Resettlement Planning Document
Resettlement Plan Document Stage: Final Project Number: 35242 November 2005
BAN: Gas Transmission and Development Project
Prepared by the Gas Transmission Company Limited (GTCL) for the Asian Development
Bank (ADB).
The resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB’s Board of Directors, Management, or staff, and may be preliminary in nature.
Field Appraisal (3D Seismic Survey)
CHAPTER 1
SCOPE OF LAND ACQUISITION AND RESETTLEMENT
1.1 INTRODUCTION
Natural gas is the primary source of energy in Bangladesh and about two third of the total requirement of energy is now being met by this resource. Recent reserve estimates, current consumption rates and future daily requirement projection scenarios suggest that the known recoverable reserves will be exhausted very soon. To replenish the depleted resources to meet the future demand, exploration activities need to be geared up in the near future.
Oil and gas exploration activities started in the country from 1910 with geological mapping and Geological Information Boreholes (GIB) drilling. From 1910 to 1971, a total of 28 exploration wells were drilled and commercial gas discovered in 8 of the wells. From 1971 to 1998, a total of 29 exploratory wells were drilled and commercial gas was found in 13 wells and oil was found in one well. The locations of all the exploratory wells were delineated with the help of geophysical methods i.e. aeromagnetic, gravity and seismic reflection surveys. Seismic reflection method using multifold coverage techniques is the most effective tool for geological mapping. Most of the structures i.e. hydrocarbon reserve traps in Bangladesh are deeply buried and seismic reflection survey is the only means to delineate these buried hydrocarbon traps.
Seismic exploration technology is advancing in line with increases in demand for energy resources. 3-D method is the latest development for hydrocarbon exploration and exploitation that would lead to successful solution of field development problems. It allows precise identification of structures including micro faults, which is not possible in 2-D method. It also improves the definition of structural container size and location of maximum hydrocarbon reserve. Structural mapping is almost accurate and drilling locations can be precisely located, thereby cost and risk of production well is reduced significantly. On the contrary, 2-D seismic survey provided two-dimensional vertical cross-section of the sub-surface along the recorded lines that are normally 2-5 km apart. In a 2-D survey the information cubes are normally 2 km x 2 km in horizontal and vertical directions, while in a 3-D survey the same are 25m x 25m or even less.
All the gas fields in Bangladesh were delineated by 2-D seismic reflection survey. But none of them were apprised either by 3-D seismic survey or by appraisal drilling. The records of the different gas fields estimated by varies companies/agencies are based on old maps. The reserve of the Habigonj gas field estimated by Pak Shell in early date was 1.28 TCF. Now after 10 wells drilled in this field the gas-in-place is 5.14 TCF estimated by HCU/NPD. Similarly from the early interpretation based on 2-D Seismic reflection data and from the drilled wells in Titas gas field, the estimated gas-in place was about 2.25 TCF. But after production of more than 2.00 TCF of gas from Titas field, there has not been any significant pressure drop and the present estimate of gas-in-place in Titas is estimated by the Hydrocarbon Unit in 2002 to be 7.30 TCF. Had there been 3-D seismic survey done over the Habigonj, Titas and other structures, a precise idea about the gas-in-place could be obtained.
Page-1 Field Appraisal (3D Seismic Survey)
In association with BGFCL and SGFL, BAPEX has planned 3-D seismic survey of five major gas fields of the country, namely Titas, Bakrabad, Sylhet, Kailastila and Rashidpur. Titas and Bakrabad gas fields are under Bangladesh Gas Field Company Limited (BGFCL) and Sylhet, Kailastila and Rashidpur gas fields are under Sylhet Gas Field Limited (SGFL). The seismic survey will cover an area of about 1250 Sq. Km in the five gas fields (Attachment-1). Through such survey, a more clear picture about the gas reserves in the field will be available.
This resettlement plan (RP) relates mainly to temporary land acquisition. The 3-D survey will not require any land acquisition. Since Bangladesh does not have involuntary resettlement legislation, the RP should be guided by the international best practice policies of funding agencies such as the Asian Development Bank (ADB), as well as by the experience gained in the country on similar projects that have involved land acquisition, requisition and compensation for crops damages.
Adroit Environment Consultants Ltd. has been engaged to make a detailed assessment of the losses to property, crops, trees and prepare detailed RP. The team of experts consisting of an Environmentalist, Sociologist, and other disciplines, along with BAPEX personnel were in the field to collect necessary data. Payment of compensation for temporary requisition of land for 3-D seismic survey will be paid as per Land Acquisition Principles. Land requisition including payment of compensation will be completed before taking possession of the land. Compensation for damages of crops due to seismic survey in the 5 gas fields will be paid as per Bangladesh law and ADB guidelines during the survey phase of the Project, which involve digging for placing of explosives. A consulting firm/NGO will be appointed to facilitate in the implementation process of the RP.
1.2 Objectives of the Project
The main objectives of the project are as follows:
i. 3-D Seismic data acquisition, processing and interpretation over the above- mentioned five gas fields.
ii. Help better planning on future gas demand-supply through better knowledge about the gas reservoir.
iii. To reduce the number of appraisal wells for reservoir estimation of the gas fields.
iv. To develop human resources of BAPEX in the utilization of 3-D seismic technology for oil and gas exploration in the country.
1.3 Scope of Work Under the Project
There is no need for permanent acquisition of land for this 3-D survey. The Project will only involve temporary land acquisition. The total surface coverage is 1,250 Sq. Km. The individual gas field coverage is shown in Table 1.1. Temporary strip acquisition of 1 meter for sensor lines over the total coverage area is estimated at 250 hectares (ha). Temporary acquisition for shot holes each measuring 4 square meters will require temporary acquisition of 20 ha. Total temporary acquisition will be 270 ha. Survey
Page-2 Field Appraisal (3D Seismic Survey) activities shall start from November 2006, but shot holes and lines of sensor strips will remain in acquisition for not more than 15 days. Since a large area of Sylhet, Kailastila and Rashidpur area is covered with hillocks that are government property, the affected area will be significantly less than 270 ha. Cropped lands will be avoided to the extent possible. However, there would be some damages to the standing crops during the surveys.
Table 1.1 : Surface Coverage (Sq. Km) for 5 Gas Field to be Temporarily Acquired for 15 days as under
Field Season 2005-06
Sl. No Name of Gas field Dimension Total Coverage (Km x Km) Area (Sq. Km) 1 Titas 24 x 14 335 2 Bakhrabad 20 x 10.5 210 Total 545
Field Season 2006-07
1 Sylhet 15.5 x 12 190 2 Kailastila 17 x 11 190 Total 380
Field Season 2007-08
1 Rashidpur 26 x 12.5 325 Total 325
Total surface coverage for 2 Gas Fields (BGFCL) 545 Sq.km Total surface coverage for 3 Gas Fields (SGFL) 705 Sq. km Total surface coverage for 5 Gas Fields 1250 Sq. km
1.4 Location of the Project Area
The project areas partially cover four districts of the country, namely Brahmanbaria, Comilla, Sylhet and Hobiganj in the eastern and northeastern parts of Bangladesh. The Titas gas field was discovered by Pakistan Shell Oil Company in 1962. Total recoverable gas reserve of Titas field is 5,110 billion cubic feet (BCF) as per latest official estimate. Commercial production of gas from this field was commenced in 1968. The field lies at the skirt of the Brahmanbaria town. The structure is an elongate north-south asymmetrical anticline measuring about 24 X 14 km with a vertical closure of 500 m. The proposed project is located at Brahmanbaria sadar. The river Titas is passing through the project area. Bakhrabad gas field under Muradnagar upazila is in the south, Ashugonj power station in the west, Nasirnagar in the north and India is in the east.
Bakhrabad gas field was discovered by Pakistan Shell Oil Company Ltd. in 1969. The field (coverage 20 kmx10.5 km) is located at Muradnagar upazila under Comilla District. Total recoverable gas reserve of Bakhrabad field is 1,002 BCF. The ground level is
Page-3 Field Appraisal (3D Seismic Survey) between 5.4 – 5.5m above the mean sea level. Debidar Upazila is in the south, Homna Upazila in the west, Kasba in the East and Nabinagar in the North.
The topography of the area of Titas and Bakhrabad is flat compared to that of Sylhet, Kailastila and Rashidpur gas fields. The ground level is between 5.4 – 5.5m above the mean sea level. It is well connected with Dhaka and other cities of the country.
The Sylhet gas field (coverage 15.5 kmx12 km) is located at Haripur northeast of Sylhet City and Gowinghat Upazila is in the North, Golapgonj Pourashava is in the southeast, Beanibazar in the east and Biswanath in the west. Total recoverable gas reserve of Sylhet field is 479 BCF. This gas field resumed production gas on 23 March 2005. It was earlier produced oil after started commissioned then converted to gas production after a 4 year closer.
The Kailastila gas field (coverage 17 kmx11 km) is located at Golapgonj upazila south of Sylhet City Corporation under Sylhet district. Total recoverable gas reserve of Kailastila gas field is 1931 BCF. Fenchugonj is in the south, Beanibazar in the east, Biswanath in the west and Sylhet (Haripur) gas field in the North.
The Rashidpur gas field (coverage 26 kmx12.5 km) is located at upazila under Habigong district. Total recoverable gas reserve of Rashidpur gas field is 1,401 BCF. It is in the middle of Kailastila and Titas gas field.
A large area of Sylhet, Kailastila and Rashidpur gas fields area covered by plain lands mostly vacant with hillocks in nature. Photograph 1 and 2 shows plan land and Photographs 2 & 3 shows hillocks in Kailastila gas filed in Golapgonj Upazila under Sylhet district. All the three gas field are well connected with Dhaka and the other areas of the country.
The location of five gas fields Titas, Bakhrabad, Sylhet, Kailastila and Rashidpur is shown in Map-1.
1.5 Census and Inventory of Assets of Affected Road Infrastructure
An enumeration of households affected by crops damaged irrespective of their entitlements or ownership status will be made. It will produce a master list of APs with address and a identification number and a data base of the entire crops damages along the 1 m sensor line strip.
A total of 800 households will be affected by the subproject. The impact of land acquisition on total landholdings of APs is insignificant. Based on an average household size of 6 the estimated number of affected persons (AP) is 4800. Because the sensor lines are 500 meters apart, as well as shot holes is unlikely that APs will lose more than 10% of their productive assets. Moreover, the survey will be conducted during dry season, where there are no standing crops on most lands. No structures, no trees, and no community resources will be affected as procedures based on International Association of Geophysical Contractors (AGC) will be followed. When any of the previously mentioned resources occur, undershooting will be undertaken to avoid impacts.
Page-4 Field Appraisal (3D Seismic Survey)
1.6 Market Survey for Value Assessment
The affected households will be paid cash compensation for crops damaged. The usual basis is the price recorded in the respective City Corporation, Pourashavas and Union Parishad, and the qualitative judgment by neutral people from the locality. Market survey will be conducted to determine the replacement cost compensation value of crops.
1.7 Scope of Resettlement
The alignment of the sensor and shot hole lines for conducting the 3-D seismic survey over 5 gas fields under SGFL and BGFCL, are selected in such a way so that they pass through the vacant and agricultural lands so that the survey do not cause any homestead or business establishment displacement. However, as the population density in the surrounding areas is very high and most of the land is under some kind of use specially in city areas, including commercial and residential use, the number of APs will be considerable. During actual implementation, careful consideration will also be given to minimize any adverse impacts on temporary requisition of land, by adjusting the alignment of sensor and shot hole lines to avoid homestead damage, and cropped land to the extent possible. However, no land acquisition will be needed for the survey.
Page-5 Field Appraisal (3D Seismic Survey)
CHAPTER 2
SOCIO-ECONOMIC INFORMATION OF THE PROJECT AREA
2.1 Introduction
This Chapter of the report is intended to highlight the socio-economic scenario of the Project area and it’s vicinity. In this respect both primary and secondary data are used. The principal secondary sources are the Census Reports of Bangladesh, BAPEX maps, ADB Handbook on Resettlement and Bhumi Odhigrahan Manual: A Manual of Land Acquisition and Requisition in Bangladesh (1995) by H.J. Alam. The secondary data related to socio-economic information of the project area is described demographic characteristics, tenurial and cropping patterns, in sections 2.2 and 2.3.
The primary data is collected through socio-economic survey (SES). The SES is intended to serve two purposes: firstly, it obtains pre-project productive activities, incomes and economic interdependency among the APs, land ownership and land-use patterns, occupations, likely impacts of the project on economy of the APs and the community. Secondly, it provides a baseline for subsequent monitoring and evaluation of the RP implementation.
2.2 Demographic Characteristics
The total population (males and females) of the Project-affected area in four districts is 11164000, with an average population density of 1000 per sq. km. The total population (males and females) of the 5 gas field-affected area under respective Upazila wise is 2315000, with an average population density of 11230 per sq. km. The distribution of the population by sex, sex ratio, area, number of household, average household size and population density in the Project-affected areas is presented in Table 2.1.
Page-6 Field Appraisal (3D Seismic Survey)
TABLE 2.1: District wise Population Distribution by Sex, Population Density, Sex Ratio and Average Household size in the Project Area
Name of Population (000) Area No. H / Av. Sex Ratio Pop. District Male Female Total Sq. Hold HH* (M/Fx100) Density Km (000) Size Brahmanbaria 1194 1184 2378 1927 424 5.62 100 1234 (50.57) (49.43) (100.0) Comilla 2311 2280 4591 3085 822 5.59 101 1488 (50.33) (49.67) (100.0) Sylhet 1308 1239 2547 3490 420 6.06 101 730 (51.35) (48.65) (100.0) Habigong 884 864 1748 2637 322 5.43 102 663 (50.57) (49.43) (100.0) Name of Thana Brahmanbaria 318 311 629 496 111 5.67 102 1268 Sadar (50.55) (49.45) (100.0) Muradnagar 231 236 467 339 83 5.63 97.88 1377 (49.46) (50.56) (100.) Sylhet Sadar 366 316 682 517 116 5.88 116 1319 Haripur (50.67) (49.33) (100.0) Golapgonj 130 133 263 278 42 6.26 97.74 946 (Kailastila) (49.43) (50.47) (100.0) Habigong 142 132 274 253 52 5.27 108 1083 sadar (51.82 (48.18) (100.0) (Rashidpur) *HH= Household; Figures in the parenthesis indicate percentage Source: Compiled from Bangladesh Population Census 2001, Union Statistics, Vol. 2, Bangladesh Bureau of Statistics, 2003, (January 2005)
District wise male and female ratio is almost same and is little less than national average 103.8. But Upazila wise male and female ratio is much higher than the national average. The highest ratio 116 in Sylhet sadar. However, a higher sex ratio is observed in Sylhet sadar followed by Habigong, Brahmanbaria, Muradnagar and Golapgonj.
2.3 Tenure System and Cropping Pattern
The holding type by farm and non-farm categories of the project area is shown in Table 2.2. About 52.14 percent of the households in the project affected areas have small farms. These small farm holders own land of 0.05-2.49 acre, including homestead. The majority of these small farm holders are marginal farmers. The remaining households are either non-farm households or medium and large farmers.
TABLE 2.2 : Distribution of Non-Farm and Different Types of Farm Holdings by District and by Percentage
District Non-Firm Farm Holdings (%) (%) Small Farm Medium Farm Large Farms (0.05-2.49 Acre) (2.50-7.49 Acre) (7.50 Acre Plus) Brahmanbaria 57.47 54.26 8.6 0.65 Comilla 39.11 65.23 6.35 0.30 Sylhet 54.04 49.53 14.07 2.60 Habigong 60.95 45.6 13.8 2.73 Total 52.14 53.66 10.70 1.57 Source: Census of Agriculture-1996, National Series, Vol. 1, Bangladesh Bureau of Statistics, 1999.
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About (51.22%) of the farmers cultivate their own lands. On the other hand, a sizable portion (13.58%) of the population works as agricultural labor. Farmers who would be severely affected by loss of income either from their own land or from their wage labor will be assisted to restore their income-earning capacity.
Tenant farmers will also be affected, and they comprise 6.78 percent of the total farmer community. Therefore the potentiality of affecting the tenant farmers is high in the project area. The tenant farmers will receive compensation for their lost crops and provided with rehabilitation assistance to restore their income-earning capacity.
As in other parts of Bangladesh, there are three types of tenancy system in the Project area:
(i) 50% of the crops will be shared, with the tenant if the tenant provides 50% of all the inputs in the land, (ii) 33% of the crops will be shared by the tenant if the land owner provided the input, and (iii) on a contract basis i.e. the tenant provides a certain amount of money to the land owner for utilizing or cultivating the land and enjoys the total return. Tenancy is done sometimes on a seasonal or yearly basis.
Three agro-climatic seasons are prominent in the Project area. The months of April to November include pre-monsoon, monsoon and post monsoon periods, covering kharjf-1 and Kharif-2 and first two months of the Rabi season. The months from December to March are dry period, covering the rest of the Rabi season. The agricultural land in the Project area consists of high, medium low and low land. Of the total about 65 percent is suitable for multiple cropping. Land fertility and irrigation facilities allow the farmers to cultivate a wide range of crops.
One cropped, two cropped and three cropped agricultural lands are found in the Project area. The major crop of the project area is paddy. Other crops are wheat, jute, oilseed and sugarcane, pulse, potato, chili and vegetables. Ground water irrigation is extensively practiced for growing high yielding variety of rice. Most of the other crops are grown on non- irrigated lands.
As in other areas of Bangladesh, homesteads in the Project area are comprised of two to five dwelling structures around one courtyard. This is a typical characteristic of Bangladesh farming houses. The courtyard is mostly used for pre-and post-harvesting operations, mainly done by women. Household owners typically grow fruit trees and vegetables around the corners of the courtyard, at the back of the dwelling units, and in other areas of homestead. The courtyards are sometimes shared by more than one household.
A number of NGOs are working in and around the Project area. Principal NGOs are the BRAC, Proshika, Grameen Bank, ASA, and others Unnayan Samity. The majority of the members are women. Providing credit facilities to the members is the principal activity of these NGOs. However, all the NGOs have undertaken multidimensional development projects including saving credit, skill training, social forestry, livestock and poultry programs.
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All of the upazila and district headquarters have government health service centers. Almost all the market centers have at least one drug store with a doctor to serve the local area or payment. Almost all the people drink tube well water. In the Project area, people use both sanitary and katcha latrines.
The field survey confirms that no religious worship places, educational institutions, old monuments or relics affected by the proposed 3-D seismic survey.
2.4 Project Affected Area
Table 2.3 summarizes the estimated number of affected persons during 3-D seismic survey of the proposed project.
TABLE 2.3: Estimated Number of Affected Persons for 3-D Seismic in the 5 Gas fields
Sl. Name of Gas Coverage Nos. Affected Requisition Type of Percent APs No filed Area of land Land Owner of Land (ha) Land (Sq. km) 1. Titas 335 250 37.4 Agricultural 31.25 2. Bakrabad 210 160 65.0 Agricultural 20.00 3. Sylhet 190 105 67.2 Agricultural 13.13 4. Kailastila 190 105 42.0 Agricultural 13.13 5. Rashidpur 325 180 37.2 Agricultural 22.50 Total 1250 800 248.8
2.5 Household profile in the Project Table 2.4 area Distribution of Household Members by
Education 2.5.1 Educational Status of the Area
Level of education Per cent The literacy rate of the project area is 54.83 percent. About 13.1 per cent of members Children (up to 4 years) 10.6 excluding up to 4 years children in the sample Illiterate 13.1 households are illiterate according to Only Able to Read 1.7 definition of illiteracy provided by BBS. Able to Read & Write 5.0 st th Among the literate of the population only can Primary (1 to 5 class) 21.5 th read and write. In addition, 21.5 per cent Secondary (6th to 10 class) 20.7 attained primary education and 20.7 per cent S.S.C/Dakhil 15.0 attained secondary education. The remaining H.S.C/Alim 5.4 per cent have attained higher secondary and Graduate/Fazil 4.2 graduate/post graduate or equivalent and Post Graduate/Kamil 2.9 Madrasa education among them only t up to Total 100.0 intermediate level. The literacy rate of the area is higher than the national literacy rate BS in 1999. (Table 2.4).
2.5.2 Occupational Structure of the Area
Occupation indicates sources of income from work as well as social status. Table 2.5 presents the main household occupation. A good number of women consisting 26.4% of
Page-9 Field Appraisal (3D Seismic Survey) population are engaged in household activities while 35.4% are students or children. Remaining 38.2% are active in professional work. Among the professional agricultural farming is the prime occupation (18.1%) of household. The remaining is engaged Table 2.5 in business (4.4%), service (3.6%), Distribution of Household Members agricultural labour (1.2%), rickshaw/van/ by their Primary Occupation pushcart driver (0.4%), salaried worker (0.4%), tailors (0.4%) and other unusual Occupation Per cent occupation (2.1%). Other occupation Farmer 3.8 means brokery, membership in union Share Cropper 1.3 council etc. It is found from the table, House wife/Household work 26.4 58.8 per cent of population has no Agricultural labour 1.2 occupation which is comprised with Rickshaw/Van/Pushcart 0.4 housewives, unemployed, retired driver persons, students and children. Service holder 13.6 Salaried worker 3.4 2.5.3 Households with Physically Businessman 3.2 Retarded/Crippled Persons Small Businessman 1.2 Unemployed/Retired/old 7.6 The proportion of physically or Tailor 0.4 psychologically handicapped people is a Student /Children 35.4 negligible 0.5%. Others 2.1 Total 100
2.5.4 Land Use Pattern
Land distribution pattern depicts that about 19% of the people have land less than 2000 sq m or 0.2 hacares, out of them 5 per cent have only a small homestead. The marginal farmers having land 2000-6030 sq. m is constituted by 56% of the population and 12% is small farmer whereas 9% is medium farmer.
The average agricultural land owned by virtual landless farmers (less then 2000 sq m or 0.2 hectares) is 1100 sq. m. They on an average take 121 more sq. m on mortgage or share. Thus the average operated land by them is 1210 sq. m.
The marginal farmers own on an average 3520 sq. m but operate 3764 sq. m including 242 sq. m on mortgage or share. Small farmers own on an average 8296 sq. m of land but operate only 7770 sq. m decimal which indicates sharing/mortgaging out of 526 sq. m on an average. The medium farmers own on an average 12424 sq. m while they operate 10,400 sq. m. The near landless and marginal farmer take about 121-242 sq. m on mortgage or share where as small or medium farmer give out on mortgage or share 526 sq. m to 2000 sq. m of land .
2.5.5 Physical Facilities of the Households
2.5.5.1 Electricity
All the mouzas have electricity facilities for household and commercial use. About 88.4% of the total household are using electricity. Electricity is still a relatively scarce commonly; a luxury which many people cannot afford even if it were to become available
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in their village, the Rural Electrification Board has taken the task to electrify all the village. Due to the project implementation the existing electricity facility will not affect.
2.5.5.2 Water facilities for Household Use
Tube-well is the lone source of domestic water for all households. Self-ownership of this source of the household is more than 75%, 17.0% is served by public tubewell and others use tubewell of their neighbors. Supply of clean potable drinking water for domestic use is the main key to the prevention of water-related diseases. Due to the project implementation the existing water supply will not affected.
2.5.5.3 Latrine Facilities
Non-Sanitary ring slab latrine is used by 41% of the households which is followed by 36% sanitary latrine, 14.0% katcha latrine and 9% sanitary ring slab.
2.5.5.4 Cooking Fuel
Most of the households (76.7%) use wood as the cooking fuel. Besides they use leaves, cow dung, husk (23.3%), etc. Average cooking fuel cost of per household is Tk. 307.
2.5.6 Employment Opportunity
In response about non-farm employment opportunities respondent stated that it is a bit higher than any other rural Bangladesh. About 77% of the respondent opined that non- farm employment opportunity is available in the area. Among various types of non-farm employment non-govt. organizations, transportation, construction works, labour selling in brick field etc. are remarkable here. So, local labour supply is less than requirement for both sectors of agriculture and non-agriculture.
2.5.6.1 Emigration and Immigration: It is seemed here, the trend of immigration is higher than emigration. Though non-farm opportunity is available here but some inhabitats of the project are migrated out of the area due to difficulties in getting job during rainy season (40.0%), expecting more salary/wage (33.3%) and business (26.7%). On the other hand, people immigrate in the area due to higher demand of agricultural labour (72.2%) and non agricultural labour (27.8%). Non-agricultural labour is found mostly in brick-field.
Population migration within the country, especially from rural areas to the capital city and to Chittagong are very visible. In response about emigration and immigration of the area, negatively in terms of emigration and positively in terms of immigration.
The main factors driving migration are; Poverty Unemployment River erosion (i.e. loss of land) Natural calamity Hope of a better livelihood.
It is seemed here, the trend of immigration is Less than emigration. Though non-farm opportunity is available here but some inhabitats are migrated out of the area due to
Page-11 Field Appraisal (3D Seismic Survey) difficulties in getting job, expecting more salary/wage and due to lack of business opportunity.
2.5.7 Social Issues
2.5.7.1 Leadership pattern and Faction
The leadership pattern of the project is as usual as other urban part of Bangladesh. It is reported here Chairman and Commissioner of Pourashavas and union council, political leaders, village matbars, eldest and education personnel are the leading characters of the area. In most cases politics is the most cause of factionalism, which is mitigated through negotiation by Chairman, commissioner, local elites and in court.
2.5.7.2 Social Problems
The existing social problem of the area are the lack of health service facilities (18.7%), lack of educational facilities (15.7%), unemployment (14.4%), lack of good communication (8.6%), are stated as major problem.
2.5.7.3 Historical/Archeological Relics
Sylhet and comilla is a more glorious periods of Bengal's Pala dynasty. In Sylhet there are many historical/archeological relics exist in the area specially Hazrat Shah Jalal and Shah Paran Mazar.
2.5.8 Gender Situation
Most of the female members of better off families are engaged in household activities. Sixteen per cent women of the total households engaged in income generating activities. They are also members of NGOs and co-operative societies. They take loan from these organizations to start IGA. Female members of above households are working for kantha sewing, poultry rearing and vegetable gardening. Average household income is Tk. of 400 from these IGAs. Table 2.6 Composition and quantity of Items in Food Bundle to Produce 2112 Kcal and 60 gm. of 2.5.9 Estimation of Poverty Line Protein Per Capita Per day.
Food Item Consumption Per For estimation of the Poverty Line (PL) Capita/Day (gram) based on the calorie intake of food energy Rice 397 intake, it is necessary to estimate the food Wheat 40 bundle which will provide 2112 kcal of Pulses 40 Fish 48 energy required to keep the physical Meat 12 condition of a person in a state of working Vegetables 150 level. It has been suggested by Mujeri1 Fruits 20 that the bundle composed of the food Potato 27 items presented in the Table 2.6 with Sugar 20 Edible Oil 20 quantity shown against each would Milk 58 Total 832 1 Mujeri, M. K.: Methods of Measuring Poverty in Poverty and Development, edited by Rushidun Islam Rahman, BIDS
Page-12 Field Appraisal (3D Seismic Survey) provide 2112 Kcal and about 60 gm. of protein.
For estimating the calorie intake, the items and their quality were chosen considering the types of beneficiaries included in the sample.
Rice : Coarse Pulses : Masur, Khesari, Matar and Mashkalai Wheat : Atta Fish : Trash Fish e.g., Puti, Taki, Mola Meat : Beaf Vegetables : Patal, Kumra, (Mitha & Chal), Data Fruits : Banana Potato : Nainatal Sugar : Coarse (Gur) Edible Oil : Soyabean Milk : Cow milk
2.5.10 Poverty Situation of the Sample Population.
After having determined the Poverty Line (as measured by household income), the relative poverty situations of the sample population measured by their household incomes are seen to be 46.1 percent below the poverty line.
2.5.11 Focus Group Discussion (FGD)
The proposed gas distribution network pipeline project will not affect any household residing in the city and hence no discussion was done in the focus group on resettlement issue. The following section presents the socio-economic situation of the people.
2.5.12.1. Knowledge about 3-D Seismic survey
The local people had no knowledge about 3-D seismic survey of the existing gas field with a extended areas as well as temporary land acquisition for survey prior to visit of SES survey team. But a few people had knowledge about Seismic survey.
2.5.12.2. Cropping Pattern
The agricultural land in the project affected area is fertile. People in Brahmanbaria, bakhrabad and srikail crops all round the year while in Muradnagar grow double crop in medium-low land and single crop in low land. The APs in the affected areas grow different types of vegetables, paddy, etc. Thus the APs are mainly dependent on agriculture. The agricultural land of its adjoining area is fertile. People are growing crops all round the year.
2.5.12.3. Economic Institutions
According to the APs of Brahmanbaria and Bakhrabad, they reside in and around the area. The people in the affected areas have little access (in terms of employment opportunity) to these industries, as the management of the industries does not prefer local people as worker. Those who have access to the industries are women usually.
Non Government Organization (NGOs) like BRAC, Proshika, ASA, and other NGO,s are working for development of economic situation of poor households. Rajshahi Krishi Unnayan Bank, Grameen Bank, and co-operative society also work for the development of the locality. They provide loan housing, petty business, and other income generating
Page-13 Field Appraisal (3D Seismic Survey) activities. Both men and women, especially women in poor and slum area, are members of organization of the NGOs. It needs mentioning here that women in the better-off household perform household chores including post-harvest activities in their homestead.
However, there is agricultural labour crisis in peak cropping seasons in the area. The agricultural labourers from outside the affected areas avail the opportunity to work there.
2.5.12.5 Vulnerable Group
Based on survey there are no indigenous people and ethnic minorities in the coverage area of seismic survey who will be affected.
2.5.12.6 Land Acquisition and Compensation Payment
Since there is need for government and private land acquisition for the implementation of the project hence proper compensation payment will be paid to the respective APs of owner of the crops damage according to the ADB guidelines. The local people of the project area appreciate the attempt for seismic survey for further confirmation of actual gas reserve in Bangladesh.
2.5.12.7 Impact of Land Requisition
Based on survey the likely impact of land requisition is given below: i) As per standard practice, the operator will revert back the top soil condition of the route (2mX2m) to its original position of the spot holes. Explosives will be put at a depth of 21m or more. Consequently soil fertility will not be affected by the holes since the soil nutrient remains within 6 inches (0 to 15 cm) depth of the ground. However, this can be noted that the sensor lines will not affect the top soil at all. ii) The house owners will not permanently lose any land they own, their dwelling houses, etc due to the seismic survey and even there is no need for readjustment of alignment in private land also.
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CHAPTER 3
RESETTLEMENT POLICY AND LEGAL FRAMEWORK
3.1 Review of Relevant Legislation
3.1.1. Acquisition and Requisition of Immovable Property Ordinance II, 1982
Implementation of development projects involves acquisition and/or requisition of large tracts of land necessitating displacement of people as well as removal of crops and trees. This causes great hardship to the affected people economically, socially and environmentally. In most cases, the affected people are not the direct beneficiaries of the development projects. The acquisition and/or requisition of property laws has been considered to be harsh. In recent years this has attracted attention of planners and sociologists both within and outside the country. The result of this attention is that resettlement or income rehabilitation, provisions are being associated with all land requisition measures of this Project.
The first Land Acquisition Law was enacted in 1894 and was amended and expanded a number of times until the partition of British India in 1947. “the Acquisition and Requisition of Immovable Properties Ordinance” enacted in 1982 (with a few amendments) is the final version of the relevant legal framework for acquisition of land in Bangladesh.
Requisition of immovable property is made in Bangladesh under the Acquisition and Requisition of Immovable Property Ordinance 1982. This Ordinance replaced the Land Acquisition Act, 1894 and the East Bengal (Emergency) Requisition of Property Act of 1948. This Ordinance is (with a few exceptions, which will be discussed later,) governing all cases of acquisition and requisition by the government of immovable property for any public purpose or in the public interest. It may be noted that contrary to the previous Act i.e. Act XIII of 1948 this Ordinance deals only with immovable property (Land Acquisition/Requisition Act I of 1894 also dealt with only immovable property i.e. land).
Notwithstanding the repeal of the 1894 and 1948 Land Acquisition Acts all proceedings and matters relating to the acquisition and requisition of property under these Acts (including applications and appeals pending before any Arbitrator or Court) continue to be heard or disposed of as if these Acts were still in force.
Below follows a review of the most important features of the 1982 Ordinance. Wherever necessary, references are also made to relevant administrative regulations and instructions. In accordance with the Ordinance, the legal process is initiated by an application from the requiring Body, which can be any governmental or non- governmental agency.
The Ordinance covers the case of temporary requisition (in part III) of property for a public purpose or in the public interest. With prior approval of the government the DC can decide on the requisition of any property for a period of two years. No prior approval will however be required in case of emergency requisition (Sec-18). But with prior approval of the GOB requisition period may extend more than two years.
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The DC may take possession of the requisition after, serving the requisition order. The amount of compensation will be equal to the estimated rent which would have been payable for the use and occupation of the property if it had been taken on lease for that period plus compensation for estimated expenses for vacating and re-occupying the property (Sec-20). If a person is not satisfied with the amount of compensation, or there is a dispute over ownership, the DC may deposit the money in the Public Account (Sec- 21).
A person who does not accept the award made by the DC may submit an application to the Arbitrator for revision of the award within 45 days from the date of notice of the award (Sec 28). The Arbitrator is a Government appointed Judicial Officer, not below the rank of Subordinate Judge (Sec. 27). A decision determined by the Arbitrator is higher than that decided by the DC. An additional compensation for delay at the rate of 10 percent per annual may be paid (Sec 32). As per amendment of 1994 the Arbitrator can not defer the compensation amount more than 10 times of the DC's Awards (Sec-31).
An appeal against the decision by the Arbitrator can be made to an Arbitration Appellate Tribunal, which consists of a member appointed by the government from among persons who are or have been District Judges. A decision of the said Tribunal shall be final (Sec- 34).
3.1.2 Land Acquisition/Requisition Procedures
Land acquisition/requisition requires interaction between, on the one hand, the Requiring Body (RB), which normally is a national infrastructure development government agency, such as the Water Development Board (BWDB), Bangladesh Power Development Board (BPDB), etc. in the present case the BAPEX. And, on the other hand, the Acquiring Body (AB) which normally is the Ministry of Land which delegates some of its authority to the Deputy Commissioner at the District level or the Commissioner at the divisional level.
The division of responsibility between the Requiring Body and the Acquiring Body is in broad terms that the Requiring Body provides the technical input and the Acquiring Body the legal input in the land acquisition/requisition process. It is the Requiring Body which must ensure that the project, which is the basis for the acquisition/requisition of land, is approved by the authorities and that funds are available. The Requiring Body must also justify the need for land and other property on the basis of field surveys including detailed engineering design and prepare all necessary documents required for decision making. At this stage the Acquiring Body processes the land acquisition/requisition cases including determination of the level of compensation and payment to the concerned people. When land acquisition/requisition is completed, the land is handed over to the requiring Body.
The legal aspects of the land acquisition/requisition process starts with the RB submitting an application to the Deputy Commissioner with a request to borrow land for a specific purpose. The procedures for dealing with land requisition matters are established in a Government Memo dated October 1985. In respect of proposals in the water resources sector, the Water Development Board issues additional guidelines. The proposal must contain the following items:
• A Pro-forma indicating the amount of land required, a time-table for the requisition of land and the purpose for which the land is to be borrowed;
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• A Layout Plan, which shows the location of the project on a map; • A Site Plan, showing the alignment in red ink on a Mouza map; • A Land Schedule showing classification of land and ownership of plots to be borrowed; • Certificate of Minimum Requirement, issued by the Requiring Body stating that the quantity of land proposed for requisition is the absolute minimum for a proper implementation of the project; and • Administrative Approval, comprising a copy of approved Project Pro-forma.
After receiving the proposal, the DC will arrange for field verification, jointly with the staff of the Requiring Body. This includes a classification of the land to be borrowed and an identification of trees and standing crops of value, which are involved.
The Requiring Body's application is then submitted to the District Land Allocation Committee (DLAC) or the Divisional Land Allocation Committee (depending on the amount of land required) for the allocation of land. The latter may in turn refer the proposal to the Central Land Acquisition Committee (CLAC) for a decision. After clearance by the relevant land Allocation Committee the DC issues the preliminary notice and, if required, hears objections against the proposed requisition. If there are no objections, the DC may give the formal approval for land requisition under the condition that the area to be borrowed covers less than ten standard bighas. However, if there are objections and/or the requisition is above ten standard bighas of land, the DC submits the application to the Commissioner or the Ministry of Land for the final approval. The DC's submission shall be accompanied by the DLAC's clearance, the DC's report on the objection petitions and information on the number of households likely to be affected. In respect of projects executed by the Upazila Parishad. The government has authorized the Divisional Commissioner to make the final decision even if the land to be borrowed is above 10 bighas.
After the final approval by the Government I Commissioner/Deputy Commissioner (as the case may be), the case is referred back to the DC for the assessment of compensation and the identification of the owner of the plots to be borrowed. With the final approval to borrow land, the requiring body must place required funds for payment of compensation with the DC. If the Requiring Body fails to do that within sixty days from the date of receipt of the estimate for DC, for no fault of the person interested all proceedings shall stand abated and a declaration to that effect by the DC will be published in the official Gazette (Sec. -12).
Compensation is paid by the DC's office There are no specific rules on where or in which form compensation should be paid. Normally smaller amounts appear to be paid in cash whereas larger amounts are paid by cheques to persons who are identified by the Chairman or members of the Union Parishad or by gazetted officers. In case the rightful owner of the plot of land cannot be identified or there is conflict over ownership or the distribution of compensation funds are deposited in the Public Account of the Republic.
In case the person does not accept the award of compensation the person can go for Arbitration according to the provisions of the land Acquisition Ordinance of 1982 or the Emergency Land Acquisition Act of 1989.
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After payment of compensation the temporary possession of the land is formally transferred to the Requiring Body.
3.1.3 Objection against Requisition
An aggrieved party has the right to raise objection to the decision of the Deputy Commissioner to borrow his property. To exercise this right the party in question will have to refer his objection in writing within 15 days after the publication of the acquisition/requisition notice. The Deputy Commissioner will then give the objector the opportunity of being heard either in person or by an agent. After hearing the objection and making further inquiry, if necessary, the Deputy Commissioner will prepare a report in this connection within a period of the month.
In case the land/property to be borrowed exceeds 50 standard bighas, the Deputy Commissioner will submit the record of the proceedings along with his report to the Government (in the Ministry of Land I Property Minister) for a decision. When it is not so, the recorded proceedings and the report will go to the Divisional Commissioner for a decision. The decision in either case will be final.
Once decision has been made for borrowing any property the Deputy Commissioner will serve notice in the prescribed manner to the effect that the property in question is to be borrowed and that possession of the same will be taken and that claims to compensation by the concerned parties can be made to him (DC). Such notice and will give detailed particulars of the property in question and ask the concerned parties to appear before the Deputy Commissioner in person, not before 15 days after publication of the notice, to claim compensation according to rules. Such notice will also be served upon the occupier and all other sharers if any of the property in question.
3.1.4 Compensation for Requisitioned Property
The Deputy Commissioner (DC), after examining the claims of compensation, will make an award of compensation for the property. He will also divide the compensation among all other sharers, if there is any.
Award of Compensation by DC.
(1) Where any property is requisitioned, there shall be paid compensation, the amount of which shall be determined in the manner and in accordance with the principles set out in the section 20.
(2) The DC shall, after giving the persons interested an opportunity of being heard in respect of their respective interests in the property and the amount and particulars of their claims to compensation for such interests and having regard to the provisions of sub-section (5), make an award of: (a) the compensation in the manner as may be prescribed; and (b) the apportionment of the said compensation among all the persons known or believed to be interested in the property, of whom, or of whose claims, he has information.
(3) The award made by the DC shall, except as hereinafter provided, be final.
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(4) The DC shall give immediate notice of his award to the persons interested.
(5) The amount of compensation payable for requisition of any property shall consist of:
(a) a recurring payment, in respect of the period of requisition, of sum equal to the rent which would have been payable for the use and occupation of the property if it had been taken on lease for that period, and
(b) such sum, if any, as any be found necessary to compensate the persons interested for all or any of the following matters, namely:
(i) expenses on account of vacating the requisitioned property; (ii) expenses on account of re-occupying the property upon release from requisition; and (iii) damages, other than normal wear and tear, caused to the property during the period of requisition, including the expenses that may have to be incurred for restoring the property to the condition in which it was at the time of requisition.
(6) Where any property is kept under requisition for more than two years, the DC shall revise his award regarding the amount payable as compensation under sub-section (5) (a).
3.1.5 Matters to be Considered in Determining Compensation
In determining the amount of compensation, the Deputy Commissioner will take into consideration the following factors:
• Cost of standing crops or trees on the land/property at the time of taking its possession by the Deputy Commissioner. • Dislocation from his other properties, if any. • Injuries/adverse effect on his other properties or his income. • Reasonable income of the property in between the service of notice and possession of the property taken by the Deputy Commissioner. • Cost of damage of land due to digging hole for firing of explosives will be taken by Deputy Commissioner.
3.1.6 Problems of Valuation and Compensation
The practice of not registering inherited land and property in the name of the present owner; in combination with an outdated and disorganized land record system means that the identification of the recipients of compensation becomes very time consuming. The imperfect land record system also provides scope for manipulations.
In many reported cases, payment is not made in full, even if there is an agreement between the parties. A field survey reported that nearly 90 percent of the concerned households incurred extra legal expenses. In the assessment of land acquisition for the construction of Jamuna Multipurpose Bridge, it was reported that the recipients had to pay the officials around ten percent of the awarded compensation as a service charge.
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Non-payment or delayed payment of compensation is, however, not only due to a slow functioning of the district administration. The policy of disbursing government funds for land acquisition in three or four installments, spread out over the year, means that the district administration may not have sufficient funds available when payment is due.
The property owners incur high transaction expenses for travelling to and from the district office to claim the rights and to receive compensation. Objections against acquisition are often heard and payment of compensation is normally done in the district town. But in the present project payment for crop compensation may be paid in local Poursahava and Union Parishad office through Chairman or Commissioner of the Pourashava or Union Parishad. This means that the recipients not only face high costs for travelling to the district town, but also lose income.
3.1.7 Time Frame
(a) Payment of compensation must be made before the authority takes possession of the property (Ordinance of 1982).
(b) Compensation must be paid or deposited within a period of one year from the date of decision of requisition. All proceedings shall stand abated on the expiry of that period (Ordinance 1982).
(c) Persons with interest or right over the property to be acquired have 10 days in the 1989 Act and 15 days in the 1982 Ordinance to submit claims for compensation.
The 1989 Act emphasizes quicker compensation by introducing the concept of provisional compensation" which is to be determined within 10 days of the order of requisition Land can be borrowed on payment of provisional compensation. However, the final compensation is to be determined within three months from the date of requisition.
The administrative set up for land administration has two tiers under the Ministry of Land Administration and Land. At the divisional level there is an Additional Commissioner dealing with land administration under the Commissioner. At the district level there is an Additional Deputy Commissioner in charge of land administration. Under him there is at least one land Acquisition Officer and several Assistant Land Acquisition Officers. The number of officers depends on the size of the district. Non-gazetted officers include Kanungos (normally two per district but more in larger districts), surveyors, etc.
3.2 ADB's Policy on Involuntary Resettlement
The basic guiding principle of ADB's Policy on Involuntary Resettlement (approved in November 1995) is that the affected people should be compensated and assisted so that their economic and social future will generally be at least as favorable with the project as without it. ADB’s Policy also stipulates that the absence of formal legal title to land by some affected groups should not be a bar to compensation.
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A. Rationale
Until recently, development-induced displacement of population was considered a sacrifice some people have to make for the larger good. Resettlement programs in general were limited to statutory monetary compensation for land acquired for the project, and occasionally development of a resettlement site.
However, perceptions are changing because of delays in project implementation and benefits foregone; growing awareness about the potential adverse economic, social, and environmental consequences of population displacement; and increasing concern about people's welfare. Resettlement is viewed increasingly as a development issue. Policy makers, planners, and development practitioners have come to accept that inadequate attention to resettlement does not pay in the long run; and costs of implementation problems caused by lack of good involuntary resettlement can far exceed the costs of proper resettlement. Furthermore, impoverished people are a drain on the national economy; thus, avoiding or minimizing displacement as well as proper rehabilitation of those displaced makes good economic sense as well as being fair to those adversely affected.
The Bank and its DMCs should see these changes in perceptions as an opportunity rather than an impediment. With the recent renewed emphasis on project quality and impact, the focus on affected persons and their welfare should (i) improve the way development projects are conceived, planned, and implemented; and (ii) make development not only economically but also socially and environmentally beneficial. This approach is in tune with the twin objectives of poverty reduction and sustainable economic growth.
The Bank's Guidelines for Social Analysis of Development Projects, issued in June 1991 incorporated the essential features of OD 4.30 in an appendix.' More recently, the President issued instructions to staff to adhere to the principles and approaches in OD 4.30 to deal with involuntary resettlement in Bank operations, pending formal adoption of a Bank policy on the subject.
Formal adoption and implementation of a policy on involuntary resettlement is necessary to promote consistent improvements in Bank assistance to DMCs in this sensitive area. A policy on involuntary resettlement is necessary to (i) spell out the objectives and approaches, (ii) set the standards in Bank operations, (iii) provide staff with a clear perspective on the issues, (iv) assist borrowers in addressing the issues, and (v) adopt formal procedures to address systematically these aspects in Bank operations.
B. Bank Policy
The objectives of the Bank's policy on involuntary resettlement should be to (i) avoid involuntary resettlement wherever feasible; and (ii) minimize resettlement where population displacement is unavoidable, and ensure that displaced people receive assistance, preferably under the project, so that they would be at least as well-off as they would have been in the absence of the project, as contemplated in the following paragraphs.
Involuntary resettlement should be an important consideration in project identification. The three important elements of involuntary resettlement are (i) compensation for lost
Page-21 Field Appraisal (3D Seismic Survey) assets and loss of livelihood and income, (ii) assistance for relocation including provision of relocation sites with appropriate facilities and services, and (iii) assistance for rehabilitation to achieve at least the same level of well-being with the project as without it. Some or all of these elements may be present in projects involving involuntary resettlement. For any project that requires relocating people, resettlement should be an integral part of project design and should be dealt with from the earliest stages of the project cycle, taking into account the following basic principles:
(i) Involuntary resettlement should be avoided where feasible. (ii) Where population displacement is unavoidable, it should be minimized by exploring all viable project options.
(iii) If individuals or a community must lose their land, means of livelihood, social support systems, or way of life in order that a project might proceed, they should be compensated and assisted so that their economic and social future will generally be at least as favorable with the project as without it. Appropriate land, housing, infrastructure, and other compensation, comparable to the without project situation, should be provided to the adversely affected population, including indigenous groups, ethnic minorities, and pastoralists who may have usufruct or customary rights to the land or other resources taken for the project.
(iv) Any involuntary resettlement should, as far as possible, be conceived and executed as a part of a development project or program and resettlement plans should be prepared with appropriate timebound actions and budgets. Resettlers should be provided sufficient resources and opportunities to reestablish their homes and livelihoods as soon as possible.
(v) The affected people should be fully informed and closely consulted on resettlement and compensation options. Where adversely affected people are particularly vulnerable, resettlement and compensation decisions should be preceded by a social preparation phase to build up the capacity of the vulnerable people to deal with the issues.
(vi) Appropriate patterns of social organization should be promoted, and existing social and cultural institutions of resettlers and their hosts should be supported and used to the greatest extent possible. Resettlers should be integrated economically and socially into host communities so that adverse impacts on host communities are minimized. One of the effective ways of achieving this integration may be by extending development benefits to host communities.
(vii) The absence of formal legal title to land by some affected groups should not be a bar to compensation. Affected persons entitled to compensation and rehabilitation should be identified and recorded as early as possible, preferably at the project identification stage, in order to prevent an influx of illegal encroachers, squatters, and other nonresidents who wish to take advantage of such benefits. Particular attention should be paid to the needs of the poorest affected persons including those without legal title to assets, female-headed households and other vulnerable groups, such as indigenous peoples, and appropriate assistance provided to help them improve their status.
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(viii) The full costs of resettlement and compensation, including the costs of social preparation and livelihood programs as well as the incremental benefits over the "without project" situation, should be included in the presentation of Project costs and benefits.
(ix) To better assure timely availability of required resources and to ensure compliance with involuntary resettlement procedures during implementation, eligible costs of resettlement and compensation may be considered for inclusion in Bank loan financing for the project, if requested.
The Bank's support for projects requiring significant involuntary resettlement should include assistance to the government and other project sponsors to (i) adopt and implement the above objectives and principles of the Bank's policy on involuntary resettlement within their own legal, policy, administrative and institutional frameworks; (ii) build the capacity of the government and other project sponsors to effectively plan and implement involuntary resettlement in the projects; and (iii) strengthen the DMC's capacities and macro frameworks for involuntary resettlement. Where serious differences on major aspects between project sponsors and affected persons are evident, adequate time should be allowed for the government and other project sponsors to resolve these differences before the Bank commits support for the project. If requested by the government, the Bank should be prepared to assist as appropriate. The government and project sponsors are responsible for resolving the differences.
For projects or programs involving displacement of people and for projects that are likely to encounter significant social resistance, the social preparation of the adversely affected persons and their communities into which they will be resettled would be an important means to obtain their cooperation for the project to proceed. For all public and private sector projects that involve significant involuntary resettlement, the government and other project sponsors should be assisted in preparing and submitting to the Bank, before loan appraisal, a satisfactory resettlement plan with time-bound actions and budgets.
Comparison of ADB Policy on Involuntary Resettlement and National Policies
TABLE 3.1 : Comparison of ADB Resettlement Policy with National Policies
ADB Policy Current National Policy and Reference to Document or Precedence Involuntary resettlement should be avoided where feasible The same Where population displacement is unavoidable, it should be Yes, alternative placement or alignment minimized by exploring all viable project options preferred People unavoidably displaced should be compensated and That is the National Policy in Bangladesh. assisted, so that their economic and social future would be This has been strictly planned and being generally as favorable as it would have been in the absence of implemented in JMBP and JBRLP projects. the project People affected should be informed fully and consulted on That is the view in Bangladesh resettlement and compensation options The absence of a formal legal title to land by some affected It was not so before, but now this is kept in groups should not be a bar to compensation. In particular view compensation should be paid to households headed by women and other vulnerable groups, such as indigenous peoples and ethnic minorities, and appropriate assistance provided to help them improve their status As far possible, involuntary resettlement should be conceived It was not before, but now it is kept in view and executed as a part of the project
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ADB Policy Current National Policy and Reference to Document or Precedence The full costs or resettlement and compensation should be That is the feeling now in Bangladesh included in the presentation of project costs and benefits Costs of resettlement and compensation may be considered for Yes, it is felt that it should be done. inclusion in Bank loan financing for the project
3.3 The Project Resettlement Policy
With the promulgation of the Acquisition and Requisition of Immovable Property Ordinance of 1982, Government has issued legislation regarding compensation. However, wherever gaps exist, provisions and principles adopted in the RP for the Project supersede the provisions of relevant legislation currently in force in Bangladesh.
The Field Appraisal (3-D seismic survey project is unique in its nature. It will require neither any permanent land acquisition nor temporary land requisition for months or years. Rather during the course of seismic operation, strip of 1 m width land along the sensor lines will be under possession for about a couple of weeks. And along the shot hole lines shot holes will be drilled after every 50 m to a depth of 21 m or more. Both the sensor and shot holes lines are 500 m apart.
Moreover to avoid/minimize damage to crops/properties, sensor lines and shot hole locations will be often changed during the course of operation. Thus for obvious reasons it will not be possible to requisition the particular land through DC’s office before the start of the survey.
The normal practice in the seismic survey is that rates of the crops grown in a particular area are collected from the circle officer’s (land) office. Compensation to the AP’s are then paid to through a committee consisting of members from the EA, Local Chairman/Member, AP representative and Consultant/NGO.
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CHAPTER 4
ASSESSMENT OF LOSS CATEGORIES AND ENTITLEMENT AND GENERAL RESETTLEMENT PRINCIPLES FOR THE PROJECT
4.1 General Resettlement Principles for the Project
The principal objective of the involuntary resettlement policy of the Project is to ensure that populations affected by the Project should be at least as well off, if not better off than they would have been without the Project. Affected populations should be able to maintain and preferably improve their standard of living and quality of life. Based on the ADB's Policy for Involuntary Resettlement, the following principles have been identified as being applicable for the activities under the Project. i) Involuntary resettlement will be minimized by identifying between possible alternative project designs, appropriate social, economic, operational, and engineering solutions that have the least impact on populations in the Project Area. ii) The populations affected by the project are defined as those who stand to lose as a consequence of the Project, all or part of physical and nonphysical assets, including homes, homesteads, productive lands, commercial properties, tenancy, income-earning opportunities, social and cultural activities and relationships, and other losses that may be identified during the process of resettlement planning. iii) Affected populations will receive fair (market-based replacement cost) compensation for all losses, including physical and nonphysical assets. Compensation will include not only immediate losses, but also opportunities foregone. Affected populations that stand to lose only part of their physical assets will not be left with a proportion that will be inadequate to sustain their current standard of living, such a minimum size being identified and agreed during the resettlement planning process. iv) All affected populations will be equally eligible for compensation and mitigating measures, irrespective of title, tenure status, social or economic standing or any such factors that may discriminate against achieving the objectives mentioned above. v) Seismic operation will not commence until the required lands have been fully requisition temporarily for two weeks, compensated and assisted in accordance with the established principles. vi) The detailed RP for implementation will be translated into the local language and placed in the project office for the reference of APs as well as any interested groups. The availability of the translated report will be advertised in local newspapers in local languages. vii) Appropriate reporting, monitoring and evaluation mechanisms will be identified and set in place as part of the resettlement management system. Evaluation of the land acquisition process and the final outcome will be conducted independent of the Executing Agency.
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The current legislation governing land acquisition for public purposes in Bangladesh is the Acquisition and Requisition of Immovable Property Ordinance (Ordinance II of 1982) and its subsequent amendments in 1993 and 1994. In accordance with the ordinance, the legal process is initiated by an application by the requiring agency or department to the deputy commissioner of the district. In determining the amount of compensation for the affected owners, the deputy commissioner takes into consideration a number of factors, e.g., present market rate to determine the replacement value of the land. As there is no national policy for resettlement of project-affected people in Bangladesh, ADB Policy on voluntary resettlement will guide the resettlement plan.
4.2 Minimizing Impact
During the 3-D Seismic survey work there will be no displacement or resettlement of people, since the sensor line alignment and drilling of spot holes will be done in such a way that, homestead, utilities services, business establishments will not be affected. In order to minimize the impact all the sensor lines and spot hole lines will be planned in vacant land or irrigated land. This will be achieved by careful routing of the seismic lines. BAPEX will consider various options to decide on the most economical and effective alternative that requires no resettlement. BAPEX will, more than once, physically examine the possibilities and consult with local communities for minimizing impact.
To minimize impact, the following guidelines for specification of alignment will be observed:
• The alignment will avoid, without exception, religious structures, and educational institutions • The sensor and shot hole lines will houses (permanent or temporary). In particular, special care will be taken to avoid any human settlement clusters and cropped land to the extent possible. • The proposed alignments will be submitted to (at least) the pourashava, upa zila parishad and union parishad for review and endorsement:
4.3 Summary of Loss Categories and Entitlements
Investigation carried out during project preparation indicates that the Project should only address impacts resulting from temporary land acquisition that require assistance and necessary compensation. The loss categories under the two broad types include:
• Loss of crops • Disturbance of the top soil due to the shot holes
A summary entitlement matrix for the Project is provided in Table 4.1. It shows summary of quantum of loss, number of affected households and persons, which will be affected by the different types of impacts. The entitlement categories and the support entitled under the Project are also shown in the matrix and described in more detail in the following sections.
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4.4 Assessment of Different Loss Categories
No land will be permanently acquired but crops compensation for an estimated 270 ha will be provided to the affected person for temporary possession of land.
4.4.1 Loss of Land
The Project has clearly identified the land parcels requiring temporary requisition of land for sensor and shot hole lines.
Agricultural Land: Compensation for loss of agricultural land will apply to affected private land. The entitlement unit for loss of private land compensation is the landowner. For public land, the concern Government offices will be entitled. The compensation will be determined by the deputy commissioner's office based on yearly average of recorded sales value plus 50% premium. The compensation amount shall not be less than the equivalent replacement value of the lost assets. Since no permanent land acquisition is involved in the 3-D survey, no compensation will be payable for any loss of land.
Fisheries Land: No fisheries land will be affected by the 3-D survey. Thus payment for compensation to fisheries will not necessary.
4.4.2 Loss of Trees and Crops
The alignment of the sensor and shot hole line for conducting the 3-D seismic survey over 5 gas fields to be selected in such a way so that they pass through the vacant and agricultural lands the survey do not cause any tress or homestead displacement except crops. The number of APs will be consider due to crops damage only.
4.4.3 Loss of Structures
The Project has minimized impacts by avoiding or planning to avoid all structures. In the event that there are structures, however, they will be compensated as a minimum with full replacement cost as per the Entitlement Matrix, Table 4.1. No building structure will be affected.
TABLE 4.1 : Entitlement Matrix for Compensation of Project Affected Persons
Type of Definition of Agency Entitlement Details Losses APs Responsible Loss of Cultivator Compensation according 1. Market value at harvest will a. CCL+50% standing (person who to CCL+50% premium. be determined by Deputy Premium-DC crops planted the b. Cash grant to cover the Commissioner’s (DC) office b. Cash grant crop)--legal difference between the or Agricultural Extension project. owner, CCL + 50% premium Office. leaseholder, and the actual market 2. Verify whether or not crops sharecropper value. are in existence at the time , tenant of handover (formal or informal) or untitled AP. Disruption Titled owner, Restoration to original 1. Prior to disruption verifyng Contractor of private tenant, status existing crops or structures to
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Type of Definition of Agency Entitlement Details Losses APs Responsible or common untitled user, be restored after project property community works
Unforeseen Person Assistance to mitigate The mitigation measures are Mitigation loss. affected impacts. proposed. Project Authority Assistance- adversely by will closely coordinate its Project. the project, activities, monitor, and other than the mitigate adverse impacts. above categories AP- affected persons, CCL – cash compensation according to the law (ARIPO)
4.4.4 Loss of Income and Livelihood
Preliminary investigation indicates that no businesses affected by temporary land requisition and hence there will be loss of income from trees.
4.5 Loss Due to Temporary Requisition of Land and Assets
Loss under this category includes damage of crops during the seismic survey period. Operator will be cautioned to take extreme care to avoid damaging public and private property. Where damages do occur to public or private property and other utilities services as a result of the survey works, the operator shall be required to pay compensation immediately to affected utilities services like water supply line, telephone line to the respective organization or government agencies. Damaged lands shall be restored immediately to their former conditions. Cash compensation will be paid as per entitlement policies.
Preliminary investigation indicates that there no businesses will be affected since the survey area in all the gas fields are outside city area. Moreover, the strip of sensor and shot hole lines will remain under possession of the operator for only about 15 days.
The sensor and shot hole line will run over an area 1250 sq. km. The sensor line strip having a width of 1 m comprising an area of about 250 ha will be temporarily requisite. The shot holes will be drilled 50 m apart to a depth of 21 m. The shot hole lines will also be 500 m apart and each shot hole will affect the crops of about 4 sq. m. The total area to be affected due to the shot holes will be about 20 ha. The damage to the standing crops, if there is any, will only be once during the drilling of spot holes and laying of sensor lines. Fair compensation will be paid to the affected person only for crops damages.
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CHAPTER 5
CONSULTATION AND GRIEVANCE REDRESS
5.1 Introduction
Both BAPEX and the ADB are of the opinion that it is necessary to consult with people affected. APs have a much better sense than an outsider of what will work for them. Their participation is likely to lead to a greater sense of ownership and more sustainable solutions.
5.2 Public Consultation Process
Temporary land acquisition activities shall be carried out in accordance with local laws and regulations. But it is recognized throughout the process that the concerns of the local people have to be addressed during implementation through active participation of local people. The objectives of the consultation process are:
• to involve the affected people due to crops loss • to avoid social litigation • to make people aware of the benefits and risks to ensure acceptability of the project • to identify stakeholders and to hold group meetings with the stakeholders.
The consultation will be done in phased manner. The preparation of the RP involved consultations with stakeholders, particularly APs. A socio-economic survey of APs has been undertaken. Because the activities are planned for November 2006, a new survey will be carried out during September and October of the same year, in order to assess the precise number of APs. Information campaigns will be held for APs to provide inputs to the RP. A resettlement information leaflet containing information on compensation and resettlement options will be made available in local language(s) and distributed to APs. The Project Management Office (PMO) through staff of its resettlement unit (RU) will conduct consultations in affected villages to explain the temporary requisition of land for about 15 days plan in coordination with village and religious leaders.
5.3 Identification of Key Stakeholders
BAPEX and the Consultant have already surveyed the potential stakeholders based on sensor line route alignment. A second assessment, for the final household identification, will be carried out 3 to 4 months prior the commencement of the seismic surveys. BAPEX normally follows the principle of minimum displacement or damage to crops. Furthermore, all measures will be taken to ensure no disturbance to the homestead, properties and other structures along the sensor lines. The principle of minimum displacement process will continue during the actual implementation. The sensor and shot hole line will often be revised and change during the course of operation to ensure minimum disturbance. Attempts would be taken in such a way that no people will be affected due to seismic survey of the gas field areas.
BAPEX is in charge of identifying the APs for all five gas fields. This list comprises the land owner of APs and the specific entitlement under the provision of Land Acquisition Act of Bangladesh as well as Asian Development Bank guideline. On identification, the
Page-29 Field Appraisal (3D Seismic Survey) stakeholders would be consulted at different location along the sensor and shot hole lines. Based on response of the APs, compensation would be paid, for which adequate budget provision exists.
5.4 Project Policy Endorsement
The process of public participation in the implementation of the RP will be assured through the consultation process. The RP will be facilitated by a consulting firm recruited for the purpose. However, consultation will be made through a public consultative committee (PCC). The PCC will be formed with the representation of relevant government agencies. The committee will address any grievance raised by the APs within the framework of the existing law of the country and the policies adopted by BAPEX and the guidelines of ADB.
5.4.1 Public Disclosure
APs have been provided information regarding specific entitlements. Disputes on entitlements can be forwarded to the resettlement unit (RU) for appropriate action. The summary RP will be disclosed on the ADB website, and information dissemination and consultation will continue throughout the project implementation period. Disclosure and compensation will be carried out one month before the appraisal and field development seismic activities.
BAPEX follows transparency in all aspects of the temporary land requisition plan. The RP will be sent to the Deputy Commissioner's Office as soon as it is approved by the ADB and the same shall be accessible to the affected persons.
5.4.2 Grievance Redress Monitoring Mechanism
Grievance redress committees (GRC) will be established for the subproject with representation from the BAPEX, APs (including vulnerable groups), local government and private consultant. Other than disputes relating to ownership rights under the court of law, the GRC will review grievances involving all resettlement benefits, relocation, and other assistance forwarded by the RU or APs. Grievances will be redressed within 2-4 weeks from the date of lodging the complaints.
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CHAPTER 6
IMPLEMENTATION SCHEDULE
6.1 Implementation Schedule
The itemized activities of the Resettlement Plan (RP) will be scheduled to meet the legal time frame and timely implementation of the Project work. Land requisition or borrowing is an essential part of project implementation. A project having sufficient lead time between fixing project alignment and actual start of implementation does not face any difficulty in requisitioning land.
There are a few pre-requisites be completed before going into the process of land requisition.
• Pre-requisites: • approval of project document like DPP/TAPP • approval of project plan • approval of land plan and land schedule • administrative approval of land requirement from the ministry, and • budget provision for land requisition.
When these pre-requisites are fulfilled a step-wise of land acquisition process is followed:
• Step-wise land requisition process • submission of land requisition proposal by the requiring body to the deputy commissioner • holding district land acquisition/requisition committee meeting and providing land allocation • serving notice under Section 3 to the affected persons • joint verification • serving notice under Section 6 to settle any dispute • estimation of jointly verified property for cost compensation and informing requiring body • acceptance of estimate of cost compensation placement of fund to the deputy commissioner by the requiring body • serving Notice 7 by the deputy commissioner to the affected land owners for disbursement of compensation • disbursement of compensation as per estimate to the affected persons. • giving possession of land to the requiring body.
This whole process takes about 24 months time for all the five gas fields. The steps of land acquisition process are given below: The joint verification will finalize: i) ownership of the plot; ii) area of the plot with classification, and iii) installations and vegetation on the plot a) housing with type, size, materials used etc. b) shops, business unit, rural industry etc. c) tube wells, latrines etc.
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d) standing crops with types and covered area, and e) standing trees with types and number and sizes.
After placement of fund compensation will be given to the project affected persons one month before the appraisal and the field development seismic activities.
6.2. Pre-requisites of a Successful Implementation of RP
A successful implementation of the RP has three main pre-requisites. First, there is a need of a clear understanding of the tasks involved, their sequencing in time and linkages with each other. Second, there has to do a well-conceived organization set up with well-learned and efficient staff to carry out various tasks. Third, there is a need for a carefully prepared work plan synchronizing resettlement/acquisition with civil works.
6.3. Temporal Parameters of the RP
There are three important dates that need to be kept in plan in developing the implementation schedule of the RP in order to achieve the objectives and synchronize it.
6.3.1 Implementation:
The implementation process formally starts when the RP is agreed upon between the GoB and the Asian Development Bank. The 3-D Seismic survey activities will be performed in three stages. In the 1st stage 3-D seismic will be done in Titas and Bakrabad gas field in the dry session 2005-06. In the 2nd stage 3-D seismic will be done in Sylhet and Kailastila gas field in the field session 2006-07 in the 3rd stage 3-D seismic will be done in Rashidpur gas field in the dry session 2007-08.
The implementation process under Bangladesh Petroleum Exploration and Production Company Limited (BAPEX) has been structured in terms of broad activities and a number of sub-activities to be carried out under them (Table-6.1).
6.3.2 Date of Vacating the Work Site
The nature of seismic survey is such that the land to be taken into possession will not be require to be clear off before hand. Shot hole locations will be finally selected only during the course of operation. Access to the shot hole area (4 sq. km) will remain restricted only from the day the hole is drilled and till the hole fired, which is about 15 days. Likewise access to the sensor line also will remain restricted from the day the sensor line is laid and compensation of operation in that particular area.
6.3.3 Date of Completion of the Acquisition and compensation Process
Seismic survey process is unique in its nature. The sensor and shot hole lines will be finally selected only during the course of operation. Thus the temporary acquisition od land for sensor and shot hole lines will be done during the course of operation. Consequently it will not be possible to pay the compensation or address the grievance before the start of operation. Obviously, temporary land acquisition, payment of compensation and grievance redress will be going on simultaneously during the survey periods.
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Table 6.1: Implementation Schedule
Implementation Schedule Activity 2005 2006 2007 J FMAMJJ ASONDJ FMAMJJ ASONDJ FMAMJJ ASOND Survey/Census Disclosure Contracting NGO Recruitment, training, and deployment of NGO Preparation of adjustment of HH file Information campaign Design and implementation of training programs Field Seismic Surveys Activities monitoring Impact evaluation and grievance
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CHAPTER 7
INSTITUTIONAL FRAMEWORK
The Implementing Agency (IA) for the field appraisal is the Bangladesh Petroleum Exploration and Production Company Limited (BAPEX). A Project Management Unit (PMU) is responsible for processing, coordinating, and supervising all subprojects. The PMU through its RU will have overall coordination, planning, implementation, management and monitoring, and financing responsibilities for the RP. The EA will ensure that key institutions including the local government are involved in RP implementation. Experienced private consultant will be hired for RP implementation with clearly defined tasks including training and community-based social development programs as appropriate.
In preparation, implementation and monitoring of land acquisition and resettlement activities, contribution of different institutions such as BAPEX, Deputy Commissioner/circle office (land) and Consultant/NGOs will be necessary. In effect, these institutions will be required to work jointly and in close cooperation with each other. In doing so, development of an effective institutional framework is a must. In this framework BAPEX will be executing agency, Deputy Commissioner and land acquisition officers will constitute legal body who, on behalf of the GoB will work on land acquisition and the Consultant/NGO, to be appointed by the executing agency, will work on carrying out field surveys and preparation of IEE, EIA and RP Reports.
Because of the unique nature of the seismic survey procedure, formal land acquisition or requisition process shall not apply in case. Necessary land shall only be taken under possession only during the course of operation. Consequently in preparation implementation and monitoring and monitoring of land acquisition and resettlement activities, contribution of different institutions such as BAPEX, Circle Office (land) and consultant/NGOs will be necessary. In fact, these institutions will be required to work jointly and in close cooperation with each other. In doing so development of an effective institutional framework is a must. In this framework BAPEX will be executing, CO (land) will provide that rates of the crops produced in that particular area, And the consultant/NGOs, to be appointed by the executing agency, will work on carrying out field survey sand preparation of IEE, EIA, and RP reports.
The details of task/responsibilities of each of these institutions are given below.
The task/responsibilities of the Project Manager of BAPEX will include the following:
(i) Project planning and making provision of RP budget (ii) Selection and appointment of a suitable Consultant/NGO for conducting socio- economic survey and resettlement survey and preparation of RP report. (iii) Review of RP report and making comments on the report (iv) Maintaining liaison with the different concerned Govt. Officials, donor agency and the consultants. (v) Selection and appointment of a suitable consultants/NGO as implementing agency of the resettlement plan (vi) Supervision of the tasks of the consultants/NGOs (vii) Contribute to the works of Public Consultative Committee (PCC) (viii) Motivation of APs
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The Task/responsibilities of the Circle Officer (land) will include the following: i) Provide rates of the crops produced in the particular area.
The task/responsibilities of the Consultant/NGOs will include the following: i) Conducting socio-economic and resettlement survey including preparation of Resettlement Plan (RP) ii) Replying comments on RP and incorporation of the same in the draft to finalize the report iii) To conduct information campaign in the affected areas to primarily inform the APs about the entitlement policies and identification of Entitled Persons (EPs) iv) Computerization's of database and EP files v) Provide assistance to EPs to relocate and resettle vi) Participation in Grievance Redress Committee (GRC) and Resettlement Advisory Committee (RAC) vii) Motivation of APs.
The BAPEX, in all its projects, consistently provides fair compensation to APs during regular operations. The BAPEX field staffs maintain cordial relations with the local people. The ADB policy also ensures fair compensation within the broad framework of its resettlement policy. The APs’ participation and acceptance of the RP will be an essential requirement.
It is important that a fair assessment of the losses of land, crops, structure and other immovable properties be made. The Project will consider the fair assessment of the losses as per Bangladesh laws and ADB guidelines and ensure quick payment to the APs in cash or land for land.
BAPEX will appoint a Consultant/ NGO with experience and having knowledge of, and contacts with APs to assist: • in determining the list of APs • monitoring the compensation payment • gathering and sharing information and avoiding potential problems
A public consultative committee (PCC) at Ward level would be formed to supervise the compensation payment to APs. The PCC would include representative of the upa zilla Nirbahi officer, Public representative, representatives of BAPEX and representatives of selected NGOs having a good reputation in the area. Formation of such a PCC will be functionally equivalent to Resettlement Coordination and Monitoring Committee enunciated in the ADB's Resettlement guidelines. Such committees are also vital for ensuring that project monitoring and implementation take place effectively and that monitoring can provide feed back into project implementation.
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CHAPTER 8
MONITORING & EVALUATION
8.1 Monitoring & Evaluation of Resettlement Operations
Implementation of the RP will be monitored regularly. A Computerized Management Information System (CMIS) will be established to provide: integrity of data records, better planning and decision making, improved resettlement services, problem detection on resettlement issues, and project expenses and implementation within limits and schedules. The CMIS will provide: household files for APs containing losses and entitlement, scheduled monitoring reports, progress reports, and financial reports. The PMO will establish a quarterly monitoring system involving staff of the IAs. The PMO will prepare progress reports on all aspects of land acquisition and resettlement activities. The report will contain progress made in RP implementation with particular attention to compliance with the principles and matrix set out in the plan. Independent monitoring agency/experts will be hired by the IA with ADB concurrence to carry our external monitoring of the resettlement operations. The monitoring consultant will be selected within three months of loan approval. Monitoring will be carried out every year during project implementation.
Monitoring and evaluation (M&E) are critical for ensuring effective implementation of the RP and achievement of the set targets. Resettlement monitoring is a continuous process of data collection, dialogue with the various stakeholders, analysis, and reporting and feedback to management and ADB to enable timely adjustment of implementation procedures and entitlements, if required.
The objectives of the monitoring program are:
• To ensure that the standard of living of APs is restored or improved, • To monitor whether the time lines are being met, • To assess rehabilitation measures and compensation are sufficient • To identify problems or potential problems, and • To identify methods of responding immediately to mitigate problems
Day-to-day monitoring of RP implementation and impacts shall be the responsibility of the Project Director and Head of the Social Development Unit (SDU). An NGO appointed by BAPEX will conduct field level monitoring and assess and report on the daily operation of land requisition (borrowing) and resettlement activities. The range of activities and issues that will be monitored will include:
• the process of information dissemination and consultation with APs • number of persons affected by category of loss, • valuation of assets at replacement value, • delivery of compensation at replacement cost for lost assets and rehabilitation measures according to entitlement, • grievances made and settled, • clearance of Project sites and coordination with civil works and • identification of problems and corrective measures implemented or required.
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The benchmark for Project level monitoring will come from the census and inventory of lost assets data and the baseline Socio-Economic Survey. The mechanisms to be used in the field level monitoring include:
• review of AP files and pre-project baseline data on APs • informal sample survey of 10 percent of APs • identification and selection of an appropriate set of indicators for gathering and analyzing information on resettlement impacts. • key informant interviews • in-depth case studies to investigate special issues, and • community/public meetings
The monitoring will commence with commencement of the Project implementation and shall continue throughout the implementation of the Project. The Executing Agency (EA) for the project is responsible for organizing and resource monitoring and evaluation efforts.
8.1.1 Internal Monitoring
The IA usually has full responsibility for internal monitoring. Monitoring takes place against the activities, entitlements, time frame. The internal monitoring is often based upon a card system kept in the monitoring office recording the entitlements due to and received by each affected household. The card system can be manual or computerized. Some countries provide each entitled household or person with a card recording their entitlements due and received for their own records.
8.1.2 External Monitoring and Evaluation
The IA normally appoints an independent agency for external M&E, to ensure complete and objective information. Post-evaluation of transfer of land is an integral part of the project cycle. Independent evaluation can be done by an outside research or consulting agency, university department or development NGO. The tasks of the external agency are to:
• verify results of internal monitoring; • assess whether resettlement objectives have been met; specifically, whether livelihoods and living standards have been restored or enhanced; • assess transfer of land efficiency, effectiveness, impact and sustainability, drawing lessons as a guide to future resettlement policy making and planning; and • ascertain whether the resettlement entitlements were appropriate to meeting the objectives, and whether the objectives were suited to AP conditions.
Post-transfer of land/Resettlement Evaluation: Six months after completion of all RP activities, the Project NGO shall carry out an evaluation of transfer of land to assess the effectiveness, impact and sustainability of entitlements, and to learn strategic lessons for future policy formulation and planning.
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8.2 Time Frame and Reporting Requirements
During the implementation phase, the Head of the SDU together with the Project NGO, will prepare monthly reports on the progress of resettlement activities and forward copies of the reports to the Donor. A format for transfer of land implementation monitoring has been devised for monthly monitoring and data collection by field officials (Figure No. 8.1). BAPEX will prepare a post-transfer of land evaluation report at the end of the Project activity.
TABLE 8.1 : Monthly Progress Report Format for Resettlement Monitoring
Component Unit Completed Cumulative Completed Progress Status & Total % Achievement During Remarks Reporting Month 1. Temporary Land Requisition for 3-D Seismic Survey
2. Payment of Compensation: for crops damage
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CHAPTER 9
RESETTLEMENT BUDGET AND FINANCING
9.1 Budget Provision for Payment of Compensation
A budget provision has been made to cover all crop compensation for the Project. The budget provision was made in the Project Proforma in the amount of Tk. 10.00 million for only crop compensation. The summary breakdown is presented in Table 9.1. A detailed breakdown of costs is presented in Table 9.2.
TABLE 9.1 Summary of Budget
Project Component Cost in Tk. (M) US$ a) Crop compensation 10.00 166,667.00 b) NGO 0.60 10,000.00 c) Training 0.60 10,000.00 d) Monitoring 0.50 8,333.00 Total: 11.70 195,000.00
TABLE 9.2 : Detailed Cost Estimation for Payment of Compensation to the Affected Organization and Persons
Compensation Items Quantity Unit Unit Price Total Price (hectare) (Tk.) (Million) I. Crop compensation a. Sylhet Gas field Ltd. 71.2 hectare 40,000.00 2.688 b. Kailastila Gas field 46 hectare 40,000.00 1.680 c. Rashidpur Gas field Ltd. 41.2 hectare 40,000.00 1.488 d. Titas Gas field 41.4 hectare 40,000.00 1.496 e. Bakrabad Gas field 69 hectare 40,000.00 2.600 Grand Total (a+b+c+d+e) 268.8 11.70 ≈270.0
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