Resettlement Plan
Project No. 47279-002 April 2019
PAK: Karachi Bus Rapid Transit Red Line Project
Prepared by Transport and Mass Transit Department, Government of Sindh, for the Asian Development Bank. This is an updated version of the draft originally posted in June 2018 available on http://www.adb.org/projects/17279-002/documents.
This 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. Your attention is directed to the “terms of use” section of this website.
In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.
KBRT Final Resettlement Plan
23 April 2019
Mott MacDonald 33, avenue de la République 75011 Paris France
T +33 (0)1 83 79 00 90 mottmac.com/France
KBRT Final Resettlement Plan
391444 01 A
Mott MacDonald
23 April 2019
Mott MacDonald France SAS 523 138 758 RCS Paris. 33, avenue de la République, 75011, Paris, France
Mott MacDonald | KBRT Final Resettlement Plan
Issue and Revision Record
Revision Date Originator Checker Approver Description A 23/04/20 A.Niesslein M. Rowan A. Coleman Final RP for submission to ADB 19 S. Rana
Document reference: 391444 | 01 | A
Information class: Standard
This document is issued for the party which commissioned it and for specific purposes connected with the above- captioned project only. It should not be relied upon by any other party or used for any other purpose.
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This R eport has been prepar ed sol el y for use by the party which commissi oned it (the 'Client') in connection with the capti on ed pr oject. It shoul d not be used for any other purpose. N o person other than the Client or any party who has expr essl y agreed terms of reli ance with us (the 'Recipi ent(s)') may r el y on the content, infor mation or any views expr essed in the R eport. T his R eport is confi denti al an d contains pr opri etary intell ectual pr operty and we accept no duty of car e, r esponsibility or li ability to any other recipi ent of t his R eport. N o repr esentati on, warranty or undertaking, express or i mplied, is made and no responsi bility or liability is accepted by us to any party other than the Client or any Reci pient(s), as to the accuracy or completeness of the i nfor mati on contai ned i n this R eport. F or the avoi dance of doubt thi s Report does not i n any way pur port to i nclude any legal, insurance or fi nanci al advice or opi nion.
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Contents
Acronyms 1
Glossary of Terms 2
Executive Summary 4 C. Socio-economic baseline 6 E. Resettlement Policy, Legal Framework and Entitlements 8 F. Livelihood Restoration 8
1 Project Description 11 1.1 Project Background 11 1.2 Objective of the Final Resettlement Plan 11 1.3 Changes in route design 11 1.4 KBRT project components and location 11 1.5 Civil works packages 14 1.6 Resettlement plan related procedures and conditionalities 16 1.7 Foreseen impacts of the project 16 1.7.1 Potential access restrictions along the route 16 1.8 Measures to minimise resettlement impacts 17 1.8.1 Ownership of the ROW 17 1.8.2 Bus depot land and access roads 17 1.8.3 Design modifications to minimise resettlement impacts 18 1.9 Conclusion 19
2 Scope of Land Acquisition and Resettlement 20 2.1 Social Impact Assessment Approach 20 2.2 Assessment of Social Impacts 20 2.3 Resettlement surveys and techniques adopted 20 2.4 Anti-encroachment campaign 21 2.5 Data Collection and Survey Techniques 22 2.6 Challenges Faced in Completion of Resettlement Plan 24 2.7 Description of Resettlement Impacts 24 2.8 DPs for the KBRT project 24 2.8.1 Static and mobile vendors in the ROW 24 2.8.2 Extended structures into the ROW 25 2.9 Extended structure and static and mobile vendor workers 26 2.10 Impacts on Private Land and Structures 26 2.11 Impacts on public, private, governmental and non-governmental organisations 26
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2.12 Final DP list 27 2.13 Temporary Relocation of Vendors during Construction Phase 27 2.14 Vulnerability of DP Vendors 29 2.15 Land for bus depots 30 2.16 Loss of vehicle parking areas within the ROW 30 2.17 Temporary loss of access to existing utility services 30 2.18 Temporary impacts on access along route 30
3 Socio-economic baseline 32 3.1 Socio-economic surveys 32 3.2 Data collection methods 32 3.3 Socio-economic survey results 32 3.4 Challenges faced 32 3.5 Socio-economic profile of DPs. 33 3.5.1 Identification of DPs 33 3.5.2 Female vendors 33 3.6 Static and mobile vending structures 33 3.7 Location and Types of Business: 34 3.8 Ownership of residential and business assets 34 3.8.1 Residential assets 34 3.8.2 Business assets 34 3.8.3 Land ownership 34 3.8.4 Types of structures 34 3.9 Workers 35 3.10 Demographic data 35 3.10.1 Education 35 3.10.2 Gender 35 3.11 Household 35 3.11.1 Household decision making 35 3.11.2 Housing condition 35 3.12 Sources of income and income levels 35 3.12.1 Primary and Secondary Occupations and Monthly Income 35 3.12.2 Average Monthly Household Income 36 3.13 Average household expenditure 36 3.13.1 Household goods 37 3.13.2 Credit 37 3.14 Valuation of business property and machinery assets 38 3.15 Availability of social amenities 38 3.16 Information sources 38 3.17 Female participation 38 3.18 Poverty and Vulnerability 39
4 Information Disclosure, Consultation and Participation 40 4.1 Introduction 40
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4.2 Objectives of stakeholder engagement on resettlement 40 4.3 Consultation with Stakeholders 40 4.4 Information Dissemination 41 4.5 DPs’ key project and resettlement concerns 42 4.6 Consultation with women 42 4.7 Outcome of consultations 42 4.8 Perceptions of the project 43 4.9 Options preferred by DPs 43 4.10 Displaced Persons Committee 43 4.11 Results of consultations with NGOs 43 4.11.1 General NGO consultations 43 4.11.2 Consultations with affected NGOs 44 4.12 Addressing stakeholders’ resettlement concerns 44 4.13 Information Disclosure 46 4.14 Consultation and participation during RP implementation 46
5 Resettlement Policy, Legal Framework and Entitlements 48 5.1 Policy Framework 48 5.2 Legal Framework 48 5.2.1 5.2.1 The Constitution of Pakistan 48 5.2.2 Land Acquisition Act 1894 48 5.2.3 Sindh Public Property bill (2010) 49 5.3 ADB Safeguard Policy Statement 2009 50 5.3.1 ADB Safeguard Policy Principles 50 5.4 Gaps between LAA of Pakistan 1894 and ADB’s SPS (2009) 51 5.5 Resettlement principles adopted for the KBRT project 52 5.6 Eligibility 53 5.7 Unit rates for resettlement support and allowances 53 5.8 Entitlement Matrix 54 5.9 Non-eligible vendors 57 5.10 Provision of parking spaces 57 5.11 Relocation of affected public utilities and charity structures 57 5.12 Mitigation of access restrictions 57
6 Livelihood Restoration 59 6.1 Introduction 59 6.2 General Principles of the Livelihood Restoration Program 59 6.3 Relocation of vending businesses 59 6.3.1 Alternative vending spaces outside the ROW 59 6.3.2 Alternative vending spaces within the project footprint 60 6.3.3 Budget for rent payments for alternative vending spaces 60 6.3.4 Budget for self-relocation 60 6.3.5 Mechanism for the Registration and Allocation of Formal Spaces 60 6.4 Priority for project employment 61
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6.4.1 Employment opportunities with contractors 61 6.4.2 Female employment 61 6.5 Employability Training 61 6.6 Financial Literacy Training 62 6.7 Vocational training for DPs 62 6.8 Educational stipends for workers under 15 62 6.9 Start-up capital for workers wishing to start a vending business 63 6.10 Preparation and implementation of detailed livelihood restoration plan 63 6.1 Institutional arrangements for livelihood restoration implementation 64
7 Grievance Redress Mechanism 65 7.1 Introduction 65 7.2 Nature of complaints 65 7.3 Awareness raising and contact information 65 7.4 Confidentiality and anonymity 66 7.5 Grievance reporting 66 7.6 Grievance Redress Committee 67 7.7 Grievance resolution 67
8 Institutional arrangements and RP implementation 71 8.1 Introduction 71 8.2 Institutional roles and responsibilities 71 8.3 Project implementation 72 8.4 Project execution 73 8.5 Project management 74 8.6 Introduction of RP implementation 75 8.7 RP disclosure and consultation 75 8.8 Training in RP Implementation 76 8.9 Process of RP Implementation 76 8.10 Procedures to be followed for payment disbursements 76 8.10.1 Verification of DPs 76 8.10.2 Payment of compensation 77 8.10.3 Evacuation of site 77 8.10.4 Absentee/non-responding DPs 77 8.11 RP implementation schedule 78 8.11.1 Preparation stage (pre-implementation) 78 8.11.2 RP implementation stage 78 8.11.3 Monitoring and evaluation stage 78
9 Resettlement Budget and Financing 85 9.1 Introduction 85 9.2 Resettlement costs 85
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10 Monitoring and evaluation 88 10.1 Overview 88 10.2 Internal monitoring 88 10.3 External monitoring 88 10.4 External evaluation 89 10.5 Database management 89 10.6 Reporting requirements 89
Appendices 90
A. Resettlement Brochure 91
B. Census Questionnaire 94
C. Socio-economic survey 108
D. Extended structure summary questionnaire 122
E. Static and mobile vendors summary questionnaire 124
F. DP socio-economic survey list 126
G. Displaced Persons Committees 128
H. Static and mobile vendor DP list and their workers 143
I. Public, commercial and charitable organisation structures 158
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Acronyms
Acronyms Description
ADB Asian Development Bank AD-GCM AD Gender & Community Mobilization BRT Bus Rapid Transit DPs Displaced Persons DPC Displaced Persons Committee EA Executing Agency EIA Environmental Impact Assessment EPA Environmental Protection Agency EPCM Engineering Design, Procurement and Construction Management Consultants FGD Focus Group Discussions GoS Government of Sindh GRC Grievance Redress Committee GRM Grievance Redress Mechanism IA Implementing Agency KMC Karachi Metropolitan Corporation LAA Land Acquisition Act of 1894 NGO Non-Governmental Organisation NICs National Identity Cards NTHs Non-Titled Holders OBDM Operations Design and Business Model Consultants PKR Pakistan Rupee PPIU Project Planning Implementation Unit (part of TransKarachi) PMCCB Project Management, Coordination and Capacity Building Consultants PMCSC Project Management and Construction Supervision Consultant PPTA Project Preparatory Technical Assistance ROW Right of Way RP Resettlement Plan SMTA Sindh Mass Transit Authority SPS 2009 ADB’s Safeguard Policy Statement 2009 TK TransKarachi Source: EPCM consultant
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Glossary of Terms
Term Meaning Compensation Payment in cash or in kind for an asset or resource acquired or affected by the Project. Cut-off date The date used to determine if persons without legal or recognizable rights on the affected land will be eligible for resettlement assistance. For the KBRT Project, the completion date of initial counting survey of displaced persons, completed on 14 March 2018, is considered the cut-off date and for the second DP survey conducted in February 2019, the cut-off date is considered 15 March 2019. Persons who occupy or build structures in the project alignment after the cut-off dates will not be eligible for compensation for their affected assets or income and will not be provided with compensation or rehabilitation assistance. When additional displaced persons are identified based on the final detailed design, a different cut-off date will apply. Disclosure Make information openly available for public review. This should be proactive and targeted to ensure that the right stakeholders have access to pertinent information. Displaced Persons or entities who are physically displaced (relocation, loss of residential land, or loss of shelter) and/or persons (DPs) economically displaced (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. For this project, DPs are those who will be displaced by the clearing of the existing right-of-way needed for the implementation of the Karachi BRT Project, and owners of structures that impinge on the ROW. Economic Loss of assets or access to assets that leads to loss of income sources or other means of livelihood (see displacement ‘livelihood’ below). Entitlements The sum total of compensation and other forms of assistance provided to displaced persons in the respective eligibility category.
Full replacement For structures, it is calculated based on the (i) market cost of the materials to build a replacement structure cost with an area and quality similar to or better than those of the affected structure, or to repair a partially affected structure, (ii) cost of transporting building materials to the construction site, (iii) cost of any labour and contractors' fees, and (iv) cost of any registration and transfer taxes. In determining the replacement cost, depreciation of the asset and the value of salvage materials are not taken into account, nor is the value of benefits to be derived from the project deducted from the valuation of an affected asset. Where domestic laws and regulations do not meet the standard of compensation at full replacement cost, compensation under domestic laws and regulations is supplemented by additional measures so as to meet the replacement cost standard. Grievance A process by which DPs and other stakeholders can raise their concerns and grievances to project authorities. Redress Mechanism Household A group of persons living together in a single social unit, who share the same cooking and eating facilities, and form a basic socio-economic and decision-making unit. One or more households may occupy a house. Implementing The agency that is responsible for planning, design and implementation of a development project, in this case Agency TransKarachi. Income To restore and/or improve the incomes of displaced persons through allowances and provision of alternative Restoration means of income generation. Assistance Land Acquisition The process whereby a person is compelled by a public agency to alienate all or part of the land she/he owns or possesses, to the ownership and possession of that agency, for public purposes in return for fair compensation. Livelihood Refers to the full range of means that individuals and families utilise to make a living, such as wage-based income, agriculture, fishing, foraging, other natural resource-based livelihoods, petty trade, and bartering. Meaningful A process that (i) begins early in the project preparation stage and is carried out on an ongoing basis throughout consultation the project cycle; (ii) provides timely disclosure of relevant and adequate information that is understandable and readily accessible to displaced persons; (iii) is undertaken in an atmosphere free of intimidation or coercion; (iv) is gender inclusive and responsive, and tailored to the needs of disadvantaged and vulnerable groups; and (v) enables the incorporation of all relevant views of displaced persons and other stakeholders into decision making, such as project design, mitigation measures, the sharing of development benefits and opportunities, and implementation issues. Relocation Means physical movement to an alternative location of the assets and infrastructure permanently lost due to the Project impact. It may include: houses; public service facilities; religious and other buildings.
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Term Meaning Relocation Support provided to people who are physically displaced by a project. Relocation assistance may include Assistance transportation, food, shelter, and social services that are provided to the displaced persons during their relocation. It may also include cash allowances that compensate displaced persons for the inconvenience associated with resettlement and defray the expenses of a transition to a new locale, such as moving expenses and lost work days. Resettlement Support provided to the people who are physically displaced by a project, to enable smooth resettlement Assistance transportation, including food, shelter, and social services. Assistance may also include cash allowances to compensate affected people for the inconvenience associated with resettlement at a new location. Stakeholders Include displaced persons, proponents, private businesses, NGOs, host communities, Environmental Protection Agencies and other relevant local departments. Vulnerable These are distinct groups of people who might suffer disproportionately or face the risk of being further groups marginalized due to the project and specifically include: (i) female-headed households with dependents, (ii) household heads with disabilities, (iii) households falling under the generally accepted indicator for poverty, (iv) children and elderly households who are landless and with no other means of support, (v) landless households, (vi) indigenous peoples or ethnic minorities.
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Executive Summary
A. Project Description 1. The Karachi Red Line Bus Rapid Transit Project (KBRT) is a transport system being designed to respond to the increasing need in Karachi for reliable and safe public transport. The KBRT is being undertaken by the Sindh Mass Transit Authority (SMTA) in collaboration with the Asian Development Bank (ADB). This document is the Final Resettlement Plan (RP) and its purpose is to manage the livelihood and resettlement impacts of the project. These impacts can be either in the form of physical displacement or economic displacement. This document has been prepared in line with the laws and legal framework of Pakistan and the requirements of the ADB, which is providing finance for the project.
2. The clearing of the right of way (ROW) and initiation of civil works will be conditional to the following:
● Approval of the final implementation-ready RP by the ADB and its disclosure to the public on their website ● Endorsement and allocation of required funds for implementation by the SMTA
3. The commencement of civil works (currently foreseen for Q1 2020) in sections where resettlement impacts are foreseen is conditional on full payment of compensation, resettlement assistance and allowances having been paid and temporary or permanent alternative vending sites having been allocated to DPs.
B. Scope of land acquisition and resettlement 4. Efforts were made to minimise land acquisition and resettlement impacts by avoiding private land acquisition. Adjustments have been made to the detailed design to minimise adverse social and resettlement impacts. This included maintaining the KBRT corridor within the available width of government owned ROW. This approach eliminated the need to acquire or modify any private permanent structures. Two design alternatives were considered for the end point and three for the starting point to explore alternatives regarding integration with the Green Line BRT and future lines. The alternative end point considered during the PPTA stage would have resulted in private land being acquired but in the present detailed design this is no longer the case. Restricting the project to the existing ROW has helped eliminate the need for land acquisition but will cause some economic displacement.
5. The project will impact extended structures impinging on the ROW of a total of 223 commercial entities located at the edge of the ROW. The DP surveys identified 103 vendors (50 of whom were registered as part of the DP census in March 2018) as having semi-permanent structures and the remaining 50 as having mobile structures (the conversion from semi- permanent to mobile structures has largely been caused by the ongoing anti-encroachment campaign). The owners of these commercial entities will be able to continue running their businesses, as there is currently no access restrictions or disruptions foreseen as part of the construction phase; however, an allocation has been made in the resettlement budget for potential access restrictions for owners and employees of extended structures and penalties for causing access restrictions are included in the EPC contract documents. Due to the ever-changing situation on the ground caused by the anti-encroachment campaign and based on information received as part of the focus group discussions (FDGs) conducted, it has been decided that all
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DPs with extended structures will receive a lump-sum of PKR.25,000 for their structures. This was decided due to the fact that prior to the anti-encroachment DPs with mobile extended structures owned semi-permanent structures, which they have chosen or were forced to remove. Given the ever changing nature of the structures, it has been difficult to make individual assessments and therefore structures have been assessed based on their materials, efforts for dismantling and transportation (if required). This has provided an average value of PKR.25,000, which has been discussed with DPs during FDGs and was considered an adequate replacement value by them.
6. In addition to the 223 extended structure DP vendors, there are 77 public and private organisations, of which seven are charitable organisations, who will be impacted by the project. The public and private organisations include the local police, banks and petrol stations amongst others, which will need to remove or relocate their impinging structures from the ROW at their own cost. The charitable organisations impacted by the project will need to remove their structures that are used to provide services to people located in and around the ROW. They will receive a lump-sum of PKR. 100,000 for the removal, dismantling, transporting and re-installation costs required to continue their services in another locations. This replacement value has been discussed with the charitable organisations in a consultation held in April 2019 and was considered by all to be an adequate replacement value.
7. In addition to the above, the DP surveys have identified a total of 275 static and mobile vendors, 35 of whom possess semi-permanent structures (17 of whom were identified as part of the March 2018 DP census survey). These vendors engage in a variety of activities, including food selling, tyre repair and others. They will all need to relocate their structures, as they are located within the ROW. Alternative temporary and permanent vending spaces have been identified both outside the ROW and within the project footprint (refer to Table 10 and Table 11 for more details).
8. In terms of overall impacts, the project will:
● Not directly affect households or require relocation of portions of buildings used for residential purposes ● Displace static and mobile vendors and their employees from their locations of livelihood ● Require moving and demolition of semi-permanent structures impinging on the ROW
Table 1 outlines the number of DPs impacted by the project.
Table 1: DPs impacted by involuntary resettlement due to the KBRT project No Type of structure Total no of structures Brief description Extended structure vendors 1 103 Semi permanent structures 223 Owners of extended structures from commercial buildings 120 Mobile structures impinging in the ROW. Static and mobile vendors 2 35 Semi permanent structures 275 Owners of static and mobile vending structures that are 240 Mobile structures found in the ROW. Governmental and large corporate structures 3 66 Permanent and semi permanent structures 66 Structures owned by public and large private organisations Charitable organisations
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No Type of structure Total no of structures Brief description 4 10 Semi permanent structures 10 Structures that are impinging on the ROW or located in the ROW used by charitable organisations Employees 5 128 Workers (extended structures) 199 Employees of extended structures and static and mobile 71 Workers (static and mobile vendors) vendors Total 774 Source: DP census March 2018 and February 2019
9. Lastly, the project will impact on public utility infrastructure. This includes water supply pipes, drainage system equipment, telecommunication infrastructure, gas and electricity supply equipment. The EPCM has conducted surveys to determine the locations, present condition and life expectancy of the existing utilities and has prepared existing utilities drawings for design purposes. It is currently estimated that six utility services will need to be relocated. Compensation will be provided to the respective companies to undertake the relocation, this has been foreseen in the PC1 document for the project, which was approved in March 2018.
C. Socio-economic baseline 10. In total nine sets of surveys were conducted from January 2018 to February 2019, these are summarised in Table 2.
Table 2: Surveys conducted for Final RP No Date Type of Survey Number of Description Participants 1 February Rapid Sample Survey, Mobile 75 Rapid survey to assess the 2018 and Static vendors situation of mobile and static vendors and obtain basic information regarding their situation and livelihoods. The survey also included FDG discussions. 2 March DP census survey 120 Survey of 120 semi-permanent 2018 and permanent vending structures found in the ROW. 3 May 2018 Static and mobile vendor 364 Estimate counting of mobile and counting survey static vendors found in the ROW 4 May 2018 Socio-economic survey 32 Socio-economic survey conducted with 32 DPs identified as part of the semi- permanent and permanent vending structures survey conducted. 5 December Government and semi- 77 Inventory list of all government 2018 Government Structures and semi-governmental inventory list structures, of which seven are charitable organisations. 6 December Socio-economic survey 82 Socio-economic survey 2018 conducted with 82 DPs 7 February Extended Structures 173 Survey of 173 DPs who possess 2019 extended structures that extend from commercial building or entities at the edge of the ROW. 8 February Static and mobile vendors 258 Survey of 258 static and mobile 2019 vendors located within the ROW.
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No Date Type of Survey Number of Description Participants 9 April 2019 Charitable organisation FDG 7 FDG with members of different charitable organisations Source: Surveys conducted by the EPCM consultant
11. A preliminary socio-economic survey had been undertaken in April 2018; however, due to the lack of data or incorrect information provided by DPs (e.g. exaggerations of figures related to income, structure values etc.), the questionnaire was repeated in December 2018 in a slightly adapted version. The 25% socio-economic survey includes 82 DPs of the 329 DPs (static and mobile vendors and their workers) found in the ROW at the time of the surveys (the situation is constantly changing due to the anti-encroachment campaign). The socio-economic survey does not include the 17 DP vendors who were previously found in the ROW (registered as part of the DP survey in March 2018 but no longer present in the ROW). They have been included in the static and mobile vendor category to receive compensation.
12. As DPs voiced increasing consultation fatigue, became unwilling to cooperate and only static and mobile vendor DPs are currently foreseen to receive compensation beyond just their structures, the decision was taken to undertake a 25% survey of only the static and mobile vendor DPs and their workers. The survey team conducted FDGs with the extended structure DPs to obtain relevant socio-economic income and also used the DP census survey forms to obtain additional information (the survey form includes socio-economic questions). Therefore, it is considered that both the questionnaire information and the FDGs undertaken, provide sufficient information to outline and analyse the extended structure DPs socio-economic situations.
D. Information Disclosure, Consultation and Participation 13. The primary project stakeholders identified for resettlement are the DPs that operate static and mobile vending structures (both owners and employees) located within the ROW and those with extended structures impinging on the ROW. Other stakeholders identified include the private and public companies along the KBRT corridor, road and public transport users, KMC and SMTA, the district administration, the transport associations, academic institutions and charitable organisations.
14. The resettlement survey teams used several tools for consultations such as: key informant interviews, FDGs, distribution of a brochure on resettlement and general discussions with DPs. The resettlement related consultations were held at different locations, in or outside the BRT route, were attended by over 496 DPs and other stakeholders. The consultations with all relevant stakeholder for the Draft RP and this Final RP were undertaken between January 2018 and April 2019.
15. DPs’ and stakeholders’ concerns and suggestions have been incorporated in this Final RP. Any concerns related to construction and implementation will be transmitted to the relevant entities. 16. The public version of this Final RP (with sensitive information redacted) will be made available at key accessible and convenient locations such as the offices of KMC, SMTA, district administration, city government, and other places convenient to the DPs. This Final RP has been updated following the near finalisation of the detailed design (March 2019) and will be endorsed by the SMTA, who will submit this Final RP to ADB for approval. After approval by the ADB, this Final RP will be disclosed on the websites of the ADB, TransKarachi and the SMTA.
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17. A non-technical summary (NTS) of the updated RP will be translated into Urdu in the form of an information brochure and will be disseminated to each DP and their household as part of the implementation stage.
E. Resettlement Policy, Legal Framework and Entitlements 18. Eligibility to receive compensation and resettlement assistance is limited by the cut-off date set by the project. The cut-off date for the vendors already surveyed as part of the Draft RP was 14 March 2018, for the second DP survey the cut-off date was determined as the 15 March 2019.
19. Despite the cut-off dates, any DP can raise a grievance and be included in the final DP list if they have relevant proof they were based at an affected location prior to the cut-off date of 15 March 2019. DPs wishing to be integrated into the final DP list should provide copies of their NIC cards signed by the elected and be identified by a minimum of three other DPs in person above the age of 18 years. TransKarachi and the Project Management and Construction Supervision Consultant (PMSCS) resettlement specialist will be in charge of the verification process of the DPs. People who move into the ROW after the 15 March 2019 will not be eligible for compensation or any other assistance.
F. Livelihood Restoration
20. A number of measures for the restoration of livelihoods of DPs have been defined in this Final RP. These include:
● Subsistence allowance ● Provision of temporary or permanent vending spaces during the construction of the KBRT ● Rent payments for the initial installation time defined as 12 months ● Additional vulnerability allowance, where applicable ● Severe impact allowance, where applicable ● Priority employment during the construction phase and during project implementation ● Opportunities for skills training ● Start-up capital for workers interesting in starting their own business ● Educational stipends for workers under the age of 15 ● Following the completion of the KBRT, where possible, to provision of permanent vending spaces at bus stations and pedestrian bridges
21. A preliminary Livelihood Restoration Plan (LRP) has been developed by the EPCM consultant that includes all the livelihood restoration activities and the related budget.
G. Grievance redress mechanism 22. A three-tiered grievance redress mechanism (GRM) has been designed to provide a time- bound, early, transparent, fair response and resolution for all resettlement related grievances. Once TransKarachi has established the Project Planning and Implementation Unit (PPIU) should undertake a public awareness campaign in accordance with the Project’s Communication Plan (PCP) to inform the public, project stakeholders and the DPs about the GRM (DPs will also receive separate and targeted information about the GRM). Initially, the public awareness campaigns must include:
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● The GRM being published on the website ● Regular feedback being provided with information on the GRM via Twitter ● The GRM being included in eNewsletters and media stories 23. In addition, a dedicated hotline managed by the PPIU is to be established to deal exclusively with resettlement related grievances. A second hotline will also be established at the the project company level to deal with non-resettlement related grievances and its staff will re- direct all resettlement grievances submitted via this hotline to the PPIU. A website form where grievances can be registered in writing to the PPIU and the project company directly will also be made available as well as grievance boxes which will be placed in strategic locations along the route.
H. Institutional arrangements and RP implementation 24. The following organisations are involved in the implementation of the RP:
● The Government of Sindh is represented through the SMTA which is the executing agency (EA). The SMTA is a newly created entity which is part of the Transport and Mass Transit Department (TMTD). ● TransKarachi is the implementing agency (IA). It is being newly created to carry out the project implementation, management and maintenance of mass transit systems in Karachi, assigned by the SMTA. TransKarachi was not established at the time of writing in April 2019 and no staff had been hired. ● The Project Planning Implementation Unit (PPIU) of TransKarachi is where the resettlement staff will be located. In the case of the SMTA, the resettlement staff are located under the authority of the Deputy Director of Regulations. ● The Project Management and Construction Supervision Consultants (PMCSC) will provide third party support to TransKarachi for the implementation of the RP. The PMCSC team will have one national resettlement specialist and one social safeguards specialist. ● Another third-party consultant will be hired to undertake the external monitoring ● The ADB social safeguards specialist will review the RP, the RP audit and the periodic monitoring results.
I. Resettlement Budget and Financing 25. The total amount for this Final RP is calculated to be PKR 91,789,300 which equates to about USD 653,071 at the current rate of PKR 141 = USD 1. The RP budget does not include cost of relocation of public utilities or payment to the respective public entities for the bus depots. This cost will be included in the overall budget of the project. The cost for consultations, the GRM and other support costs will be included in the administrative costs of the project. In addition to the above, the livelihood restoration costs for the 697 DPs, which is estimated at PKR. 469,188,500 (USD 3,314,649). The total of the RP and LRP requires is PKR. 560,977,800 (USD 3,960,058).
J. Monitoring and Evaluation 26. The roles and responsibilities for internal monitoring involve: ● The PPIU of TransKarachi, with the support of the PMCSC, who will be responsible for monthly monitoring of the progress of resettlement activities ● The PPIU will review the efficiency of the monitoring arrangements quarterly and refine the arrangements accordingly
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● Six monthly monitoring reports will be submitted to the ADB by SMTA with inputs from TransKarachi.
27. PPIU with the support of PMCSC will hire the services of a firm, NGO or a qualified and experienced resettlement expert, to undertake external monitoring. The external monitor will be selected with concurrence of ADB. The objective of the external monitoring will be to determine the project’s achievement of resettlement activities in line with the objectives of this Final RP and identify any longer-term changes in livelihoods and socio-economic conditions of DPs (both negative and positive), any need for mitigation measures and lessons learned.
28. Key external monitoring tasks will include: ● Review and verify internal monitoring reports; ● Review socio-economic baseline and household asset census survey information of pre- displaced persons; ● Identify and select impact indicators; ● Assess impact through formal and informal surveys with the DPs; ● Consult with DPs, officials and community leaders for preparing monitoring report; and ● Assess the efficiency, effectiveness, impact and sustainability of resettlement, drawing lessons learned for future resettlement activities.
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1 Project Description
1.1 Project Background 1. This document presents the Final Resettlement Plan (RP) based on the detailed design prepared by the Detailed Engineering Design, Procurement and Construction Management (EPCM) Consultant. This Final RP is a continuation of the Draft RP submitted in June 2018 and the RP developed as part of Project Preparatory Technical Assistance (PPTA) phase in June 2016. The Draft RP submitted in June 2018 was based on the conceptual design of project. The plan is aligned with the Asian Development Bank’s (ADB) Safeguard Policy Statement (SPS) 2009. This Final RP will be presented to ADB for review and approval as well as the Sindh Mass Transit Authority (SMTA) for endorsement and public disclosure.
2. The Karachi Bus Rapid Transit (KBRT) Project (the project) is a transport system being designed to respond to the increasing need in Karachi for reliable and safe public transport. Amongst others, the aim of the project is to:
● Provide more reliable and rapid journey times; ● Integrate design of infrastructure and vehicles for comfort, quality and improved access; ● Enhance the quality of the public transport and reduce traffic congestion; ● Decrease travel time by providing a punctual and efficient bus service; and ● Encourage women and people with disabilities to take advantage of the bus service.
1.2 Objective of the Final Resettlement Plan 3. The preparation of this Final RP at the end of the detailed design stage is intended to identify, assess and analyse the impacts of the project to ensure that compensation and resettlement allowances are sufficient to restore the income and living standards of the displaced persons (DPs). This Final RP is based on the layout plan of the detailed design available as of March 2019 and is prepared to meet the ADB processing requirements of the project.
1.3 Changes in route design 4. The preliminary design in 2016 (during the PPTA phase) proposed for the KBRT Red Line to start from Tower and continue along Muhammad Ali Jinnah Road, the New Muhammad Ali Jinnah Road, University Road and terminate at Safoora. The current detailed design (status March 2019) of the KBRT Red Line starts at Numaish Chowrangi, continues along the Shahrah- e-Qaideen Road, Kashmir Road, Dadabhoy Nauroji Road, University Road, Malir Link and terminates at Malir Halt. This has meant that only one out of the five sections from the PPTA route design have remained the same in the current route design.
1.4 KBRT project components and location 5. The underground staging facility, the TransKarachi office extension, the common corridor and the biogas plant were not included in the Terms of Reference of the EPCM at the time of writing (March 2019) and are therefore not considered in this Final RP.
6. The KBRT project has two major components/outputs: (i) the construction of Bus Rapid Transit (BRT) lanes, non-motorized transport route, bus stations, bus depots, staging facility, elevated U-turn bridges, fly-over bridges, underpasses and feeder services; and (ii) establishment of effective project management and sustainable BRT operations.
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7. The 27.6km KBRT Red Line will run from Numaish Chowrangi near the Quaid e Azam Mausoleum to Malir Halt. The KBRT Red Line will also provide transport facilities to the students of five major universities and numerous hospitals along the University Road.
8. The BRT infrastructure will include:
● 22.4km of BRT main corridor with new BRT lanes, reconstruction/resurfacing of existing mixed traffic lanes and service roads, intersection improvements, sidewalks, bicycle lanes, landscaping, street lights and storm water improvements; ● 5.2km are feeder, depot access and connecting roads; ● Twenty-three BRT bus stations; ● Pedestrian footbridges at seventeen BRT stations for access, with provision of male and female public toilets; ● Two bus depots at Mosamyat and Malir Halt for overnight parking and maintenance; ● Relocation of the existing utilities; ● Five elevated fly-over structures; ● One elevated rotary structure; ● Five underpasses; ● Eight elevated U-turns; ● One underground intersection; ● Upgraded intersections along the KBRT Red Line corridor; and ● Integration of the Green and Red lines at Numaish Chowrangi. 9. Figure 1 shows the route and components of the KBRT project based on the detailed design available at the time of writing.
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Figure 1: KBRT route and project components
Source:
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1.5 Civil works packages 10. The project will be divided into three civil work packages, for which the draft/tender design is to be completed by the end of July 2019. Final detailed design will be completed at the end of April 2019; however, none of the final changes in the detailed design will cause any changes in the resettlement impacts identified. The three work packages, their respective chainages (this includes the main corridor highlighted in bold, the feeder and connection roads) and the location various project components are included in Table 3 and Table 4.
Table 3: Civil works packages and chainages Package Location Chainage Package 1 New M.A.Jinnah Road to Askari Park Km 0+000 to Km 3+150 Peoples Secretariat to Society Km 0+000 to Km 0+946 M. A. Jinnah Road Feeder Km 0+000 to Km 0+260 Numaish Connection Km 0+000 to Km 1+863 Kashmir Road Junction 285m Newtown Feeder Km 0+000 to Km 0+175 Package 2 Askari Park to Mosamyat Km 3+150 – Km 12+850 Samama Feeder Km 0+000 – Km 0+143 Hafeez Jalandhari Road Feeder (to Depot) Km 0+000 – Km 0+570 Hafeez Jalandhari Road (to Depot) Km 0+000 – Km 0+146 Bus Depot Mosamyat Km 0+570 Mosamyat Feeder Km 0+000 – Km 0+162 Kings Cottages Feeder Km 0+000 – Km 0+241 Package 3 Mosamyat to Malir Halt (including Depot Km 12+850 – Km 22+400 Access Road) Depot Malir Halt Km 22+400 Safoora Feeder Road 250m Pahalwan Goth Intersection 220m Total 27+661m Source: EPCM consultant detailed design (March 2019)
Table 4: KBRT location and project components No Location Chainage Project elements Package 1 1 Numaish Chowrangi to 0+150-0+200 S01 Numaish Underground Staging Facility (not included in Peoples Chowrangi our scope) 0+000-0+250 S02 People’s Chowrangi Elevated Roundabout (3 roads off 0+000-0+260 the roundabout) 0+572-0+720 2 From PPP to Society 0+910 Society Office Station Pedestrian Footbridge Office 1+050-1+400 RL-00 Bus station Society Office Station 2 Peoples Chowrangi to 0+730-0+970 RL-01 Bus Station Dawood Engineering University Jail Chowrangi 0+825 Dawood Engineering University Pedestrian Footbridge 1+650-1+920 RL-02 Bus Station Mir Usman Park 3 Jail Chowrangi to Askari 2+225-2+500 RL-03 Bus Station Jail Chowrangi Park 2+400 Jail Chowrangi Pedestrian Footbridge
2+570-2+830 S03 Elevated Flyover New Town Intersection 2+850-3+010 S04 Elevated U Turn Askari Park Package 2 4 Askari Park to Civic 3+220-3+490 RL-04 Bus Station Askari Park Center 3+390 Askari Park Pedestrian Footbridge 3+680-3+900 S05 Elevated U Turn 1 UK Apartment 3+900-4+100 S06 Elevated U Turn 2 UK Apartment
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No Location Chainage Project elements 4+150-4+420 RL-05 Bus Station Civic Center 4+310 with pedestrian footbridge 5 Hassan Square to Bait-ul 4+900-5+200 RL-06 Expo Center with pedestrian footbridge Mukarram 5+025 Civic Center Pedestrian Footbridge 5+200-5+380 S07 Elevated U Turn 1 Bait-ul- Mukarram 5+380-5+570- S08 Elevated U Turn 2 Bait-ul- Mukarram 5+570-5+900 RL-07 Bait-ul-Mukarram 5+670 Bait-ul-Mukarram Pedestrian Footbridge 6 Bait-ul- Mukarram to 6+300-6+570 RL-08 Bus Station Urdu University NIPA 6+400 Urdu University Pedestrian Footbridge
7+670-7+950 RL-09 Bus Station NIPA Chowrangi 7+780 NIPA Chowrangi Pedestrian Footbridge 7 NIPA to Safari Park 8+330-8+620 RL-10 Bus Station Metro 8+480 Metro Pedestrian Footbridge 8+970-9+300 RL-11 Bus Station Safari Park 9+140 Safari Park Pedestrian Footbridge 8 Samama to Mosamyat 9+760-10+050 RL-12 Bus Station NED University 9+910 NED University Pedestrian Footbridge 10+220-10+480 RL-13 Bus Station Karachi University 10+360 Karachi University Pedestrian Footbridge
10+740-10+930 S09 Elevated U Turn 1 Karachi University 11+030-11+280 S10 Elevated U Turn 2 Karachi University 11+450-11+750 RL-14 Bus Station Sheikh Zayad Islamic Center 11+590 Sheikh Zayad Islamic Center Pedestrian Footbridge 12+080-12+300 RL-15 Bus Station Mosamyat 12+050-12+100 Mosamyat Pedestrian Footbridge. 12+100-12+550 S11 Flyover Mosamyat 12+380-12+750 S12 Underpass Mosamyat 0+000-0+570 Access Road Depot Mosamyat 0+570 Bus Depot Mosamyat Package 3
9 Mosamyat to Johar 12+870-13+220 S13 Underpass Kings Cottage Complex
13+220-13+480 RL-16 Bus Station Kings Cottage 13+350 Kings Cottage Pedestrian Footbridge
10 Johar Complex to 0+000-0+376 S14 Flyover from Safoora Chowk to Rimjhim tower Safoora Chowrangi 13+970-14+390 S15 Safoora Underpass 0+000-0+470 S16 Gabol Flyover 13+900-14+350 RL-17 Safoora Chowrangi /Pedestrian footbridge 14+000 Safoora Pedestrian footbridge (1) 14+250 Safoora Pedestrian footbridge (2) 12 Safoora Chowk to 14+350-15+050 S17 Hydrant Underpass Water Hydrant Board 13 Water Hydrant Board to 15+230-15+550 RL-18 Bus Station Race Course Check Post 6
14 Check Post 6 to Sidra 16+430-16+700 RL-19 Bus Station Malir Cant Twin Tower 16+530 Malir Cant Pedestrian Footbridge 16+700-17+010 S18 Tipu Sultan Underpass 15 Sidra Twin Tower to 17+120-17+400 RL-20 Bus Station Tipu Sultan with pedestrian footbridge Acacia Country and Golf 17+290 Tipu Sultan Pedestrian Footbridge Club 16 Acacia Country and Golf 19+240-19+670 RL-21 Bus Station Tank Chowk Club to Malir Halt Depot 20+410-20+750 RL-22 Bus Station Model Colony
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No Location Chainage Project elements 20+490-20+700 Model Colony Road crossing Model Colony Road crossing 21+950-22+400 Access Road Depot 22+400 Depot Malir Halt Source: EPCM detailed design (March 2019)
11. The procurement strategy had not been finalised at the time of writing, so the number of packages and expected date for awards of packages and duration of construction will only be determined when the procurement strategy is finalised. The expected award date at the time of writing was December 2019.
12. Mobilisation and construction on the KBRT Red Line could then commence in Quarter 1 (Q1) of 2020, provided all outstanding approvals are obtained. The construction process will create some negative impacts directly for those impinging and/or using the right-of-way (ROW) and some temporary access disturbances to the surrounding populations, for which, mitigation measures are provided in this RP and the Environment Impact Assessment (EIA) report.
1.6 Resettlement plan related procedures and conditionalities 13. The ADB appraisal of the project is conditional on government endorsement and disclosure of this Final RP. Commencement of civil works is conditional to the full payment of compensation in terms of cash assistance and allowances for resettlement and rehabilitation, and provision of temporary or permanent alternative vending sites to displaced vendors or payment of income losses during construction phase.
1.7 Foreseen impacts of the project 14. While the detailed designed of the existing ROW has helped to eliminate the need for private land acquisition, it will cause economic displacement of vendors and impact commercial structures impinging on the ROW. Table 5 provides a summary of the foreseen impacts of the project.
Table 5: Resettlement Impacts for the KBRT No Type of structure Total no of structures Brief description Extended structure vendors 1 103 Semi permanent structures 223 Owners of extended structures from commercial buildings impinging in the ROW. 120 Mobile structures Static and mobile vendors 2 35 Semi permanent structures 275 Owners of static and mobile vending structures that are found in the ROW. 240 Mobile structures
Governmental and large corporate structures 3 66 Permanent and semi 66 Structures owned by public and permanent structures large private organisations Charitable organisations 4 10 Semi permanent structures 10 Structures that are impinging on the ROW or located in the ROW used by charitable organisations Workers 5 128 Workers (extended 199 Employees of extended structures) structures and static and mobile vendors 71 Workers (static and mobile vendors) Total 774 Source: DP census March 2018 and February 2019
1.7.1 Potential access restrictions along the route 15. There will be temporary impacts on mobility and access of the full range of road users due to construction of the project. These impacts have been outlined in the traffic management plan (TMP)
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established for the project. The TMP will guide the contractor to compile a site specific TMP and also provides drawings for the different scenarios along the route to help identify potential mitigation measures. A traffic accommodation specification and the bill of quantities will be incorporated into the contract document under the relevant sections. The specification will be used to pay the contractor for the traffic accommodation measures, amongst others, a dedicated Traffic Safety Officer and vehicle solely dedicated to this function. Penalties for non-conformance of traffic management, time delays (in not responding to traffic issues), and late occupation of lanes will be written into the contract data section of the document.
16. It is currently not foreseen at this time that there will be any access restriction for businesses at the side of the ROW (which are the extended structure vendors and their workers identified in this Final RP) as the construction will be phased and at no point will the road be completely closed off. The phase that would affect the extended structures is when construction will start on the sidewalk; however, even then it is not anticipated that shopfronts would be closed at any point, as the construction will be conducted in such a manner that customers will still be able to access the shops and construction activities in front of any shops will not last more than a couple of days. A contingency amount has however been provided (refer to chapter 9) for any DP to be claimed should their access be restricted and their livelihood impacted beyond what is currently foreseen according to the available information and plans.
1.8 Measures to minimise resettlement impacts 17. The KBRT Red Line route was selected due to its proximity to residential and commercial areas as well as education and medical institutions, as well as to link other BRT routes as part of the wider BRT network. There were various alternatives analysed and the route was revised to provide the maximum benefits for the passengers at the same time as minimising the existing resettlement impacts. This has led to the final detailed design (status March 2019) on which this RP is based.
1.8.1 Ownership of the ROW 18. The KBRT corridor has been designed within the available ROW from façade to façade (either where the sidewalk stops at the building façade or the side walk ends naturally). The ownership of the ROW has been discussed with different public entities on various occasions and formal proof for the ownership of the ROW has been sought. To this end, a letter was sent on 1 October 2018 from the Project Implementation Unit (PIU) of SMTA to the Municipal Commissioner (Karachi Metropolitan Corporation), the Director General of Karachi Development Authority and the Cantonment Executive Officer (Mali Cantonment) and a meeting was held with the Deputy Commissioner (East) on 3 January 2019. However, despite verbal reassurances, no formal documentation or proof of ROW ownership has been provided.
19. None of the DPs during the surveys, focus group discussions, or informal discussions undertaken since February 2018 have claimed the sidewalk or any land as their own, except for official commercial properties that are outside the defined façade to façade ROW and therefore not impacted. Furthermore, it is understood through the surveys conducted that DPs pay informal rents for their location to a variety of groups including business owners and the local authorities. These are considered bribes to allow them to remain in the spaces they have occupied. The payment does not legally authorise them to occupy the location but it protects them against regular removal. Vendors do not receive a receipt or formal acknowledgement for this payment. The ongoing anti-encroachment campaign has removed these informal assurances and therefore DPs have commented that these bribes are currently no longer being paid.
20. The ROW has been restricted not to include any buildings beyond the sidewalk, which has minimised the resettlement impacts in so far that no private land acquisition must take place and no claims have been raised to date. Given the absence of proof of ownership of the ROW, it is recommended that during the implementation phase of this RP, the DPs be provided with the Grievance Redress Mechanism (GRM) details (to be established by TransKarachi once it is operational) to enable them to launch a complaint in case there any private land is affected and needs to be acquired.
1.8.2 Bus depot land and access roads 21. The construction of two bus depots is proposed on government owned lands, which were originally the lands of defunct urban bus depots owned by the Karachi Road Transport Corporation (KRTC). The proposed lands for the Malir Halt and Mosamyat Bus Depot are owned by the Government of Sindh (GoS). The access road to the Malir Halt Depot, proposed on the land owned by the Pakistan Telecommunication Company Limited, will either be leased or rented (this had not been defined at the time of writing). The access road to the Mosamyat Depot is owned by the GoS and considered part of the wider ROW. The
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depots’ lands are currently under the use of the Pakistani Rangers, a paramilitary law enforcement agency helping the GoS to maintain law and order in Karachi. The Pakistan Rangers have established camps on the two depots, which will be relocated to other GoS owned land. The relevant government agencies have come to an agreement and the provisional costs for the depot land and relocation costs associated to the depots was included in the project budget document (PC1).
1.8.3 Design modifications to minimise resettlement impacts 22. Figure 2 illustrates how impacts to private land and properties were minimised through modification of design at locations with limited ROW or land availability along specific stretches. Where the ROW is restricted, traffic lanes widths have been minimised and sidewalks integrated with the bicycle lanes to maximise the use of available space. These design changes have avoided the acquisition of private land.
Figure 2: Layout of a section of the KBRT
Source: EPCM consultant detailed design
23. Along the KBRT route where there is no restriction on space, the maximum available width of the ROW is utilised. In areas with restricted space, cross sections were reduced to conform to the minimum design widths. The KBRT corridor is composed of two BRT lanes, one with traffic in either direction (standard width of 3.5m) or a by-pass lane of 3.5m with docking lanes varying between 3.00 to 3.15m at different stations. A minimum of three lanes are maintained for mixed traffic with an absolute minimum lane width of 2.8m, where the ROW is narrow. Service roads vary between 3.0 to 3.65 m in width. The KBRT route will be separated from the mixed traffic with a physical delineator. A cycle track space of a minimum of 1.5m width will be considered and a buffer of 0.60m will be provided to separate the cycle track and the mixed traffic lanes. Sidewalks are an integral element of the KBRT cross-section for non-motorized users and they will be a minimum width of 1.8m. Figure 3 shows an example of the proposed cross sections for the KBRT.
Figure 3: Proposed cross sections for KBRT
Source: EPCM consultant detailed design (March 2019)
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24. For the BRT stations, where the ROW was restricted, staggered stations were designed, which maximize the use of available space. The average distance between the bus stations is 600 to 800m; except at Tank Chowk, where the distance is up to 1,000m.
1.9 Conclusion 25. The proposed KBRT Red Line route has been determined to be the most viable option when taking into consideration the project objectives and potential resettlement impacts. The construction works will be contained within the façade to façade ROW, as outlined in the detailed design (status March 2019). The resettlement impacts on vendors located within the ROW have been identified and will be mitigated through the implementation of this Final RP. The project will provide resettlement and rehabilitation assistance to the DPs and identify potential, alternative vending places along the KBRT route for DPs to use during the construction and operation phases of the project.
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2 Scope of Land Acquisition and Resettlement
2.1 Social Impact Assessment Approach 26. A RP was prepared for the Implementation Agency (IA) at the PPTA stage in June 2016. That RP was prepared on the basis of a conceptual design for a 28km long route starting from Tower to Safoora Chorangi. An update to this initial RP was prepared in form of the Draft RP in June 2018, which was disclosed on the ADB website. This Final RP uses relevant information from the 2018 Draft and is based on the latest detail design of March 2019 for the revised route from Numaish to Malir Halt.
27. The revised project route is now based on a detailed design by the EPCM consultants of 27.6km (refer to Figure 1 in chapter 1) from Numaish to Malir Halt. The changes made to the route (following the initial design under the PPTA) have resulted in significant changes in the potential impacts assessed in the PPTA RP report, as only one section of the previously route has remained the same.
28. Due to these substantial changes in the route, it was decided that a new assessment of the use of the ROW was required (rather than a reassessment) to correctly evaluate the impacts for this Final RP. This Final RP provides a new assessment made to understand the changes undertaken between 2015 to 2019, which were included already partially in the Draft RP of June 2018 and have now been further updated for this Final RP. This RP also takes into account changes in the use of the land along the route between 2018 and 2019 as a result of the anti-encroachment undertaken by the Karachi Metropolitan Corporation (KMC), which began following a formal instruction from the Supreme Court of Pakistan in May 2018. The anti-encroachment campaign caused mainly mobile but also static vendors to disburse, vendors’ markets to change locations and extended structures (particularly those that were semi-permanent and permanent previously) to be removed or converted into mobile structures that could be moved on an ad hoc basis. The effects of the campaign have been considered in this Final RP and will be discussed in greater length later in section 2.4.
29. The PPTA RP was first updated in June 2018 based on the new conceptual design and has now been updated for this Final RP based on the March 2019 detailed design. The social impact assessment for this Final RP was undertaken in line with the detailed design of the KBRT Project. The assessment revealed that the facade-to-façade reconstruction of the 27.6km BRT main corridor as well as the associated structures and facilities would impact on users and encroaching structures into the existing available width of the ROW. The final DP survey was conducted in February 2019 and a final cut-off date of 15 March 2019 was established for all DPs (the previous cut-off date for the Draft RP was 14 March 2018).
30. As the EPCM consultant is dividing the detail design into three work packages, this Final RP has followed the relevant work packages to serve as one comprehensive document for all three packages. The construction works are currently scheduled to start for all three packages simultaneously in Q1 of 2020.
2.2 Assessment of Social Impacts 31. The three work packages are currently divided as follows:
● Package 1: Numaish Chowrangi to Askari Park ● Package 2: Askari Park to Mosamyat ● Package 3: Mosamyat to Malir Halt Depot 32. The packages all contain bus stations, elevated and/or underground structures (U turns, underpasses and flyovers) and pedestrian footbridges. Package 2 and 3 also include one depot per package. Table 4 in chapter 1 provides details of all the KBRT components contained in each work package. Each package will cause resettlement related during the construction and operation phases.
2.3 Resettlement surveys and techniques adopted 33. Resettlement surveys for the KBRT were conducted over different timespans, first under the PPTA in 2015 and 2016, then for the Draft RP of June 2018 between January and May 2018 and then for this Final RP between December 2018 and March 2019. All data collected between January 2018 and March
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2019 has been compiled into this Final RP that meets the ADB SPS 2009 guidelines. The different data sets gathered and analysed, are summarised below:
34. PPTA KBRT Resettlement Plan June 2016: For the PPTA RP the route that was analysed went from Tower to Safoora. A DP census, focus group discussions (FGDs) and a socio-economic survey of DPs were conducted in 2015. The PPTA RP identified a total of 445 DPs, working largely as mobile and static vendors.
35. KBRT Draft Resettlement Plan June 2018: The Draft RP of June 2018 was based on the concept design of the 24km route from Numaish to Malir Halt. A revised DP census, socio-economic survey and FGDs were conducted from January to May 2018 to account for the changes in route alignment and re- assess the situation on the ground. The report categorised the DPs into four different categories and estimated the overall number of DPs to be 925 (all males). Given the Draft RP was based on the concept design for the route, it was not possible to define the exact number of impacts as many of the design elements (particularly associated infrastructures and facilities) had not been defined. Therefore, the DP number was an estimate.
36. KBRT Final Resettlement Plan April 2019: This Final RP is based on the detailed design for the 27.6km KBRT route starting from Numaish to Malir Halt, including two bus depots and feeder / connection routes. The report has taken into account the previous surveys conducted to establish a comprehensive baseline and has completed an additional DP census survey of extended structures as well as static and mobile vendors and a socio-economic survey of 82 DPs. Given the challenges of receiving accurate information and data from DPs (these are discussed in more detail later in this chapter and chapter 3), FGDs were conducted from November 2018 to February 2019 to receive qualitative information on issues related to vulnerability, income, livelihood restoration and others. The difference in the number of DPs between the Draft RP and this Final RP result from finalisation of the design and the effects of the systematic anti-encroachment campaign launched by the KMC in May 2018. The DPs registered during the Draft RP, which had a cut-off date of 14 March 2018, have been included in the final DP list, even if their situation has changed due to the anti-encroachment campaign and/or they are no longer found in the ROW.
2.4 Anti-encroachment campaign 37. The anti-encroachment campaign is not a new phenomenon in Karachi, as many DPs previously commented on the precariousness of their situation which pertained to continuous destruction or removal of their structures by the police and the KMC. However, in May 2018, the Supreme Court of Pakistan instructed a country wide ‘clean-up campaign’, which focused on removing illegal encroachers from publicly owned spaces. In Karachi, this has led to widespread anti-encroachment campaigns throughout the city. Previously, anti-encroachment campaigns had mainly targeted mobile and static vendors; however, the campaigns are now also including extensions into the publicly owned ROWs. In the period between June 2018 and February 2019 thousands of buildings, markets, residential areas, extended structures and mobile vending structures were demolished, dismantled or taken by the anti-encroachment squads of the KMC throughout Karachi. The whole campaign has caused billions of rupees in losses for residents, commercial property owners and vendors. Figure 4 below shows the demolition of 500 shops in Karachi’s garden area in January 2019 (not within the project area).
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Figure 4: 500 shops demolished in the garden area (not within the project area) in January 2019
38. The anti-encroachment campaign has also affected the project area. Structures extending into the ROW have been dismantled either by the vendors themselves or by the anti-encroachment campaign squads. Mobile and temporary vendors have also decreased as a result, preferring to move further away from the ROW into smaller side roads, where they are less targeted by the clean-up operations. One of the changes seen has been the increase of mobile structures in place of semi-permanent or permanent ones, particularly for businesses at the edge of the ROW. This is because the anti-encroachment campaign gave vendors the option to voluntarily remove the encroaching structures and thus avoid them being forcefully removed. Most vendors have therefore opted to do this and have now put up mobile structures, where they previously had semi-permanent ones. The voluntary removal of the structures has enabled vendors to continue their livelihoods, as they are able to remove the structures as needed and replace them with something that has the same or nearly the same functionality.
39. The DP census conducted in February 2019 found, that since the anti-encroachment campaign has started in May 2018, vendors stopped paying informal rent for their location to local authorities and/or the police. As these payments are generally considered to be bribes, that do not legally authorise them to remain in the location they are occupying but supports them not to be removed on a regular basis. Vendors do not receive a receipt or formal acknowledgement for this payment. As these assurances are not valid in the present environment, the vendors are no longer paying these informal rent payments.
2.5 Data Collection and Survey Techniques 40. The survey teams used four data collection techniques: DP census, socio-economic surveys, FDGs and in-depth interviews. The data collected between December 2018 and March 2019 was added to the data collected between January and May 2018 to form a 100% census of DPs and a 25% socio- economic baseline survey of static and mobile vendor DPs (refer to section 2.6 for more details on the socio-economic survey). The summary of the DPs identified as part of this Final RP are outlined in Table 6.
Table 6: Summary of DPs No Type of structure Total No of structures Brief description Extended structure vendors 1 103 Semi permanent structures 223 DPs with extension of minor 120 Mobile structures structures from commercial buildings into the ROW. Static and mobile vendors 2 35 Semi permanent structures 275 DPs whose vending structures 240 Mobile structures are located within the ROW Governmental and large corporate structures
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No Type of structure Total No of structures Brief description 3 70 permanent and semi- 70 Structures owned by public and permanent structures private organisations. Charitable organisations 4 7 Semi permanent structures 7 Structures that are impinging on the ROW or located in the ROW used by charitable organisations Workers 5 128 Workers (extended 199 Workers employed by extended structures) structures and static and mobile 71 Workers (static and mobile vendors vendors) Total 774 Source: DP census March 2018 and February 2019
41. In total eight sets of surveys were conducted from January 2018 to February 2019, these are summarised in Table 7:
Table 7: Surveys conducted for Final RP No Date Type of Survey Number of Description Participants 1 February Rapid Sample Survey, Mobile 75 Rapid survey to assess the situation of 2018 and Static vendors mobile and static vendors and obtain basic information regarding their situation and livelihoods. The survey also included FDG discussions. 2 March DP census survey 120 Survey of 120 semi-permanent and 2018 permanent vending structures found in the ROW. 3 May 2018 Static and mobile vendor 364 Estimate counting of mobile and static counting survey vendors found in the ROW 4 May 2018 Socio-economic survey 32 Socio-economic survey conducted with 32 DPs identified as part of the semi-permanent and permanent vending structures survey conducted. 5 December Government and semi- 77 Inventory list of all government and semi- 2018 Government Structures governmental structures, of which seven are inventory list charitable organisations. 6 December Socio-economic survey 82 Socio-economic survey conducted with 82 2018 DPs 7 February Extended Structures 173 Survey of 173 DPs who possess extended 2019 structures that extend from commercial building or entities at the edge of the ROW. 8 February Static and mobile vendors 258 Survey of 258 static and mobile vendors 2019 located within the ROW. Source: Surveys conducted by EPCM consultant
42. Between January and May 2018, the survey team consisted of three and then five enumerators, all male, with one female supervisor and the local Resettlement Specialist of the EPCM. The survey team between December 2018 and February 2019, consisted of four enumerators, three male and one female. Each team was provided a one-day office-based training and on-the-job training by the local Resettlement Specialist during the surveys. The International Resettlement Specialist of the EPCM provided training and support as required.
43. The initial surveys undertaken for the June 2018 Draft RP were initially stopped due to Ramadan and Eid-ul Fitr, making surveying increasingly difficult, due to the changing pattern of vending businesses and the increased presence of mobile vendors in the ROW due to the start of Ramadan. During fasting, the excessive heat also impacted the survey team. The surveys were initially set to recommence in June 2018; however, due to the starting of the anti-encroachment campaign and the delays in the finalisation of the detailed design, they were postponed to the end of 2018. In December 2018, when the anti- encroachment campaign became less problematic along the ROW and the detail design was close to finalisation, the surveys were recommenced.
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2.6 Challenges Faced in Completion of Resettlement Plan 44. In 2016, the PPTA survey team had already raised issues and challenges faced during their data collection and consultation phases, related mainly to respondents not providing full information, abusive behaviour, consultation fatigue and DPs feeling disrupted by the surveys that they felt would ultimately not benefit them. The EPCM and the survey teams faced similar and worse issues, particularly during the period of the growing anti-encroachment campaign. The EPCM team, learning from the PPTA experience, therefore made a conscious effort to fill in the gaps in the surveys (particularly the socio-economic one) through on site FGDs with small groups of DPs. Given that the anti-encroachment campaign is continuing and the SMTA and the PIU are not in a position to communicate with the KMC’s anti-encroachment campaigns to suspend the campaigns along the KBRT corridor, neither now nor during construction, it appears likely that these challenges will continue throughout the implementation of this Final RP.
45. Specific challenges faced by all the EPCM survey teams between January 2018 and March 2019:
● Some DPs did not provide all the information required by the questionnaire; ● DPs became less cooperative towards the end of the survey, especially those interviewed for both the census and the socio-economic survey; ● DP were reluctant to provide sensitive information such as amount of investments vendors have made to their structures/businesses, their daily income, amount of debt and the extent of their vulnerability; ● Some of the DPs do not have National Identity Cards (NICs), either because they are under the age of 18, have lost or misplaced their cards or are of Afghan / Bengali origin; ● Full names and telephone numbers not provided by all DPs for fear that they would be transmitted to the government and the anti-encroachment campaign; ● DPs believing that the survey teams were part of the anti-encroachment campaign or gather information for local authorities; and ● Security issues due to the ongoing anti-encroachment campaign.
2.7 Description of Resettlement Impacts 46. Based on the final detailed design of the BRT corridor, the number of DPs currently enumerated is 774, details are found in Table 6. The surveys identified that all DPs covered are male. Currently, it is expected that the project will:
● Displace static and mobile vendors and their employees located within the ROW; ● Displace plant nurseries owners and their workers from their business locations; ● Require moving and dismantling of minor parts of mobile, semi-permanent and permanent public, commercial, charitable and community structures that are impinging on the ROW; and ● Cause relocation of public utilities, i.e. electricity towers and transmission lines, telecommunication poles and lines, optical fibre cable, gas pipelines, water supply transmission lines and sewerage lines.
2.8 DPs for the KBRT project 47. To establish a final list of DPs with a final cut-off date of 15 March 2019, another census survey was conducted in February 2019, including both extended structure owners as well as static and mobile vendors within the ROW. The Draft RP of June 2018 identified a total 493 vendors, this included a DP survey conducted with 120 vendors registered with semi-permanent structures identified in a DP census in March 2018 (cut-off date was the 14 March 2018) and a preliminary estimate of 364 vendors with temporary and mobile structures (based on a rapid counting survey conducted in May 2018).
2.8.1 Static and mobile vendors in the ROW 48. The DP census conducted in February 2019, confirmed that the current number of static and mobile vendors was 275, with 35 semi-permanent structures and 240 mobile vending structures. Out of the 120 DPs identified in the DP census conducted in March 2018, 17 DPs that previously owned semi-permanent structures are currently no longer found in the ROW. These 17 have been included in the final 35 semi- permanent structure DPs. They will receive compensation for their structures and will be treated like all remaining DPs in terms of compensation entitlements and vending space opportunities.
49. The difference in the DP numbers, particularly for the mobile vendors whom were previously estimated at 364 and have now been confirmed to be 240, is on the one hand a result of the anti-
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encroachment campaign (mobile vendors have chosen to leave the ROW) and on the other hand the detailed design being finalised. The mobile vendors have not lost any structures and have found themselves new vending locations, where they are less exposed to the anti-encroachment campaign. The number of mobile vendors was also higher during the counting survey in May 2018 as it was the month of Ramadan and street vendors were multiplying because there were more business opportunities than usually.
50. The number of vendors with static and mobile structures by location is summarised in Table 8.
Table 8: Location and chainage of static and mobile vendors
No Location Chainage Number of DPs Left Right Total 1 Numaish Chowrangi to Peoples 0+000 – 0+550 4 1 5 Chowrangi 2 Peoples’ Chowrangi to Jail Chowrangi 0+550 – 2+100 36 5 41 3 Jail Chowrangi to NewTown 2+100 – 2+900 49 6 55 4 New Town to Hassan Square 2+900 – 4+500. 48 2 50 5 Hassan Square to Bait ul Mukaram 4+500 - 5+700 11 7 18 6 Bait-ul-Mukarram to NIPA 5+700 - 7+650 8 2 10 7 NIPA to Samama (via Safari Park) 7+650 - 8+800 0 3 3 8 Samama to Mosamiyat 8+800 - 12+600 29 7 36 9 Mosamyat to Johar Complex Via Globe 12+600 - 13+250 4 7 11 Center 10 Johar Complex to Safoora Chorangi 13+250 - 14+200 9 9 18 11 Safoora Chowrangi to Check Post -5 14+200 - 15+550 5 5 10 12 Check Post -5 to Malir Halt 0 0 0 Total 207 51 258 Source: Static and mobile vendors census February 2019
51. The 17 vendors that were previously identified as having a semi-permanent structure are no longer found in the ROW, therefore the number presented above is 258 not the actual number of 275.
52. It was found that owners were very protective of their employees and the surveys had to be done in their presence. There are a total of 150 labourers under the age of 18 (they do not yet possess NIC numbers), the owner insisted to be named the responsible person even if they were not related to each other. There is a total of 15 workers considered child labourers (under the age of 15). During the implementation of this RP, it will be important that compensation benefits are provided the workers and/or their family directly rather than to the owner of the business (unless they are related); however, this is likely to present a challenge.
2.8.2 Extended structures into the ROW 53. During the DP survey in February 2019, it was established that the current number of DPs with extended structures is 233, previously an estimative count had given an approximate number of 293. The confirmation of the detailed design (March 2019) has accounted for some of those changes. Previously, most vendors had permanent or semi-permanent structures, whereas now due to the anti-encroachment campaign, many have opted to replace them with mobile structures.
54. The Final RP has considered all the vendors who were previously registered as part of the March 2018 surveys, even if they are no longer found in the ROW or have changed / removed their structures. The Final RP has used an average value for structures (PKR. 25,000), which will be given to all extended structure owners as all of them have lost or stand to lose their structures due to the project and/or the anti- encroachment campaign. The survey also identified 128 workers employed by the extended structure owners. This includes any workers who were previously identified in March 2018.
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Table 9: Location of extended structure DPs
No Location Chainage Number of Extended Structures Left Right Total 1 Numaish Chowrangi to Peoples Chowrangi 0+000 – 0+550 0 4 4 2 Peoples’ Chowrangi to Jail Chowrangi 0+550 – 2+100 9 4 13 3 Jail Chowrangi to NewTown 2+100 – 2+900 11 6 17 4 New Town to Hassan Square 2+900 – 4+500. 0 0 0 5 Hassan Square to Bait ul Mukaram 4+500 - 5+700 6 4 10 6 Bait-ul-Mukarram to NIPA 5+700 - 7+650 8 1 9 7 NIPA to Samama (via Safari Park) 7+650 - 8+800 6 4 10 8 Samama to Mosamiyat 8+800 - 12+600 15 32 47 9 Mosamyat to Johar Complex Via Globe 12+600 - 13+250 13 20 33 Center 10 Johar Complex to Safoora Chorangi 13+250 - 14+200 1 2 3 11 Safoora Chowrangi to Check Post -5 14+200 - 15+550 0 0 0 12 Check Post-5 to Race Course 14+200 - 15+550 4 0 4 13 Race Course to Check Post - 6 15+550 - 16+400 3 0 3 14 Check Post-6 to ACACIA Country Club 16+400 - 18+200 3 1 4 15 Model Colony to Malir Bridge 19+300 - 20+550 11 5 16 Total 90 83 173 Source: Extended Structure Census February 2019
55. The final number of DPs is 223; however, during the DP survey in February 2019 only 173 DPs were identified within the ROW, the other DPs are likely to have been removed by the anti-encroachment campaign. A total of 85 DPs out of the 223 were previously identified as part of the March 2018 survey; however, 50 DPs are currently not present as part of the extended structures but as they had semi- permanent structures, they have been included in the final DP list.
2.9 Extended structure and static and mobile vendor workers 56. A total of 128 workers were registered working for the 223 extended structures and 71 workers were registered working for the 275 static and mobile vending structures. The total 199 workers have been cross referenced against the workers identified as part of the surveys conducted in 2018 and have found to be included in the final worker DP list. The following characteristics were found for workers:
● Nearly 100% of the extended structure owners employed at least one worker; ● Around 80% of the workers are less than 18 years of age, with 15 workers being under the age of 15; ● None of the workers make minimum wage (PKR.16,500), as the highest salary paid is around PKR. 10,000 per month; ● None of the workers have formal or written agreements with the business owners; ● Their daily working day ranges from 10 to 12 hours; and ● Workers receive their wages daily and most of them are provided with lunch and tea in addition to their earnings.
2.10 Impacts on Private Land and Structures 57. Project activities will be undertaken within the existing ROW. It is not anticipated that any privately owned land will be acquired for the construction and operation of the BRT main corridor or its related components. Currently, no demolition of full permanent structures is foreseen, and no physical relocation of houses or permanent commercial structures is necessary, expect for those owned by governmental or public institutions. Impacts will be limited to the static and mobile structures as well as the extended structures impinging on the existing ROW.
2.11 Impacts on public, private, governmental and non-governmental organisations 58. There are 77 structures impinging on the ROW or located within the ROW that belong to public, governmental, large private and charitable organisations. These structures will need to be removed,
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demolished or partially dismantled for project construction and operation. These structures include walls, sign boards, kiosks, generators and stands.
59. There is a total of seven charitable organisations, which have been identified. The EPCM consultant held meetings with the charitable organisations on 3 April 2019 to discuss their relocation and what would be required to re-instate their services. The organisations were all aware of the project and willing to cooperate. As most of them have similar infrastructures and require assistance for relocation, dismantling and re-installation, a lump sum of PKR.100,000 has been calculated that will enable the organisation to safety reinstate and where needed upgrade their services to benefit their clients. This amount was discussed with all representatives of the charitable organisations and is considered an adequate replacement value for all those affected.
60. For the remaining organisations, the SMTA has been asked to hold a meeting with the relevant public organisations to request they move their structures and equipment inside the premises of their plots/buildings at their own cost. Due to the absence of a resettlement specialist within the PIU of SMTA since June 2018 and the delay in establishment of TransKarachi means that this activity has not been undertaken to date. Formal notices by the SMTA will also need to be served to the affected public and large commercial owners to get their consent in writing with agreed dates to move their extended structures and equipment. It should be noted that many of the structures previously identified have also been affected by the anti-encroachment campaign, for example many of the large commercial entities (e.g. banks) have moved their generators from the sidewalk to the roof). Once the resettlement staff has been hired by TransKarachi, this activity should be undertaken as a priority.
2.12 Final DP list 61. The final list of DPs includes:
● The chainage location of each business (even though it should be noted that this is continuously changing due to the situation on the ground and for the previously identified DPs their original chainage is included, where available); ● The owners and/or the workers names and their fathers’ names; ● NIC identification numbers; and ● Telephone numbers.
62. When this Final RP is disclosed, this list of DPs will be removed for privacy and confidentiality purposes. All DPs identified in this list will need to relocate their structures and be displaced during the construction and operation phase of the project.
2.13 Temporary Relocation of Vendors during Construction Phase 63. The EPCM had previously identified six potential alternative vending spaces for DPs to use to maintain their livelihoods; however, one has been determined to be private land and is therefore considered unsuitable. The remaining five potential alternative vending spaces that have been identified are located on public land and can therefore be considered as temporary and permanent market vending spaces. They are identified in Table 10 below. The sites are located along the route so DPs can conveniently relocate the new location, once the spaces are confirmed for use by the relevant authorities. Land in Karachi, particularly empty land, is highly politicised and land owners are often unwilling for the land to be used. It would require extensive negotiations between the relevant public authorities and TransKarachi to make the land available to accommodate DPs.
Table 10: Proposed alternative vending sites No Market Name Description Package 1 1 Hasan Square to NIPA There is an empty land plot opposite the Bait-ul-Mukarram. Apart from a Tuesday market opposite the space remains empty for the remaining week. This plot could accommodate around 100 static and mobile vending structures. The plot is owned by the KMC. It would be possible to accommodate 100 DPs for six days a week, during construction and if possible also during the operation phase. Package 2
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No Market Name Description 2 NIPA to Samama This Karachi Development Authority (KDA) owns a land plot that is located to the right of Urdu University in front of the Ashfaq Memorial Hospital located on the left side of the road. The plot is empty and has no vending activity currently. The land area could accommodate around 250 static and mobile vending structures. KMC reserved this plot for public purposes; however, it has not been used for a long time. TransKarachi would need to negotiate with KMC to provide the vendors temporary or permanent vending spaces during the construction and operation. Package 3 3 Mosamyat to Johar Complex There is a land plot that is currently used as a Sunday and Wednesday market next to the Mosamyat bus depot. The land plot is owned by KMC. It could accommodate around 100 static and mobile vending structures. TransKarachi would need to negotiate with KMC to provide the vendors temporary or permanent vending spaces during the construction and operation. 4 Water Hydrant Board to Check Post 6 There is an empty land plot of about two acres located near the race course. The plot is owned by the Cantonment of Malir. It could accommodate around 200 static and mobile vending structures. TransKarachi would need to negotiate with the Cantonment of Malir to provide the vendors temporary or permanent vending spaces during the construction and operation. 5 Water Hydrant Board to Check Post 6 Just opposite the race course, there is another plot of land of about five acres. This plot is also owned by the Cantonment of Malir. The land plot could accommodate around 500 vendors. TransKarachi would need to negotiate with the Cantonment of Malir to provide the vendors temporary or permanent vending spaces during the construction and operation. Source: EPCM consultant
64. Prior to relocating vendors to these sites, TransKarachi’s resettlement specialist will need to confirm that:
● The suggested plots are available and that the land owner has given their consent for the areas to be used as temporary or permanent vending sites for DPs ● The empty land areas are free from disputes ● That the land area has sufficient space to accommodate the DPs and the already established markets 65. The land owner will waive the first year of rental cost for the DP (there is a provision in the resettlement budget in case the DPs do not receive this waiver)
66. The final number of vendor DPs is 697 (this excludes charitable organisations and all public structures identified). This number was determined from the various DP censuses conducted between February 2018 and February 2019. Given the number of potential vending spaces outlined in Table 10, the spaces available, if confirmed, are considered sufficient to accommodate all DPs.
67. It should be noted that vendors who are currently working next to or for vending structures that impinge on the ROW are unlikely to be willing to relocate as their livelihood activity depends on a fixed location, which will not be moving. For example, where there are car showrooms outside or extending into the ROW, a series of vendors have established businesses to cater to the clients of the car showroom, including tire repair, tire selling and car related goods. Budgetary considerations have been included for vendors wishing to self-relocate and/or are not provided or do not want an alternative vending space (refer to chapter 9).
68. The EPCM consultant has also designed a number of permanent vending spaces into the project infrastructure. These vending spaces will become available once the project is in the operations phase. The details can be found in Table 11.
Table 11: Number of vending spaces available on the project Station number Location Number of vending spaces available ● RL 00 ● Numaish ● 90 ● RL 04 ● Hassan Square ● 21 ● RL 07 ● NIPA ● 30 ● RL 10 ● Metro ● 32 ● RL 15 ● Mosamyat ● 80 ● RL 17 ● Safoora ● 81 Total 334 Source: EPCM consultant detailed design (March 2019)
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69. The total number of spaces available, as per the detailed design, is 334; however, not all spaces will be suitable as permanent vending spaces for the DPs, as the project is considering creating some higher end, formal businesses spaces which would target different vendors or organisations to the DPs. The final number of vending spaces available for DPs will need to be determined once TransKarachi is established and decides on the use of the spaces and the revenue required from them. Once this has been determined, TransKarachi’s resettlement specialist should allocate the available spaces amongst registered external companies and DP vendors, giving priority to DP vendors where possible.
70. The expense required to maintain one of these permanent vending spaces within the project are likely to be much higher than what DPs are currently spending. The spaces will also require formal registrations, permits as well as tax and rent payments. Given the fixed locations, not all DPs will be interested and may consider them too expensive or restrictive and prefer to remain ambulatory. During the final negotiations of the compensation packages, TransKarachi should discuss with the relevant DPs, who are located in proximity of the spaces available, if having a permanent space within the project footprint would be of interest to them and if so, provide subsequent assistance for them to relocate following the construction phase. This Final RP has foreseen an allowance of 12 months’ rent payment or a waiver from TransKarachi for any DP who relocates to a permanent space.
71. The DP vendors to be displaced will likely lose income in the first three months until they are able to settle into a new, temporary or permanent market spaces and re-establish themselves to their previous income level. The static vendors who have a semi-permanent structure (e.g. cabins or kiosks) will be allocated a shifting allowance to enable them to move their vending structure from the old space to the new space. The extended structure vendors will be compensated for the losses of their physical structures (all extended structure vendors are considered eligible, given the anti-encroachment campaign has forced them to remove their structures).
72. The DPs with extended structures will not lose income as access restrictions are currently not foreseen; however, there is a contingency for three months’ income loss due to disturbances caused by the project’s construction, included in the resettlement budget (refer to chapter 9), that can be claimed if there are disturbances caused by the project. The workers currently employed by extended structures will not be losing any income as they will remain employed. There is also a provision for workers in case this changes during the construction phase. The workers who work for static and mobile vendors in the ROW, who will lose their income will receive a three-month allowance for their income loss, a two-month allowance for severity of impact and a two-month allowance for vulnerability. They will either chose to move with the vendor to a new space (this is likely if the worker is related to the owner) or search for new employment. Workers over the age of 18 are also eligible to receive a lump-sum assistance to start a business, if they chose to opt for an alternative vending space and chose not to continue working as an employee.
2.14 Vulnerability of DP Vendors 73. Based on the surveys and FDGs conducted, the static and mobile DP vendors and all workers are generally considered to be vulnerable according to ADB SPS criteria. The ADB SPS identifies vulnerable people as distinct groups of people who might suffer disproportionately or face the risk of being further marginalised due to the project, which typically includes people falling under the generally accepted indicator for poverty (e.g. the national poverty line). None of the DP vendors own land titles and are often the sole income providers in an average family of six people.
74. The DPs, particularly the static and mobile DP vendors and all workers, are also generally considered extremely poor or poor due to their volatile situation and their unsteady sources of income. The international poverty line established by the World Bank is US$1.90 per day (defined by the World Bank in 2015). Adjusted for inflation this makes a current poverty rate of US$2.09 in Pakistan per person per day (PKR. 295), and a moderate poverty line of less than US$3.41 (PKR. 480) per person per day. Given vendors are often sole income earners, this brings static and mobile vendors and all workers under the poverty line and the extended structure vendors under the moderate poverty line. The project induced losses will therefore only increase their vulnerability and poverty levels.
75. The average monthly income for DPs based on the socio-economic surveys can be found in the Table 12.
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Table 12: Average monthly and daily incomes of DPs Category Average monthly Average daily income based on Average daily income income (PKR) working 26 days a month (PKR) per person per day for a DP family (PKR)1 Static or mobile vendor 21,500 827 138 Extended structure vendors 55,000 2,115 353 Workers and labourers 8,000 307 51 (Unskilled) Workers and labourers (Skilled) Source: Socio Economic and DP census surveys
76. Based on the income levels outlined in Table 12, the static and mobile vendors are considered to be living under the poverty line and all workers are considered to be living in extreme poverty. The extended structure vendors are considered moderately poor. Therefore, all static and mobile vendors and all workers will be considered as vulnerable. They will receive an additional two months average minimum wage as a vulnerability allowance.
2.15 Land for bus depots 77. The construction of the Malir Halt and Mosamyat bus depots is proposed on GoS owned lands, which were originally (now defunct) urban bus depots owned by the KRTC. The access road to the Malir Halt depot is, proposed on land owned by the Pakistan Telecommunication Company Limited will either be leased or rented. The access road to the Mosamyat depot is owned by the GoS and considered part of the wider ROW. The land for the depots is currently under the use of the Pakistani Rangers, a paramilitary law enforcement agency, helping the GoS to maintain law and order in Karachi. The Pakistan Rangers have established camps on the land of the two planned depots and will be relocated to other GoS owned land. The relevant government agencies have come to an agreement and the provisional costs for the depot land and relocation associated with the depots has been included in the project budget (PC1).
2.16 Loss of vehicle parking areas within the ROW 78. The ROW is used for parking vehicles at various stretches along the BRT corridor. This includes parking of small trucks, compressed natural gas auto rickshaws, pickup vans, and personal cars. Usage of the ROW for parking of vehicles is year-round. The EPCM team has identified 1,130 new parking spaces for both cars and motorbikes that are all included in the detailed design of the ROW.
2.17 Temporary loss of access to existing utility services 79. The project will impact on public utility infrastructure. This includes water supply pipes, drainage system equipment, telecommunication infrastructure, gas and electricity supply equipment. The EPCM has conducted surveys to determine their locations, present condition and life expectancy of the existing utilities and has prepared existing utilities drawings for design purposes. It is currently estimated that six utility services will need to be relocated. The EPCM has collaborated extensively with the different stakeholder including K. Electric, PTCL, NTC, Sui Gas and the Karachi Water and Sewerage Board through meetings and site visits. An estimated PKR. 3,176,000 will be provided to these utility companies for the relocation of their service equipment. This cost is incorporated in PC1, which has been approved by the GoS in March 2019.
80. An extensive public awareness campaign will be conducted a couple of months prior to construction to inform the public about any service disruptions. The relocation and repair of affected utility service equipment must be completed in the shortest possible time to avoid major disruptions for the local population.
2.18 Temporary impacts on access along route 81. It is currently not foreseen that there will be any access restriction for businesses at the side of the ROW (which are the extended structure vendors identified in the RP) as the construction will be phased and at no point will the road be completely closed off. An activity that could affect the business of the extended structures is when construction will start on the sidewalk; however, even then it is planned that at no point will any shopfront be fully closed off from access. A contingency amount has however been
1 The average family side of a DP is six people
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provided in the budget to be claimed should business access be restricted beyond what is currently foreseen. This compensation amount is based on the average monthly income for an extended structure and is currently foreseen to be up to three months. This was established based on feedback from the technical EPCM team, taking into account the construction schedule and likely disruptions.
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3 Socio-economic baseline
3.1 Socio-economic surveys 82. A preliminary socio-economic survey had been undertaken in April 2018; however, due to the lack of data or incorrect information provided by the DPs (e.g. exaggerations of figures related to income, structure values etc.), the questionnaire was repeated in December 2018 in a slightly adapted version. The 25% socio-economic survey includes 82 DPs of the 329 DPs (static and mobile vendors and their workers) found in the ROW at the time of the surveys, as the situation is changing almost daily due to the anti- encroachment campaign. The socio-economic survey does not include the 17 DP vendors who were previously found in the ROW and have been included in the static and mobile vendors category to receive compensation. The decision was taken to undertake a 25% survey of only the static and mobile vendor DPs and their workers, as DPs voiced increasing consultation fatigue, became unwilling to cooperate and only static and mobile vendor DPs are currently receiving compensation beyond just their structure values. Furthermore, the DP census survey undertaken by all DPs, including the extended structure vendors, included questions about socio-economic data. Therefore, the DP questionnaire results and the FDGs undertaken with extended structure vendors provided sufficient information to outline all DPs socio- economic situations.
3.2 Data collection methods 83. The data collection was undertaken by the same four-person survey team that undertook the DP census. The survey team received training from the national resettlement specialist and continuous on-the- job training as needed. In addition to the socio-economic survey several FDGs and key informant interviews were conducted, especially with extended structure DPs but also static and mobile vendors, to corroborate the information gathered.
3.3 Socio-economic survey results 84. The socio-economic survey found that the static and mobile vendors were a homogenous group in terms of income levels, vulnerability, sole income earner status, family size and education. The DPs with the extended structures were also found to be homogenous and only varied from the DPs with static and mobile vending structures in so far that they had a more permanent vending space, less fluctuation in their income and their situation was not as precarious as that of DP vendors in the ROW, otherwise their socio- economic characteristics are very similar.
85. The socio-economic survey assessed a range of socio-economic conditions of the DPs and their households, including:
● Demographic features; ● Occupation; ● Household income levels; ● Living conditions of the DPs households; ● Decision making processes; ● Poverty status; ● Literacy; ● Educational achievements; and ● Availability of basic amenities in the areas the DPs residential areas.
86. The data set for the 82 DPs combined with the socio-economic data gather from the DP surveys and the FDGs undertaken are considered comprehensive and a representative of the DP groups described in this RP.
3.4 Challenges faced 87. The survey still presented some challenges, as in addition to the DP census, DPs were asked to complete this second survey. The main challenges faced during the surveys were:
● Respondents were unwilling to share information related to their household publicly;
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● Respondents did not want to reveal private information about their family; ● Respondents (all male) were not able to provide accurate details on household level expenditures related to food and non-food as this, according to them, is taken care of by the women who run his household; ● Providing accurate market value or assessing the value of their structure was not possible for many DPs, as they purchased their structure a long ago and/or received it from someone else; ● DPs became irritated when questions were repetitive or took too long to answer and tried to rush the process along to be able to continue their vending activities; and ● Probing questions generally received short answer or were dismissed as irrelevant. 88. Keeping in view the above constraints, the survey team met some of the respondents multiple times to complete the survey or ask them to participate in a FGD. The socio-economic survey was amended to focus purely on the most essential questions and avoid repetition. The survey team conducted four FGDs during December 2018 with particularly extended structure DPs to obtain additional socio-economic information.
3.5 Socio-economic profile of DPs.
3.5.1 Identification of DPs 89. The socio-economic survey revealed that the DPs found in the ROW were multi-ethnic and multi- lingual with many of the DPs coming from all over Pakistan, the largest majority being Pashtun (50%). There are also migrants from Afghanistan, who migrated following the war in Afghanistan and have settled in Pakistan and form part of the street vendor community throughout Karachi.
90. Most of the vendors are over the age of 18 and therefore have an NIC number (national identity card); however, there around 150 DPs that are under 18 do not have an NIC numbers, 15 being under the age of 15 (therefore considered child labourers). For those without an NIC number, they will need to be identified by three other DPs to confirm their eligibility and in the case of minors (under 18 years of age) they must be accompanied by a relative, ideally of their immediate family.
3.5.2 Female vendors 91. There were no female vendors found in the ROW and when asked many of the DPs commented on the fact that it was not culturally appropriate for their women to work. There was only one DP who stated that one of the women in his family worked in a nearby hospital as a nurse.
3.6 Static and mobile vending structures 92. Through the socio-economic survey, various characteristics were identified for all DP vendors in and along the ROW:
● To maximise business earnings, one person starts the business in the morning and is then join by a family member and/or a worker in the afternoon. This is particularly true for food related businesses. Workers are generally not paid if they are part of the family, as they usually help out before or after school or only for a few hours in the afternoon, if they are not in school anymore; ● The owner and the paid worker work full-time, where generally the owner is the manager of the business and closes the business at night and the worker undertakes different activities related to the business (e.g. washing dishes, cleaning tables, serving water and food) The worker is paid an average daily wage of around PKR. 300 per day and is provided food and tea for the day; ● The vendors who own the mobile vending structures tend to be single person owned and managed. They generally sell a mixture of items including fruit and vegetables, clothes, bags and shoes and other daily use items; ● Many vending structures convert their activities based on the time of day and the season, changing from selling fruit selling during the day to becoming eateries in late afternoon; ● Informal credit is available for certain products, such as readymade garments, dry fruit, shoes and bags; ● Average daily income of a static and mobile structure vendor is estimated at around PKR. 800, making the average monthly income of around PKR. 21,500; and ● For mid-day prayer and after working hours, business owners usually wrap their structures in plastic and leave it with a security person or a neighbour.
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3.7 Location and Types of Business: 93. All DPs are operating their businesses in or along the proposed 27.6 km KBRT corridor. The main concentration of businesses is in front of major activity nodes, around existing bus stops and as part of informal markets.
94. The major activity nodes include busy markets, multi-story residential buildings, government and private offices as well as educational institutions. Static and mobile vending structures are generally found in groups, belonging either to informal markets or unofficial, informal associations. The concentration of vendors around bus stations and near residential areas, caters to all needs of the bus passengers. Prior to the anti-encroachment campaigns all DPs were paying informal bribes to KMC and the local police to safeguard against being removed from the ROW; however, following the launch of the anti-encroachment campaign, these payments have ceased as their safety is no longer guaranteed by the bribes.
95. The majority of the DP vendors are located in the following areas: Safoora Chowrangi, Mosamyat, Johar Complex and Askari Park. The items sold by DP vendors are:
● Tyres; ● Fruit and vegetable; ● Pan and cigarettes; ● Clothes and bags; ● Flowers and plants; and ● Cooked food.
3.8 Ownership of residential and business assets
3.8.1 Residential assets 96. Only 23% of the DPs own their home, while the majority of DPs (63%) are either tenants or living in shared spaces with friends or relatives (14%). The average monthly rent paid by DPs is PKR.5,000, with rents ranging from PKR.1,000 to 10,000.
3.8.2 Business assets 97. Around 68% of the DPs own the businesses they operate, while 27% pay rent to operate their businesses. The average monthly rent for a static or mobile vending structure is around PKR. 3,000. The remaining 5% of DPs are workers that do not own any structures and do not operate them either.
3.8.3 Land ownership 98. None of the DPs claimed ownership of the land on which their static, mobile or extended structures are located. The only structures owned are located outside of the ROW and will not be affected by the construction of the KBRT project. Despite not claiming ownership, many DPs stated that they had been vending in and along the ROW for the last 10-20 years.
3.8.4 Types of structures 99. There are three different types of structures that are currently being used by DP vendors:
● Mobile vending structures which consist of a wooden platform and four large rubber tyres. This structure has a replacement value ranging from PKR. 7,500 to 10,000. The variation in price is due to vendors making amendments, adjustments or additions to the structure to improve its functionality, depending on the product they are selling. ● Semi-permanent structures (static vendors in the ROW) are generally made of steel and/or wood, usually in the form of rectangular or square cabins. The structure is either placed on a platform on the ground, fixed to the ground with steel or has small wheels that enable it to be pushed short distances. Current replacement value is between PRK. 15,000-20,000. Here also vendors have made amendments or adjustments to suit their needs, that account for the variation in price. ● Semi-permanent extended structures are usually made of a mixture of steel, wood and/or concrete. This can include metal cages, signage, boundary walls and cabins. Many of the semi-permanent extended structure have been converted to mobile extended structures, which vendors put in place as a result of the after anti-encroach campaign, are structures made out of steel and wood located on top
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of wheels, so they can easily move it out of the ROW. Current replacement value of semi-permanent extended structures ranges from PKR. 20,000-25,000, while mobile structures range from PKR. 10,000 to 15,000.
3.9 Workers
100. Around 27% of the DPs vendors employ workers to perform daily chores related to their businesses. The average monthly wage for a worker is around PKR. 8,000, in addition to being provided food and tea during working hours. Most workers (83%) are under 18, with around 15 workers under the age of 15 and therefore considered child labourers.
3.10 Demographic data
3.10.1 Education 101. The adult literacy rate among DPs is around 41% with the remaining 59% of DPs are considered to be largely illiterate. Around 36% of DPs have completed primary school education, 45% attended high school and the remaining 18% have been to or completed higher secondary education. DPs considered illiterate are able to count and can handle money but are not able to read and write and therefore would require extra assistance to understand their compensation and entitlements during the implementation of this Final RP.
3.10.2 Gender 102. DP families showed a gender split of 52.5% males to 47.5% females. The average household size was around six people, which is similar to the overall average household size found in the city of Karachi (5.8 people). The ratio of adult population to children is around 3:2. Among the children, 54% are female and 46% are male.
3.11 Household 103. Most DP families reported living as a nuclear family, where a married couple live with their unmarried children and their parents. Only 20.7% reported living with their extended family, 4.5% reported living as a single family unit and 4.9% reported being single parents, living on their own. Only 1% of DPs reported living with people, who were not related to them.
3.11.1 Household decision making 104. Decision making generally falls to the male head of the household or an elder parent if families live jointly. Only around 22% of the DP respondents reported household level decisions being made jointly by the husband and wife.
3.11.2 Housing condition 105. Many DP families live in slums or lower income neighbourhoods, sharing either a small house or a rented room with other families. Most DP families share a toilet / bath, living room and kitchen. Electricity is considered essential and is generally installed by the owner of the dwelling and then paid for by all residents based on their usage. Water generally comes from an underground water tank, connected to the running water supply. Around 70% of DP households have a latrine / bath room with a toilet connected to the sewer system. None of the DPs reported being satisfied with their housing conditions.
3.12 Sources of income and income levels
3.12.1 Primary and Secondary Occupations and Monthly Income 106. DP families either earn their livelihood through the DP’s vending business or in some cases from various members in the family working. The major source of income for all DP families is the static or mobile vending businesses or the extended structures along the BRT route. Out of the 82 DPs survey around 32 identified a second source of income in their household; however, most DPs stated the main income for the family was derived from their business. The secondary sources of income come from other male members of the family who work as rickshaw drivers, have small vending business or are paid workers.
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3.12.2 Average Monthly Household Income 107. The average household income varies depending on whether there are multiple sources of income available or not. For those families that derive multiple income, the average monthly income is around PKR. 32,000. For those dependent only on the DP for income, the average monthly income is around PKR. 21,500. The average monthly income per DP household can be found in
Table 13.
Table 13: Average monthly household income Monthly income ranges Number of households DP families average monthly income Less than PKR. 5,000 1 PKR. 3,000 PKR. 5,100 -10,000 3 PKR. 6,833 PKR. 11,000 – 15,000 3 PKR. 12,916 PKR. 15,100 – 20,000 14 PKR. 17,535 PKR. 21,000 – 25,000 15 PKR. 21,156 PKR. 25,100 – 30,000 13 PKR. 26,846 PKR. 31,000 – 40,000 22 PKR. 28,281 PKR.41,000- 50,000 9 PKR. 45,645 PKR. 51,000 -70,000 2 PKR. 57,000 Source: Socio economic survey December 2018
108.
Table 13 demonstrates that the majority of DP households’ range between PKR. 15,000 and 40,000 per month, which means that with an average size of six people, the majority of the DP families are considered to be living under the poverty as defined by the World Bank (PKR. 295 per day and around PKR. 46,000), see section 3.18 on vulnerability for details. The 32 DPs that reported having a second income, stated that the additional income increased the overall income level by around PKR. 15,500 per month; however, in most cases this does not raise them above the poverty line. Generally, it was also reported that for those family that have multiple sources of income, they are also generally those that have on average more than 6 people per household.
109. The reported average monthly household income (PKR. 21,500) is only marginally higher than the reported average monthly expenditure (PKR. 19,985). It should be noted that DPs did state that they did not always have accurate details of the monthly household expenditure, as the women in the household managed these. However, this estimate still highlights the fact that DP families work long hours to barely survive, without any buffer for unforeseen expenditure (e.g. medical expenses). Around 83% of the DPs reported that their income was not enough to cover basic expenses and any external shock or unforeseen expenditure could not be covered by their current income. Only 17% of DPs reported they were able to maintain a very basic minimum standard of living but they also stated they were not able to save or cover unforeseen events.
110. Medical expenses were reported by all DPs to be beyond their financial capacity, with over 67% confirming someone in their family had an illness they could not afford to treat or for which they could not afford to see a doctor. The remaining 23% did not experience any illnesses in their family in the last year.
3.13 Average household expenditure 111. The average household expenditures of the DPs are broken down into the following categories:
● The average monthly expenditure on food related items is estimated at around PKR. 9,275. This is used to buy staple food items such as meat, flour, milk, cooking oil, rice and vegetables; ● Non-food related expenditures include: clothing, shoes, education, utilities (electricity, gas, water, phone), transport and fuel. This is estimated to be around PKR.10,710 per month; ● Medical and health expenditure only made up around 9% of the total household expenditure; and ● The total household expenditure on food and non-food items for an average DP household is reported to be around PKR.19,985 per month.
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112. Table 14 and Table 15 provide an overview of DP households’ average expenditure of food and non-food related items monthly.
Table 14: Food related expenses Food item Total expenses for all DP % of total Average unit value families (PKR) expenditure (PKR) Meat 61,950 8% 1,050 Vegetables 69,700 9% 850 Fruit 32,500 4% 500 Milk 98,400 13% 1,200 Ghee/Cooking Oil 87,740 11.5% 1,070 Flour 120,950 16% 1,475 Rice 72,200 9.5% 950 Sugar 39,770 5% 485 Eggs 36,900 5% 450 Pulses 57,400 7.5% 700 Others 82,000 11% 1,000 Source: Socio economic survey December 2018
Table 15: Non-food related expenses Non-food items Total expenses for all % of total expenditure Average unit value DP families (PKR) (PKR) Rent 198,000 37% 4,500 Clothes 44,149 8% 833 Shoes 37,290 7% 678 Education Fees 27,636 5% 987 Health 21,588 4% 771 Electricity 84,050 15.5% 1,025 Gas 38,130 7% 465 Fuel 45,600 8.5% 950 Telephone 42,640 8% 500 Source: Socio economic survey December 2018
3.13.1 Household goods 113. DPs generally reported that the following items were considered essential household items (other than food and essentials for living):
● A mobile phone was reported to be the most frequent means of communication, with most DPs stating it was essential for their everyday life. The reported price of a cell phone is around PKR.5,000; ● A motorbike was reported to be the second most important item for daily use and essential for many DPs to undertake their business activities. The value of a motorbike is around PKR. 45,000; and ● An electric fan was reported to be an essential household item because the weather in Karachi can be very hot (up to 45-50 degrees Celsius). Most DP families have an electric fan in their living room. The average cost of an electric fan is around PKR. 4,500.
3.13.2 Credit 114. The DPs reported formal credit was not accessible for them, as they do not own any assets, have irregular sources of income and in many cases lack basic identification. Informal sources of credit are therefore the only option available to them, but the interest payments are often very high, as loan sharks take advantage of their situation. 115. Around 53.6% of DPs reported taking out credit for their business or personal activities. The average amount of credit taken out was calculated to be around PKR. 33,023. The actual amount of credit used ranged from PKR. 8,000 to PKR. 150,000. The main sources of informal credit were relatives and friends.
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116. Credit was taken out for multiple purposes, around 62.5% used it to start or improve their business, 26% used it to build or renovate their house and 11.5% used it to meet household requirements and/or pay for unforeseen medical expenses.
3.14 Valuation of business property and machinery assets 117. The average business related structures, assets and machineries are valued at over PKR. 100,000 per DP. The DPs assessed the value of their business property and machineries at around PKR.12,000 for a simple push cart structure to around PKR. 600,000 for those that owned a motorised sugarcane juicer. Not all DPs responded to this question, as they found it difficult to assess the value of their assets or felt uncomfortable answering. Table 16 below shows the average asset value for DP businesses, based on their own assessment.
Table 16: DP business property and machinery assets Value range (PKR) Number of Total value of assets (PKR) Average value of DPs assets (PKR) 5000-25,000 5 60,000 12,000 26,000-50,000 3 131,400 43,800 51,000-150,000 9 716,000 79,556 151,000-250,000 3 600,000 200,000 600,000 1 600,000 600,000 Total 21 2,107,400 100,352 Source: Socio economic survey, December 2018
3.15 Availability of social amenities 118. Public and private educational and health facilities along with public transport, electricity, water and sanitation facilities are reportedly available in the residential areas where the DPs live. The main issue for DPs is their affordability. DPs reported the following access and use of social amenities:
● Around 56% of the DP households are connected to the public water supply system, 37% collect drinking water from outside the household and 7% purchase water tanks; ● Around 50% use flush latrines, 25% use private latrines and the remaining 25% use shared latrines; and ● 38% of DP households are connected to a gas pipeline, while 62% report using liquid gas cylinders for cooking and heating.
3.16 Information sources 119. The main sources of information for the DPs are outlined below:
● DPs reported television as the major source of information for men, women and children. Access to a television is higher among children and male adults as compared to women, as no all DPs have a television in their home; ● Friends and neighbours are the second most cited source of information. This is mostly the case for children and males not as much for women, as they are generally home bound; ● Newspapers were the third most important source of information because many of the DPs are considered illiterate; and ● Social media is also seen as a source of information for those who have access to it, which is not common among the DPs and their families.
3.17 Female participation 120. There are no female DPs and women were reported by DPs to only participate in activities at the household level, mainly caring for children and the elderly. Women do not participate in the vending activities outside of the home but sometimes help in the preparation of food items that the vendor then sells outside the home. Women are not remunerated for these activities and do not count as workers according to DPs.
121. Some of the DPs reported that the women in their families work as domestic servants in houses close to their residential areas. In the FGDs conducted, the DPs admitted that those women working as
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domestic workers contributed around 30% of the total family income. The women working as domestic workers were paid around PKR. 7,000 to PKR. 10,000 per month, which is less than the minimum wage (PKR. 16,500 for 2018/2019).
3.18 Poverty and Vulnerability 122. The DPs and their families are generally considered to be living under the poverty line according to the official poverty line in Pakistan of US$2.09 per person per day (PKR. 295) or in moderate poverty defined as less than US$3.41 a day (PKR. 480), as defined by the World Bank. This would equate to around PKR. 46,000 per month. The socio-economic survey calculated the average monthly income for a DP family to be PKR. 21,500 for single source income families and PKR. 32,000 per month for multiple source income families. With an average household size of six persons, this means the daily income per person per household is less than US$ 2.09 (PKR. 295) for both single source and multiple source income families.
123. The anti-encroachment campaign has increased the vulnerability of the vendors (particularly those located in the ROW) as their situation has become increasingly precarious due to the constant threat of their livelihood being removed and/or destroyed. Moreover, the anti-encroachment campaign has increased the number of temporary vendors, who come to the ROW to escape from the anti-encroachment campaign their actual location, creating greater competition among vendors and driving income levels further down.
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4 Information Disclosure, Consultation and Participation
4.1 Introduction 124. Consultations have been carried out in accordance with the requirements of ADB’s SPS 2009 to fully inform and consult DPs meaningfully on potential resettlement impacts and the mitigation measures to be implemented by the project. The PPTA consultations were conducted from January to October 2015 and included a DP census as well as 24 focus group discussions with women and men. For the PPTA phase, consultations with resettlement related stakeholders introduced the project and discussed design options to seek suggestions as well as options for compensation of structure loses, livelihood restoration and relocation support. This information has fed, where relevant, into this Final RP to build on previous project engagement.
125. The consultations undertaken in 2018 to update the Draft RP were conducted from January to May 2018, at different points in time and with a variety of stakeholders. Additional consultations were conducted to update this Final RP between December 2018 and April 2019, focusing specifically on gathering socio- economic data, understanding the impacts on charitable organisation and those caused by the of the anti- encroachment campaign.
4.2 Objectives of stakeholder engagement on resettlement 126. The objectives of the consultations with DPs and stakeholders are to:
● Improve project design by avoiding social and resettlement impacts, as per ADB’s SPS 2009 guidance; ● Gather DPs' and other stakeholders’ views on the project and address their concerns by implementing suitable mitigation measures; ● Facilitate effective participation of DPs and enable their cooperation in activities required for resettlement planning and implementation; ● Obtain information about the needs and priorities of DPs; ● Facilitate the development of appropriate entitlement options for all DPs; ● Inform DPs about the resettlement process; ● Discuss opportunities for DPs to participate in the project (i.e. employment); and ● Enable transparency in activities related to resettlement issues.
4.3 Consultation with Stakeholders 127. The primary project stakeholders identified for resettlement are DPs that operate static and mobile vending structures (both owners and employees) within the ROW and those with extended structures impinging on the ROW. Other stakeholders identified included the private and public companies along the KBRT corridor, road and public transport users, KMC and SMTA, the district administration, the transport associations, academic institutions and charitable organisations.
128. The survey teams as well the local and international resettlement specialist of the EPCM consultant used several tools for consultations, including key informant interviews, FDGs, distribution of a brochure on resettlement and general discussions with DPs. The resettlement related consultations held at different locations, in or outside the BRT route, were attended by over 496 DPs and other stakeholders. Table 17 outlines the different resettlement consultations held.
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Table 17: Resettlement consultations conducted for the KBRT Project No Date Venue Target Group No. of Participants Male Female Total 1 31 Jan – 1 Feb Various locations along DP discussions 68 0 68 2018 the KBRT Route, including People’s Chowrangi, Jail Chowrangi, Civic Center, Baitul Muqarram Mosque, National Institute of Public Administration (NIPA), Samama, Mosmiyat, Safoora, Model Town 2 24-28 Feb NED University Four public consultations 120 20 140 2018 meetings 3 7 Mar 2018 National Forum for Key informant interview with 1 0 1 Environment and Health, the President of the National Karachi Forum for Environment and Health, Karachi 4 8 Mar 2018 Marriott Hotel, Karachi Key informant interviews with 2 0 2 transport experts and NGO representatives
5 Meeting with Senior 4 0 4 Superintendent of Police and staff, East Karachi 6 9 Mar 2018 Askari Park DP discussion 25 0 25 7 9 Mar 2018 Mosamyat DP discussion 22 0 22 8 12-14 Mar 12 Various locations along DP discussions 50 0 50 2018 the KBRT Route
9 4-12 Apr 2018 Various locations along DP discussions 80 0 80 the KBRT Route 10 12-14 Dec Numaish Socio Economic FDG 12 0 12 2018 11 Askari Park Socio Economic FDG 8 0 8 12 NIPA Socio Economic FDG 15 0 15 13 Safoora Chowrangi Socio Economic FDG 13 0 13 14 8-12 Feb 2019 Safoora Chowrangi DP representatives 48 0 48 15 Mosamyat Key Informant Interviews 8 0 8 16 3 Apr 2019 NIPA and Safoora Consultation with 10 3 13 Chowrangi representatives of charitable organisations Total 473 23 496 Source: EPCM consultant
4.4 Information Dissemination 129. The ECPM team prepared and printed a Resettlement Brochure in English and Urdu, which was provided to all DPs during the DP census in March 2018 and February 2019. The brochure covered the following aspects:
● Project introduction; ● General principles for resettlement compensation; and ● Grievance redress mechanism
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130. The stakeholders consulted along and outside the KBRT route are considered to represent a broad cross section of people who are either directly or indirectly impacted by the KBRT project or who have a specific interest in the resettlement impacts of the project. Stakeholders were given an opportunity to share their views and concerns regarding the project and the proposed resettlement procedures, while some DPs also had the opportunity to point out areas where they preferred to be relocated.
4.5 DPs’ key project and resettlement concerns 131. DPs and other stakeholder respondents identified potential benefits of the project as being: easier transport mode, travel time reduction, better standard of living and improved environment. However, none of the DPs felt that any of these project benefits applied to them, as they were unlikely to use the KBRT Red Line for the livelihood or private activities. Potential adverse impacts identified by stakeholders (non-DPs) included: difficulties in terms of temporary traffic congestion on the route, increased in pollution and increased likelihood of accidents. The main concerns of the DPs were:
● The need for the prompt completion of the construction works to minimise disruptions and delays; ● Avoidance of private land acquisition and demolition of commercial, residential and community structures; ● Adequacy and timely payment of compensation/resettlement and rehabilitation assistance, prior to the start of construction; ● Issuance of legal licenses to DP vendors for the provision of spaces at vendor alternate vending markets; ● Preference for DPs in the allotment of vending spaces proposed within the project footprint, if they are close to their current location and considered affordable; and ● Each vending and extended structure DP employs at least one worker. In the case that they are impacted due to the loss of livelihood by the owner, the project should provide them with compensation and assistance to establish a new livelihood
4.6 Consultation with women 132. Women face cultural and economic obstacles in their participation in public consultations and decision making. These issues are generally exacerbated by their constrained mobility and limited external interactions. There were no women found to be operating a business in the KBRT corridor, therefore none of the DPs are female. Consultations with women were undertaken as part of the development of the project’s Gender Action Plan (GAP) and a few women also participated in the public consultations held in February 2018 and the FDGs held with the charitable organisations, included three women. The EPCM team attempted on various occasions to persuade the DPs to organise women only consultations with the women of their families and households but the DPs did not cooperate. Therefore, no specific consultations were undertaken with the women of the DP households.
4.7 Outcome of consultations 133. Stakeholders were generally aware of the need for an efficient KBRT system and expressed their support for the project. The stakeholders appreciated the GoS’s initiative to improve the public transport system and recognised it to reduce traffic congestion and other road hazards near commercial and residential area along the road. They requested a continuous consultation process at the different stages of the project, namely construction and operation. Stakeholders were told that the KBRT improvement works will only take place within the available
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width of the ROW and no private land will be acquired, no structures will be demolished, and all DP vendors will be sufficiently and promptly compensated according to the extent of impacts. The DPs asked for the resettlement plan and rehabilitation assistance be distributed to them before the start of project works.
4.8 Perceptions of the project 134. The DPs were asked to explain their perceptions of the proposed project. The following points summarise their responses:
● The proposed project will create employment opportunities for the skilled and unskilled workers, but it will cause more unemployment for the vendors due to their displacement. Therefore, the DPs feel that the project will impact them negatively; ● The DPs are not interested in being given priority for employment opportunities with the construction company, as they believe the monthly wage they would receive will be less than their current income (based on what they know of labourers working for the BRT Green Line); ● The construction of the KBRT Red Line may increase the standard of living for commuters but for the DPs, living in the nearby slums, do not believe that the new BRT will add any value or benefit to their lives; ● The DPs do not believe the construction and operation of the KBRT Red Line will increase their income generation activities; and ● The DPs showed concern at the increasing number of vendors moving into an already overcrowded ROW. According to them the construction will only make this worse, as they believe the vending spaces will become scarcer and their vulnerability will increase as a result.
4.9 Options preferred by DPs 135. The DPs expressed keen interest in occupying permanent, formal spaces along the proposed KBRT corridor in proximity of their current location. They asked for secure vending spaces with formal, legal licenses. They also emphasised the allotment process of vending spaces should be transparent to avoid influential people obtaining all the spaces. The EPCM design team and the EPCM local resettlement specialist have identified alternative temporary and permanent vending spaces within the project footprint and outside the ROW to respond to this request, refer to Table 10 in chapter 2 for details.
4.10 Displaced Persons Committee 136. The EPCM’s local resettlement helped facilitate the establishment of location Displaced Persons Committees (DPCs). Two DPCs were formed in February 2019, one for static and mobile vendors located in the ROW and the other for extended structure owners. The DPCs have 30 and 17 members respectively and cover the entire length of the KBRT project. A consultation meeting was held with all DP representatives in February 2019 to discuss their role as part of the DPCs.
4.11 Results of consultations with NGOs
4.11.1 General NGO consultations 137. In March 2018, consultations were conducted with two key local NGOs, which work to provide Karachi citizens with platforms to effectively voice their concerns and take action to improve their living environments. They create public awareness on urban land management, planning and governance issues pertaining to the maintenance of a healthy and secure physical and social environment. These NGOs also work to bring together government officials,
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academics, citizen activists and the media to discuss issues and seek solutions to make Karachi a sustainable, tolerant, healthy and prosperous city.
138. The consulted NGOs are in favour of an efficient public transport system. However, they noted that resettlement processes can be difficult to implement. Particularly in the context of Karachi, there have been several previous projects where resettlement was poorly carried out, thus the KBRT resettlement process will need to be carefully planned and managed. They also highlighted the importance of establishing a sustainable precedent with regards to compensation for mobile pushcart vendors, as poorly managed compensation could adversely affect other projects in the future. The NGOs requested sufficient and timely payments be made to affected vendors and effective consultations and participation of stakeholders be facilitated as part of the project’s resettlement activities.
4.11.2 Consultations with affected NGOs 139. In April 2019, the EPCM consultant conducted consultations with affected charitable organisations located within the ROW or impinging on the ROW. There are a total of seven charitable organisations affected by the project that will be required to remove, dismantle or move their structures (partially or entirely) from within the ROW or from the edge of the ROW. The charitable organisations provide a variety of services including food distribution, health services and skills training for handicapped people.
140. The charitable organisations all stated that they would be able to find new locations throughout the city, even close by to where they are currently located, as there is much need for their services throughout the city. Therefore, all charitable organisations will relocate themselves and find a convenient space that works for them. As the charitable organisations will all self- relocated, are losing similar structures and will all require the same removal and re-installation costs, it has been decided that a lump sum payment of PKR. 100,000 will be provided to all of them. All representatives that were consulted in April 2019 felt that this was adequate replacement value and would enable them to re-instate their services elsewhere.
4.12 Addressing stakeholders’ resettlement concerns 141. The DPs’ and stakeholders’ concerns and suggestions have been incorporated in this Final RP, as well as the Environmental Management Plan (EMP) and the GAP and will be implemented as an integral part of the Project activities. Table 18 summarises how concerns raised by stakeholders are to be addressed.
Table 18: Summary of concerns raised and how they will be addressed Concerns raised by the DPs / Actions incorporated in the Responsibility during Recommendations RP and Environmental project and RP Management Plan to address Implementation DPs’ concerns and the recommendations The businesses in commercial markets should The GoS has adopted an approach Land Acquisition and not be affected due to project activities, except to restrict the KBRT upgrade within Resettlement Specialist SMTA the DPs who will be compensated for income the available width of ROW. Due to Resettlement Specialist losses. this approach, displacement TransKarachi impacts are minimised. However, the DP vendors found within the ROW will be sufficiently and promptly compensated, as they will lose their livelihoods.
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Concerns raised by the DPs / Actions incorporated in the Responsibility during Recommendations RP and Environmental project and RP Management Plan to address Implementation DPs’ concerns and the recommendations Affected DPs should be provided business SMTA and TransKarachi will allow Land Acquisition and spaces to continue their business activities after affected DPs to re-establish their Resettlement Specialist SMTA the construction phase. businesses at similar locations or Resettlement Specialist newly established vendor markets TransKarachi through issuance of legal licenses and the provision of legal temporary and permanent vending spaces. Construction of the project should be strictly This approach has been adopted Land Acquisition and within the available width of ROW. by SMTA Resettlement Specialist SMTA Resettlement Specialist TransKarachi Contractors Resettlement Specialist Project Management and Construction Supervision Consultant (PMCSC) Avoid dismantling of commercial, residential or To the extent possible, dismantling Land Acquisition and community structures. of structures is going to be avoided; Resettlement Specialist SMTA however, it is still anticipated that Resettlement Specialist small portions of structures at the TransKarachi edge of the ROW will be affected. Resettlement Specialist The 223 affected DPs will be PMCSC provided compensation for these structures. The affected DPs should be sufficiently and The DPs will be adequately and Land Acquisition and timely compensated against their income sufficiently compensated by Resettlement Specialist SMTA losses. following principles of ADB SPS Resettlement Specialist 2009 principles. TransKarachi Resettlement Specialist PMCSC Construction of safe bus stations and transport Construction of safe bus stations Contractor particularly for women and children should be and transport is ongoing and is the PMCSC designed to minimise harassment overall aim of the project Safety for commuters, particularly women and Traffic measures, including Contractor children, should be ensured during construction information and warning signs, Operator’s Design and signals, traffic diversion and flow Business Model (ODBM) markings will be installed to ensure PMCSC pedestrians are safety during the construction and operation stages. Proper facilities like bus stations and parking The EPCM has foreseen this in the Contractor areas should be built at suitable locations. detailed design of the project. PMCSC Tree planting should be done along the road. A landscaping plan will be Contractor developed for the project. A tree ODBM planting program will be designed PMCSC to offset anticipated loss of trees during construction activities and to help abate pollution caused by emissions and dust during KBRT operations. Provide drainage along the road A drainage system will be designed PMCSC for the route Contain dust to construction area A dust management plan will be Contractor developed and implemented PMCSC Stakeholder consultation should be an integral Stakeholder consultation has been Land Acquisition and part of the resettlement process. and will continue to be an integral Resettlement Specialist SMTA part of project implementation. Resettlement Specialist TransKarachi
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Concerns raised by the DPs / Actions incorporated in the Responsibility during Recommendations RP and Environmental project and RP Management Plan to address Implementation DPs’ concerns and the recommendations Resettlement Specialist PMCSC Proper arrangements should be made for A temporary traffic management Contractor smooth and uninterrupted flow of traffic passing plan has been developed and will PMCSC through the road during construction works, be implementation throughout
with minimal disruptions. construction Proper arrangements for storage of Designated areas for material Contractors construction materials during the construction storage will be fixed by the Resettlement Specialist phase. contractor. The EPCM PMCSC Resettlement Specialist will review that these do not interfere with any structures on the route Regular removal of waste material from the The EPCM will review the removal Contractors ROW during the construction phase. of waste materials undertaken by EPCM the contractor
4.13 Information Disclosure 142. The public version of this Final RP (with sensitive information redacted) will be made available at key accessible and convenient locations such as the offices of KMC, SMTA, TransKarachi, city district government, to DPCs and other places convenient for the DPs. This Final RP has been updated following the near finalisation of the detailed design (March 2019) and is endorsed by SMTA. The SMTA is responsible to submit this Final RP to the ADB for approval. After the approval of the ADB, this Final RP will be again disclosed on the TransKarachi and SMTA websites as well as that of the ADB. The previous Draft RP was disclosed on the ADB website in June 2018.
143. A summary of this Final RP will be translated into Urdu in the form of an information brochure and will be disseminated to the DPCs, the DPs and their households as part of the implementation phase.
4.14 Consultation and participation during RP implementation 144. A continued process of consultation during the implementation of this RP and construction will be followed to:
● Facilitate transparency in the implementation of this RP; ● Keep the stakeholders and DPs informed and actively participating in the process of the RP implementation; and ● Receive stakeholders’ and DPs’ feedback at various stages of project implementation.
145. The SMTA and TransKarachi will continue the public consultation process during the implementation of this RP. The following actions will be undertaken:
● Maintain contact with DPCs, DPs and other stakeholders to record and address their concerns relating to the implementation of this RP and construction related works;
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● Organise public meetings particularly with DPs and ask them about the implementation progress of this RP, particularly on the payments of compensation and resettlement assistance; and ● Support vulnerable DPs to facilitate their full participation in the resettlement process and entitlements. Include details and outcomes of consultation activities in bi-annual and annual monitoring reports and disclose all monitoring reports of the RP implementation to the DPs and the public. 146. The above mentioned actions will be implemented through the consultation plan in Table 19.
Table 19: Preliminary consultation plan Activity Target Type of Objectives of Responsibility Time Budget stakeholder consultation the activity Frame Source At least 12 meetings DPs Information -Disclose aspects of the SMTA Q1 of Project for sharing key aspects sharing of RP, updated RP and TransKarachi Year 1 of this RP consultation on distribute brochure. PMCSC (month 1) and planning for development of - Agree on scheduling
disbursement of micro plan for disbursement of compensation / disbursement resettlement assistance resettlement of compensation/ and its mechanism assistance resettlement assistance At least two DP vendors Information sharing -Sharing key aspects SMTA Q1 of Project consultation and consultations of RP TransKarachi Year 1 workshops with DP -Agree on resettlement PMCSC (month 2) vendors at locations processes and self-
along the corridor relocation -Introduction of provisions of temporary relocation. Fortnightly meetings DPs To get feedback on - Immediate resolution SMTA On-going Project with DPs at project site social, of social and TransKarachi on resettlement resettlement issues PMCSC resettlement and and/or before they become
rehabilitation issues compensation serious or turn into related issues grievances Source: EPCM consultant
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5 Resettlement Policy, Legal Framework and Entitlements
5.1 Policy Framework 147. The KBRT Red Line project involves involuntary resettlement and relocation of DPs. This RP has been produced to comply with national legislation and the requirements of ADB’s Safeguard Policy Statement (SPS) 2009. The legal framework and lender’s requirements are discussed in more detail in this chapter.
5.2 Legal Framework
5.2.1 5.2.1 The Constitution of Pakistan 148. There are two key articles provided in the Constitution of Pakistan that relate to land acquisition and resettlement. Article 23 of the constitution establishes the right of every citizen to acquire, hold and dispose of his or her property in any part of Pakistan and Article 24 of the constitution relates to the protection of property rights and has direct relevance to the project. The following key clauses form the basis of the law formulated for acquisition of property for public purposes:
● No person shall be compulsorily deprived of his property save in accordance with law; and ● No property shall be compulsorily acquired or possession taken except for in the case of a public purpose, and only by the authority of law which provides the compensation. The authority of law will either fix the amount of compensation or specify the principles upon, and the manner in, which compensation is to be determined and given.
5.2.2 Land Acquisition Act 1894 149. The GoS’s current law and regulations governing land acquisition for a public purpose is the Land Acquisition Act (LAA) of 1894 with successive amendments. The LAA regulates the land acquisition process and enables the federal and provincial governments to acquire private land for public purposes. The LAA comprises 55 sections pertaining to: area notifications and surveys, acquisition, compensation and apportionment of awards, dispute resolution, penalties and exemptions. Table 20 provides a summary of the relevant sections of the LAA.
Table 20: Relevant sections of the LAA 1894 and its successive amendments Section Description Section 4 Mandates publication of a preliminary notification (called a Section 4) in the official Gazette. This notice gives appointed officers the power to enter land for the purposes of conducting survey and other tests. Section 5 Requires formal notification of land needed for a public purpose allows for land demarcation and a survey of the affected person’s assets. Affected people may raise objections in writing within 30 days of notification under section 5. Section 5-A Covers the need for enquiry and stakeholder consultations. Section 6 Requires the government to make a more formal declaration of intent to acquire land. Stakeholders consultations are prescribed and a District Price Assessment Committee (DPAC) assessment of rates District Price Assessment Committee (DPAC) undertakes an assessment of rates. Section 7 Mandates the Land Commissioner to direct the Land Acquisition Collector (LAC) to demand the acquisition of the land. Section 8 Directs the LAC to identify which land is required to be physically demarcated, measure and planned.
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Section Description Section 9 Requires the LAC to give notice to all resettlement affected people of whose land the government intends to take possession. If the resettlement affected people have any claims for compensation, then these claims are to be made to the LAC at a specific time. Section 10 Delegates of the resettlement affected people liaise with the LAC to record statements of the affected people in the area where land is to be acquired, including co-proprietor, sub-proprietor, people with mortgages and tenants. Section 11 Enables the LAC to make enquiries into the measurements, value and claim and then issue the final “award" to the affected people. The award includes the land's demarcated area, the valuation of the land and the total compensation amount. Section 16 When the LAC has provided an “award” under Section 11, the LAC is allowed to take possession of the land and transfer it to the government, free from all encumbrances. Section 17 In cases of urgency, the government is allowed to take possession of any land needed for public purposes or for a company. Such land will then belong to the government, free of all encumbrances. Section 18 In case of dissatisfaction with the “award”, the resettlement affected people are allowed to request that the LAC refer their case to a court for decision. This does not affect taking possession of the land by the government. Section 23 Identifies the “award“of compensation for the owners for the acquired land is to be determined at its market value plus a 15% increase given the fact that it is government led land acquisition for public purposes. Section 28 Relates to the determination of compensation values and interest premium for land acquisition. Section 31 Provides that the LAC can, instead of awarding cash compensation for land, come to an agreement with the resettlement affected person and provide land for land compensation instead. Source: LAA 1894
150. The LAA does not mandate resettlement assistance or provide any rehabilitation provisions for non-title holders such as vendors and their employees, who are considered severely affected DPs. The LAA only provides compensation and livelihood support to legal owners and tenants registered with the Land Revenue Department or with formal lease agreement. All of the DPs identified as affected by the KBRT Red Line project are considered non-titled holders (NTHs).
151. If occupants who claim to be land owners do not have any written land titles as required by the LAA that confirmation can be provided by a court of law. This is common practice in Pakistan and accepted by the local administration. For development projects in Sindh financed with international funds, NTHs have to be paid compensation and provided assistance for loss of income and assets. Examples of such project are those funded by ADB, World Bank and other institutions in transport, energy, and urban sector projects.
152. Grievance redress is prescribed in the LAA. Accordingly, DPs not satisfied with any aspect of the resettlement procedure, including eligibility to compensation, compensation of land, compensation of structures and land acquisition have the right to file a petition against the project sponsor in the higher courts. If a DP is not satisfied with the outcome of their grievance, they will have the right to approach the concerned court of law as per section 18 of LAA.
5.2.3 Sindh Public Property bill (2010) 153. Under this Bill, a special task force can be established to remove illegal encroachment on public property. Moreover, dedicated courts can be established to take legal action against people who have taken illegal possession of government land. These courts are able to verify the status of the concerned land and determined its owner. To avoid illegal encroachments from occurring following the implementation of this RP, the SMTA in collaboration with the City District Government will provide continuous oversight and reinforcement to facilitate the BRT corridor to remain free from illegal encroachments as outlined in the Sindh Public Property (Removal of Encroachment) Bill.
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5.3 ADB Safeguard Policy Statement 2009
5.3.1 ADB Safeguard Policy Principles 154. The ADB's Safeguard Policy Statement (SPS) 2009 comprises three safeguard policies, including one on involuntary resettlement which aims to:
● Avoid involuntary resettlement wherever feasible; and ● Minimise resettlement where population displacement is unavoidable by exploring all viable Project options 155. However, if resettlement is not unavoidable following careful consideration of all design options, the individuals or communities who lost their land, means of livelihood, social support systems, or way of life should be:
● Compensated for lost assets as well as loss of income and livelihood; ● Assisted for relocation; ● Assisted so that their economic and social future will generally be at least at the same level as the without-project situation; ● Provided with appropriate land, housing, infrastructure, and other compensation, comparable to the without-project situation; and ● Fully informed and closely consulted on resettlement and compensation options. 156. The ADB’s SPS 2009 also specifies that the lack of formal, legal land titles is not a requirement for compensation, which is a distinct difference to the LAA, as outlined previously. The ADB's safeguard requirements on involuntary resettlement cover physical displacement (relocation, loss of residential land or loss of shelter) and economic displacement (loss of land, assets, access to assets, income sources or means of livelihoods) as a result of involuntary acquisition of land, involuntary restrictions on land use or on access to legally designated parks and protected areas. The SPS covers all affected people, whether the losses and involuntary restrictions are full or partial, permanent or temporary.
157. The policy principles that need to be implemented are to:
● Screen the project early on to identify past, present, and future involuntary resettlement impacts and risks. Determine the scope of resettlement planning through a survey and/or census of DPs, including a gender analysis (where applicable), specifically related to resettlement impacts and risks; ● Carry out meaningful consultations with displaced and other affected persons, host communities, and concerned non-governmental organizations. Inform all displaced persons of their entitlements and resettlement options. Ensure their participation in planning, implementation, and monitoring and evaluation of resettlement programs. Pay particular attention to the needs of vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, Indigenous Peoples, and those without legal title to land, and ensure their participation in consultations; ● Establish a grievance redress mechanism to receive and facilitate resolution of the displaced/affected persons’ concerns. Support the social and cultural institutions of displaced persons and their host population. Where involuntary resettlement impacts and risks are highly complex and sensitive, compensation and resettlement decisions should be preceded by a social preparation phase; ● Improve, or at least restore, the livelihoods of all DPs through: (i) land-based resettlement strategies when affected livelihoods are land based where possible or cash compensation at
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replacement value for land when the loss of land does not undermine livelihoods, (ii) prompt replacement of assets with access to assets of equal or higher value, (iii) prompt compensation at full replacement cost for assets that cannot be restored and (iv) additional revenues and services through benefit sharing schemes, where possible; ● Provide physically and economically displaced persons with assistance, including the following: (i) if there is relocation, secured tenure to relocation land, better housing at resettlement sites with comparable access to employment and production opportunities, integration of resettled persons economically and socially into their host communities, and extension of project benefits to host communities; (ii) transitional support and development assistance, such as land development, credit facilities, training, or employment opportunities; and (iii) civic infrastructure and community services, as required; ● Improve the standards of living of the displaced poor and other vulnerable groups, including women, to at least national minimum standards. In rural areas provide them with legal and affordable access to land and resources, and in urban areas provide them with appropriate income sources and legal and affordable access to adequate housing; ● Develop procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlement to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihood status; ● Ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of non-land assets; ● Prepare a resettlement plan elaborating on displaced persons’ entitlements, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time-bound implementation schedule; ● Disclose a draft resettlement plan, including documentation of the consultation process in a timely manner, before project appraisal, in an accessible place and a form and language(s) understandable to displaced/affected persons and other stakeholders. Disclose the final resettlement plan and its updates to displaced/affected persons and other stakeholders; ● Conceive and execute involuntary resettlement as part of a development project or program. Include the full costs of resettlement in the presentation of project’s costs and benefits. For a project with significant involuntary resettlement impacts, consider implementing the involuntary resettlement component of the project as a stand-alone operation; ● Pay compensation and provide other resettlement entitlements before physical or economic displacement. Implement the resettlement plan under close supervision throughout project implementation; and ● Monitor and assess resettlement outcomes, their impacts on the standards of living of displaced persons, and whether the objectives of the resettlement plan have been achieved by taking into account the baseline conditions and the results of resettlement monitoring. Disclose monitoring reports.
5.4 Gaps between LAA of Pakistan 1894 and ADB’s SPS (2009) 158. Table 21 summarises the key differences between the LAA and ADB’s SPS 2009 and outlines the measures that need to be taken by the GoS and the ADB to address these gaps.
Table 21: Gap analysis and corrective actions between LAA 1894 and ADB’s SPS 2009 Pakistan LAA 1894 ADB SPS 2009 Measures to Address the Gap Compensation for land and other Compensation for land and Land valuation will be based on current assets is based on average values other assets is based on replacement (market) value with an and department unit rates that do replacement cost. In addition to additional payment of 15% of the final not ensure replacement market this transaction cost and other land value price. The valuation for the
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Pakistan LAA 1894 ADB SPS 2009 Measures to Address the Gap value of the property acquired. related expenses must be acquired land and other assets is the full However, LAA requires that a 15% provided without deducting replacement costs keeping in view a fair compulsory acquisition surcharge be anything for depreciation. market value transaction costs and other added to the assessed applicable payments that may be compensation. required. No provision for resettlement Requires support for Provisions should be made to pay for expenses, income/livelihood rehabilitation of income and resettlement expenses (transportation rehabilitation measures or livelihoods, severe losses and and transitional allowances), allowances for DPs or vulnerable particular attention is paid to compensate for loss of incomes and groups. vulnerable groups. provide support to vulnerable people and those severely impacted (those who have lost more than 10% of their productive assets). Lack of formal title or the absence of Despite a lack of formal title, a Squatters, informal tenants / legally constituted agreements DP can still be compensated leaseholders are entitled to means that DPs have no access to and receive rehabilitation compensation for loss of structures, non- compensation and rehabilitation assistance. All DPs, including land asset, and livelihood restoration assistance. Squatters and informal non-titled DPs, are eligible for and relocation assistance. tenants/ leaseholders are not compensation of all non-land entitled to compensation for loss of assets. structures, crops or other assets. The land acquisition and Involuntary resettlement is The responsible Executing Agency (EA) compensation process is conducted conceived, planned and will prepare a resettlement plan, as part independently by the Land executed as part of the project. of the project preparation. This RP will Acquisition Collector, following a DPs are supported to re- be based on an inventory of losses, lengthy legal and administrative establish their livelihoods and livelihood restoration measures, procedure. There are emergency homes with time-bound actions Pakistani laws and principles outlined in provisions in the legal procedure that in coordination with the civil ADB’s SPS 2009. Where gaps exist in can be leveraged for civil works to works. Civil works should not the interpretation of Pakistani laws and begin prior to compensation being commence prior to the ADB’s involuntary resettlement provide to all DPs. compensation being provided policy, the ADB’s policy will prevail. Civil to all DPs. works may only proceed after the resettlement plan is implemented and compensation for losses of assets and other allowances (budgeted as part of the Project cost) are fully paid. No simple grievance redresses Requires the establishment of The EA will establish an easily mechanism, except for recourse of an easily accessible grievance accessible grievance redress appeal to the formal administrative redress mechanisms to receive mechanism available throughout the jurisdiction or the court of law, are and facilitate the resolution of Project implementation that will be foreseen. all DPs’ concerns regarding widely publicised within the Project area their displacement and other and amongst the DPs. impacts, particularly as it relates to compensation. Source: Adapted from the PPTA, 2016
5.5 Resettlement principles adopted for the KBRT project 159. This Final RP has been developed based on the national legal framework and ADB’s SPS 2009. The core involuntary resettlement principles for this project are: ● Land acquisition and other involuntary resettlement impacts will be avoided or minimised exploring all viable alternatives of the project design; ● Where unavoidable, a time-bound RP will be prepared and DPs will be assisted in improving or at least regaining their pre-project standard of living; ● DPs will be eligible for provision of livelihood restoration assistance; ● Consultations with DPs on compensation and resettlement options, disclosure of resettlement information to DP and participation of DPs in planning and implementation of Project resettlement activities will be facilitated; ● Payment of compensation to DPs will be provided for any acquired assets at replacement cost (current market value plus transaction fees);
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● DPs who are NTHs will be compensated according to the eligibility criteria based on the types of losses; ● Vulnerable groups and severely affected DPs will be provided special assistance; ● Payment of compensation and resettlement assistance will be completed prior to the contractor taking physical possession of the land and prior to the commencement of any construction activities; and ● Grievance redress, internal and external monitoring, and reporting mechanisms will be established.
5.6 Eligibility 160. Eligibility to receive compensation and resettlement assistance is limited by a cut-off date set by the project and is typically linked to the resettlement surveys undertaken. The initial DP census conducted in 2018 had a cut-off date of 14 March 2018 and the final cut-off date following the latest DP census is 15 March 2019. If DPs identify that they were not included in the final DP list, they will be asked to provide attested copies of their NIC cards signed by the elected representative of the city government. Their identification as a DP will also need to be verified by a minimum of three other DPs above the age of 18 years. TransKarachi will have the ultimate responsibility for the verification process. People moving into the project corridor after the cut-off date will not be eligible for compensation and/or other assistance. The March 2018 and February 2019 census of DPs registered a total of 697 DPs and 77 public, private and charitable structures. Table 22 provides a summary of the DPs and public, private and charitable structures identified.
Table 22: Summary of DPs and public, private and charitable structures No Type of structure Total No of structures Brief description Extended structure vendors 1 103 Semi permanent structures 223 DPs with extension of minor 120 Mobile structures structures from commercial buildings into the ROW. Static and mobile vendors 2 35 Semi permanent structures 275 DPs whose vending structures 240 Mobile structures are located within the ROW Governmental and large corporate structures 3 70 permanent and semi-permanent 70 Structures owned by public and structures private organisations. Charitable organisations 4 7 Semi permanent structures 7 Structures that are impinging on the ROW or located in the ROW used by charitable organisations Employees 5 128 Workers (extended structures) 199 Workers employed by extended 71 Workers (static and mobile structures and static and mobile vendors) vendors Total 774 Source: DP census March 2018 and February 2019
5.7 Unit rates for resettlement support and allowances 161. The compensation rates against loss of land and structures were determined on the basis of replacement cost without depreciation and transaction costs to ensure replacement of lost assets with assets of equal value without additional expenses. The compensation for affected portions of the semi-permanent structures impinging on the ROW was calculated at a value of
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PKR. 25,000. This amount was discussed with extended structure DPs during consultations and was agreed to be an adequate replacement value for the structures that would need to be replaced. Given the constant changes on the ground due to the anti-encroachment campaign and the fact that many extended structures have already been lost or transformed, providing all extended structure owners, independent of their current situation, a lump sum payment for their structure is the most adequate solution in the current environment. As there are currently no access restrictions foreseen for extended structure DPs and their workers, thus only structures impinging on the ROW will be compensated; however, should this situation change then DPs can claim up to three months of average monthly income (based on the FDGs and DP census information) of PKR. 55,000. This was determined based on feedback provided by the EPCM’s technical team regarding the construction schedule. The workers of the extended structures can claim the same income loss and allowances as the workers of the static and mobile vendors (outlined below in this section).
162. For the static and mobile vendors who have semi-permanent structures, the same approach is proposed. The structures have been valued at PKR. 20,000 which following discussions with static and mobile vendor DPs is also considered adequate replacement value.
163. A severely affected persons’ allowance will also be provided to workers of static and mobile DP, as they are considered to be living in extreme poverty and stand to lose their entire livelihood, as they have no business of their own. The allowance has been calculated as two months of minimum wage (PKR. 20,000) which equals PKR. 40,000 (the minimum wage rate has been adjusted for the foreseen increases between 2019-2020).
164. A vulnerability allowance will be provided to static and mobile DP vendors and their workers, calculated at two months of minimum wage (PKR. 20,000) which equals PKR. 40,000. Based on the socio-economic survey, the static and mobile vendors and their workers are considered vulnerable based on their level of income, the fact that they all live under the poverty line, their living standards and their sole income earner status. Allowances for vulnerable and severely affected DPs are provided to help address risks of hardship or impoverishment that these DPs face because they are less likely to adapt to new circumstances without assistance.
165. The static and mobile vendors that will need to relocate their structure will be provided a shifting allowance, that is to be used for transportation costs involved in moving the structure. Transportation costs have been estimated on average at PKR. 2,500, based on truck rentals available in Karachi around the ROW.
166. The unit cost for the transitional livelihood allowances, that accounts for the potential loss of income for static and mobile DP vendors and their workers, is calculated based on the results of the socio-economic and the census surveys. In consultations with the DPs, it is likely that even in the transition period they will be able to obtain some income; however, it might be less than what they normally receive per month (however as income fluctuates heavily for these vendors, this is difficult to determine). Therefore, the DP vendors and workers will receive a transitional livelihood allowances of three-months minimum wage rate of PKR.20,000 per month (PKR. 60,000 in total). For the DP vendors that chose to self-relocate rather than to move to one of the temporary or permanent vending spaces identified by the project, will be entitled to another transitional livelihood allowances of three-months minimum wage rate of PKR.20,000 per month, as it is anticipated that their re-installation could take longer.
5.8 Entitlement Matrix 167. Table 23 is the entitlement matrix designed to identify the entitlements for all eligible DPs, regardless of formal legal rights. The entitlements are provided to compensate DPs for their
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losses and help restore their livelihood, particularly those who are non-title holders and vulnerable. Livelihood restoration options described in more detail in chapter 6.
Table 23: Entitlement Matrix No Category Type of Loss Eligibility Entitlement Compensation Policy 1 Loss of semi- Permanent loss Structure owners, Compensation for Cash compensation at replacement cost for permanent, for semi- titled and non-titled, semi-permanent / structures. The compensation has been commercial permanent / and in case of static structures calculated on average for extended residential, and static structures community structures at PKR. 25,000, based on an community structures the average value of the materials used and the structures members of the size of the structures and PKR. 20,000 for committee semi-permanent structures of static and mobile vendors, also based on an average
value of the materials used and the size of the structures. Due to the changes on the ground caused largely by the anti-encroachment campaigns, many extended structures have already been removed or have been transformed. Therefore, all DPs that had structures will be provided a lump-sum payment, independent of the status of their current structure and including those DPs no longer found in the ROW who had been previously registered in the March 2018 DP census. SMTA will request public and large private entities with structural portions impinging into ROW to voluntarily sign a compensation waiver to self-fund removal or relocation of the affected portion. If more than 25% of the building’s floor area is affected, cash compensation will be computed for the entire building/structure without deducting depreciation. Salvaged materials will be the property of the owner. 2 Loss of Permanent loss DP static and mobile 12 months’ rent Provision of permanent vending space by business/livelihood of location of vendors and their payments for SMTA and TransKarachi at the BRT stations activities vending workers temporary and through the issuance of commercial location permanent vending licenses. Rental payment for the vending space for the first 12 months will be waived spaces (owners) by TransKarachi or if a payment is required then a provision has been made for 12 months for all DP vendors. For static and mobile DP vendors who do not wish to relocate to a provided temporary or permanent space, will receive a self- relocation allowance. This allowance will account for 3 months official minimum wage rate PKR 20,000 (total of PKR. 60,000) to help DPs to establish a new business. Temporary loss Provision of temporary alternative locations of location of by SMTA and TransKarachi to continue vending vending activities during construction. Rental location payment for the vending space for the first 12 months will be either be waived or if a payment is required then a provision has been made for 12 months for all DP vendors. 3 Loss of business or Permanent loss DP static and mobile Transitional Any static or mobile DP vendor that can be employment income of livelihood / vendors and their livelihood relocated to an alternative permanent source of workers restoration vending location will receive 3 months official income allowance minimum wage rate PKR 20,000 (total of PKR. 60,000) to facilitate their transition. The worker of static and mobile vendors, who do not wish to relocate with their current
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No Category Type of Loss Eligibility Entitlement Compensation Policy employer will receive a self-relocation allowance. This allowance will account for 3 months official minimum wage rate PKR 20,000 (total of PKR. 60,000) to help DPs to establish a new business. Workers also receive a 3 months official minimum wage rate PKR 20,000 (total of PKR. 60,000) to make up for income losses. Workers who relocate with their current owners are also entitled to the 3 months of income loss compensation. Notification to vacate will be provided 30 days in advance of civil works. 4 Loss of business or Temporary loss DP vendors of Provisions for Currently no access restrictions or employment income of income due extended structures access restrictions disruptions that will cause loss of income for to access and their workers for extended extended structures is foreseen; however, a restrictions or structure DPs provision has been included for extended disruptions structure DPs to be entitled to temporary income loss support due to construction induced disturbances for up to 3 months. The income support receive will be up to 3 months of average monthly income (calculated based on information provided from FDGs and DP census) PKR. 55,000 (total of PKR.165,000) to make up for income losses. DP extended structures workers will be entitled to 3 months official minimum wage rate PKR 20,000 (total of PKR. 60,000) to account for income losses while they find a new employment opportunity. 5 Shifting allowance Loss of existing Static and mobile Transport and One-time financial assistance of PKR. 2,500 business space DP vendors moving allowance for transportation of semi-permanent or temporary structures. 6 Vulnerable DP Stability Static and mobile Rehabilitation One-time lump sum vulnerability assistance allowances DPs and their assistance will be provided to all static and mobile workers vendors and their workers at 2 months Workers of extended official minimum wage rate PKR 20,000 structure DPs (total of PKR. 40,000). This includes 275 DP vendors and 71 workers. Preferred access to temporary and permanent employment during construction or operation of the project, where feasible. 7 Severely affected Stability DPs living under the Rehabilitation One-time lump sum of severe impact allowance DPs poverty line Assistance allowance will be provided to the 71 workers of static and mobile vendors, who are currently considered to be living under the poverty line and who will be losing their livelihood. The lump sum is calculated at 2 months official minimum wage rate PKR 20,000 (total of PKR. 40,000). 8 Moving and re- Loss of Charitable Re-installation A one-time lump sum of PKR. 100,000 will instatement structure and organisations allowances be provided to all seven charitable allowance location organisations found in the ROW. The includes a lump-sum for 9 Unidentified / Any Affected DPs Mitigation Any unanticipated/unforeseen or unidentified unanticipated unanticipated impacts shall be documented and mitigated impacts /unidentified by TransKarachi based on the principles of losses ADB SPS 2009 and a suitable resolution is to be found. 10 Absentee DPs Loss of income Affected vendors Payment of entitled TransKarachi with support from the EPCM compensation will work hard to identify and find all absentee DPs. In case of their non- availability, the TransKarachi and SMTA will
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No Category Type of Loss Eligibility Entitlement Compensation Policy notify the affected absentee vendors to enable them to salvage their structure. Their entitled amounts will be placed in a designated bank account and can be collected by them once they have presented their NICs as a proof of identity and have 5 other DPs confirming their use of the ROW. 11 Public utilities Shifting of Public utilities Replacement cost SMTA will pay the relocation cost to the electric poles, owning affected for re-establishing relevant companies, currently estimated to transmission infrastructure services be PKR. 3,176,000. lines, telephone poles and lines, water supply and drainage Source: EPCM consultant
5.9 Non-eligible vendors 168. The assessment of social impacts conducted by the EPCM team found some vendors were not eligible for compensation. These individuals can still operate their businesses without any loss of income or assets. These include:
● Mobile vendors who move around the ROW and are only periodically found on the route of the KBRT; ● Vendors who have moved into the ROW due to the anti-encroachment campaign in the recent months but who are not permanently located in the ROW; and ● Businesses located at the edge of the ROW who are impinging into the ROW due to their merchandise, chairs, tables and kitchens outside where these items are placed to attract customers or increase the number of people that can be attended to but then after working hours store all items in their business space outside the ROW.
5.10 Provision of parking spaces 169. The EPCM team has identified 1,130 new parking spaces for both cars and motorbikes that are all included in the design of the ROW.
5.11 Relocation of affected public utilities and charity structures 170. The project will impact 77 public utilities, of which seven are charitable organisations, details can be found in chapter 2 in Table 6. The project will pay for the relocation of the charitable structures and the complete reinstallation of their services at an alternative location (the organisations will choose their own locations. The project has also allocated an amount as part of the PC1 document for the relocation of all public entities. The large private corporations will be instructed by the SMTA to remove their structures at their own costs prior to construction commencing.
5.12 Mitigation of access restrictions 171. There will be temporary impacts on mobility and access of the full range of road users due to construction of the KBRT project. These impacts have been outlined in the Traffic Management Plan (TMP) established for the project. The TMP will guide the contractor to compile a site specific TMP and also provides drawings for the different scenarios along the route to help identify potential mitigation measures. A traffic accommodation specification and the bill of quantities will be incorporated into the contract document under the relevant sections. The specification will be used to pay the contractor for the traffic accommodation measures, amongst
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others, a dedicated Traffic Safety Officer and vehicle solely dedicated to this function. Penalties for non-conformance of traffic management, time delays (in not responding to traffic issues), and late occupation of lanes will be written into the contract data section of the document.
172. It is currently not foreseen that there will be any access restriction for businesses at the side of the ROW (which are the extended structure vendors identified in the RP) as the construction will be phased and at no point will the road be completely closed off. The construction phase affecting the extended structures is when construction will start on the sidewalk; however, even then it is not anticipated that shopfronts would be fully closed at any point. A contingency amount has however been provided for any DP (vendor and worker) to claim should their access be restricted beyond what is currently foreseen (refer to the resettlement budget in chapter 9).
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6 Livelihood Restoration
6.1 Introduction 173. Livelihood restoration activities have been identified to assist DPs to retain or improve their livelihoods following the economic displacement impacts caused as a result of the project. This chapter discusses the guiding principles of the livelihood restoration program and the proposed activities.
6.2 General Principles of the Livelihood Restoration Program 174. The general principles for planning and implementation of livelihood restoration activities are:
● The livelihood restoration activities must comply with ADB SPS 2009, which requires to improve, or at least restore, the livelihoods of displaced persons and improve the standards of living of the displaced poor and other vulnerable groups; ● Priority in provision of livelihood restoration assistance will be given to vulnerable groups within the DPs; ● The program is planned for participation of DPs or alternative household members (including females) in the livelihood restoration activities; ● The program will leverage use of available resources, incorporating government and NGO run programs; ● Development of livelihood restoration activities is undertaken in collaboration with DPs. Their suggestions and feedback will be integrated into LRP implementation; ● Activities will be feasible, affordable and suitable to the needs of the DPs; ● The participation of the DPs is purely voluntary; ● Transparent information will be disseminated about the livelihood restoration activities; ● Monitoring and evaluation of the implemented activities and their resulting impacts will be recorded and reported; and ● Complaints and disputes will be treated swiftly, fairly and transparently using the grievance redress mechanism.
6.3 Relocation of vending businesses
6.3.1 Alternative vending spaces outside the ROW 175. The main livelihood restoration activities will be to provide temporary and permanent vending spaces for DP vendors during the construction and operation phases to enable them to continue their livelihood. To this end the EPCM resettlement specialist has identified five alternative vending spaces located on public land (refer to Table 10 for details).
176. Prior to relocating vendors to these sites, TransKarachi’s resettlement specialist will need to confirm:
● The suggested plots are available and the land owner has given their consent for the areas to be used as temporary or permanent vending sites for DPs; ● The empty land areas are free from disputes;
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● The land area has sufficient space to accommodate the DPs and the already established markets; and ● The land owner will waive the first year of rental cost for the DP (there is a provision in the resettlement budget in case the DPs do not receive this waiver).
6.3.2 Alternative vending spaces within the project footprint 177. In addition to the five alternative vending spaces identified outside of the ROW, there are 334 vending that will be created within the project (refer to Table 11 for details). The final allocation of these spaces will be decided once TransKarachi is operational and a decision has been made what the spaces will be used for and how much revenue will be required to be generated from them.
6.3.3 Budget for rent payments for alternative vending spaces 178. The livelihood restoration budget (Table 28) contains a provision for 12 months’ rent for a temporary and also for a permeant vending space (should the DP need to move) to allow the DP to re-establish his livelihood without the pressure of paying rent immediately. The final number of DP vendors entitled to receive access to such an alternative space is 6972. Once the final number of spaces have been verified and confirmed by the resettlement specialist of TransKarachi, the eligible DPs will be able to be accommodated.
6.3.4 Budget for self-relocation 179. Vendors who wish to relocate to a vending space of their own choosing or who cannot be allocated a vending space within or outside the project will receive an additional three months of compensation at the minimum wage rate to assist them in re-establishing their business.
6.3.5 Mechanism for the Registration and Allocation of Formal Spaces 180. TransKarachi and the Project Management and Construction Supervision Consultant (PMCSC) will ensure procedures for registration and allocation of licenses within the project and outside of the project are completed in a fair and transparent manner. The registration and allocation of formal spaces to DPs is proposed as follows:
● SMTA and TransKarachi will publish public notices in the local newspapers and conduct face- to-face meetings with DPs; ● The applicants must all be eligible DPs; ● SMTA and TransKarachi will issue an identity card with photographs to licensed vendors; ● The space allotted to DPs will be solely for their use and will not be able to be transferred; ● In case of the death of a DP, his license can be transferred to a nominee that was previously appointed; and ● DPs will need to pay monthly rent after the 12-month grace period.
2 This excludes structures of charitable, public and corporate organisations. The 223 DPs with extended structures and their 128 employees are currently not foreseen to need to relocate but they are eligible to do so, either by choice and/or if their circumstances change.
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6.4 Priority for project employment
6.4.1 Employment opportunities with contractors 181. During consultations held with DPs throughout January 2018 and March 2019, it was repeatedly stated that DPs did not consider project construction employment opportunities a viable alternative income source for them, as they felt that they would be making less monthly than what they receive currently through owning and operating their vending businesses. However, priority for project employment should still be extended to DPs and their family members to enable them to diversify their overall household income.
182. The contractor(s) will be contractually required to work with TransKarachi and the PMCSC to communicate the number of skilled and unskilled labour position available. TransKarachi’s and the PMCSC’s resettlement specialist will then prepare a list of eligible persons among the DPs and their households for the contractors to consider. The list will include DPs and their household members (male or female) who are interested in working for the project and include details of relevant skills. The PMCSC and TransKarachi will monitor the hiring of DPs monthly to see exactly how many DPs have been employed.
6.4.2 Female employment 183. There is a provision in the Gender Action Plan (GAP) stating the contracts with the BRT service providers and contractors require them to target women in their recruitment and in their training activities, with penalties for those who do not comply. An initial quota of 20% female staff has been set for operations, fare collection, janitorial and security services, increasing yearly over three years.
184. The positions will require a range of skills. Service providers/contractors are required to publicise these positions widely, including using NGOs to promote opportunities to women. TransKarachi and the PMCSC will establish which women from DP households, in cooperation with the DPs, are interested in these opportunities and communicate the list to contractors to enable them to provide priority employment to women from DP households. The remaining job openings should be encouraged to be filled by women who live within a 25km radius of the project to enable women to work as close to their homes as possible.
6.5 Employability Training 185. DPs will be given the opportunity to receive training on employability including the following topics:
● Workplace introduction and types of jobs the project will require; ● Communication and team work; ● Work ethics and work quality; and ● Applying for jobs (how to write a CV and undertake an interview). 186. Workshops will be organised in coordination with the DPCs in locations that are easily accessible for the DPs. The time of the workshop will aim to not interfere with the working hours of the DPs. Transportation costs will be reimbursed after attendance, and food will be provided. The course will be oral with no previous education required. An attendance certificate will be provided following the successful completion of the course.
187. TransKarachi and the PMCSC will identify a service provider, for instance an NGO or a vocational training institute to provide the training. Use of appropriate language and people skills will be essential.
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6.6 Financial Literacy Training 188. To enable compensation received to be used in a productive way, preferably to improve DP’s lives, TransKarachi will provide financial literacy training to DPs and an additional member of their household wishing to participate (participants need to be over the age of 18). The course will cover topics related to savings and budgeting. TransKarachi will train people in groups of 10- 15. There will be women only courses and youth only (aged 18-25) courses, as necessary. For DPs who are under the age of 18, they should be accompanied to the course by a relative over the age of 18.
189. Workshops will be organised in coordination with the DPCs in easily accessible locations for DPs. The time of the workshop will aim not to interfere with DP’s working hours. Transportation costs will be reimbursed after attendance, and food will be provided. The course will be oral with no previous education required. An attendance certificate will be provided following the successful completion of the course.
190. TransKarachi and the EPCM will identify a service provider, such as a financial institution or micro credit organisation or an NGO to provide the training. Experience working with the informal sector will be essential.
6.7 Vocational training for DPs 191. The primary purpose of vocational training for DPs is to provide additional skills to find an alternative livelihood. TransKarachi and the PMCSC will undertake a brief market analysis of the skills required in Karachi and will work with the DP representatives to identify which of these specific skills would be of interest and benefit to the DPs.
192. Following the establishment of a list of skills to be provided, TransKarachi and the PMCSC will liaise with relevant NGOs and the Sindh Technical Education and Vocational Training Authority (STEVTA) and/or any other private/government sector technical education institutions to develop this training. The modules to be provided as part of the training will be decided in consultation with the DPs and training provider. DPs who enrol in the program and commit to attend training will be given a choice to select vocational training most suitable for them and engage in a minimum one-month and maximum six-month training, depending on their availability and the type of course they choose. A certificate will be provided to each participant upon successful completion of the training. Efforts will be made to provide options for accredited training.
193. Every DP vendor and worker who attends a vocational training course will be provided with a stipend to enable them to attend the course and to make up for the potential of loss in income due to their absence. The stipend will be provided daily at the end of the training session to make sure the DP attends the session.
6.8 Educational stipends for workers under 15 194. Around 15 workers of the extended structures and the static and mobile vending structures were identified as being under the age of 15, therefore considered child labourers. Workers under the age of 15, particularly those still in school, will be provided additional support in form of education stipends to allow them to continue their studies. For those not registered in school, the education stipends should enable them to attend a skills training course (as outlined above). TransKarachi and the PMCSC will open applications for workers under the age of 15 to obtain an education stipend for up to 24 months. The stipend will need to be renewed after successful completion of the first 12 months. The condition is the successful completion of the school grade or the obtaining of a certificate of completion, if they are attending a vocational skills
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program. TransKarachi and the PMCSC will then allocate educational stipends to those who remain eligible.
6.9 Start-up capital for workers wishing to start a vending business 195. TransKarachi and the PMCSC will consult with DP workers and establish a list of those over the age of 18 who wish to establish their own vending business in one of the temporary or permanent vending spaces identified. The list will be evaluated against the following criteria to evaluate that they are eligible to start a business:
● Be over the age of 18; ● Currently be an employed as a worker of a DP in the KBRT project; ● Have no ownership of a vending business; ● No financial means to start a business (whether by owning or renting one); and ● Have a form of identification. 196. Once a list has been established, each interested worker will be allocated a temporary or permanent vending space (depending on what is available) and be provided with the start-up capital to purchase a mobile vending structure, from which they are then able to sell goods and services.
197. The condition of receiving the start-up capital is that the worker commits to remaining in the allocated space for 12 months (these are provided rent free), which is monitored on a regular basis by the resettlement specialists of TransKarachi and the PMCSC. The mobile vending structure or space cannot be reallocated to another person. If it is not used, it will be the property of TransKarachi to reallocate.
6.10 Preparation and implementation of detailed livelihood restoration plan 198. A livelihood restoration plan (LRP) has been developed by the EPCM consultant at the same time as this Final RP. Once TransKarachi is identified, jointly with the PMCSC, they will select an NGO who will support SMTA and TransKarachi in the impetration of the LRP. The livelihood restoration NGO will be different from the external monitor.
199. The objectives of the LRP are to:
● To restore or improve the livelihoods of the DPs; ● To conduct activities that will enable the DPs to enhance their livelihoods; and ● To work out an implementable strategy and schedule for the different activities to fit within the allocated budget (refer to Table 28 for details). 200. The implementing NGO will be responsible for the following tasks:
● Establish and maintain links with construction contractors or other government led projects, commercial, industrial businesses in Karachi or the Sindh province to identify manpower requirements (i.e. number, qualification, skills, schedule of deployment, etc.) and secure employment opportunities for qualified and interested DPs or DP household members; ● Establish an information communication mechanism to provide DPs with accurate and timely information on job postings; ● Help DPs to create linkages with organisations, city government, concerned authorities or an established employment agency to explore employment avenues to bridge the information gap, where they can employ their upgraded/new skills; and ● Reporting monthly training process and budgetary spending.
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201. The SMTA will sign the contract with the NGO based on the costs being approved by the ADB. Agreements will be signed with various agencies involved in LRP implementation, such as the civil works contractors and vocational training services providers.
202. Livelihood restoration costs for the 697 DPs are currently estimated at around PKR 469,188,500 (USD 3,314,649). The estimated cost will be revised by the implementation NGO after finalising DP participants for each activity and assessing the viability of each of the outlined activities.
6.1 Institutional arrangements for livelihood restoration implementation 203. The livelihood activities related to DPs will be implemented by TransKarachi with support from the PMCSC. Refer to the LRP for details regarding the intuitional arrangement and the implementation schedule.
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7 Grievance Redress Mechanism
7.1 Introduction 204. The grievance redress mechanism (GRM) is an integral part of the project’s environmental and social management system. The project will implement various mitigation measures to reduce resettlement impacts caused by the construction and operation of the project. Despite this, DPs other stakeholders may want to voice a grievance. A grievance can be defined as an actual or perceived problem that might give grounds for a claim. Anyone will be able to submit a grievance to the project if they believe their livelihood or quality of life have been detrimentally affected.
205. To address and resolve these grievances a GRM will be established, in accordance with the requirements of the ADB SPS 2009. The GRM will receive, evaluate and facilitate the resolution of DPs’ complaints and grievances about the implementation of the resettlement measures established by the project. The GRM will aim to provide a time-bound, transparent and fair resolution to resettlement related grievances.
7.2 Nature of complaints 206. It is anticipated that potential grievances related to compensation and resettlement assistance, damages, mobility and access issues may arise. Some grievances may arise related to:
● A name of a DP missing from the affected peoples list, for instance because of the anti- encroachment campaign activities; ● Losses (e.g. loss of income) may not have been identified correctly; ● Incorrect compensation/resettlement assistance being provided; ● Problems in the relocation of DPs to the new vending areas; ● Delays in the payment of compensation; ● Disruption of DP’s livelihoods by the civil works contractor(s); and ● Non-observance of guidance established in this RP.
7.3 Awareness raising and contact information 207. As TransKarachi has not yet been established, the current Project Implementation Unit (PIU) – which is part of the SMTA - has developed a general GRM. The GRM was disclosed in the resettlement brochures provided to DPs during the survey conducted in April 2018. The PIU’s resettlement specialist whose contact details had been provided to receive and manage grievances related to resettlement specifically has left the organisation. The general grievance redress mechanism is still available on the project site, which has been communicated to DPs in the surveys conducted between December and March 2019.
208. The PIU has not yet replaced their resettlement specialist and therefore no one is currently monitoring the GRM for resettlement grievances. Once the TransKarachi’s Project Planning and Implementation Unit (PPIU) is established and the resettlement related staff has been hired, it is important, that the GRM be established within TransKarachi immediately to deal with and oversee the resettlement related grievance process.
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209. Updated project contact details for the GRM and the project will need to be disclosed, once available, to all DPs and published visibly on notice boards at the project site and at the offices of the contractor. TransKarachi’s PPIU will need to make the public aware of the GRM through public awareness campaigns. This will be done in accordance with the project’s Communication Plan. Initially, the public awareness campaigns must include:
● The GRM being published on the website (first the holding page and then the main site when live); ● Regular feedback provided on the GRM in a way that is accessible to DPs and other stakeholders; and ● The GRM being included in e-newsletters and media stories. 210. In addition, a dedicated hotline managed by TransKarachi’s PPIU is to be established to deal exclusively with resettlement complaints. A second hotline will also be established at the level of the project company to deal with none resettlement related complaints and its staff will re- direct resettlement complaints that are submitted via this hotline to TransKarachi’s PPIU. The number of the hotlines will be publicised through the media and displayed on notice boards along the route, at the construction site offices and at public administration offices. Grievances will also be able to be registered in writing to TransKarachi’s PPIU and the project company directly, on the website, and by placing the complaint in grievance boxes which will be placed in strategic locations along the route.
7.4 Confidentiality and anonymity 211. The project will aim to protect a person’s confidentiality when requested and will guarantee anonymity in annual reporting. Individuals will be asked permission to disclose their identity; however, grievances may also be submitted anonymously with an option for a third party to liaise with the project, if desired. Investigations will be undertaken in a manner that is respectful of the aggrieved party and the principle of confidentiality. The aggrieved party will need to recognise that there may be situations when disclosure of identity is required and the project will identify these situations to see whether the aggrieved party wishes to continue with the investigation and resolution activities.
7.5 Grievance reporting 212. All resettlement grievances (both verbal and written) will be logged in a formal logging system. Grievance reporting will be undertaken centrally by the project.
213. The complainant will receive a written explanation (or where literacy is an issue in oral form) about the grievance review process, the results and any changes that were made to address their grievance. In some cases, project staff will follow up at a later date to see if the person is satisfied with the resolution or remedial actions.
214. Project staff will summarise grievances monthly during construction and bi-annually during operation removing identification information to protect the confidentiality of the complainant and guaranteeing anonymity. The monitoring reports of the RP implementation will include the following aspects pertaining to progress on grievances:
● Number of cases registered with the Grievance Redress Committee (GRC); ● Level of jurisdiction (first, second and third tiers- described in the next section); and ● Number of hearings held, decisions made, and the status of pending cases.
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215. Lists of cases in process and already decided upon should include information such as name, identification with a unique Project coded number, date of notice, date of application, date of hearing, decisions, remarks, actions taken to resolve issues, and status of grievance (i.e., open, closed, pending).
7.6 Grievance Redress Committee 216. As part of the GRM, a Grievance Redress Committee (GCR) will be established by TransKarachi’s PPIU (this was not the case at the time of writing). The role of the GRC is to resolve escalated grievances that cannot be dealt with by the first tier of the GRM (the PPIU level itself). The GRC should include the following members:
● A representative of the SMTA; ● Community Liaison Officer (CLO) PPIU; ● Resettlement Specialist of TransKarachi; ● Resettlement Specialist of SMTA; ● Chairperson of the PPIU; ● The Assistant Commissioner of the District Administration; ● A representative of Karachi Metropolitan Corporation (KMC) ● Four to six representatives of the DPs (these will be selected from the resettlement committee) ● A representative of the Sindh Environmental Protection Agency (EPA) ● A representative of the Project company ● A representative from the PMSCS ● A representative of the contractor
217. The functions of the GRC are as follows:
● Resolve problems and provide support to the DPs ● Reconfirm, categorise and prioritise grievances ● Report to the aggrieved parties about developments regarding their grievances and decisions of the GRC.
7.7 Grievance resolution 218. The GRM will consist of three tiers to enable the resolution of all grievances. See details in Table 24. Figure 5 outlines the process of grievance resolutionError! Reference source not found..
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Figure 5: Grievance redress mechanism
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Table 24: Tiered GRM approach Tier Resolution Process Grievance Logging Party Responsible Timeline First The grievance will be received by the A tracking number will be assigned for each PPIU Completed within Tier TransKarachi’s PPIU. Investigation of grievances grievance, including the following elements: seven working days will include a site visit and consultations with the ● Initial grievance sheet (including the description of complainant (unless the grievance was voiced the grievance), with an acknowledgement of anonymously). Grievances will be documented. receipt handed back to the complainant when the complaint is registered; ● Grievance monitoring sheet, mentioning actions taken (investigation, corrective measures); ● Closure sheet, one copy of which will be handed to the complainant after agreeing to the resolution and signed-off. Second The grievance will pass to the second tier of the In addition to the first-tier tracking number and the The GRC had not been established Corrective measures Tier GRM if it remains unresolved by the first tier. The related information, the PPIU (at the time of writing by the PPIU nor SMTA at the time will be implemented second tier will consist of a Grievance Redress the PIU) will be responsible for: of writing. The GRC should include within 15 working Committee (GRC). A hearing will be called with ● Processing and submitting all papers to the GRC the following members: days and a solution the GRC, where the affected person can present must be presented ● Maintaining a database of complaints ● A representative of the SMTA concerns and issues. The GRC will meet as within one month ● CCLO PPIU necessary when there are grievances to be ● Recording decisions addressed. The GRC will suggest corrective ● Issuing minutes of the meetings ● Resettlement Specialist of TransKarachi measures at the field level and assign clear ● Monitoring that formal orders are issued and the responsibilities for implementing its decision. If decisions carried out ● Resettlement Specialist of SMTA unsatisfied with the decision, the existence of the ● Chairperson of the PPIU GRC will not impede the s access to complainant’ ● The Assistant Commissioner of the Government’s judicial or administrative the District Administration remedies. ● A representative of Karachi Metropolitan Corporation (KMC) ● Four to six representatives of the DPs (these will be selected from the resettlement committee) ● A representative of the Sindh Environmental Protection Agency (EPA) ● A representative of the Project company ● A representative from the PMSCS ● A representative of the contractor The functions of the GRC are as follows:
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Tier Resolution Process Grievance Logging Party Responsible Timeline ● Resolve problems and provide support to the DPs ● Reconfirm, categorise and prioritise grievances ● Report to the aggrieved parties about developments regarding their grievances and decisions of the GRC.
Third In the event that a grievance cannot be resolved The grievance logging process will be the same as ● District or sub-district committees An initial corrective Tier directly by the PPIU’s first tier or the GRC, the the first and second tier. as appropriate measure should be affected person can seek alternative redress provided within 30 through the district or sub-district committees as working days and a appropriate. The PPIU or GRC will be kept final decision no later informed by the district, municipal or national than 90 working days authority. Source: EPCM consultant
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8 Institutional arrangements and RP implementation
8.1 Introduction 219. The institutional arrangements for the implementation of the RP are outlined in this chpater, including key departments, private or public companies and committees involved in the carrying out the resettlement plan measures. There are various organisations involved in the implementation of the RP:
● The Government of Sindh is represented through the SMTA which is the executing agency (EA). The SMTA is a recently created entity which is part of the Transport and Mass Transit Department (TMTD). ● TransKarachi is the Implementing Agency (IA). It will be newly created to carry out the project implementation, management and maintenance of the BRT systems in Karachi, assigned by the SMTA. TransKarachi had not been created at the time of writing but the staff hiring process had been started. ● The Project Planning Implementation Unit (PPIU) of TransKarachi is where the resettlement staff are located, who will oversee the implementation of the RP and will be assisted by the PMCSC consultant. In the case of the SMTA, the resettlement staff are located under the authority of the Deputy Director of Regulations. ● The Project Management and Construction Supervision Consultant (PMCSC) will provide third party support to TransKarachi for the implementation of the RP. The PMCSC team will have one national resettlement specialist and one national social safeguards specialist. ● An NGO will be hired to assist TransKarachi in the implementation of the livelihood restoration activities to be undertaken. ● A third-party consultant will be hired to undertake external monitoring ● The ADB social safeguards team will review the RP and the monitoring results.
8.2 Institutional roles and responsibilities 220. Table 25 shows details of all the activities involved in the implementation of the RP.
Table 25: Responsibilities for RP Implementation Agency Responsibilities Sindh Mass Transit Executing Agency (EA) with overall responsibility for Project construction and operation that will be Authority (SMTA) responsible to: ● Make sufficient funds available to implement the RP ● Make the Project, regardless of financing source, comply with the provisions of the RP and ADB SPS and relevant Government laws and regulations, if applicable ● Retain the PMSCS for the duration of the Project construction, incorporate design RP mitigation and monitoring measures ● Commit and retain sufficient dedicated resettlement staff ● Incorporate the social mitigation measures of the RP in the detailed design of the KBRT Project ● Obtain necessary certification of payment of compensation/resettlement and rehabilitation assistance, prior to mobilisation of civil works contracts ● Establish and implement a resettlement grievance redress mechanism prior to the finalisation of the establishment of TransKarachi ● Submit six-monthly monitoring reports on RP implementation to ADB
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Agency Responsibilities TransKarachi Implementing Agency (IA) that will be responsible to: ● Hire environment and social (E&S) staff in advance of the approval of the final RP to ensure effective implementation of the RP. The E&S staff are to include: ● Director Environment and Social Safeguards ● Assistant Director Resettlement ● Assistant Director Gender and Community Mobilisation ● Establish adequate and appropriate systems of procurement, project management and internal control for consultants, contractors, operators and other relevant parties. ● Take appropriate measures with respect to construction, operation and maintenance of the KBRT to incorporate issues related to safeguards, particularly social and environmental management in the contracts and implementation arrangements for the Project. ● Establish and implement the resettlement GRM to manage grievances effectively Undertake periodic monitoring of the implementation of RP and submit monthly monitoring reports on RP implementation to SMTA Project Support TransKarachi to implement the RP in line with ADB's SPS 2009 principles and requirements. The Management and PMCSC’s resettlement specialist will be responsible to: Construction ● Provide final, approved and endorsed RP to the IA Supervision ● Conduct training and orientation on RP provisions and social safeguards as specified in the RP for Consultant SMTA, PPIU, contractors, service providers and other interested/relevant parties as necessary (PMCSC) Contractor ● Prepare the Livelihood Restoration Plan ● Conduct consultations ● Support TransKarachi in making the compensation payments and providing assistance to DPs before project construction starts ● Ensure proper and timely implementation of PMCSC’s tasks specified in the RP ● Undertake regular monitoring of the construction contractors’ social performance and implementation of RP mitigation measures ● Assist in preparation of monthly RP monitoring reports and prepare six-monthly RP implementation monitoring reports for SMTA’s submission to ADB ● Assist SMTA to ensure that RP requirements and social safeguard management issues are incorporated in the bidding and contract documents ● Support implementation of grievance redress mechanism Contractors ● Implement the social mitigation clauses and RP provisions as part of the Project Contract Documents. The RP will be included in the tender and contract documents for civil works and service providers, and completion of implementation of mitigation measures will be linked to payment milestones. NGO (TDB) ● Implement the livelihood restoration activities Third Party ● Undertake the external monitoring of the RP once the RP implementation has been finalised Contractor (TBD) DP Committee ● Act as a voice to represent DPs’ opinions and concerns Grievance redress ● Hear and decide the outcome of DPs’ grievances and issues. committee (10 ● Suggest corrective measures, assign responsibilities and provide timelines for resolution representatives)
8.3 Project implementation 221. For this RP TransKarachi will be the Implementing Agency (IA) and will need to establish adequate and appropriate systems of procurement, project management and internal control for consultants, contractors, operators and other relevant parties. It is also assumed TransKarachi will take appropriate measures with respect to the detailed design, development, implementation, operation and maintenance of the KBRT to incorporate issues related to safeguards, particularly social and environmental management in the contracts and implementation arrangements for the project.
222. In addition to the Director Environment and Social will oversee all environmental and social activities, as part of the TransKarachi’s PPIU, a dedicated Assistant Director Resettlement and an Assistant Director Gender and Community will be hired to facilitate the day-to-day interaction with DPs and the management of grievances. The terms of reference of each person
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to be hired will need to be defined, as currently TransKarachi is not yet operational. Figure 6 shows the proposed organisational structure of TransKarachi.
Figure 6: TransKarachi organisational structure
Board of Directors KBRTC
1) Company Secretary (01) 2) Internal Auditor (01)
CEO KBRTC (01)
General Manager Planning, General Manager Operations Construction and Assets Chief Financial Officer (01) Manager HR & Admin (01) (CFO) (01) (1)
BRT Services Unit Project Planning and HR and Admin Unit Infrastructure and Assets Unit 1) Manager Operations Control Centre(1) Contracts and Finance Unit 1) Communication Specialist (01) Implementation Unit 2) Equal Opportunity, Gender 1.1) AM Green & Orange Line (01) 1) Contract Management Specialist (01) 1) HR Officer (01) 1) Project Director (01) 1) Infrastructure Specialist (01) and Social Specialist (01) 1.2) AM Red Line (01) 2) Budget and Accounts Officer (02) 2) Admin Officer (01) 2) Director Planning & Design (01) 2) Bus Assets Specialist (01) 2) Personal Assistant to CEO (01) 1.3) AM Yellow Line (01) 3) MIS Specialist (01) 3) DD Technical / Executive Engineer (02) 3) Intelligent Transport System Support Staff 4) Director Procurement & Contracts (01) (ITS) Specialist (01) Operations Support Unit 1) Receptionist (01) 5) DD Procurement & Contracts (Works) (01) 4) Procurement Specialist (01) 2) Customer Services Specialist (01) 2) Peon / Helper (02) 6) Director Environment and Social 5) Transport Planning and Operations 3) Revenue Protection Specialist (01) 3) Driver (05) Safeguards (01) Specialist (01) Fund Manager 4) Compliance & Safety Specialist (01) 7) AD Environment (01) 6) Business Development Specialist (01) 5)Performance Management Specialist(1) 8) AD Resettlement (01) 6) Security Manager (01) 9) AD Utilities & Surveys (02) 10) AD Gender & Community Mobilization(01) Data analyst, Control/Inspection and 11) DD Bus Industry Transition (01) Technical pool (10) 12) Accounts Officer (01) Planning Staff (Permanent) (07) – 13) Quantity Surveyors (02) Project Planning and Implementation Unit (Temporary) (26) 14) Office Assistant (02) 15) Computer Operator (02) Operational Staff (20)
16) Driver (04) Management/Admin Staff (16) 17) Peon / Helper (02) Support staff (08)
Total (77) Source: PMCCB
223. In order to implement the project, TransKarachi will require support from consultants for project implementation and to establish appropriate systems of procurement, project management, and control of contractors and other relevant parties, and environment and social management of the project.
8.4 Project execution 224. The SMTA was formally established through an Act of the Government of Sindh in 2016 to implement and regulate mass transit systems in the Province of Sindh as well as to supervise the Project. The SMTA is responsible for ensuring smooth implementation of the resettlement process. For this RP SMTA will be the EA and will be responsible for maintaining general oversight throughout implementation of this RP. SMTA will engage a social / gender safeguards staff member and a land acquisition and resettlement staff member, although this had not occurred at the time of writing. SMTA will provide oversight to TransKarachi in the implementation of the RP and provide the funding for the resettlement compensation. SMTA will also participate in the GRC. Figure 7 below shows the organisational structure of SMTA.
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Figure 7: SMTA organisation structure Organogram of Sindh Mass Transit Authority (SMTA)
Board of Directors SMTA
1) Internal Auditor (01) 2) Secretary (01) Managing Director SMTA (01)
Director Compliance and Director HR & Admin Director Finance Director Policy and Regulations Director Planning and Monitoring (01) (01) (01) Financial Management (01) (01)
Deputy Director Policy Deputy Director Planning Deputy Director Systems 1) Deputy Director HR & Admin (01) 1) Deputy Director Finance (01) (01) (01) (01) 1.1) HR Officer (01) 2) Budget and Accounts Officer (03) 1.2) Admin Officer (01) 1) AD Policy - Urban Transport (02) 1) Assistant Director (AD) Transit 1) System Performance Management 1) Communications Specialist (01) 1.3) Receptionist (01) 2) Research Analyst (O1) Oriented Development (01) Specialist (01) 1.1) Public Relations and Liaison 2) Assistant Director BRT (01) 1.4) Driver (06) Deputy Director Regulations 1.1) Transit Service Analyst (01) Officer (01) 3) Assistant Director Rail (Rail based 1.5) Officer Assistant (02) (01) 1.2) System Performance 1.2) Graphic Designer (01) 1.6) Peon / Helper (04) Public Transport Systems) (01) Management Inspector (04) 2) Personal Assistant to MD (01) 1) AD Regulation (01) 1.7) Cleaner / Sweeper (02) 4) Assistant Director NMT (01) 4) Probity / Anti Corruption 2) AD Environment Safeguards (01) 1.8) Record Keeper (01) 5) AD Parking Management (01) Specialist (01) 3) AD Social / Gender Safeguards (01) 2) Deputy Director IT (01) 6) AD ITS and Fare System (01) 5) Safety Audit Specialist (01) 4) AD Land Acquisition and 2.1) Database Administrator (01) 7) AD Transport Planning and 5.1) Safety Audit Inspector (02) Resettlement (01) 2.2) Network Administrator (01) Operations (01) 5) AD Legal (01) Deputy Director Infrastructure 3) Deputy Director Legal (01) 8) AD Travel Demand Modelling (01) 6) Research Analyst (01) 9) AD Surveys and Studies (01) (01) 10) Assistant Director GIS (01) 1) Senior Infrastructure Engineer (02) 11) Research Analyst (02) 1.1) Executive Engineers (01) Technical Staff Deputy Director Financial 1.3) Assistant Engineer (02) Policy and Regulation (12) Management (01) 2) Probity / Anti Corruption (01) Planning and Financial Management (19) 1) AD Transport Economist (01) 2) AD Project Financial Assessment / Compliance and Monitoring (19) Financial Analyst (01)
Management, Admin and Support Staff (36) 3) AD BD and PPP (01) 4) Research Analyst (01) Total (86)
Source: PMCCB
8.5 Project management 225. The Detailed Engineering Design, Procurement and Construction Management (EPCM) Consultant has prepared this Final RP and will be hand it over to TransKarachi for implementation prior to and during construction.
226. For the implementation phase of this RP, a full-time Project Manager/Resident Engineer will manage project activities, including the oversight of social and environmental activities and their monitoring. The Project Manager/Resident Engineer’s team will be responsible for:
● Assisting the IA in implementing the project; ● Carrying out procurement and engaging contractors; ● Liaising and coordinating with the SMTA and other authorities; and ● Managing contractors and liaising with other stakeholders on a daily basis during hte implementation of project activities. 227. The Project Manager/Resident Engineer’s team will need to hire a national resettlement and a social safeguards specialist to support TransKarachi in overseeing the implementation of the RP and facilitating a smooth running of the process. If required, the team’s resettlement specialist can issue addendums to the Final RP to mitigate any unforeseen or additional impacts. This Final RP will establish a procedure for preparation and review of addendums. All addendums will need to be approved by the ADB and endorsed by the SMTA.
228. The Project Manager/Resident Engineer’s resettlement specialist will:
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● Advise the SMTA and TransKarachi on RP implementation, and participate in meetings with the SMTA, contractors, and service providers as necessary; ● Supervise implementation of the RP during construction and monitor the work of the contractors; ● Provide assistance to TransKarachi to prepare monthly progress reports to be submitted to SMTA and in return SMTA will submit six-monthly reports to ADB for review and clearance; ● Provide support to SMTA in the preparation of a compensation/resettlement assistance completion report, prior to the award of civil works contract which is not allowed to commence prior to full payment of compensation/resettlement assistance to DPs have been made. This report will be validated by the external monitor; and ● Conduct safeguards capacity building activities for SMTA, TransKarachi and the contractor.
8.6 Introduction of RP implementation 229. As outlined above, TransKarachi will have overall responsibility for implementation of this RP and will be supported by a national resettlement and a national social safeguard specialist of the PMCSC during construction supervision phase. This section describes key steps, required actions and responsible persons for RP implementation and concludes with a timeline.
8.7 RP disclosure and consultation 230. After endorsement of this Final RP by the SMTA and its approval by the ADB, TransKarachi’s PPIU must develop a consultation schedule for the implementation throughout the lifetime of the project. The list below describes the engagement elements, the staff and organisations responsible for their implementation: ● An information brochure with key RP implementation details will be prepared in English and translated by TransKarachi’s PPIU into Urdu and distributed to DPs by the resettlement staff of SMTA, TransKarachi and PMCSC. It should include information on entitlements, unit rates of compensation/resettlement and activities, payment procedures available to DPs, livelihood restoration options and grievance redress mechanism; ● The non-technical summary of the RP will be translated into Urdu by TransKarachi’s PPIU and disclosed to the DPs and other stakeholders by the PPIU’s resettlement staff with support from the PMCSC. The summaries will be made available at the offices and website of as well as the ADB and SMTA websites; ● Location-specific meetings with DPs will be organised by TransKarachi‘s Resettlement Specialist with support from PMCSC’s Resettlement Specialist to explain the RP entitlements, relocation assistance, livelihood activities, process to engage DPs in resettlement activities and the GRM; ● An entitlements disbursement schedule explaining the date, time and venue for provision of compensation cheques for each DP will be prepared in Urdu and distributed to DPs. This schedule will also be disclosed in the project location specific meetings and copies of lists will be provided to any DPs’ representatives; and ● Grievances of DPs will be addressed by TransKarachi’s PPIU and the GCR. TransKarachi will implement the GRM outlined in chapter 7 and its staff will ensure the distribution of grievance forms, the maintenance of the grievance log, the organisation of investigation teams and the communication of responses to complainants. 231. In summary, a packet containing the following information material will be prepared for each DP:
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● Resettlement information brochure in Urdu; ● Link or copy of non-technical summary of RP with link to full RP; ● Inventory of DP’s losses with detail of compensation/resettlement and rehabilitation assistance to be paid to the DP, signed by the resettlement team, a government official and the DP; ● Schedule for disbursement of compensation cheques explaining the date, time and venue for receiving compensation payments with one-month advance notice before evacuating of the ROW; and ● Detail of sites where DPs can temporarily or permanently relocate their businesses. 232. TransKarachi’s PPIU, with the support of the PMCSC’s national resettlement specialist and social safeguards specialist, will need to ensure that DPs understand the RP implementation procedures and compensation measures.
8.8 Training in RP Implementation 233. The PMCSC will conduct training workshops for the implementation of the RP to build the capacity of the TransKarachi, SMTA, contractors, service providers and relevant staff of other departments. The training will include the following elements and will be adjusted as necessary: ● Introduction to ADB SPS 2009 and its principles; ● Introduction to the assessment of social impacts; ● Introduction to the RP, its importance and step-by-step implementation of RP; ● Consultation, participation and disclosure; ● Entitlements and compensation/resettlement and rehabilitation assistance; ● Institutional arrangements; and ● GRM implementation from logging through to resolution.
8.9 Process of RP Implementation 234. TransKarachi is committed to providing a one-month advance notice to DPs and paying their due compensation/resettlement and rehabilitation assistance prior to the start of construction works. TransKarachi, beginning with written notices to vacate the ROW and details of alternate vending sites, will implement the provision of entitlements according to the disbursement schedule. Records of the notification and implementation activities will be maintained with the support of PMCSC’s national resettlement specialist and social safeguards specialist.
8.10 Procedures to be followed for payment disbursements 235. A procedure has been established for disbursement of compensation and assistance payments to the DPs, which includes verification of DPs, payment of compensation, addressing grievances, management absentee DPs.
8.10.1 Verification of DPs 236. Verification of the DPs will be made through their National Identity Cards (NIC) numbers. All DPs must bring their original NIC to enable a copy to be made of it at the time of receiving cheques. If a DP is below 18 years or does not have NIC, his identity will need to be verified in person by a minimum of three DPs above the age of 18. In the case of the under 18-year-old workers, they should be accompanied by a relative (ideally of his immediate family) and their
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employer. The PPIU and the PMCSC’s Resettlement Specialist will be responsible for the verification process.
8.10.2 Payment of compensation 237. Payment to DPs will be made at least one month prior to actual possession of the space by SMTA and TransKarachi. The payments will follow a schedule prepared by the resettlement staff and disclosed to DPs.
238. SMTA is responsible for timely provision of financing for RP implementation and for providing the compensation/resettlement funds into the project’s designated bank account, while the PPIU will be responsible for disbursing the agreed amounts to the DPs. Allocations will be reviewed on a monthly and quarterly basis as per the budgetary requirements in this Final RP.
239. Payment of compensation and resettlement assistance will be made one month prior to taking possession of the ROW. The ROW will not be taken over by the SMTA or handed over to TransKarachi, and the contractors are not able to commence construction works, without payments being made to the DPs, except for in circumstances of dispute that requires a lengthier time period for resolution. 240. In case of a dispute, the amount of compensation will be held in an escrow account until a decision has been reached. In such cases, the SMTA may take over the ROW without payment of compensation. Grievances or objections will be redressed as per the grievance redress procedures outlined in chapter 7.
8.10.3 Evacuation of site 241. A 30-day notice will be given to DPs to vacate the ROW, once they have received their compensation payments, at which time the alternative vending sites should be made available. Following this 30-day notice period, the DPs are expected to remove all business equipment and materials from the ROW. If a DP does not vacate the ROW after getting compensation within the 30 day period allocated, TransKarachi PPIU’s resettlement staff will liaise with the CLO and the DPCs. If the issue cannot be resolved, the issue will be escalated to the GRC. The GRC will decide on a course of action on a case-by-case basis in coordination with the DPCs. However, the SMTA and TransKarachi reserve the right to remove structures, if a DP is not willing move by the agreed deadline.
8.10.4 Absentee/non-responding DPs 242. To date, zero absentee vendors have been registered; however, there are venders that provided only partial information, despite all possible efforts from the EPCM survey teams. The anti-encroachment campaign has also changed the situation on the ground and has caused vendors to move around or out of the ROW.
243. Once TransKarachi’s PPIU is established and a GRM has been put in place, the GRM information should be disclosed among the DPs so that vendors, who were previously present in ROW but have now moved in order to avoid the anti-encroachment campaign, (this is particularly true for mobile vendors) can claim benefits.
244. The SMTA with support from the PMCSC will issue three consecutive official notices and a public notice in local newspapers informing the DPs to contact the SMTA and/or TransKarachi. Absent DPs or DPs who were displaced by the anti-encroachment campaign may receive the
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compensation after the notified schedules of payments by providing relevant proof that compensation could not be received during the announced timeframes. They will be eligible to receive payments before completion of the project. The SMTA will leave the deposited amount of money in an escrow account until construction is completed.
8.11 RP implementation schedule 245. The project currently intends to start civil works in Q1 of 2020; however, this may change. This Final RP has been updated by the EPCM resettlement team following the near finalisation of the detailed design in March 2019 (the remaining changes are minor and of a very technical nature and therefore do not have bearing on the resettlement impacts) of the KBRT Project. The RP will be submitted to the ADB for approval and the PIU for endorsement in April 2019. Following the ADB’s approval of this Final RP, it will be disclosed to the public and DPs. The implementation of the RP will commence within two months of ADB’s approval.
246. The ADB will issue a no objection for the initiation of civil works in specific segments of the route after this Final RP has been fully disclosed to the DPs and the resettlement assistance program described in this RP has been fully delivered. ADB may also issue a no objection for the initiation of civil works in segments of the route where the resettlement team has confirmed that there are no resettlement impacts. The Project will need to complete all payments of compensation and resettlement assistance prior to the commencement of all civil works that cause impacts on DPs. Consultations with DPs and stakeholders as well as internal monitoring and grievance redress will be undertaken throughout the project duration.
247. The proposed activities in this RP are divided into three broad stages: preparation, implementation and monitoring and evaluation.
8.11.1 Preparation stage (pre-implementation) 248. The major tasks during the preparatory stage are setting up relevant institutional arrangements for the resettlement activities (outlined in this chapter). This RP has been updated following the Draft RP of June 2018 and will be endorsed by SMTA and approved by the ADB. Once this has been done, this RP will be disclosed to stakeholders and DPs.
8.11.2 RP implementation stage 249. Upon the approval of this RP, the arrangements for disbursement of resettlement assistance need to be completed, which includes: ● Provision of compensation and entitlement allowance payments (e.g. shifting allowance); ● Relocation of DPs; ● Start of livelihood restoration activities; and ● Delivery of proposed alignment to contractors for commencement of the civil works.
8.11.3 Monitoring and evaluation stage 250. This RP implementation, management of social safeguard issues, consultation and participation of DPs, disbursement of resettlement compensation, and implementation of the GRM will be checked during the monitoring and evaluation stage. Internal monitoring will be the responsibility of the PPIU and will continue until the completion of the implementation of this Final RP and the project. The PMCSC’s Resettlement Specialist will assist the PPIU in its internal monitoring function.
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An implementation schedule has been prepared. The schedule is subject to modification depending on the establishment of TransKarachi’s PPIU and other project activities. The implementation schedule is outlined in Table 26.
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Table 26: Proposed implementation schedule Action Owner ‘19 May Jun Jul Aug Sep Oct Nov Dec ‘20 Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Apr Jan Update EPCM of Final RP after the completi on of detailed design Establish Trans ment of Karachi PPIU Establish Trans ment of Karachi GRC Consulta PPIU, tions EPCM (on- and going) SMTA Submissi EPCM on of and Final RP SMTA to ADB for review and approval Disclosur Land e of Final Acquisiti RP both on and in Resettle English ment and Urdu Specialis on the t websites (SMTA), of Resettle SMTA, ment TransKar Specialis achi and t ADB (TransKa
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Action Owner ‘19 May Jun Jul Aug Sep Oct Nov Dec ‘20 Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Apr Jan rachi), ADB Urdu Resettle translatio ment n of RP Specialis and t disclosur (TransKa e to DPs rachi), and Resettle other ment stakehol Specialis ders t and through Social worksho Safeguar ps and ds location Specialis specific t face-to- (PMCSC face ) meetings Training IRC, of Resettle SMTA, ment TransKar Specialis achi, key t contactor s by National Resettle ment Specialis t of PMCSC Develop Resettle ment of ment plans for Specialis RP t and compens Social ation Safeguar disburse ds ment Specialis schedule t (PMCSC ) with
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Action Owner ‘19 May Jun Jul Aug Sep Oct Nov Dec ‘20 Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Apr Jan and support details from PPIU Signing Resettle of ment affected Specialis inventory t, Social and Safeguar entitleme ds nts Specialis agreeme t nt (i.e. the negotiati on 30 day PPIU advance and notices SMTA to vendors before evacuati on Award of SMTA, cheques PM- and PMU, distributi Resettle on of ment relocatio Specialis n/shifting t, Social notices Safeguar to DPs ds Specialis t Impleme NGO (to ntation of be livelihoo determin d ed) activities Disputes Grievanc / e objection Redress s Committ
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Action Owner ‘19 May Jun Jul Aug Sep Oct Nov Dec ‘20 Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Apr Jan (complai eePPIU, nts & SMTA grievanc es) and reporting summary of grievanc es in progress reports (ongoing ) Relocati DPs, on of PPIU affected SMTA vendors Resettle ment Specialis t and Social Safeguar ds Specialis t (EPCM) Submissi SMTA, on of RP PPIU complian ce reports to ADB (Confirm atory letter about completi on of all payment s) Monthly PPIU internal Resettle monitorin ment g (on- Specialis
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Action Owner ‘19 May Jun Jul Aug Sep Oct Nov Dec ‘20 Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Apr Jan going) t and and six- Social monthly Safeguar monitorin ds g reports Specialis to ADB t (PMCSC ) External External monitorin Monitor g: Quarterly reporting to SMTA and 6- montly reporting to ADB Notice to ADB proceed for civil works Evaluatio External n of the Monitor RP impleme ntation Submissi SMTA on of RP evaluatio n report to ADB and clearanc e by ADB Source: EPCM consultant
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9 Resettlement Budget and Financing
9.1 Introduction 251. This chapter outlines the resettlement cost estimate for the project, including all eligible compensation and allowances as outlined in the entitled matrix (refer to section 5.8). The cost of resettlement will be included in the overall Project cost to be financed by ADB to support the implementing of the resettlement plan.
252. All the costs are determined / calculated on the basis of actual and current average monthly income levels (which has proven challenging as they vary a lot among DPs) after the near finalisation of detail design and on the basis of DP census conducted in February 2019.
9.2 Resettlement costs 253. The total amount for this Final RP is calculated to be PKR 91,789,300 which equates to about USD 653,071 at the current rate of PKR 141 = USD 1.
254. SMTA is fully committed to carrying out the resettlement satisfactorily according to the ADB’s SPS 2009. This resettlement cost estimates should be adjusted annually to account for the national inflation rate and ensure that the value of compensation and other payments is maintained at net present value.
255. The cost of facilitating consultations, implementing the grievance redress mechanism and the cost for supporting this RP implementation will be included under the administrative costs of the project.
256. The cost for the PMCSC’s team to support this RP implementation is covered under their respective contract. It includes the cost of a national resettlement specialist and a social safeguard specialist. The resettlement plan costs include a contingency for any potential foreseen costs as part of the RP implementation that might occur.
257. The utilities that will require relocation have been included as part of the project cost and will be paid directly to the affected companies. A detailed strategy for making payments to DPs will be developed by TransKarachi’s PPIU once this final RP has been submitted and approved.
258. The costs involved in the execution of the training program have been included; however, the fees for the staff of the PMCSC to conduct the training will be included in the PMCSC ’s fees. 259. Table 27 outlines all resettlement costs, allowances and additional provisions as discussed in this RP. The budget estimate is revised/ updated as a result of the census survey on March 15, 2019.
Table 27: Resettlement budget
No Description Unit Unit Quantity Subtotal (PKR) Subtotal Description Amount (USD) (PKR)
A Compensations for DPs A.1 Compensation for semi- 35 static vendors 20,000 35 700,000 4,963 permanent / static (semi-permanent structures structures) 103 extended semi- 25,000 103 2,575,000 18,257 permanent structures A.2 Transitional livelihood 3 months official 60,000 346 20,760,000 147,190 restoration allowance to minimum wage rate DP vendors (275) (PKR 20,000 adjusted for 2019- 2020 foreseen increase) A.3 Transitional livelihood 3 months official 60,000 71 4,260,000 30,204 restoration allowance of minimum wage rate workers of DP vendors (PKR 20,000 (71) adjusted for 2019- 2020 foreseen increase) A.5 Shifting allowance for Lumpsum 2,500 138 345,000 2,446 relocation of static / semi- permanent vendors A.6 Vulnerability allowance @ 2 months official 40,000 346 13,840,000 98,127 PKR. 20,000/month minimum wage rate
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No Description Unit Unit Quantity Subtotal (PKR) Subtotal Description Amount (USD) (PKR) A.7 Severity impact 2 months official 40,000 71 2,840,000 20,136 allowances for minimum wage rate helpers/workers who lose entire monthly income A.8 Self-relocation allowance: 3 months official 20,000 346 6,920,000 49,063 DPs who relocate minimum wage rate themselves, workers who (PKR 20,000 do not wish to relocate adjusted for 2019- with their current employer 2020 foreseen can claim, or DPs for increase) whom the proposed vending sites are not suitable will receive an additional allowance for 3 months of loss of income A.9 Moving and re-instatement Seven charitable 100,000 7 700,000 4,942 of charitable organisations organisations with infrastructure semi-permanent / permanent infrastructures, needing dismanteling, relocation and re- installation services. Total of A 52,940,000 375,329
B Livelihood Restoration Plan and Other Resettlement Costs B.1 Capacity building training Lump-sum 1,500,000 10,635 costs B.2 External Monitoring Lump-sum 1,800,000 12,762 Consultant: contracting cost B.3 Monitoring & Evaluation Lump-sum 1,800,000 12,762 Consultant: contracting cost B.4 Provision to mitigate Lumpsum 20% of 10,588,000 74,077 unidentified impacts that total A could be identified during construction of the project B.6 Provisions for access 3 months average 55,000 223 12,265,000 86,521 restrictions: Extended income for DPs with structure DPs can claim extended structures temporary income due to (demined by DP construction induced census in February disturbances for up to 6 2019 and FDGs) months B.7 Provision for access 7 months official 20,000 128 2,560,000 18,150 restrictions or loss of job minimum wage rate due to construction (PKR 20,000 impacts: Workers can adjusted for 2019- claim income loss for 3- 2020 foreseen months official minimum increase) wage rate, 2 months vulnerability allowance and 2 months impact allowance should they experience job loss or impacts due to construction related issues Total of B 30,513,000 214,907 Total of A+B 83,453,000 590,236 Contingency (10%) 8,345,300 59,023 Grand Total 91,789,300 649,259
260. The total amount for this Final RP is calculated to be PKR 91,789,300 which equates to about USD 653,071 at the current rate of PKR 141 = USD 1. 391444 | 01 | A | 23 April 2019
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261. In addition to the above, Table 28 outlines the livelihood restoration costs for the 697 DPs, which is estimated at PKR. 469,188,500 (USD 3,314,649). The total of the RP and LRP requires is PKR. 560,977,800 (USD 3,960,058).
Table 28: Livelihood restoration budget Item Unit cost (PKR) Quantity Total Budget (PKR) Total Budget (USD) 12 months’ rent payments for 10,000 996 239,040,000 1,690,000 temporary and permanent vending spaces (owners) Employability and financial literacy 150,000 22 3,300,000 23,313 workshops Vocational training courses for DPs 500,000 341 170,500,000 1,204,517 Educational stipend for workers 34;000 30 1,200,000 7,204 under 15 years of age (12 month) Start-up capital for workers over 18 15,000 49 735,000 5,195 years of age 12 months’ rent payments for 10,000 98 11,760,000 83,088 temporary and permanent vending spaces (workers over 18 years of age) Sub Total 426,535,000 3,013,317 Contingency 10% 42,653,500 301,332 TOTAL 469,188,500 3,314,649
262. The assumptions and details of the livelihood restoration activities budget are contained in the livelihood restoration plan (LRP).
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10 Monitoring and evaluation
10.1 Overview 263. This chapter provides a description of the monitoring and evaluation (M&E) that will be carried out for the project. Monitoring involves periodic checking to ascertain whether activities are progressing as per the project schedule and following the required standards, while evaluation is summing up and assessing performance at the end of the activities to ensure the intended outcomes have been achieved.
264. The objectives of M&E are to identify any problems or improvements needed in this RP implementation, with the aim to allow changes to be made to improve the implementation as early as possible and ensure that DPs are settled and better off at the new locations with their standard of living restored or improved.
10.2 Internal monitoring 265. The roles and responsibilities for internal monitoring involve: ● TransKarachi’s PPIU, with the support of the PMCSC, will be responsible for monthly monitoring of the progress of resettlement activities; and ● TransKarachi’s PPIU will review the efficacy of the monitoring arrangements quarterly and refine the arrangements accordingly.
266. Specific internal monitoring benchmarks will include the following: ● Number of consultation meetings and activities with DPs and stakeholders carried out; ● Status of the compensations, resettlement and rehabilitation assistance; ● Selection and distribution of alternative vending spaces areas for vendors; ● Livelihood restoration activities carried out; ● Problems encountered, and actions taken; and ● Number and type of resettlement grievances received, how they are being addressed and how long they take to be closed out
267. All DPs registered are male, as no women were identified working in the ROW, hence currently there is limited need to collect and present gender disaggregated M&E data.
10.3 External monitoring 268. TransKarachi’s PPIU, with the support of PMCSC, will hire the services of a firm, NGO or a qualified and experienced resettlement expert, to undertake the external monitoring. The expert will be selected with the agreement of the ADB.
269. The objective of the external monitoring will be to determine the project’s achievement of resettlement activities in line with the objectives of this Final RP and identify any longer-term changes in livelihoods and socio- economic conditions of DPs (both negative and positive), any need for mitigation measures and lessons learned.
270. Key external monitoring tasks will include: ● Review and verify internal monitoring reports; ● Review socio-economic baseline and household asset census survey information of pre-displaced persons; ● Identify and select impact indicators; ● Assess impact through formal and informal surveys with the DPs; ● Consult with DPs, officials and community leaders (where appropriate) to prepare the monitoring report; and ● Assess the efficiency, effectiveness, impact and sustainability of resettlement, drawing out lessons learned for future resettlement activities.
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10.4 External evaluation 271. The external monitor will conduct a close out evaluation of overall RP implementation following its completion, to determine whether planned activities achieved their intended objectives and outcomes. The evaluation will concentrate on following parameters:
● Efficacy of mechanisms and indicators for internal and external monitoring; ● Mechanisms used for disclosure of information, consultation and participation of DPs; ● Effectiveness and efficiency of TransKarachi’s PPIU/PMCSC in the RP implementation; ● Assessment of the resettlement efficiency, effectiveness, impact and sustainability for drawing out lessons learned for future resettlement policy formulation and planning; ● Evaluation of adequacy of compensation given to DPs and livelihood opportunities as well as the quality of life of DPs from project-induced changes; ● Evaluation and assessment of the adequacy and effectiveness of the consultative process with DPs, particularly those who have been considered vulnerable, including the adequacy and effectiveness of livelihood activities, grievance procedures and legal redress available to the affected parties, and dissemination of information about the RP implementation including the GRM institutional arrangements; and ● Level of satisfaction of DPs in the post resettlement period. 272. An estimated budget of PKR 1,800,000 has been included for external monitoring and evaluation activities in the resettlement budget. This figure has been adjusted for inflation increase due to the complexity of the local situation caused by the anti-encroachment campaign and to provide a contingency if required.
10.5 Database management 273. TransKarachi’s PPIU, with support from the PMCSC, will develop an information system containing the database on resettlement planning and implementation. Details of DPs, their compensation entitlements and the status of their payment will be kept in this database and will be updated regularly (at a minimum on a quarterly basis). Information identified during the internal and external monitoring will be used to update the database.
274. The RP database will be generated based on the information provided from the censuses, the baseline socioeconomic survey, consultation, and schedule for compensation payment and resettlement assistance, including livelihood restoration activities. The database will be made available when required to the external monitors and the ADB.
275. Every effort will be made to ensure privacy and confidentiality is respected by project staff. Only required details regarding DPs will be shared. Project staff will be expected to use the resettlement database only for intended purposes and approved activities. Information regarding DPs will not be used for public purposes and will not be disclosed to unauthorised parties or entities, including encroachment campaign staff.
10.6 Reporting requirements 276. TransKarachi’s PPIU will submit the RP internal monthly monitoring reports to the SMTA, which will in turn submit bi-annual reports to the ADB, covering the status of RP implementation in terms of required mitigation measures and necessary remedial actions to effectively address adverse social and resettlement impacts due to project implementation, status of implementation of livelihood activities, status of capacity building activities and documentation of complaints received and corresponding actions taken. The resettlement staff of the PPIU will maintain current records of RP implementation and other social safeguard activities and will provide findings of monitoring activities in the monthly progress reports. 277. In addition, a completion report on payments of compensation, allowances and clearing of the site will be prepared by the PPIU with support of the PMCSC prior to mobilisation of civil works, which will be verified by the external monitor. 278. The PPIU will be required to submit external monitoring reports to the ADB for review, to be posted on the ADB, SMTA and TransKarachi’s websites. Relevant information from the monitoring reports will also be disclosed to the DPs upon request, including information on financial progress/disbursement and progress on livelihood/income restoration, relocation, resettlement assistance and rehabilitation and grievances. The external evaluation will present findings to SMTA, TransKarachi, and ADB.
279. All publicly disclosed data will be edited to ensure privacy and confidentiality of DPs is protected.
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Appendices
A. Resettlement Brochure 91 B. Census Questionnaire 94 C. Socio-economic survey 108 D. Extended structure summary questionnaire 122 E. Static and mobile vendors summary questionnaire 124 F. DP socio-economic survey list 126 G. Displaced Persons Committees 128 H. Static and mobile vendor DP list and their workers 143 I. Public, commercial and charitable organisation structures 158
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A. Resettlement Brochure
Karachi's Red Line Bus Rapid Transit (BRT) What is the Karachi's Red Line Bus Rapid Transit (BRT) project?
Karachi’s transport system doesn’t meet the needs of the rapidly growing city and the people who live within it.
The BRT, or Bus Rapid Transit, system which is designed to address this issue, is a high-quality bus-based mass transit system able to move large numbers of people from their starting point to their destination, reliably, efficiently, comfortably and affordably.
The BRT Red Line, is the longest and busiest of all the BRT lines. It is being undertaken by the Transport and Mass Transit Department, Government of Sindh and will be financed by the Asian Development Bank.
It is integral to the well-planned, integrated mass transport system the city needs if it’s to become a world class city, attracting inward investment, reducing poverty and improving livability and is being designed and developed taking into consideration the needs of women, older people and those with disabilities.
ROUTE WITHOUT KARACHI BRT PROJECT ROUTE WITH KARACHI BRT PROJECT
What is the route of the BRT? The BRT Red Line runs from Numaish to Model Colony. It travels along University Road, passing through key locations including Malir Cantt, and by the three major hospitals close to Safoora Goth (Memon Medical Institute & Hospital, Dow University Hospital and the Karachi Institute of Radiotherapy and Nuclear Medicine) and SUPARCO. It will run in front of the University of Karachi and NED University of Engineering & Technology.
RESETTLEMENT
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What are the impacts to people’s assets and livelihoods from the project?
The project is carefully designed to cover the existing right of way (ROW) of the road and no businesses and households will be displaced. However, some extended businesses and mobile and static vendors’ will have to be temporarily or permanently displaced. The total number of static and mobile vendors as well as extended structures impinging in the ROW has been determined through the Census of DPs by the end of February 2019. The results will be reported in the Resettlement Action Plan, which will be completed by April 2019.
What are the principles guiding resettlement?
The Transport and Mass Transit Department (TMTD), Government of Sindh is addressing resettlement impacts according to the laws of Pakistan and the international guidelines of the Asian Development Bank. The resettlement objective is that livelihoods and standards of living for all people who are relocated are improved, or at least restored to pre-project levels. Additional support will be provided to people who are identified as very poor or vulnerable. This will be determined as part of the surveys that has already undertaken.
Who is eligible for compensation?
People who have been living and working in the Project area for several years and will lose land or access to livelihood resources because of the Project will be entitled to compensation. Valuations will be made of affected items such as houses, commercial buildings, fences and trees. Compensation will take into account whether a portion or all of the assets owned by an affected person will be affected and if the loss is temporary or permanent. Lack of legal documents or titles will not affect eligibility for compensation and assistance. Customary rights of occupancy will be recognized.
What is the cut-off date?
If people or households reside, occupy or use land needed for the Project prior to the cut-off date (which will be published as part of the resettlement surveys and process) then they will be considered resettlement affected and eligible for compensation and entitlements. People who occupy or move into the Project area after the cut-off-date are not eligible for compensation or resettlement assistance. Any changes made to assets owned after the cut-off date will not be compensated.
The cut-off date is linked to the resettlement surveys which are scheduled to at the end of February 2019. We need your help to inform newcomers to the resettlement affected areas that they will not be considered eligible for entitlements and that the land is being used for the Project.
What compensation are people entitled to?
People are entitled to compensation for their losses, including homes, businesses, land, fences and trees. People may also be entitled to allowances. Various aspects determine compensation, including the portion of land that is affected, whether the loss is temporary or permanent, whether one is using land that is formally or customarily owned or rented or used without agreement, what rental and
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tenancy agreements might exist, and what improvements have been made. Compensation will be based on replacement cost. Replacement cost refers to the amount of money needed for a similar item to replace the loss in its existing condition, including the current market price and transaction costs.
How does the resettlement plan process work?
The Transport and Mass Transit Department, Government of Sindh is going to conduct a survey and produce a resettlement plan by April 2019. The resettlement plan will orient negotiations with affected people. The key activities of the resettlement planning process include:
▪ Recognizing the existing community conditions
▪ Identifying who is affected by Project land acquisition and is eligible for compensation and resettlement assistance
▪ Surveying and measuring the land, structures, fences, trees and other items that will be taken or affected by the Project acquiring the land
▪ Developing options for compensating the resettlement impacts
Currently it is anticipated that the project consultants will contact proposed DP from the ROW of the BRT who will be impacted to interview them and measure the affected items in March 2019.
Once the resettlement action plan details the impacts, eligibility and entitlements in a transparent manner, the Government will begin agreeing the entitlement packages with permanent residing individuals and households who will be displaced. The Project is fully committed to compensating all resettlement affected households and displaced people but there is a limited budget and packages will need to be realistic.
GRIEVANCE REDRESS MECHANISM (GRM)
How do people contact the Project for more information or register a concern or complaint about the resettlement process?
If a person would like to contact the Project for more information or has a concern or complaint about the Project or about resettlement, they can use the form available at official government website (karachibrt.pk). For issues not related to resettlement or to present a grievance, please contact:
Name: Riaz Karim Khan Telephone: + 922135865392 Email: [email protected] Official Website : Karachibrt.pk
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B. Census Questionnaire
QUESTIONNAIRE FOR VENDORS CENSUS SURVEY
Karachi Bus Rapid Transit Project Red Line – 2018
Surveyor Name: Signature: Date: ____/___ _/____
Survey ID # Taken time (Min): ______Side: Left/Right
IDENTIFICATION
1.1 Chainage: ______Location of Business (address) with Landmark: ______
1.2 Located within ROW or outside ROW:
______
1.3 Vendor’s Name: ______Male/ Female: ______Father’s/ Husband’s Name: ______1.4 NIC No. ______Cell No. ______1.5 Reason (if no CNIC):______
1.6 Permanent Residential Address:
______
1.7 Satellite Coordinates: ______
1.8 Next of Kin (Name, Address & Contact No.):
______
______
1.9 Demographic Profile (a separate sheet for detail)
a. Adult Family member (#) Male ______Female ______
b. Children (under 14 Year) Male ______Female ______
c. Old (more than 60) Male ______Female ______
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1.10 What is your level of education? Primary ______Secondary ______
Tertiary______
2. INFORMATION ABOUT BUSINESS: 2.1 Type of Business: ------2.2 Seasonal
Full Year:
2.2.1. If seasonal, A. Summer: B. Winter:
2.3 Did you get permit for vending place: Yes No If yes, from whom: ______
2.4 How long you are doing business at current location: Years/Months
2.5 Did you pay money for getting this place for vending (other than rent):
Yes No
If yes, (a) how much: ______(b) To whom ______
2.6 Do you pay charge on monthly other than rent? Yes No SAFETY OF GOODS AND STRUCTURE
3.1 What is the arrangement for Safety of Goods/Structure after business hours:
______
3.2 Amount being paid for Security? a) Daily PKR ______b) Monthly PKR ____
PAYMENTS FOR SERVICES
4.1 Payment to the solid waste collector (in PKR): ______
4.2 Any other paid services (such as water): Type and Cost (in PKR): ______
4.3 Please specify the detail:
______
4.4 In case of tenant, monthly amount of Rent (PKR):
Do you have Lease agreement? YES/ NO (______):
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4.5 Name & address of Owner (Male/ Female):
______
4.6 any proof of ownership?______
4.7 Contact # of Owner: ______Occupation/Business of owner:
______
4.8 Is owner dependent on rent only: Yes [ ], No [ ]
4.9 In case of Business Operator, name of business owner: ______
Father’s Name: ______
4.10 NIC No. ______
4.11 Has the Vendor made any investment Yes [ ], No [ ]
· If yes, type of the investment: Land Improvement [ ] Construction of Structure [ ]
Purchase of business goods [ ] any other:
______
Year/month of Improvement/Investment ______Total Costs incurred (PKR)______
Cost sharing arrangements with the owner
______Profit sharing arrangement with the owner: ______
NATURE OF BUSINESS OWNERSHIP
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5.1 Nature of Ownership of Business
A. Sole Owner B. Business
Operator only
C. Shared Business – Profit % of Vendor ------
In case shared business, How many owns______D. Family
Enterprise with
What are the terms of Partnership______100% ownership
Written/Verbal:
E. Other – specify
Describe terms of partnership
5.2 Whether business is Full time Part-time
5.3 Any family members involve in business: # of Male # of Female
5.3.1. Family member(s) work Full Time Part Time:
5.3.2. Salaried/Non Salaried: Yes: No:
5.3.3. If salaried, how much are salaries (1) ______(2) ______(3)
5.3.4. What is the relationship with main business owner:------
5.4 Detail of Affected Employees
Nature of Stay at site
Annual
Employment Daily/ (Tick)
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Income
Name of (daily wage Monthly Total Male Female
from
S # Employee labor; monthly Wage Family and and
other Professions Educ
and NIC # wager or any Rate sources* with Members Ages Ages ation
other (PKR) alone family of family
(PKR) member
(specify)
*Income from other sources: Rent from property, remittances, not sale of items during a year, net income from agriculture, etc.
DESCRIPTION OF INDIRECT IMPACT DUE TO IMPACT ON THE BUSINESS:
6.1 Any person indirectly affected: Yes [ ] No [ ],
6.2 Description of Indirect Impact:
______
7. Type of Area that is in use for Business:
7.1. Empty plot/place [ ] 7.2. Commercial [ ] 7.3. Residential [ ] 7.4. Bus Stop
(formal/informal): [ ]
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7.5. Along the road: Yes [ ] No [ ], If yes, type of area [
]
7.6. Community Common Land [ ] 7.7. Others describe ______
7.8. If cannot categorize, provide description:______7.9. Snapshot/ Picture of Affected Structure: __ ( * )__ 8. Category of Land Use (in front of/ adjacent):
8.1. Residence______8.2. Commercial Plaza ______8.3. Community Common land______
8.4. Government (name Department
8.5. Community Structure and Type
8.6.Other (specify) or provide description:
ASSESSMENT OF ENCROACHED LAND/BUSINESS SPACE: 9.1
Affected Land/Business Space
Land
Terms of tenancy
Occupied by
S How much
Vendor at
Land fall within
site in sq/ft
# ROW (sq/ft) (Length x Advance to Rent/Month Period of Tenancy
Owner (PKR) (PKR) (yrs/months)
Width)
1 2 3 4 5 6
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9.2 In case of ownership claim of land (any proof or documentation, get a copy)______
9.3 Extent of Displaced: Temporarily: Permanently:
SQUATTERS/VENDORS/ STRUCTURE TYPE AND CONDITION:
a. Permanent/constructed (…) b. Semi-permanent (…) c.
Temporary (…)
d. Moveable (…) e. No structure (…) f. Other (specify)
6.1 Condition of Structure: a. Good (…) b. Poor (…) c. Unsafe: (…)
INVENTORY OF AFFECTED STRUCTURE
*Construction Size of Structure Replacement **Extent of
Category When Cost of Damage to
Cost of 6 Sr. Structure Structure Structure
Construction
Type (A, A, B, C, D, E,F) Length Width Area Constructed ((Partially /
#
(year/month) (PKR) (PKR) substantially/
(ft) (ft) (sq/ft) fully)
1.
2.
*Construction Category A+ i) Pacca Brick walls with cement mortar and cement plaster
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RCC Slab roof C i) Pacca/Katcha Brick walls/ pillars
Pacca Floor works mosaic Planks with mud roof iii) Katcha/Pacca Floor i) Pacca Brick walls cement mortar and cement plaster/ pointing
i) Katcha Brick/mud walls/Katcha pillars RBC Slab roof
Thatched roof Pacca Floor with Bricks/ Cement Floor Katcha Floor
i) Pacca Brick walls with mud mortar
Tiled roof with T-R Girders (wooden planks etc.)
Pacca Brick Boundary walls i) up to 5ft (2m) ii) 5ft Pacca Floor to 10 ft (3m)
F Pacca/Katcha wall
**Extent of Damage:
Partial = less than 10% damage, Medium = 11% to 20%, Severe = 21% +
11.1 a. Type of Utilities Installed:
______
Estimated Cost of Reinstallation:
______
Average Cost of Bills/maintenance Expenses:
______
11.2 Any Equipment Installed i.e. motor pump, UPS, generator etc.
Large stall, small stall, big cabin, small cabin, display stand, mobile showcase, vending by hand, selling in umbrella, box counter, wall display, vending vehicle, four wheel cart, three wheel cart, two wheeler hand cart, others (provide description)
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BUSINESS EXPENDITURES:
12.1 Expenditures
Daily/Weekly Average Monthly Expenses Operations and Maintenance Comments
(purchase of
goods) Salaries Utilities Tax Any Item Cost
other
12.2 Detail of Average Sale:
Sum/Total of Daily No. of Average Comments
Sale Daily
Customers
12.3 . INCOME FROM BUSINESS
12.3.1 Average Daily Gross Income:
12.3.2 Average Daily Gross Profit:
12.3.3 Evidence of Income (income tax receipt or any other proof):
12.3.4 Comments:
______
12.3.5 Extent of Impact on income due to loss of vending space during BRT Construction:
Partial = less than or up to 10% Substantial = 11% to 20% Severe = 21% +
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HOUSEHOLD INCOME
13.1 Who earns more than vendor in the household? Identify relation
______
13.2 Whether the Affected Business a major source of HH income: Yes [ ] No. [ ]
13.3 Whether vendor the only income earner in the family? Yes [ ] No. [ ]
14. VULNERABILITY IN THE FAMILY
14.1 Do you have any of following in your family: a. Chronic Disease ( ); b. Senior Citizen ( ); c. Widow ( ); d. Very poor ( );
e. HIV/AIDS ( ); f. Physical/ Mental disability ( ); g. Female Headed HHs ( ); h. Trans-gender ( ); i. Other ( ) specify
______
14.2 Description of Vendors Personal Vulnerability (can be multiple answers) a. Chronic Disease ( ); b. Senior Citizen ( ); c. Widow ( ); d. Very poor ( ); e. HIV/AIDS ( ); f. Physical/ Mental disability ( ); g. Female Headed HHs ( ); h. Trans-gender ( ); i. Other ( ) specify ______
14.3 Vulnerable /Non-vulnerable: Yes [ ] No [ ]
Justification for Vulnerability:______
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IN CASE OF ABSENTEE OWNER OF VENDING LAND/STRUCTURE
15.1 Absentee [ ] Temporarily away [ ]
15.2 Identity a) Name: ------b) Father’s Name: ------
c) ------d) Contact No: ------
e) Address:------