the properties of similar description and with similar advantages in the vicinity during the twelve months preceding the date of publication of the notice under section3;

(2) In addition to the market value of the property as provided in sub-section (1), the Deputy Commissioner shall in every case award a sum of “fifty percent” on such market value in consideration of the compulsory nature of the acquisition (Amended by ord. VIII of 1993).

Table- 7.2 LA process in Bangladesh (as per ARIPA, 2017 [September 21, 2017])

Under Section Topic Procedure The Acquisition and Requisition of Immovable Property Act 2017 (September 21, 2017) Under Section-4 Publication of Whenever it appears to the Deputy Commissioner (DC) preliminary that any property in any locality is needed or is likely to be notice of needed for any public purpose or in the public interest, he acquisition of shall cause a notice to be published at convenient places property on or near the property in the prescribed form and manner stating that the property is proposed to be acquired:

Generally religious places, graveyard, cemetery, crematorium/cremation ground, cannot be taken into acquisition.

Provided that, if it is essential for public purpose or public interest, by relocating and rebuilding, in the own money of the Requiring Persons or Organizations, it may be taken into acquisition. Under Section-5 Objection Any person interested in any property which has been against notified under section 4 as being needed or likely to be acquisition needed for a public purpose or in the public interest may, within 15 (fifteen) days after the publication of the notice under Section 4, object to the acquisition of the property. Under Section 6 Final decision The Government, or as the case may be, the Divisional regarding Commissioner, after considering the report submitted by acquisition the Deputy Commissioner under section 5 (3) shall make a decision about the acquisition of the property and such decision shall be final. Under Section 7 Notice to When the Government, the Divisional Commissioner or person the Deputy Commissioner, as the case may be, has made interested. a decision for acquisition of any property under section 5 or the proviso to section 6, as the case may be, the Deputy Commissioner shall cause public notice to be given in the prescribed manner at convenient places on or near such property stating that decision has been taken to acquire the property and intends to take possession thereof.

SASEC: Chittagong – Co’s Bazar Railwa Project, Phase-1

Under Section Topic Procedure The Acquisition and Requisition of Immovable Property Act 2017 (September 21, 2017)

(2) Such notice shall state the particulars of the property to be acquired and taken possession of, and shall require all persons interested in the property to appear personally or by agent before the Deputy Commissioner at a time, fifteen days after the date of publication of the notice or in case of a nationally important project after 7 days, and such notice shall also contain the time and place to be present and state the nature of their respective interests in the property and the amount and particulars of their claims to compensation for such interests. Under Section 9 Matters to be (1) In determining the amount of compensation to be considered in awarded for any property to be acquired under this part, determining the Deputy Commissioner shall take into consideration- compensation (a) The market value of the property at the date of publication of the notice under section 4;

(2) While the government is acquiring land, it shall provide the persons interested with compensation a sum of “two hundred percent” on such market value as defined in subsection 1(a).

F. Land Acquisition (LA)

According to initial estimate presented in the RP, a total of 562.83 hectors (1,390.19 acres) of land would be required for acquisition to implement the Project. The Design Consultant prepared the Land Acquisition Proposals (LAPs) under Chattogram and Cox‟s Bazar Districts following the ARIPO, Ordinance II of 1982 and its subsequent amendments in 1993 and 1994. The Design Consultant submitted these LAPs to Bangladesh Railway (BR). BR had reviewed, verified, corrected and revised these LAPs for submitting the final LAPs to DC Offices, Chattogram and Cox‟s Bazar. BR submitted Upazila wise LAPs to DC Offices, Chattogram and Cox‟s Bazar. Then Land Acquisition (LA) Section of DC Office, Chattogram segregated the LAP submitted under Satkania Upazila into the four LAPs while the LAP submitted under Lohagara was segregated into the two LAPs for convenience of the LA Section to implement land acquisition. However, the LAP submitted under Chandanaish Upazila had been remained undivided. Similarly, the three LAPs submitted under Cox‟s Bazar Sadar, Ramu and Chakaria Upazilas had also been remained undivided. Finally, a total of 1367.3664 acres of lands had been acquired under the above-mentioned ten LAPs (Table 8.1). The respective District Land Allocation Committees (DLACs), Chattogram and Cox‟s Bazar had approved land allocation for acquisition under the ten LAPs in Chattogram and Cox‟s Bazar Districts respectively. Land acquisition under the above- mentioned 10 (ten) LA cases had been executed by the LA Section of DC Offices, Chattogram and Cox‟s Bazar. Table 8.1 shows (i) LA case wise date of submission of LAPs, (ii) LA case wise distribution of required amount of lands (acre) for implementing the Project, and (iii) service of notices under sections 3, 6 & 7.

Table 8.1: Submission date of LA Proposals and service of notices under sections 3, 6 & 7 under Chattogram and Cox’s Bazar District

SI. LA Case No. Submission of Land Service of notices U/S 3, 6 & 7(Date)

SASEC: Chittagong – Co’s Bazar Railwa Project, Phase-1

No. LA Proposal Required (Date) (Acre) U/S-3 U/S-6 U/S-7

1 2 3 4 5 6 7 1 09/2016-17 30.08.2016 10.1725 11.12.2016 09.08.2017 30.11.2017 2 31/2016-17 20.11.2016 55.0935 30.04.2017 13.02.2018 10.06.2018 3 32/2016-17 20.11.2016 27.6325 30.04.2017 20.12.2017 14.03.2018 4 33/2016-17 20.11.2016 51.1150 23.05.2017 20.12.2017 05.06.2018 5 34/2016-17 20.11.2016 42.5105 11.06.2017 20.12.2017 06.05.2018 6 35/2016-17 05.12.2016 85.0401 13.06.2017 22.02.2018 03.07.2018 7 36/2016-17 05.12.2016 92.8764 17.07.2017 22.03.2018 18.11.2018 Sub Total 364.4405 1 02/2016-17 15.12.2015 514.0091 19.09.2016 15.07.2018 27.11.2018 2 03/2016-17 15.12.2015 278.4908 20.09.2016 01.02.2018 25.06.2018 3 04/2016-17 15.12.2015 210.426 20.09.2016 12.10.2017 26.12.2017 Sub Total 1002.9259 Grand Total 1367.3664

[U/S-3 (Preliminary notice to people): Publication of Preliminary Notice of Acquisition of Property saying that proposal sent to government for acquiring the land for public interest. The interested people can lodge objection against the acquisition within 15 days, if any.

U/S-6 (notice to interested person): Government has decided to acquire the land. The affected persons entitled to claim compensation as against his/her losses, according to the legal framework.

U/S-7 (notice to respective people saying to come at DC office with papers for compensation): Deputy Commissioner office declared and ensure the compensation payment for affected persons against the loss of land and assets. This notice includes amount of money with necessary identity of affected people. This notice also notifies the affected people to come at DC office with necessary documents for submitting applications for receiving compensation under law.

Table 8.2 shows date of submission of two LAPs under Satkania Upazila of Chattogram District following the ARIPA 2017 for acquisition of 2.6794 acres of additional land (0.6250 acre and 2.0544 acres). The two LAPs were submitted to DC Office, Chattogram on 7th March 2019 and 4th December 2019 respectively.

Table 8.2: Submission of LAPs following ARIPA 2017 under Chattogram District

Sl District Upazila Submission of LAP Amount of land (Date) proposed (Acre) 1. Chattogram Satkania 7th March 2019 0.6250 2. Chattogram Satkania 4th December 2019 2.0544 Total 2.6794

G. Land Handover and CCL Payments up to December 2019 Table 9 shows that a total of 1,367.3664 acres of lands had been handed over to the BR by DC Offices, Chattogram and Cox‟s Bazar between 19th December 2017 and 22nd December 2018. Two DC Offices, Chattogram and Cox‟s Bazar had determined a total of 10,118 awards under the Project. Estimated amount of cost for land acquisition is BDT 22,002.98 million. The DC Offices, Chattogram and Cox‟s Bazar started payment of cash compensation under law (CCL) in December 2017 and have been disbursing CCL to the titled holder affected persons continuously. A total of BDT 14551.08 million (66.13%) have been disbursed to the TH affected persons by two DC Offices up to December, 2019. Amount of BDT 5,479.38 million (79.80%) and BDT 9,071.70 million (59.93%) have been disbursed to the TH affected persons by DC Offices, Chattogram and Cox‟s Bazar respectively up to December 2019.

SASEC: Chittagong – Co’s Bazar Railwa Project, Phase-1

H.1. Payments of Resettlement Benefits (RB) to TH affected persons:

Table 10 shows that a total of 6,689 payments of cash compensation under law (CCL) had been made by DC Offices, Chattogram and Cox‟s Bazar up to December 2019. Of 6,689 CCL cheques (payments) had been made by DCs, Chattogram and Cox‟s Bazar for the 3,094 awardees. EP ID cards have been issued and distributed to the 1,339 title holder EPs up to December 2019. Of 1,339 title holder EPs, 399 EPs (30%) received Top Up and resettlement benefits from BR. A total of BDT 232.41 million (BDT 131.68 million & BDT 100.73 million under Chattogram and Cox‟s Bazar Districts respectively) had been determined up to December, 2019. Of determined valuation and budget BDT 232.41 million, BDT 61.34 million (26.39%) had been paid to the 399 title holder EPs (BDT 28.08 million and BDT 33.26 million had been paid to 184 TH EPs and 215 TH EPs under Chattogram and Cox‟s Bazar Districts respectively) as of December 2019. The title holder affected persons had improved their structures at relocation places/sites. Some of them purchased land by expending received compensation and resettlement benefits.

H.2. Payments of Resettlement Benefits (RB) to NTH affected persons:

Table 11 shows that a total of 998 NTH affected persons had been identified as of December 2019. EP ID cards had been distributed to the 875 NTH (88%) affected persons. A total of 815 NTHs (93%) had received compensation and resettlement benefits BDT 293.51 million as of December 2019. A total of 122 NTH EPs (98%) & 693 NTH EPs (92%) had received compensation amounting BDT 37.14 million (93%) and BDT 256.37 million (94%) under Chattogram and Cox‟s Bazar Districts respectively as of December 2019. That is, in terms of disbursement amount by BR, BDT 37.14 million in Chattogram District and BDT 256.37 million in Cox‟s Bazar District had been disbursed up to December, 2019.

SASEC: Chittagong – Co’s Bazar Railwa Project, Phase-1

Table 9: Land handover to BR, estimated cost for acquisition and compensation payment up to December 2019

Land Handover to BR Chainage Compensation of TH affected persons Estimated cost (BDT Million) Total Valuation No. of CCL LA Case awards no. completed by DCs cheques/ Area (acre) From To Estimated Paid compensation Number Area (acre) Date determined for the awards no. payments Upazilla KM KM by DCs by DCs* cost No. No. (%) No. Amount % Remarks a B c d e f g h i j k l Ix100/k A. Chattogram District Chandanais 09/2016-17 10.1725 10.1725 19.12.17 -2 +000 +0.500 147 147 100 92 179.39 144.0 80.27 Satkania 31/2016-17 55.0935 55.0935 14.06.18 +.500 +6.000 613 613 100 384 1084.99 772.34 71.18 32/2016-17 27.6325 27.6325 10.04.18 +6.000 +8.100 393 393 100 269 775.60 605.51 78.07 33/2016-17 51.1150 51.1150 12.06.18 +8.100 +11.600 522 522 100 270 723.65 454.39 62.79 34/2016-17 42.5105 42.5105 31.05.18 +11.600 +15.400 624 624 100 430 914.67 880.92 96.31 Lohagara 35/2016-17 85.0401 85.0401 02.08.18 +15.400 +22.200 905 905 100 537 2018.66 1546.82 76.63 36/2016-17 92.8764 92.8764 28.11.18 +22.200 29.000 548 548 100 164 1169.47 1075.4 91.96

Sub-Total 364.4405 364.4405 – – – 3752 3752 100 2,146 6866.43 5479.38 79.80 PaymentongoingCCL B. Cox’s Bazar District Chakaria 02/2016-17 514.0091 514.0091 22.12.18 +29.000 +68.351 2640 2640 100 1,287 3241.01 1441.33 44.47 Ramu 03/2016-17 278.4908 278.4908 19.07.18 +77.658 +98.100 2062 2062 100 1,358 3047.02 1952.87 64.09 Cox‟s Bazar +68.351 +77.658 04/2016-17 210.4260 210.4260 08.01.18 1664 1664 100 1,898* 8848.52 5677.5 64.16 Sadar +98.100 +101.477 Sub-Total 1,002.9259 1002.9259 – – – 6366 6366 100 4,543 15136.55 9071.70 59.93

Grand Total 1,367.3664 1,367.3664 10118 10118 100 6,689 22002.98 14551.08 66.13 CCL payment ongoing

* Note: One award may contain more than one awardee while one awardee may also receive more than one CCL cheque (payment) from DC Office. As a result, it is happening that, number of awardees is higher than the number of awards and number of CCL cheques (payments) is also be higher than the number of awardees (i.e., no. of CCL payments > no. of awardees > no. of awards) under all LA cases.

SASEC: Chittagong – Co’s Bazar Railwa Project, Phase-1

Table 10: Payment status of the Resettlement Benefits (RBs) and ID Card Distribution for Title Holders (TH) up to December 2019

No. of CCL Titled Holders (No. & %) Amount ( million) Remarks cheques Valuation ID card Received % of THs Valuation Paid % (payments) Completed Upazila Issued RBs received (Budget) amount (gx100/f) from DC by JVC RBs Office (dx100/c) a b c d e f g h i A. Chattogram District Chandanaish 92 194 151 122 81 23.61 19.74 83.61 Remaining payment ongoing Satkania 1,353 760 421 50 12 60.27 5.11 8.48 Remaining payment ongoing Lohagara 701 470 117 12 10 47.80 3.23 6.76 Remaining payment ongoing Sub total 2,146 1,424 689 184 27 131.68 28.08 21.32 B. Cox’s Bazar District Chakaria 1,287 401 126 62 49 43.80 6.97 15.91 Remaining payment ongoing Ramu 1,358 637 318 74 23 24.93 8.18 32.81 Remaining payment ongoing Cox‟s Bazar Sadar 1,898 632 206 79 38 32.00 18.11 56.59 Remaining payment ongoing Sub-total 4,543 1,670 650 215 33 100.73 33.26 33.02 Grand Total 6,689 3,094 1,339 399 30 232.41 61.34 26.39

SASEC: Chittagong – Co’s Bazar Railwa Project, Phase-1

Table 11: Status of Resettlement Benefits (RB) Payments to NTH affected persons and ID Card Distribution among NTH affected persons up to December 2019

Upazila Completed Valuation of Lost Structures and Assets, Issuance of EP ID Cards Amount of BDT (million) Remarks and Payment of RB (NTH affected persons) Valuation ID card issuance NTHs received RB Valuation Paid % Completed (NTH (Budget) amount (fx100/e) No of NTHs % (bx100/a) No % (dx100/b) Identified by JVC)

a b c d e f g A. Chattogram District Chandanaish 92 85 92 84 99 16.45 14.07 86 Payment ongoing

Satkania 1 0 0 0 0 0 0 0 Payment ongoing Lohagara 46 40 87 38 95 23.56 23.07 98 Payment ongoing Sub total 139 125 90 122 98 40.01 37.14 93 B. Cox’s Bazar District Chakaria 501 415 83 386 93 145.28 138.11 95 Payment ongoing Ramu 166 157 95 131 83 56.98 48.53 85 Payment ongoing Cox‟s Bazar Sadar 192 178 93 176 99 70.68 69.73 99 Payment ongoing Sub-total 859 750 87 693 92 272.94 256.37 94 Grand Total 998 875 88 815 93 312.95 293.51 94

SASEC: Chittagong – Co’s Bazar Railwa Project, Phase-1

I. Identification of and Assistance to Vulnerable Households:

In accordance with ADB‟s SPS 2009, assistance measures have been provisioned in the RP to support the vulnerable households (including households headed by female, elderly/disabled persons without adequate means of support, households below the nationally defined poverty line, etc.). The RP contains provision for the physically displaced vulnerable households for special measures to mitigate their vulnerability during implementation of the RP. The Joint Verification Committee (JVC) had identified a total of 778 vulnerable households as of December 2019. BDT 92,35,000 had been determined as estimated amount of budget for the 778 vulnerable households up to December 2019. A total of BDT 63,60,000 (68.87%) had been disbursed to the 540 vulnerable households (69.41%) up to December 2019. Payment of resettlement benefits for assisting the vulnerable households by BR will be continued for the remaining identified vulnerable households. Detailed information on payments of resettlement benefits to vulnerable households is given in Table 12.

Table 12: Category Wise Payments of Resettlement Benefits to Vulnerable Households up to December 2019

Vulnerability Estimated No. of EP Assistance to Disbursement (BDT) Category Amount Identified Vulnerable HHs (BDT) No. % Amount % BPL 44,30,000 443 318 71.78 31,80,000 71.78 Elderly 3,90,000 39 25 64.10 2,50,000 64.10 Disabled 1,10,000 9 9 100.00 110,000 100.00 Female-headed 43,05,000 287 188 65.51 28,20,000 65.51 Total 92,35,000 778 540 69.41 63,60,000 68.87

J. Common Property Resources:

A total of 48 CPRs (12 and 36 CPRs under Chattogram and Cox‟s Bazar respectively) were identified under the project. The JVC had approved CPRs by checking and validating relevant documents while the PVAC determined Replacement Value for the approved CPRs. The INGO and the CSC had consulted with affected persons regarding acquisition of the CPRs and compensation and resettlement benefits against acquired CPRs as per the RP.

K. Income and Livelihood Restoration and Livelihood Improvement Program:

All the persons losing their livelihood resources or places of generating income due to the Project will be supported with cash grants and allowances as per the policy entitlement of the RP. The RP has provision of special assistance measures for vulnerable and severely affected households. Income generation and Livelihood Restoration Program (LRP) aims to rehabilitate the affected persons who lost their livelihoods due to the Project. The Livelihood Improvement Training will be provided to one designated member of each vulnerable and severely affected household. The particular vulnerable and/or severely affected household is to designate an eligible member as trainee for the above-mentioned training. That is, selection of trainee will depend on the vulnerable household/severely affected household. Training courses will be prepared through needs assessment of the participants. Each participant will also receive a seed grant upon completion of the course. Entitlement Matrix (EM) contains provision to provide higher seed grant (BDT 35,000) to woman compared to seed grant to man (BDT 25,000) to encourage families to send female members to participate in the training. Recruitment of a separate NGO specialized in skills development has been under process. The following specific steps have been completed and/or in progress:

 The Project Authority of Bangladesh Railway had published circular/advertisement in the two Daily Newspapers, namely (i) The Daily Kalerkanta dated 17th and 18th July 2019 and (ii) The Financial Express dated 17th and 18th July 2019 for Expression of Interest (EoI) of NGO specialized in skill development.  Twelve NGOs submitted EOIs to the Project Director, DCRP on 21st August 2019.

SASEC: Chittagong – Co’s Bazar Railwa Project, Phase-1

 Six NGOs have been short listed by BR .Soon RFP will issue to them. L. Consultation, Information Campaign and Participatory Process:

At the onset of the RP implementation, the INGO started distribution of leaflets and resettlement information booklets (Punorbason Pustika) on land acquisition and resettlement among the project affected people under the Project. A total of 16,271 leaflets and 8,184 resettlement information booklets (Punorbason Pustika) on land acquisition and resettlement matters and issues were distributed among the project affected people in the Project area as of December 2019. A total of 433 hours of public announcement had been made with mike (loud speaker) in the Project area to disseminate/campaign necessary information related to land acquisition and involuntary resettlement. Independent monitoring entity of ADB jointly with staff members of BR, CSC and INGO went for field visit time to time.They also attended FGDs with the affected persons & relevant stakeholders during their field visit. Focus group discussion method had been used to inform the affected people about (i) the Project, (ii) compensation and resettlement benefits against affected land, structures and other assets, and (iii) listened to concerns discussed by the participants of FGDs. The participants of the FGDs also described positive aspects of resettlement implementation during focus group discussions. Detailed information on consultation and information campaign is presented in the Table 13 below:

Table 13: Status of Information Campaign

Achieved up to Sl No. Activities Unit June 2019 1 2 3 4 1. Public Announcement Hour 433 2 Distribution of Leaflet No. 16,271 3 Distribution of documentary booklet No. 8,184 4 Personal contact EP/AP 6,667 5 Meetings/workshops/presentations/Discussions/Trainings 5.1 Consultation Meeting No. 38 5.2 Focus Group Discussion No. 199 5.3 Awareness Sessions No. 33 5.4 Workshops No. 12 5.6 Training No. 2

Table 13.1 presents detailed checklist of focus group discussions (FGDs) conducted with the project affected persons. Relevant information on the following subject matters related to land acquisition and resettlement were given to the affected people during focus group discussions. The participants of focus group discussions (FGDs) had provided their views and perspectives on the discussed subject matters.

Table 13.1: Subject matters of FGDs

Sl No. Subject matters of FGDs 1. Project and project line/area 2. Impact of land acquisition on assets, income and livelihoods 3. Compensation under law (CCL) as per ARIPO, Ordinance II of 1982 & ARIPA 2017 4. Resettlement benefits and assistance for resettlement of project affected people 5. Required records of right including deeds, khatian/parcha, mutation documents and other papers for producing application for receiving CCL from DC Office. 6. Income and livelihood restoration programme and assistance 7. Compensation payment process 8. Grievance Redress Mechanism (GRM) and Grievance Redress Committee (GRC) 9 Impact of project implementation on environment

Entitlement Matrix (EM) of the RP was discussed and disclosed to the participants of focus groups discussions (FGDs). The following points were discussed in focus group discussions:  Affected persons (APs) will get compensation as per Entitlement Matrix,

SASEC: Chittagong – Co’s Bazar Railwa Project, Phase-1

 The APs will have to submit necessary documents including deeds, khatian/parcha, mutation documents to LA Section of DC Office for getting compensation and other entitlements,  The APs have been briefed the on Grievance Redress Mechanism and function of GRC,  The participants had expressed their expectation of getting fair compensation, resettlement benefits and financial assistance from DC Office and the Project,  INGO representatives had briefed the participants about entitlements of vulnerable and severely affected households including training and cash grants,  Entitlement against lost common property resource (CPR)

M. GRIEVANCE REDRESS MECHANISM (GRM):

The Grievance Redress Mechanism (GRM) had been established for ensuring two important things/matters. Firstly. Grievance Redress Mechanism (GRM) facilitates the affected people and their communities to voice their grievances, complaints and concerns regarding land acquisition and resettlement linked to the Project. Secondly, the GRM ensures accountability towards the affected persons through redressing their grievances, complaints and concerns.

This mechanism (GRM) has been readily accessible to all project affected persons and other concerned people as per the RP. The 32 (thirty-two) Grievance Redress Committees (GRCs) had been formed at local level (municipality and/or Union Parishad [local administration level]). In addition, one project-level Grievance Redress Committee (GRC) had been formed that is based at Chattogram. Preferably grievance cases are resolved by local level GRC. If any grievances are not resolved by local level GRC, then the grievance will be onward transmitted to the project level GRC.

The contact information regarding focal person of the local level committee will be posted on sign boards in different relevant locations along the alignment for creating scope of getting effective information about GRM and roles of GRC. BR had formed and established GRCs to resolve grievances and complaints during the project intervention. Grievance Redress Committees (GRCs) resolve grievances and complaints amicably. The GRCs, however, will not provide legal advice to the contestants. Upazila wise distribution of the 32 (thirty-two) GRCs formed by the Project Authority is presented in Table 14. GRM related activities including (i) receiving grievances, complaints and concerns of the affected people, (ii) registering received grievances and complaints, (iii) determining eligible grievances and complaints for GRM, (iv) holding GRC meetings, etc. have been going on regularly since March 2019.

A total of 118 grievance/complaint cases had been received up to December 2019. Of 118 received grievance/complaint cases, 117 cases (99%) had been resolved as of December 2019. More specifically, a total of 56 GRC cases had been received between July 2019 and December 2019. Of 56 received cases, 55 cases (98%) had been resolved between July 2019 and December 2019.

Table 14: GRCs formation (at union level) and grievances received & redressed as of December 2019)

Sl. Name Of No.of Grievance/complaint Remarks Upazila GRC Received (No.) Resolved (No.) formed 1 2 3 4 5 01. Chandanaish 1 15 15 Grievances/complaints and concerns are 02. Sathkania 5 1 0 being received at project site for redressing 03. Lohagara 5 6 6 them. Of 118 grievances received, 117 (99%) have been redressed as of 04. Chakaria 10 64 64 December 2019. A total of 56 (fifty-six) 05. Ramu 5 12 12 grievance/complaint cases received 06. Cox,s Bazar 6 20 20 between July 2019 and December 2019, Sadar 55 (fifty-five) (98%) grievance/complaint cases had been resolved. Only one grievance case has been remained pending as of December 2019. Total 32 118 117

SASEC: Chittagong – Co’s Bazar Railwa Project, Phase-1

IV. SUCCESS STORIES

The non-title holder (NTH) affected persons received compensation and resettlement benefits for their affected structures from BR. They were allowed to take away salvageable housing materials free of cost. As a result, the NTH affected persons could manage to reconstruct better structures and houses at self-relocation places/sites compared to their structures and houses at pre- displacement places. Moreover, a considerable number of NTH affected persons had purchased land using their received compensation and resettlement benefits. According to available data, it was found that 45 NTH affected persons (38 NTHs & 7 NTHs under Cox‟s Bazar and Chattogram Districts respectively) had purchased 5.29 acres of land (4.43 acres and 0.86 acres under Cox‟s Bazar and Chattogram Districts respectively) as of December 2019. Some of these NTH affected persons who were landless before project had invested/used portions of their received compensation and resettlement benefits for purchasing land. It is worth mentioning that their present structures/houses are in much better condition at self-relocation places/sites compared to their pre-displacement housing conditions. Some success stories with contrast scenarios between previous and present structures of the resettled persons, which demonstrate significant improvement of their housing conditions under the Project area, are presented below.

Success Stories of Non-Title Holder Affected Persons (Landless People Got the Status of Owners of Land)

Success Story -1:

Md. Abdu Sattar (49 years), a non-title holder affected person. His EP ID no. is 2414#1262. His occupation was agriculture before displacement from their affected residence in Ringvong mouza under Chakaria Upazila of Cox‟s Bazar District. No. of his family members is 10. He is an inhabitant of Ringvong mouza. He lost his structure built on public land located on the right of way (RoW). He purchased 20 decimals of land at Dulahazra mouza by Previous structure investing his received compensation from BR.

Present structure Md. Abdu Sattar, ID no. is 2414#1262

SASEC: Chittagong – Co’s Bazar Railwa Project, Phase-1

Success Story -2:

Mr. Sunil Day (52 years), a non-title holder affected person. His EP ID no. is 2414#0473. His occupation was day labour before displacement from their affected residence in Dulahazra mouza under Chakaria Upazila of Cox‟s Bazar District. No. of his family members is 6. He is an inhabitant of Dulahazra mouza. He lost his structure built on public land located on the right of way (RoW) of the Project. He was given compensation, resettlement benefits and assistance by BR. DORP-PATHMARK (INGO) provided him necessary assistance in finding land for purchasing land to assist him in their self-relocation. He purchased 5 decimals of land at Dulahazra mouza after receiving compensation, resettlement benefits and assistance from BR.

Previous structure

Present under construction structure Sunil Day. ID no. is 2414#0473

SASEC: Chittagong – Co’s Bazar Railwa Project, Phase-1

Success Story-3:

Mamtaz Begum (55 years), EP ID no. is 1324#0157 lived at Chunoti mouza. No. of her family members is 6. She is an inhabitant of Chunoti mouza under Lohagara Upazila of Chattogram District. She lost her structure built on public land. She was given compensation, resettlement benefits and assistance by BR. DORP-PATHMARK (INGO) provided her necessary assistance in finding land for purchasing land to assist them in their self- relocation. She purchased 6 decimals of land at Previous structure Chunoti mouza after receiving compensation, resettlement benefits and assistance from BR.

Present structure Mamtaz Begum, ID no. 1324#0157

V. COMPARISON OF PREVIOUS AND PRESENT STRUCTURES

In most of the cases, relocation houses of the resettled people are in better condition compared to their previous houses. In this regard, pictures of some previous and relocated houses of the resettled persons (NTHs and THs) are shown below.

Comparrison of Non-Ttitle Holder Affected Persons’ Previous and Present Structures

SASEC: Chittagong – Co’s Bazar Railwa Project, Phase-1

Previous Structure Present Structure Rehana Akter, EP ID No.: 2624#0199 Rehana Akter, EP ID No.: 2624#0199 Machuakhali Mouza Machuakhali Mouza

Previous Structure Present Structure Mobarak Ali, EP ID No.: 2614 #0042 Mobarak Ali, EP ID No.: 2614 #0042 Mouza: Napitkhali Mouza: Napitkhali

Previous Structure Present Structure Farid Ahamed, EP ID No.: 2614#0044 Farid Ahamed, EP ID No.: 2614#0044 Mouza: Napitkhali Mouza: Napitkhali

SASEC: Chittagong – Co’s Bazar Railwa Project, Phase-1

Comparrison of Title Holder Affected Persons’ Previous and Present Structures in Chakaria

Previous Structure Present Structure Md Jasim Uddin EP ID No.: 2411#2358 Md Jasim Uddin EP ID No.: 2411#2358 Koriayagona Mouza Koriayagona Mouza

Previous Structure Present Structure Md Kalu EP ID No.: 2411#2102 Md Kalu EP ID No.: 2411#2102 Koriayagona Mouza Koriayagona Mouza

SASEC: Chittagong – Co’s Bazar Railwa Project, Phase-1

Previous Structure Present Structure Ruhana Akter, EP ID No.: 2421#1987 Ruhana Akter, EP ID No.: 2421#1987 Dulahazra Mouza Dulahazra Mouza

Comparrison of Title Holder Affected Persons’ Previous and Present Structures in Ramu

SASEC: Chittagong – Co’s Bazar Railwa Project, Phase-1

Previous Structure Present Structure Harun ar Rashad, EP ID No.: 2511#0683 Harun ar Rashad, EP ID No.: 2511#0683 Mouza: Fatekher Kul Mouza: Fatekherkul

Previous Structure Present Structure Maymunur Rashid, EP ID No.: 2511#0689 Maymunur Rashid, EP ID No.: 2511#0689 Mouza: Fatekharkul Mouza: Fatekharkul.

Comparrison of Title Holder Affected Persons’ Previous and Present Structures in Cox’s Bazar Sadar

SASEC: Chittagong – Co’s Bazar Railwa Project, Phase-1

Previous Structure Present Structure Jaynal Abedin, EP ID No.: 2611#0418 Jaynal Abedin, EP ID No.: 2611#0418 Mouza: Eidgha Mouza: Eidgha

Previous Structure Present Structure Mozamell Haque, EP ID No.: 2611#2087 Mozamell Haque, EP ID No.: 2611#2087 Mouza: Eidgha. Mouza: Eidgha.

Previous Structure Present Structure Nurul Amin, EP ID No.: 2611#3495 Nurul Amin, EP ID No.: 2611#3495 Mouza:Eidgha Mouza:Eidgha

SASEC: Chittagong – Co’s Bazar Railwa Project, Phase-1

Previous Structure Present Structure Sayed Karim, EP ID No.: 2611 #0707 Sayed Karim, EP ID No.:2611 #0707 Mouza: Napitkhali Mouza: Napitkhali

Previous Structure Present Structure Mohibur Rahman, EP ID No.: 2611 #0744 Mohibur Rahman, EP ID No.: 2611 #0744 Mouza: Napitkhali Mouza: Napitkhali

SASEC: Chittagong – Co’s Bazar Railwa Project, Phase-1

VI. CONCLUSION:

ADB‟s Safeguard Policy Statement (SPS) 2009 contains principles on involuntary resettlement to avoid involuntary resettlement wherever possible, and if avoidance is not possible, then to minimize involuntary resettlement by exploring project and design alternatives. Amount of acquired land was 1,367.3664 acres as of December 2018. Subsequently, 2.6794 acres of additional land under Satkania Upazila of Chattogram District were proposed for acquisition. Two LAPs were submitted to DC Office, Chattogram on 7th March 2019 and 4th December 2019 respectively. Now, amount of total acquired land is 1,370.0458 acres. A total of 1,367.3664 acres of lands had already been handed over to the BR by the respective DC Offices. Subsequently, acquired lands had already been handed over to the Construction Contractors by BR. In 2019, a total of 2.6794 acres of proposed additional land for acquisition has been under progress at LA Section of DC Office, Chattogram.

One of significant policy principles in SPS 2009 is to improve or at least restoration of livelihood and living standards of affected persons at pre-project standard. A total of 6,689 payments of cash compensation under law (CCL) had been made by DC Offices, Chattogram and Cox‟s Bazar up to December 2019. A total of 998 non-title holder affected households (NTH affected persons) identified for paying them compensation and resettlement benefits against affected non-land assets and structures. EP ID cards had been issued for and distributed to the 875 NTH affected persons (88%) as of December 2019. Out of 875 NTHs, the 815 NTH affected persons (93%) had received compensation and benefits as of December 2019. They had self-relocated at nearby their kinspersons, lineage people and communities as of December 2019. Forty-five (45) landless persons now get an identity of “owner of land” after getting the compensation and guidance from BR to purchase new land. Other NTH persons also built new houses which is better compare to previous structure. The TH also built new better houses. Many of them bought new land.

The Resettlement Plan (RP) of the Project is being implemented by BR with the assistance of the INGO (DORP-PATHMARK JV), CSC and PMC. The BR had made adequate efforts to mitigate adverse impacts, risks and situations up to December 2019. The BR has explored all possible ways to mitigate adverse impacts and situations. Social safeguard issues are being addressed properly by the BR during the implementation of the Project following the approved RP and ADB‟s SPS 2009.

SASEC: Chittagong – Co’s Bazar Railwa Project, Phase-1

Annexure-1

ADB Mission, the PD & the CSC Consultants ADB Mission Visited DCRP Site on 26-8-2019 Visited Project Site at Jhilonja Mouza, Cox‟s Bazer Sadar Upazila on 26-8-2019.

ADB Mission Visited DCRP Site on 26-8-2019 ADB Mission Visited DCRP Site on 26-8-2019

SASEC: Chittagong – Co’s Bazar Railwa Project, Phase-1

ADB Mission Visited DCRP Site on 26-8-2019 The Deputy Director (Resettlement) Distributing cheque to Abul Kalam, EP ID No. 2414#0301

Distribution of Cheque of Compensation and Resettlement Benefits by the Deputy Director (Resettlement), BR

SASEC: Chittagong – Co’s Bazar Railwa Project, Phase-1

Annexure-2: Focus Group Discussion (FGD)

Focus group Discussion (FGD) Conducted with Affected Persons Focus group Discussion (FGD) Conducted with at Dulahazra mouza, Chakaria, Cox‟s Bazar District Affected People at Kahariaghona mouza, Chakaria, Cox‟s Bazar District

Focus group Discussion (FGD) Conducted with Affected Persons at Chunoti mouza, Chakaria, Cox‟s Bazar District

SASEC: Chittagong – Co’s Bazar Railwa Project, Phase-1

ICONIC STATION BUILDING AT COX'S BAZAR