Social Monitoring Report PAK: Central Asia Regional Economic Cooperation Regional Improving Border Services Project

Social Monitoring Report

Project Number: 46378-002 January 2021

PAK: Central Asia Regional Economic Cooperation Regional Improving Border Services Project

Prepared by the Project Management Unit of the Federal Board of Revenue, Government of Pakistan for the Asian Development Bank.

This social monitoring report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the “terms of use” section on ADB’s 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 or any territory or area.

FEDERAL BOARD OF REVENUE GOVERNMENT OF PAKISTAN

PAK: Central Asia Regional Economic Cooperation Regional Improving Border Services (CAREC – RIBS) Project - Torkham Border Crossing Point (BCP) Loan No. 3344-PAK and 3345-PAK

THIRD SEMIANNUAL SOCIAL MONITORING REPORT (EXTERNAL) OF

IMPLEMENTATION OF LAND ACQUISITION AND RESETTLEMENT PLAN (LARP) AND ADDENDUM OF TORKHAM BCP

June 2020

Revised January 2021 by EMA and accepted by ADB

Prepared by the Project Management Unit of Federal Board of Revenue (FBR) Government of Pakistan with the assistance of External Monitoring Consultant engaged by PMU.

3rd Semiannual Social Monitoring Report (External) of LARP and Addendum of Torkham BCP, June 2020

TABLE OF CONTENTS

TABLE OF CONTENTS ...... 1

LIST OF TABLES ...... 3

LIST OF FIGURES ...... 3

LIST OF ANNEXES ...... 3

1. INTRODUCTION ...... 11

1.1 Background ...... 11

1.2 Sub-project Description ...... 12

1.3. Objectives of the Assignment ...... 14

2. APPROACH AND METHODOLOGY ...... 15

2.1 General ...... 15

2.2 Consultative Meetings ...... 15

2.3 Review of Documents for to-date Progress ...... 16

2.4 Field Survey, Data Collection and Analysis ...... 17

2.5 Study Team ...... 17

3. STATUS OF LARP IMPLEMENTATION ...... 18

3.1 LAR Impact Data ...... 18

3.1.1 Land Possession/Acquisition ...... 18

3.1.2 Affected Structures ...... 19

3.1.3 Affected Trees ...... 19

3.1.4 Livelihood Assistance/ Allowances ...... 20

3.1.5 Impact as per Addendum to the LARP ...... 20

3.2 Status LARP Implementation ...... 21

3.2.1 Status of Land Leased at Trade Terminal ...... 21

3.2.2 Status of Land Leased at Passenger Terminal ...... 21

3.2.3 Status of Compensation for Affected Structures ...... 22

3rd Semiannual Social Monitoring Report (External) of LARP and Addendum of Torkham BCP, June 2020

3.2.4 Summary of Status of Payment at 16.5 Acres of Private Land ...... 23

3.2.5 Affected Trees for the Torkham BCP ...... 25

3.2.6 Livelihood Assistance/Allowances ...... 25

3.3 Implementation Status of Addendum to LARP ...... 25

4. CONSULTATION, PARTICIPATION AND INFORMATION DISCLOSURE ...... 27

4.1 Consultative Meetings with Locals ...... 27

5. GRIEVANCE REDRESS MECHANISM ...... 30

5.1 Project Grievance Redress Mechanism ...... 30

5.2 Status of Complaints and their Redressal ...... 30

6. CONCLUSIONS AND RECOMMENDATIONS ...... 32

6.1 Conclusions ...... 32

6.2 Recommendations ...... 32

PHOTOLOG ...... 35

ANNEXES ...... 38

3rd Semiannual Social Monitoring Report (External) of LARP and Addendum of Torkham BCP, June 2020

LIST OF TABLES Table 1: List of Participants ...... 16 Table 2: Land Possession/acquisition for Torkham BCP ...... 19 Table 3: Affected Structures at Trade and Passenger Terminal of Torkham BCP ...... 19 Table 4: Affected Trees at Trade Terminal under Torkham BCP Subproject ...... 20 Table 5: Livelihood Assistance/Allowances to the Entitled APs ...... 20 Table 6: Affected Structures as per Addendum to LARP of Torkham BCP ...... 20 Table 7: Status of Lease for the Required Land for Torkham BCP ...... 22 Table 8: Status of Payment of Compensation for Affected Structures ...... 23 Table 9: Landowners & Encroachers of 16.5 acres & Status of Disbursement of Compensation .... 24 Table 10: Compensation for Affected Trees for the Torkham BCP ...... 25 Table 11: Livelihood Assistance to the APs under the LARP Implementation ...... 25 Table 12: Status of Payment for Affected Structures as per Addendum to LARP ...... 26 Table 13: Livelihood Assistance to APs as per Addendum to LARP ...... 26 Table 14: Consultative meeting/discussion with Tribe-elders and Locals ...... 28 Table 15: Community Concerns and their Redress ...... 29 Table 16: Status of Complaints by Type ...... 31 Table 17: Proposed Action Plan for the Implementation of LARP & Addendum to LARP .... 34

LIST OF FIGURES Figure 1: Existing BCP Layout of Torkham Border ...... 12 Figure 2: Planned BCP Layout of Torkham Border ...... 13

LIST OF ANNEXES Annex A: Linear Map of LAR Impact Free Area by Land Parcels ...... 39 Annex B: Lease Agreement with Community for 37.5 Acres or 300 Kanals ...... 40 Annex C: Feedback of EMA Field Visit and Meeting with APs ...... 41 Annex 1: Copy of Receipts of Payments and Cheques for Four Land Owners ...... 42 Annex 2: Minutes of Meeting of AC with Two APs regarding to receive their Payments ...... 45 Annex 3: AC Landi Kotal Field Visit Report regarding Follow-up of Leftover Payments ...... 46 Annex 4: Copy of AC Letter for Jirga negotiations meetings with 2 Unpaid APs ...... 47 Annex 5: Copy of MOM with Locals/APs about Untraceable Unpaid AP ...... 48 Annex 6: Revenue Record (Fard) of Land Ownership of Four Paid APs ...... 49 Annex 7: MOU between PMU-FBR and Land Owners ...... 51 Annex 8: Land Lease Agreement between Land Owners and PMU-FBR ...... 52

3rd Semiannual Social Monitoring Report (External) of LARP and Addendum of Torkham BCP, June 2020

ABBREVIATIONS AC Assistant Commissioner

AP Affected Person

ADB Asian Development Bank

BCP Border Crossing Point

CAREC Central Asia Regional Economic Cooperation

DC Deputy Commissioner

EA Executing Agency

EMA External Monitoring Agency

GRC Grievance Redress Committee

IMR Internal Monitoring Report

IR Involuntary Resettlement

ITTM Integrated Transit Trade Management

Km kilometer

KP Khyber Pakhtunkhwa

LARP Land Acquisition and Resettlement Plan

LPA Land Port Authority

NLC National Logistics Cell

O&M Operational and Maintenance

PIU Project Implementation Unit

PLPA Pakistan Land Port Authority

PMSC Project Management Support Cell

PMU Project Management Unit

RIBS Regional Improving Border Services

SPS Safeguard Policy Statement 2009

SWS Single Window System

TA Technical Assistance

TOR Terms of Reference

3rd Semiannual Social Monitoring Report (External) of LARP and Addendum of Torkham BCP, June 2020

EXECUTIVE SUMMARY (ES)

ES 1: Introduction

1. The Government of Pakistan is currently implementing the Central Asia Regional Economic Cooperation (CAREC) – Regional Improving Border Services (RIBS) Project with financial assistance of Asian Development Bank (ADB). The project aims to modernize Pakistan’s border point infrastructures to provide quality border-crossing services including reduced cross-border processing time for passengers and cargo at three border crossing points (BCPs) of Torkham, Chaman and Wagha; improvements of the infrastructure, facilities and equipment at all three BCPs; establishment of Pakistan Land Port Authority (PLPA) and improved knowledge and skills of BCP operating agencies.

2. Torkham BCP comprises of two terminals: trade terminal and passenger terminal. Trade terminal is further divided into import and export terminals. The project required a total of 59.3 acres of land (owned by local tribe called Khuga Khel1 before acquisition for the project). PMU prepared a draft LARP of the land and other impacts (see tables 7 and 8 for details on LAR impacts) in 2015, which was updated based on the detailed engineering design (DED) by PMU and approved by ADB in November 2018. The approved LARP was further supplemented by an “Addendum” to cover additional 27 structures (owned by 28 APs) which were impacted due to widening of a ‘cemented road’ in Torkham BCP area. The Addendum was approved by ADB in September 2019.

3. Recap of Land Already Cleared for Construction. Trade terminal of BCP (including import and export terminals) required a total 54 acres of land. Of this, 37.5 acres of land was handed over for construction after validation of payment to all 33 APs by EMA in the 1st external monitoring report of March 2019. Similarly, from the 16.5 acres of remaining land, 8.7 acres of land was cleared for construction after validation of payment to DPs by EMA in March 2019. The passenger terminal required 5.32 acres of land which was handed over for construction after validation of payments to all 12 APs through 2nd EMR in April 2020.

4. This is 3rd semiannual social monitoring report (External) prepared to validate the status of implementation of LARP and clearance of remaining 7.8 acres of land needed for trade terminal. The EMR describes disbursement of compensation & allowances to APs of land and encroachers owning structures on the land and resolution of the issues. The report covers an implementation period of 30 September 2020 although additional field visits were carried out by EMA to validate the landowners and land ownership on ground and EMA held meetings with APs, Jirga, PMU, and Assistant Commissioner (AC) Landi Kotal for this purpose.

ES 2: Overall LAR Impacts of Torkham BCP and Compensation Disbursement: 5. The summary below presents the overall impacts of BCP as per approved LARP and Addendum and confirmation of compensation disbursement to APs. I. LARP Impacts on Trade and Passenger Terminals

1 Khels’ are known as local tribes of Shinwari Pashtun including Khuga Khel, Fatimi Khel, Ashraf Khel and Basi Khel. According to the local traditions, Khuga Khel tribe owns all the land in the project area or its vicinity. Land title may not be transferred, but in case of land is required by any Department, this land can be taken on lease basis through the negotiation with ‘local Jirga’.

3rd Semiannual Social Monitoring Report (External) of LARP and Addendum of Torkham BCP, June 2020

a) Land: Torkham BCP required a total of 59.3 acres of land, owned by the tribe 54 acres of which fall under trade terminal whereas remaining 5.3 acres fall under passenger terminal. b) Structures: A total of 75 structures; 68 commercial 7 residential structures which required relocation. These were owned by 55 APs. Out of these, 54 structures owned by 42 APs were located at trade terminal while remaining 21 owned by 13 APs were located at passenger terminal. c) Trees: The trade terminal also affected a total of 38 trees (37 woods/ timber & 1 fruit) which were owned by the Khuga Khel tribe. d) Allowances: As per entitlement matrix of approved LARP, 37 of total 55 APs were also entitled to livelihood assistance/allowances in additional to normal cash compensation for land and land-based assets. These 37 APs include 33 employees of shops at trade-terminal and 4 at passenger terminal who are also considered as vulnerable2. II. Addendum to LARP: a) A total of 27 commercial structures owned by 28 APs also needed to be relocated and compensated under the approved Addendum.

ES 3: Overall Status of Compensation Disbursement and Implementation of LARP and Addendum: 6. LARP: The status of LARP implementation including payment of compensation and entitlements and community consultations, information disclosure and grievances redress mechanism, etc., is presented below:

1. Trade Terminal 1.1 Import Terminal a) Construction of import terminal required 37.5 acres of communal land which has been acquired by FBR on lease for 99 years from Khuga Khel tribe. As per lease agreement, PKR 22.05 million per year has been fully paid to the 3 elders of Khuga Tribe. b) The agreed amount of compensation PKR 22.05 million3 per year (as per lease agreement Annex B) has been fully paid to the representative of Khuga Khel tribe. Another amount of PKR 47.64 million has also been fully paid to 33 APs for 44 affected structures located on the land. The land was handed over for construction after validation of full payment to all APs by EMA in his 1st external monitoring report of March 2019.

1.2 Export Terminal a) According to the record maintained by Pak-Army, remaining 16.5 acres of land was considered as ‘Pak Army leased land’ since 1937. However, 7 local people claimed ownership of 7.8 acres land and filed writ petitions in the court. PMU and the Headquarter 11 Corps approached the Revenue Department for land ownership record). The revenue record identified 4 people as legal landowners

2 Vulnerable APs including those below poverty line, landless and those without legal title, elderly and women headed households. 3 The terms of payment are of Rs 76,800.00 per acre per year with 5% increase every year to be paid by FBR and a Parking fee of Rs 600 per vehicle to be paid by the Terminal Operator.

3rd Semiannual Social Monitoring Report (External) of LARP and Addendum of Torkham BCP, June 2020

(see evidence at Annex 6, 7 and 8) based on their land ownership certificates (called Fard in the revenue terminology) available in the revenue record. EMA reviewed the record and status of land on ground and confirmed these 4 landowners as eligible for land compensation on the terms and conditions of the land lease agreement for the import terminal. These landowners did not build any structures or assets on the land. Therefore, they are not eligible for any other compensation or allowances. Further, a lease agreement was signed between 4 landowners and PMU-FBR on 1st Mar 2020; and PMU-FBR has disbursed full amount of annual land compensation PKR 48.600 million (yearly payment based on the lease agreement) to the 4 landowners in June 2020. The evidence of payment showing receipts and compensation cheques is presented in Annex 1. b) After cross verifying 7.8 acres as owned by 4 landowners, the EMA found another 7 encroacher APs (list provided in table 9) in the field who built few structures (abandoned-not in use) on the land and claimed ownership of the land in addition to the structures built. PMU and EMA met with these people on dated 11-12-2020 (Annex C) and informed them about the revenue department’s confirmation that the land belonged to only 4 landowners as verified based on the revenue record. PMU informed them earlier also, but they kept demanding land ownership without providing any evidence of land ownership. PMU asked them to contact revenue department for their claim and obtain land ownership certificate in which case PMU will pay land compensation also. Nonetheless, they failed to show any document or proof in support of their claim. PMU further informed them that cost of their structures has been determined as PKR 6.499 million based on replacement costs and asked them to collect from PMU as compensation of abandoned structures. 4 of these 7 APs agreed and received an amount of PKR 6.499 million as compensation of structures and livelihood restoration allowance (Table 9). However, remaining 3 APs are yet to receive compensation. Two of them said they will receive compensation after settling compensation distribution mechanism within their family while one remaining AP has moved out of the project area. He will receive his compensation when he returns to the site and contacts PMU for payment. (EMA’s meeting with encroachers on 11 December 2020-evidence is provided at Annex C). c) Compensation amount of PKR 6.517 million payable to these 3 APs has been deposited in an escrow account of Assistant Commissioner (AC) Landi Kotal for payment to them when they approach AC or PMU for their payment. d) Earlier, 8.7 acres of 16.5 acres handed over for construction after validation of full amount of land compensation to APs through EMR of March 2019. This land was completely free from any private land use or any structures or assets built on the land. Thus, only land compensation had to be paid as per lease agreement which was fully paid by PMU.

2. Passenger Terminal a) Passenger terminal required 5.32 acres of land, out of which, 2.18 acres land was possessed by the National Database and Registration Authority (NADRA), Tehsil administration and Customs etc. since 1951. This land was free from any formal or informal use by any private parties or locals and was thus free from any safeguards related issues. While remaining 3.14 acres of land was owned by 12 APs. An amount of PKR 1.85 million was agreed as lease amount payable to 12 APs (belonging to Khuga Khel tribe), who have been fully compensated and possession of land handed over for passenger terminal construction based on the confirmation in 2nd EMR (May, 2020).

3rd Semiannual Social Monitoring Report (External) of LARP and Addendum of Torkham BCP, June 2020

ES 4: Status of Implementation of Addendum to LARP 7. The approved addendum required to compensate 27 commercial structures that were affected due to widening of an existing ‘Cemented’ road. These included hotels, weigh stations, shops, and kiosks, which are owned by 28 APs. A total amount of PKR 10.77 million to be paid to 28 APs who will be fully compensated. Moreover, there are 20 employees (in addition to 28 owners) who worked in these shops/hotels, etc. They are to be paid an amount of KPR 1.80 million on account of livelihood assistance/allowances. The payment of compensation has been transferred to DC Khyber for further disbursement to APs. The disbursement of payment of compensation to entitled APs not started yet as local tribe is claiming the ownership of land as well under this ‘Cemented road’ and between the ‘Cement road and Nullah’. PMU-FBR has requested to AC, Landi Kotal for determining the status of land ownership as per revenue record. As the status of land ownership identified, the disbursement of payment of compensation will be fully made to all entitled APs.

ES 5: PMU-FBR Exhaustive Efforts to Disburse Compensation to 03 Unpaid APs under the LARP Implementation

8. The EMA confirmed that the PMU-FBR made all their best efforts to resolve the concerns of 02 APs amicably by organizing a number local Jirga meetings in the office of AC, Landi Kotel. Copies of minutes of meetings of AC Landi Kotel with APs are presented in Annex 2, 3 and 4. PMU intends to continue meeting and persuading these APs for payments. In case of one untraceable AP, the PMU has made exhaustive efforts in reaching to this AP for disbursement of his payment of compensation but he is not interested in returning to the site and receiving compensation from PMU due to COVID-19.

9. The AC Landi Kotel also held a local ‘Jirga’ meeting on 22 July 2020 to find out this untraceable AP. The minutes of meeting (MoM) of AC with local Jirga is presented in Annex 5. PMU will further publish advertisement through local newspaper & local active social media pages and display of banner in the business centre (bazar) for information dissemination to reach/trace 01 unpaid AP.

10. Thus, the unpaid amount of compensation is in the office of Assistant Commissioner, Landi Kotel (Escrow account) till the time, these leftover 03 APs directly or through PMU approach for disbursement of their compensation.

ES 6: Consultative meetings with Elders of Tribes/APs 11. Consultative meetings were held during 27-31 Jul 2020 including elders of local tribes named as Ashraf khel, Fatimi khel and Basi khel” of Khuga Khel Shinwari tribe and APs/ local community. Due to present Covid-19 pandemic situation, public consultations meetings in person are restricted although through virtual/mobile phone communications consultative meetings were held. A third round of consultations/field visit was carried out from 8-14 & 17 Dec. 2020 for further clarifications and confirmation about the status of disbursement of leftover payment. The elders of tribes and local community appreciated this project and showed their willingness and interest to provide their full support and cooperation for the successful completion of this project. This project will enhance the trade activities, living standard; reduce travel time and vehicle operating costs. The consultation meetings with tribe elders/APs and local community are presented in Table 13. Local people emphasized for hiring of locals (especially APs) in appropriate work opportunities as laborers or some semi- skilled jobs in the project on-going activities. In this context, it is pointed out that at present

3rd Semiannual Social Monitoring Report (External) of LARP and Addendum of Torkham BCP, June 2020

total 71 semi-skilled and unskilled staff has been employed, out of which, 55 workers/staff is local belonging to Landi kotel, Torkham and from other neighboring localities.

ES 7: Project Grievance Redress Mechanism: 12. In accordance with the LARP of Torkham BCP Project, the nomination of members for ‘Jirga’ and Grievance Redress Committee (GRC) has already been notified. To address the complaints and grievances (if any), a three-tiers grievance redress mechanism have been established which includes: (i) local Jirga (including PIU and community representatives); (ii) Grievance Redress Committee at Project Level (headed by Assistant Commissioner); and (iii) District Administration i.e. Deputy Commissioner, Landi Kotal. However, aggrieved person (s) has the right to access the country's judicial system as and when required. 13. The project grievance redress mechanism is in place and fully operational. Total 64 complaints received and entered at CCMR. The complaints were relating to non-payment of structures, privacy issue, less assessment of compensation and ownership issues. To-date status revealed that 62 complaints have been resolved satisfactory and accordingly informed to the complainants. Two complaints (less assessment of compensation and joint ownership) are under process at PIU/PMU; and the local Jirga meetings are continued to redress their complaints amicably.

ES 8: Conclusions 14. Based on the information provided in this this 3rd EMR, the following conclusions derived are as below:

a) This 3rd EMR validates that Torkham BCP subproject required total 59.3 acres of land, out of which 54 acres and 5.32 acres for Tarde terminal and Passenger terminal respectively. b) At trade terminal, 37.5 acres communal land was LAR impact free and payment for lease of land to the elders of 3 tribes/clans of Khuga Khel on annual basis with 5% annual increment has been fully paid and validated in 1st EMR (Dec. 2019). Accordingly, ADB issued Notice to Proceed (NTP). c) Out of 16.5 acres, 8.75 acres found LAR impact free, as the land was under lease by the Pak Army since 1937 and there were no affected private structures/ assets on this land parcel. This was validated in 1st EMR (March 2019); and accordingly, the NTP issued by ADB. d) In case of remaining 7.8 acres of land, the payment of compensation for land (land- leased) and land based assets/and other impacts have been fully paid inclusive of livelihood assistance/allowances to all entitled APs except 3 APs two of which initially refused to accept compensation but later after meeting with EMA on11 December they agreed to receive compensation after settling their family dispute on distribution of compensation. The remaining third AP moved out of the project area due to COVID- 19 and he will receive his compensation when he returns to the area. e) In case of Passenger terminal (i.e. 5.32 acres of land including 3.125 acres private land), the payment of compensation for land (land-leased) and land based structures/assets have been fully paid that has also been confirmed in 2nd EMR (May 2020) and cleared by ADB. f) As per Addendum to LARP, total payable compensation amounting to PKR 12.58 million will be disbursed to the entitled APs after the ascertainment of land ownership of ‘Cement road’ and between ‘road and nullah’ as the APs claimed the land ownership as well.

3rd Semiannual Social Monitoring Report (External) of LARP and Addendum of Torkham BCP, June 2020

ES 9: Recommendations 15. The EMA makes the following recommendations to ensure full payment of compensation to the leftover APs as per approved LARP and Addendum to LARP:

a) The commencement of civil works may be allowed by ADB on the required land parcel of 7.8 acres as the payment of compensation for land (land-leased) and land based structures/assets and other impacts have been fully paid inclusive of livelihood assistance/allowances to all entitled APs except 3 APs left. The unpaid amount of compensation for three unpaid APs is in the office of Assistant Commissioner, Landi Kotel (Escrow account) till the time they directly contact AC Landi Kotal or PMU for their payments. b) PMU to continue to hold consultation meetings and build a close liaison with APs/local community and resolving their issues/ and or clarifications to avoid any complaints going to ADB or OSPF. This can be best done by holding regular fortnightly meetings by community liaison officer/social mobilization staff by involving local Jirga/tribe elders, so that locals and APs are well aware about LARP and addendum implementation, payment to APs and project construction activities. c) The project area demarcation should be made, so that the landowners/local community could easily understand the limit of the project area. d) As per Addendum to LARP, total payable compensation amounting to PKR 12.58 million will be disbursed to the entitled APs after the ascertainment of land ownership of ‘Cement road’ and between ‘road and nullah’ as the APs claimed the land ownership as well. e) Due to present COVID-19 pandemic situation, virtual communication (mobile phone, WhatsApp and social media pages) & physical community meetings will need to be continued to get feedback & redress of complaints of APs and local community as well as other stakeholders. f) PMU-FBR needs to assess how many additional project related jobs to the APs/locals could be provided as 71 semi-skilled/unskilled staff/ workers including 55 local peoples have already been employed under the project.

3rd Semiannual Social Monitoring Report (External) of LARP and Addendum of Torkham BCP, June 2020

1. INTRODUCTION

1.1 Background

1. The Subproject “Torkham Border” (CAREC-RIBS) is being implemented in Khyber Pakhtunkhwa with the financial assistance of the Asian Development Bank to modernize its border point infrastructure to make available quality border-crossing services. Pakistan’s geographic proximity to two largest global economies, China, and India, makes it a potential transit trade hub in Central Asia. Making Pakistan the regional trade hub will facilitate diversified trading activities resulting to progressive economic growth and subsequent reduction in poverty in the region. It will also benefit its neighbors in landlocked countries of Central Asia, Western China, India, and the Arabian Gulf where a sizeable portion of global trade originates.

2. The project is a multi-faceted Border Services Improvement Project (BSIP) at three Border Crossing Points (BCPs), i.e. the Wagah BCP (Punjab Province), Torkham BCP (KP) and Chaman BCP (Baluchistan Province). Under the project, at all three border crossing points, it is aimed to i) construct new infrastructure such as import & export processing zones, passenger terminal with separate parking areas; ii) construct integrated administrative office buildings; iii) widen approach roads, and install new multi-approach traffic lanes with checking booths, iv) to install new equipment such as cargo X-Ray scanning, truck weighing and pedestrian multi-entry and exit lane scanning and detection equipment; v) to install new Information and Communication Technology (ICT) hardware and software as part of the transition to a Single Window System (SWS).

3. Torkham BCP comprises of two terminals: trade terminal and passenger terminal. Trade terminal is further divided into import and export terminals. The project required a total of 59.3 acres of land (owned by local tribe called Khuga Khel4 before acquisition for the project). PMU prepared a draft LARP of the land and other impacts (see tables 7 and 8 for details on LAR impacts) in 2015, which was updated based on the detailed engineering design (DED) by PMU and approved by ADB in November 2018. The approved LARP was further supplemented by an “Addendum” to cover additional 27 structures (owned by 28 APs) which were impacted due to widening of a ‘cemented road’ in Torkham BCP area. The Addendum was approved by ADB in September 2019.

4. Resettlement monitoring of CAREC-RIBS is required to be undertaken by PMU at two levels. Internal monitoring of LARP and Addendum; and external monitoring of LARP and Addendum. Internal monitoring is carried out by PMU through the supervision firm. The external monitoring is carried out by the external monitoring consultant hired by PMU and the frequency of monitoring is semi-annual. As per this requirement, this is 3rd semiannual social

4 Khels’ are known as local tribes of Shinwari Pashtun including Khuga Khel, Fatimi Khel, Ashraf Khel and Basi Khel. According to the local traditions, Khuga Khel tribe owns all the land in the project area or its vicinity. Land title may not be transferred, but in case of land is required by any Department, this land can be taken on lease basis through the negotiation with ‘local Jirga’.

3rd Semiannual Social Monitoring Report (External) of LARP and Addendum of Torkham BCP, June 2020

monitoring report (external) which has been prepared to validate the status of implementation of LARP and clearance of remaining 7.8 acres of land needed for trade terminal. This EMR describes the disbursement of compensation & allowances to the APs of 7.8 acres of land and resolution of the APs issues and grievances in accordance with payment procedure and GRM of LARP and Addendum. The report covers an implementation period of 30 September 2020 and EMA conducted field visits to the project site and held meetings with PMU, APs, Jirga, and Assistant Commissioner (AC) Landi Kotal as part of cross verification and validation of land ownership and disbursement of compensation to actual landowners.

1.2 Sub-project Description

5. The sub-project “Torkham Border” is one of the three Border Crossing Points5 (BCPs) that are used for transit trade with Afghanistan, India and potentially the Central Asian Republics. The sub-project (the border crossing points) is aimed to (i) construct new infrastructure such as import export processing zones, passenger terminal with separate parking areas; (ii) construct integrated administrative office buildings; (iii) widen approach roads and install new multi-approach traffic lanes with checking booths, (iv) to install new equipment such as cargo x-ray scanning, truck weighing and pedestrian multi entry and exit lane scanning and detection equipment; (v) to install new Information and Communication Technology (ICT) hardware and software as a part of the transition to a Single Window System (SWS). The existing and proposed BCP layout plan of Torkham Border is presented in Figure 1 and 2, respectively. A linear map showing the LAR impact free area by land parcels is presented in Annex A. Figure 1: Existing BCP Layout of Torkham Border

5 Three BCPs include: (i) Wagah (Pakistan-Indian Border), (ii) Torkham and (iii) Chaman (Pakistan-Afghanistan Border).

3rd Semiannual Social Monitoring Report (External) of LARP and Addendum of Torkham BCP, November 2020

Figure 2: Planned BCP Layout of Torkham Border

3rd Semiannual Social Monitoring Report (External) of LARP and Addendum of Torkham BCP, November 2020

1.3. Objectives of the Assignment

6. In accordance with the terms of reference (TOR), the external monitoring has been conducted for the implementation of LARP and addendum to the LARP of Torkham Border Project with the following major objectives: i) Review the effective implementation of LARP and addendum to LARP in accordance with ADB SPS 2009. ii) Monitor and assess whether resettlement objectives, particularly livelihoods and living standards of the affected persons (APs) have been restored or enhanced. iii) Validate the status of LARP implementation as reflected in the semiannual social monitoring report (s) prepared by the PMU and its field offices (PIUs). iv) Assess adequacy and effectiveness of the grievance redress mechanism. v) Verify claims through random checking by involving affected people and community groups to assess that the land acquisition/ resettlement objectives have been generally met. vi) Confirm if APs have received their compensation and rehabilitation assistance prior to handing over of sites for commencement of civil works. vii) Assess the capacity of APs to restore/re-establish livelihoods and living standards. Special attention will be given to non-titled, severely affected, and vulnerable APs.

viii) Verify whether the overall project and resettlement objectives are being met in accordance with the LARP and Addendum to LARP; and if not, then to suggest corrective measures.

3rd Semiannual Social Monitoring Report (External) of LARP and Addendum of Torkham BCP, November 2020

2. APPROACH AND METHODOLOGY

2.1 General

7. In accordance with the terms of reference, this is the third deliverable under the EMA assignment, i.e. Third Semiannual Social Monitoring Report (External) for LARP and Addendum to LARP implementation of Torkham BCP Sub-project.

8. The approach and methodology for conducting this 3rd Semiannual SMR (External) includes: (i) review of to date progress, available data regarding payment of compensation, status of grievances, internal monitoring report/ progress reports, identification of appropriate set of indicators for analyzing the to date status of LARP implementation including payment of compensation, relocation and livelihood assistance/ allowances, delivery of entitlement packages to the eligible and entitled APs and (ii) validation of payment disbursed to the entitled tribe elders/ APs through random checking during field visit and by virtual communication/mobile phone calls due to COVID-19.

9. The following key activities were conducted for the preparation of this third external resettlement monitoring report:

 Consultations with APs and officials of PMU/PIU, PMC, contractor (virtual/mobile phone and field visit).  Review of to-date status of progress, semi-annual social monitoring report, drawings/ maps  Data collection/field survey (virtual/mobile phone and field visit), spot checking etc.  Strengths and weaknesses, implementation strategies, including institutional arrangements including grievance redress mechanism  Data inputting, processing, and analysis.

2.2 Consultative Meetings

10. In addition to virtual/mobile phone discussions, the consultative meetings were also held (27-31 July 2020 and 29- 30 Sep 2020) with the APs/local community/tribe elders and officials of PMU/PIU, PMC and contractor. A third round of consultations/ field visit was carried out from 8-14 Dec. 2020 for further clarifications and confirmation about the status of disbursement of leftover payment. A meeting was also held at FBR/CSC office at Islamabad on dated 17-Dec-2020 to share the updated situation in the project area. The project officials also shared the updated status of implementation of LARP & addendum including payment of compensation, complaints redressed/under process efforts made to make the payments to leftover APs. A list of participants is given in Table 1.

3rd Semiannual Social Monitoring Report (External) of LARP and Addendum of Torkham BCP, November 2020

Table 1: List of Participants Sr. No. Name Designation Department/ Organization 1. Mr. Tashfeen Hussain Deputy Project Integrated Transaction Trade Director (DPD) Management System (ITTMS)/ PMU, FBR, Islamabad (Virtual/mobile phone communications). 2. Mr. Manzar Hassan Deputy Team Leader Project Management Support Consultant (PMSC), Islamabad. 3. Mr. Muhammad Imran Assistant District Administration, Landi Kotel, Khan Commissioner District Khyber, KP. 4. Mr. Hussain Ahmad Siraj Social Safeguard Construction Supervision Consultant Specialist (CSC), Islamabad. 5. Mr. Faisal Javed Chief Accounts Officer PMU (ITTMS), FBR, Islamabad. FBR, 6. Mr. Shahzad Khan Audit Officer PMU (ITTMS), Islamabad. 7. Mr. Bilal Khan M&E Officer PMU (ITTMS), Islamabad. 8. Mr. Muhhammad Tayyab Planning/Project CSC, Islamabad. Management Engineer 9. Mr. Bilal Ahmad Structure Engineer CSC, Islamabad. 10. Mr. Shabbir Ahmad Khan Community Liaison NLC, Torkham Officer 11. Mr. Mukhtar Ali Senior Project NLC, Torkham Coordinator 12. Mr. Fazal Wadud Managing Director Inclusive Construction Company, Torkham 13. Mr. Ayaz Ahmad Finance Manager Shah’s Sons, Torkham 14. Mr. Shaukat Ali Shahid EM Consultant Third Party (Consultant) 15. Mr. Ali Akbar Survey enumerator EMA team member

2.3 Review of Documents for to-date Progress

11. The project documents and available data showing to-date status of progress of LARP implementation was reviewed. The main documents/data reviewed are as below: • Semi-annual social monitoring report of Torkham BCP (17 Sep 2020): PAK: Central Asia Regional Economic Cooperation Regional Improving Border Services Project (CAREC-RIBS). • Financial record for the disbursement of payment of compensation and livelihood assistance/ allowances to the APs. • Record of CCMR to review the number of complaints registered and accordingly status of their redressal. • Updated LARP of Torkham Border (November 2018): PAK: Central Asia Regional Economic Cooperation and Regional Improving Border Services Project

3rd Semiannual Social Monitoring Report (External) of LARP and Addendum of Torkham BCP, November 2020

• Addendum to LARP of Torkham Border: PAK: Central Asia Regional Economic Cooperation and Regional Improving Border Services Project.

2.4 Field Survey, Data Collection and Analysis

12. This is the third semiannual SMR (External) prepared based on both primary and secondary data. The secondary data was compiled from the project documents (i.e. LARP, Addendum to LARP, semi-annual social monitoring report (Jan- July 2020) for the preparation of this 3rd semiannual EMR (Jan- July 2020) report, although some additional progress/queries related to the implementation period are beyond July 2020. The primary data was collected from field including consultations (virtual/ mobile phone communication) and physical observations/confirmation. A third round of consultations/field visit was carried out from 8-14 &17 Dec. 2020 for further clarifications and confirmation about the status of disbursement of leftover payment. The data was collected from randomly selected available elders of tribes/ APs who have received payment of ‘lease royalty’ and ‘parking charges’ and payment of structures and trees compensation as well as livelihood assistance/ allowance. The community consultations (mobile discussions due to Covid-19) were made in order to get the feedback of APs/community elders (Mashran) about the implementation of LARP and addendum to LARP activities.

13. After inputting, data processing and analysis was made, and desired tables were derived. The results have been presented using sum, means, percentage as well as pictorial presentation of some selected events.

2.5 Study Team 14. In addition to the EM expert, two experienced local team members from Peshawar were involved in field survey, including interviews/community consultations (both online and at site. The external monitoring team includes: - Mr. Shaukat Ali Shahid, EM Consultant - Mr. Ali Akbar, Survey enumerator (local member) - Ms. Samina Parveen, Survey enumerator (female member) - Mr. Muhammad Asghar, (Data Manager/-computer application)

3rd Semiannual Social Monitoring Report (External) of LARP and Addendum of Torkham BCP, November 2020

3. STATUS OF LARP IMPLEMENTATION

3.1 LAR Impact Data 15. As per approved LARP and Addendum, the project impacts have been recaptured below with disbursement of compensation and other entitlements to APs. I. LARP Impacts on Trade and Passenger Terminals a. Land: Torkham BCP requires a total of 59.3 acres of land owned by the tribe Khuga Khel6 including Fatimi Khel, Ashraf Khel and Basi Khel as sub-clans. Of the total land, 54 acres fall under trade terminal whereas remaining 5.3 acres fall under passenger terminal. b. Structures: Total of 75 structures comprising of 7 residential and 68 commercial structures owned by 55 APs were impacted and accordingly involved their relocation. a. 54 structures (including grocery store, tyre repair shops, saloon, hotels, rooms, weigh stations and petrol pump) owned by 42 APs were located at trade terminal b. While 21 structures/shops owned by 13 APs were located at passenger terminal. c. Trees: A total of 38 trees (37 wood/ timber & 1 fruit) owned by Khuga Khel were also affected at trade terminal only. d. Allowances: In addition to normal cash compensation to all APs of land and land- based impacts, 37 APs were also entitled to livelihood assistance/allowances. a. 33 employees at trade-terminal and b. 4 vulnerable7 APs at passenger terminal. II. Addendum:

a. A total of 27 commercial structures existed on the right-of-way (ROW) of ‘nullah and cemented road’ owned by 28 APs. Payment of compensation and relocation to be provided as per approved addendum. In addition, locals/local tribes are claiming the ownership of land under the ‘Cemented road’ and between the ‘Cement road and Nullah’.

16. This subproject impacts, status of payment of compensation and number of affected persons (APs) are discussed in the ensuing section of this report.

3.1.1 Land Possession/Acquisition

17. Torkham BCP subproject involves possession of 59.3 acres of land, out of which 54 acres fall under Trade terminal and 5.32 acres under Passenger terminal. The land possessed/ and or to be possessed at both terminals is belonging to the tribe Khuga Khel (Fatimi Khel, Ashraf Khel & Basi Khel). Details are given in Table 2.

6 Khels’ are known as local tribes of Shinwari Pashtun including Khuga Khel, Fatimi Khel, Ashraf khel and Basi Khel. 7 Vulnerable APs including those below poverty line, landless and those without legal title, elderly and women headed households.

3rd Semiannual Social Monitoring Report (External) of LARP and Addendum of Torkham BCP, November 2020

Table 2: Land Possession/acquisition for Torkham BCP Land use/ownership Land Remarks (Acres) A) Trade Terminal i) Communal land 37.5 All land and other non-land assets belong to Khuga Khel, tribe (Clans: Fatimi Khel, Ashraf Khel & Basi, Khel). ii) Private land 8.75 Previously, this land was leased-in by the Pak Army up to 19378, but now its status has been recognized as private land owned 7.75 by 4 persons/landowners. Sub-total (A) 54.0 B) Passenger Terminal i) Government (NADRA, Tehsil Admn & 2.18 - Customs) ii) Private land 3.14 Land is owned by 12 owners Sub-total (B) 5.32 - Total (A+B) 59.32

3.1.2 Affected Structures

18. There are total 75 affected structures (7 residential and 68 commercial structures) located at both trade and passenger terminal owned by 55 APs. Of the total structures (75 Nos.), 54 Nos. located at trade terminal and 21 Nos. at passenger terminal. The major affected structures include houses, hotels, shops/cabins, weigh stations and fuel station. Details are summarized in Table 3.

Table 3: Affected Structures at Trade and Passenger Terminal of Torkham BCP Type of Structures Nos. No. of Payable Remarks APs Amount (PKR in M.) A) Trade Terminal i) Residential structures (Houses) 07 07 62.43 − All affected structures ii) Commercial structures 47 35 are belonging to the Khuga Khel tribe. Sub-total (A) 54 42 62.43 B) Passenger Terminal iii) No. of commercial structures 21 13 11.02 Total (A+B) 75 55 73.45

3.1.3 Affected Trees

19. Total 38 trees are affected due to the implementation of this subproject. Out of which, 37 are wood/timber trees (8 Acacia Nilotica and 29 Eucalyptus) and one is fruit tree (Mulberry). All trees are owned by khuga Khel tribe. Break-up of trees and the amount of compensation is depicted in Table 4.

8 Initially as per MEO record, this 16.5 acres of land was considered Army possessed land upto 1937, for which Army issued NOC to FBR on 25 June 2018 for its use under the project. Locals filed writ petitions in courts (claims of ownership). This issue was resolved in the meeting of PSC (19 Feb 2020) and now this 16.5 acres of land is recognized as private land.

3rd Semiannual Social Monitoring Report (External) of LARP and Addendum of Torkham BCP, November 2020

Table 4: Affected Trees at Trade Terminal under Torkham BCP Subproject Type of Tree Nos. Amount Remarks (PKR in M.) A) Trade Terminal i) Acacia Nilotica (Kikar) 8 0.372 All affected trees are owned by (Wood/timber trees). Khuga Khel tribe. ii) Eucalyptus 29 0.821 iii) Mulberry (Fruit tree) 1 0.027 - Total 38 1.220 -

3.1.4 Livelihood Assistance/ Allowances

20. There are total 37 APs entitled for livelihood assistance/allowances, i.e. 33 employees at trade terminal and 4 vulnerable APs at passenger terminal (Table 5).

Table 5: Livelihood Assistance/Allowances to the Entitled APs Impact No. of Total Remarks Employees/ Payable APs Amount (PKR in M.) A) Trade Terminal Employees 33 1.485 - B) Passenger Terminal Vulnerable 4 0.180 Total (A+B) 37 1.665 -

3.1.5 Impact as per Addendum to the LARP

21. The addendum to LARP (September 2019) has been prepared to cover some additional impacts due to the widening of ‘cemented road’. As per addendum to LARP, 27 commercial structures were identified, which were owned by 28 APs who are eligible and entitled for the payment of compensation. The details are summarized in Table 6.

Table 6: Affected Structures as per Addendum to LARP of Torkham BCP Type of Structures Nos. No. Payable Remarks of APs Amount (PKR in M.) i) Commercial Structures 28 27 7.031 ii) Allowances/assistance - 27* 5.545 APs of affected commercial structures are also entitled for allowances/assistance Total 28 27 12.576 * APs of affected commercial structures are also entitled for allowances as well.

3rd Semiannual Social Monitoring Report (External) of LARP and Addendum of Torkham BCP, November 2020

3.2 Status LARP Implementation

22. LARP: The status of LARP implementation including payment of compensation and entitlements for affected land/land lease, structures, trees, and livelihood assistance/allowances is discussed in this section of the report.

3.2.1 Status of Land Leased at Trade Terminal

23. Total land required for the Torkham BCP is 59.32 acres. Out of which, 54 acres is required for Trade Terminal (Import & Export) and 5.32 acres for Passenger Terminal.

24. Communal Land (37.5 acres): After negotiation with the elders of tribes, PMU-FBR acquired 37.5 acres land on lease for 99 years since 2017. PMU-FBR has made payment of lease rent to the elders of three tribes of Khuga Khel on annual basis with 5% annual increment. The lease agreement with the community is presented in Annex B. This LAR impact free land has already been validated in 1st EMR (March 2019). ADB has issued Notice to Proceed (NTP).

25. Private land (16.5 acres): Of the total land (54 acres) at trade terminal, 16.5 acres was leased land by the Pak Army up to 1937. Out of 16.5 acres, 8.75 acres found LAR impact free, i.e. no affected private structures/ assets) and validated in 1st EMR (March 2019); and accordingly, NTP issued by ADB. 26. The remaining area of 7.8 acres of leased land is used by 7 APs who built 10 structures (including one residential) on the land. These people claimed ownership of the entire army leased land (i.e. 16.5 acres) and went to the Court for a decision. Consequently, in PSC meetings on 19-Feb-2020 and all parties meeting on 28-Feb-2020 at HQ 11 Corps based on the revenue record (‘Fard’), all 16.5 acres (8.75+7.75) recognized as private land owned by four land owners. Accordingly, a lease agreement signed between landowners and PMU-FBR on 1st Mar 2020 and full payments (PKR 48.60 million) of leased land has been made to all four landowners/APs on 23-Jun-2020. A copy of the receipts of payment is attached as Annex 1. Details regarding lease for required land are given in Table 7.

3.2.2 Status of Land Leased at Passenger Terminal

27. The status of land leased at Passenger Terminal depicted in Table 7 reveals that the Passenger terminal required 5.32 acres of land, out of which, 2.18 acres land is possessed by the National Database and Registration Authority (NADRA), Tehsil administration and Customs etc. since 1951. While remaining 3.14 acres of land was owned by 12 APs. An amount of PKR 1.85 million was agreed as lease money payable to 12 APs (belonging to Khuga Khel tribe), which have been fully paid.

3rd Semiannual Social Monitoring Report (External) of LARP and Addendum of Torkham BCP, November 2020

Table 7: Status of Lease for the Required Land for Torkham BCP Land Ownership Quantity No. of Amount To-date Status Remarks of Land APs (PKR in LARP (Acres) M.) Implementatio n A) Trade Terminal I. Land owned by 37.50 Land 22.050 10 − Fully paid . − Fully paid to three local the community owned by tribes/ Khel include (i) Fatimi (Communal 3 Clans of Khel (ii) Ashraf Khel and (iii) land9) Khugha Basi Khel of Khuga Khel of Khel tribe. Shinwari Pashtun tribe. − Validated in 1st EMR 2019 and NTP already issued by ADB. II. Land owned 16.50 Private 48.60 − Fully paid As per the record of MEO, 16.5 privately land acres of land is leased land with Army since 1937. − 8.75 acres were LAR impact free land, validated in EMR 2019 and NTP already issued by ADB. − 7.75 acres: Fully paid to all 4 landowners/representatives of tribe (Mr. Mubarak Zeb, Mr. Zeb Khan M. Aslam and Ajeer Ullah (Receipts of payment are in Annex 1). Sub-total (A) 54.00 70.65 - - B) Passenger Terminal III. Land under 2.18 - - - Land is possessed by NADRA/ use of Govt. Customs & Tehsil Admn since Departments 1951 transferred to PMU for (NADRA, the project. Customs) IV. Land owned 3.14 Land 1.847 Fully paid and validated in 1st − Fully paid by the owned by EMR 2019 and transferred to community Individuals PMU for project. (Private land) Total (A+B) 59.31 - 72.497 - -

3.2.3 Status of Compensation for Affected Structures

28. There are total 75 affected structures, i.e. 7 and 68 are the residential and commercial11 respectively owned by 55 APs. The payable amount of compensation of 75 affected structures is PKR 73.45 million. To date status of payment of compensation summarized in Table 8 and 9 reveals that of PKR 69.842 million has been paid to the 52 APs (95%). The remaining amount of compensation of PKR 6.499 million is payable to 3 unpaid APs of trade terminal. Two of these 3 unpaid APs, have agreed to receive compensation after settling the family dispute on distribution of compensation money while remaining one AP who moved out of the area due to COVID-19 will receive compensation after he returns to the area. (EMA’s discussion with unpaid APs in his meeting in 11 December 2020-evidence at

9Communal land owned by three clans of Khuga Khel Clan of Shinwari Pashtun tribe. 10 On behalf of the Pakistan Land Port Authority (PLPA), FBR is paying PKR 20 Million rent per year with 5% increment for the leased land, while NLC (terminal operator) is paying PKR 600 per truck as royalty to the tribe. 11 Of the total structures, 7 commercial structures (1 petrol pump, 2 weigh stations, 2 cabin and 1 hotel) and one house of Katai Khan are on land leased by the army.

3rd Semiannual Social Monitoring Report (External) of LARP and Addendum of Torkham BCP, November 2020

Annex C). For the AP who is not available in the project area, PMU issued an advertisement through a local newspaper as well as other active social media page will uploaded for information dissemination. Feedback of EMA meeting with APs/unpaid APs on dated 11-12- 2020 is presented in Annex C.

Table 8: Status of Payment of Compensation for Affected Structures

Status of Payment of Compensation Remarks (PKR in M.) Type of Structure Amount No. of Amount No. of PKR M. PKR No. of of No. Payable Payable Amount N o. of APs

Structures paid APs Unpaid APs A) Trade Terminal I. Structures located on Communal land (37.5 acres) Hotels 7 7 2.401 2.401 7 - - Bread making oven 3 2 0.769 0.769 2 - - shops (Tandoor) Tyre repair 4 4 0.983 0.983 4 - - Fully Paid Saloon 3 1 0.841 0.841 1 - - Houses and rooms 8 7 3.074 3.074 7 - - General Stores, Tyre 19 13 4.047 4.047 13 - - Shop (Cabin) II. Structures located on Private land (16.5 acres) Petrol Pump 1 1 35.32 35.32 1 - - Weigh Stations 2 2 6.959 6.959 2 - - Fully Paid Hotel & G. Store 3 2 1.338 1.338 2 - - General Store, Tyre 3 2 0.639 - - 0.639 2 1 AP is untraceable, while Shop (Cabin) 2 APs will receive payment after settling House (vacant) 1 1 5.86 - - 5.86 1 internal issues in the families about distribution of payment. Sub-total (A) 54 42 62.431 55.732 39 6.499 3 B) Passenger Terminal (5.32 acres) Shops (1 operational) 9 9 7.57 7.57 9 Fully Paid Fully Paid

Fully Paid Markets-3 (vacant) 10 3 2.72 2.72 3 Fully Paid Fully Paid Rooms (vacant) 2 1 0.73 0.73 1 Fully Paid Fully Paid Sub-total (B) 21 13 11.02 11.02 13 - - Total (A+B) 75 55 73.451 66.752 52 6.699 3

3.2.4 Summary of Status of Payment at 16.5 Acres of Private Land

29. The summary Table 9 presents the to date status of disbursement of payment of compensation including land lease, compensation for affected structures and livelihood assistance/allowances to the affected employees at 16.5 acres of private land.

30. Initially, 16.5 acres of land was considered Army possessed land, for which Army issued NOC to FBR on 25 June 2018 but locals filed writ petitions in court of law (claims of ownership). HQ 11 Corps (the local formation of Pakistan Army) facilitated the identification of actual landowners, based on revenue record. In this context, of the total 7 persons who filed writ petitions/claims for land ownership, 4 persons/APs were identified based on the revenue record (called Fard in the revenue terminology) as owners of 16.5 acres of land. The

3rd Semiannual Social Monitoring Report (External) of LARP and Addendum of Torkham BCP, November 2020

revenue record “Fard” of land ownership12 is presented in Annex 6. While remaining 3 persons are unable to provide revenue record of their land ownership. Consequently, a Land Lease Agreement signed between the ‘Landowners Representatives’ and PMU-FBR on 01 March 2020 (Annex 8). Thus, the full payments (PKR 48.60 million) of leased land has been made to all four landowners/APs on 23-Jun-2020. A copy of the receipts of payment is attached as Annex 1.

31. In the MOU at serial No.’ h’ (Annex 7), it has been agreed by the land owners representatives that “in case anyone file petitions against FBR/NLC regarding subject land, land owners will take sole responsibility of the claim & will settle the issues without involving FBR/NLC & will indemnity them. Thus, after court decision, landowners’ representatives will settle the issue (s) by themselves.

Table 9: Landowners & Encroachers of 16.5 acres & Status of Disbursement of Compensation APs Names (Affected landowners/ Amount Paid Status of Sr. # Remarks structures & employees) (PKR in M.) payment A) APs validated as “landowners” based on the revenue record. 1 Haji Muhammad Aslam S/o Feroz Khan 12.150 Fully Paid APs at serial number 1-4 have been 2 Mr. Mubarak Zeb S/o Alam Zeb Shinwari 12.150 Fully Paid validated as landowners based on the Mr. Muhammad Zeb Khan S/o Jehanzeb 12.150 landownership certificates available in 3 Fully Paid the revenue land record. All 4 Shinwari landowners have been fully paid the 12.150 yearly compensation amount of PKR 4 Haji Ajeer Ullah Fully Paid 48.6 million based on the lease agreement signed between PMU and landowners. B) Petitioners not owning any land or assets based on the revenue record and meetings with Jirga and AC Landi Kotal 5 Haji Abdul Rahim - Revenue record did not confirm any 6 Mr. Noor Akbar - land or asset ownership based on the - available revenue land record and are not eligible for any compensation. As per the memorandum of understanding 7 Mr. Muhammad Ghalib (MOU, serial number ’h’) the above landowners will take sole responsibility of any claims & will settle the issues by themselves. (A) Total yearly land compensation paid 48.600 C) Encroachers owning abandoned structures on 7.8 acers of land 1 Janullah (Weigh station) 3.179 Fully Paid 2 Haq Nawaz s/o M. Akram 0.461 Fully Paid All 4 encroacher APs have been fully 3 Said AkramS/o Shamdar 0.877 Fully Paid compensated. 4 Irfan s/o Nadir Shah Shinwari 3.779 Fully Paid Un-traceable at given address. He has moved out the area due to COVID-19. 5 Abdul Majeed S/o Said Aslam 0.213 Unpaid Notices have been issued to him for his payment. But he has not contacted PMU so far. 6 S.H Kareem s/o Sheikh Qazeer 5.860 EMA met with these two APs on 11-12- 2020. They are willing to receive payment but have internal Unpaid disagreement on payment distribution 7 Abdullah S/o Sheikh Qazeer 0.426 within their families. They said they will receive payment after settling internal family issues. Sub-total (C) 14.796 D) Affected Employees 1 Shaheen S/o Noor M. 0.045 Fully Paid Already fully paid. 2 Wahid Ali S/o Abdul Mutlab 0.045 Fully Paid 3 Danullah s/o Shadi Khan 0.045 Fully Paid Already fully paid

12 The revenue record provided names of Haji M. Aslam Shinwari, Mubarak Zeb Shinwari. while locals authorized to Haji Muhammad Aslam Shinwari, Mr. Mubarak Zeb Shinwari & Mr. Muhammad Zeb Khan Shinwari as their representatives as landowners to receive the payment of lease of land.

3rd Semiannual Social Monitoring Report (External) of LARP and Addendum of Torkham BCP, November 2020

4 Naseer s/o Takhmo 0.045 Fully Paid Sub-total (D) 0.180 Total (A+B+C+D) 63.576

3.2.5 Affected Trees for the Torkham BCP

32. Total 38 trees are affected due to the implementation of the proposed project. Out of which, 37 are wood/timber trees (8 Acacia Nilotica and 29 Eucalyptus) and one is fruit tree (Mulberry). The amount of compensation (PKR 1.220 million) has been fully paid to three elders of Khuga Khel tribe. Break-up of trees and status of compensation is depicted in Table 10. Table 10: Compensation for Affected Trees for the Torkham BCP

Type of Tree Nos. Amount To date Remarks (PKR in Status of M.) Payment A) Trade Terminal i) Acacia Nilotica (Kikar) 8 0.372 Fully Paid − Fully paid to all 3 (Wood/timber trees). elders of entitled Khuga Khel tribe. ii) Eucalyptus 29 0.821 Fully Paid − Validated in 2nd EMR iii) Mulberry (Fruit tree) 1 0.027 Fully Paid Total 38 1.220 - -

3.2.6 Livelihood Assistance/Allowances

33. There are total 37 APs entitled for livelihood assistance/ allowances, i.e. 33 employees and 4 vulnerable people (APs). The payment of livelihood allowance (PKR 1.665 million) has been fully paid to all entitled 37 APs. The details are presented in Table 11.

Table 11: Livelihood Assistance to the APs under the LARP Implementation

Impact No. of Total To date Status of Payment of Remarks APs Payabl Compensation e Amount No. of Unpaid No. of Amoun Paid APs Amount APs t (PKR (PKR in (PKR in in M.) M.) M.) A) Trade Terminal Employees 33 1.485 1.485 33 - - Fully paid and validated in 2nd B) Passenger Terminal EMR (May 2020). Vulnerable 4 0.180 0.180 4 - - Total (A+B) 37 1.665 1.665 37 - -

3.3 Implementation Status of Addendum to LARP

3.3.1 Structures Compensation and Livelihood Assistance

34. The approved addendum to LARP required to document and compensate the additional unanticipated impacts of “Cemented road widening and construction of a retaining wall along the Nullah”. A total of 27 commercial structures those are affected due to widening of an existing ‘Cemented road’ and envisaged during the preparation and updating of the

3rd Semiannual Social Monitoring Report (External) of LARP and Addendum of Torkham BCP, November 2020

LARP. These included hotels, weigh stations, shops, and kiosks, which were owned by 28 APs. A total amount of PKR 10.776 million is to be disbursed to 28 entitled APs on account of compensation and allowances.

35. Moreover, there are 20 employees (in addition to 28 owners) of the shops and hotels along ‘Cemented road’ are also assessed as eligible for livelihood and vulnerability allowances due to the impact on livelihood. They needed to be paid an amount of KPR 1.80 million on account of livelihood assistance/allowances. To-date status of compensation disbursement is as under: • Payment of compensation has been transferred to DC Khyber for further disbursement to APs. • Payment of compensation has not been started yet as local tribe is claiming the ownership of land as well under this ‘Cemented road’ and between the ‘Cement road and Nullah’. • PMU-FBR has requested AC, Landi Kotal for determination of ownership of land from revenue record. AC Landi Kotal is holding Jirga meeting with locals in this context.

The details of structures and livelihood assistance/allowances are presented in Table 12 and 13.

Table 12: Status of Payment for Affected Structures as per Addendum to LARP Structures located along Cement road

Status of Payment of Comp. & Remarks Allowances Type of Amount Amount Structure Paid No. of Unpaid No. of PKR . M.) Payable Amount

(

No. ofNo. APs (PKR in APs (PKR in APs M.) M.) No. of Structures Payment of compensation Cabins 13 8 2.235 - - 2.235 8 has been transferred to DC Khyber for Shops 10 15 5.116 - - 5.116 15 disbursement to entitled Hotels 3 4 2.370 - - 2.370 4 APs. Moreover, the APs are also claiming the Weigh station 1 1 0.890 - - 0.890 1 landownership of this cement road etc. Total 27 28 10.776 - - 10.776 28

Table 13: Livelihood Assistance to APs as per Addendum to LARP Impact No. of Total To date Status Remarks APs Payable Amount Amoun Amount (PKR in t Paid No. of Unpaid No. of M.) (PKR APs (PKR in APs in M.) M.) Employees 0.900 - - 0.900 20 Payment of allowances Vulnerable 20 0.900 - - 0.900 has been transferred to DC for disbursement to APs. Total 20 1.800 - - 1.800 20

3rd Semiannual Social Monitoring Report (External) of LARP and Addendum of Torkham BCP, November 2020

4. CONSULTATION, PARTICIPATION, AND INFORMATION DISCLOSURE

4.1 Consultative Meetings with Locals

36. Due to present COVID-19 pandemic situation public consultation/ meetings (direct/face-to-face) were restricted. Although consultative meetings (involving participants) were held through (virtual/ mobile phone communication) from 27-31 Jul 2020 with APs/ elders of Khuga Khel tribes, i.e. Ashraf & Fatimi Khel and other locals and noted their feedback. A third round of consultations/field visit was carried out from 8-14 & 17 Dec. 2020 for further clarifications and confirmation about the status of disbursement of leftover payment.

 This project will enhance the trade which will improve the income and livelihood of the people in the project and adjacent to the project area.

 There will be significant saving in travel time and vehicle-operating costs because of the implementation will also be reduced as a result of the implementation of this project.

 The elders of tribe and the local people will extend their full cooperation for the successful completion of this project. However, the local skilled/unskilled people may be employed in the project related activities, although several local people (about 71 Nos.) have already been engaged in this project.

 Most of the entitled local people/ tribes’ elders have received their payments on account of lease of land and compensation of their affected structures.

 There is one concern which needs to be shared that at present, there is fixed parking charges per vehicle (i.e. PKR 600/- per vehicle). There may be annual increase (equivalent to annual escalation) in the rate of parking charges13similar to the pattern followed in case of lease of land.

 Fully agreed to do all types of cooperation with the government and other stakeholders regarding the implementation of this Torkham BCP.

 Community consultations and awareness about the project activities may need to be continued on fortnightly basis, so that the APs/local community could share their concerns as well as feedback associated with this project.

 The project area demarcation should be made, so that the locals/local community could easily understand the limit of the project area.

37. The list of APs/ persons consulted both face-to-face meeting and using virtual/ mobile phone calls is given Table 15.

13 Pakistan Land Port Authority (PLPA) are paying PKR 600/- for each vehicle on account of parking charges.

3rd Semiannual Social Monitoring Report (External) of LARP and Addendum of Torkham BCP, November 2020

Table 14: Consultative meeting/discussion with Tribe-elders and Locals

Date Venue Category of Name of main Participant Participants 28-07-2020 Torkham/Tehsil Malik/tribe elder, - Haji Rasool Jan S/o Agha Landi Kotal APs/ local Nasrullah Khan community - Mr. Khan Zali S/o Niaz Ali - Mr. Muhammad Aslam - Mr. Ijaz S/o Sharia Gul - Mr. Khetab Gul - Mr. Zeb Khan - Mr. Khan Zali S/o Niaz Ali - Mr. Haroon S/o Alam Khan 30-07-2020 Torkham/Tehsil Malik/tribe elder, - Mr. Khan Muhammad S/o Tahsin Landi Kotel APs/local Khan community - Mr. Azmat S/o Khan - Azam Khan s/o Habib - H. Rasool Jan (Khuga Khel) - Mr. Ziaullah S/o Azmatullah - Mr. Zaheer S/o Zaneet Gul - Mr. Yahya S/o Zeenatullah - Mr. Pervaiz S/o Zahid Gul - Mr. Bahar Ali - Mr. Qismat Khan 31-07-2020 Torkham/Tehsil Malik/tribe elder, - Mr. Rehman Ali S/o Fazal Rabi Landi kotel APs/ local - Mr. Fiaz Khan S/o Muhammad community Tahir - Mr. Zkaullah S/o Rehmaullah - Mr. Irfan Khan S/o Naseeb Jan - Nashtar Khan s/o Hakam Khan (Khuga Khel) - Shah Muhammad s/o Saboor - Gul Rafique s/o Hayadar Khan - Mr. Ali Shah S/o Malik Shah - Mr. Abdul Majeed S/o Said Aslam - Mr. Haq Nawaz S/o M. Akram 09-12-2020 Torkham Border Malik/tribe elder, - Mr. Muhammad Kareem APs/ local - Mr. Qadeer Sheikh community - Mr. Zarkeeb Shanwari - Mr. Barkatullah 11-12-2020 Kando Khel, Landi Kotel APs/ Tribe elder & - Haji Abdur Rahim S/o Bukhtun local community - Sheikh Muhammad Kareem S/o Qadeer Sheikh - Mr. Nazir Muhammad S/o Atta M. - Mr. M. Akram S/o Kasher Gul - Mr. M. Imam S/o Nazir Muhammad - Mr. Naid Shah S/o Zameer Gul - Mr. Shah Alam S/o Sharif Gul - Mr. Muhammad Wali S/o Bukhtar - Mr. Muhammad Saleem S/o Mustakeem - Mr. Mustakeem S/o Habib - Mr. Remeem Gul S/o Khona Gul

3rd Semiannual Social Monitoring Report (External) of LARP and Addendum of Torkham BCP, November 2020

38. However, the tribes elders and locals raised some concerns for smooth and successful implementation of the Torkham BCP Project. The concerns and feedback of the tribes/locals are summarized in Table 15.

Table 15: Community Concerns and their Redress Sr. # Concerns Redress Remarks

1  Awareness about the existence  Grievances redress mechanism  PMU/PIU through social of project grievance redress already established, and functional safeguard staff may mechanism needs to be and redressing the registered need to continue the continued and redressal should grievances (64) on CCMR. awareness of project be earliest possible.  APs/local tribes’ fully aware and GRM and facilitate the accessing project based GRM to stakeholders for address their concerns as early as redressal of their possible. concerns. 2  Project –related jobs should be  Project related jobs have already  PMU/ PIU will monitor provided to the local people, been provided to 71 semi & the appropriate action in such as skilled/ semi- skilled unskilled staff including 55 local this context and more labor. persons, however, additional local APs/ locals staff will be staff will be engaged if required. engaged if required. 3  Adequate and timely payment of  As per LARP the payment of  PMU-FBR is making all the lost structures, i.e. compensation for all leftover APs efforts for payment of residential and commercial has been paid except three APs compensation through structures. under trade terminal. DC/AC Landi Kotal office  According to Addendum to LARP to the leftover APs under provisions, the payment of LARP and its compensation for all 28 APs has addendum. been transferred to DC for further disbursement to the APs. 4  At present, there is fixed parking  PMU/PIU in coordination with NLC  PMU has forwarded this charges per vehicle (i.e. PKR & PMSC will need to review the concern of locals/tribes’ 600/- per vehicle). There may be community concern and elders to PIU/NLC for its annual increase in the rate of accordingly its solution if resolution amicably in parking charges14 similar to the appropriate. consultation with elders pattern of annual increase in of local tribe & district case of lease of land. administration.

14 At present, Terminal Operator on behalf of Pakistan Land Port Authority (PLPA) are paying PKR 600/- for each vehicle on account of parking charges to Khuga Khel Shinwari Tribe.

3rd Semiannual Social Monitoring Report (External) of LARP and Addendum of Torkham BCP, November 2020

5. GRIEVANCE REDRESS MECHANISM

5.1 Project Grievance Redress Mechanism

39. In accordance with the LARP of Torkham BCP Project, to address the complaints and grievances (if any), a three-tier grievance redress mechanism has been proposed for the project which includes:

I. Local Jirga (including PIU and community representatives), II. Grievance Redress Committee at Project Level (headed by Assistant Commissioner); and III. District administration i.e. Deputy Commissioner (Khyber), in case that the grievance is not resolved at GRC level. I. Local Jirga: The Jirga is serving as the first step where concerns and grievances of local people are recorded at Community Complaint Management Register (CCMR), discussed, and resolved as per local customs and traditions. The Jirga is investigating the issues, hear and record concerns of the aggrieved party and is examined the evidence and resolve the complaint within 20 days of its receipt. The PMU/ PIU is supporting this first tier for required documentation of the complaints and redress in accordance with the mechanism given in the LARP. II. GRC: At 2nd step, the Assistant Commissioner (AC) as Chair of the project specific GRC investigates the complaint and prepares the Facts Finding Report (FFR) in 15 days of receipt of complaint entered on CCMR. After receipt of the FFR, within next 7 days, the GRC convenes its meeting and adjudicate the issue as per eligibility and entitlements of LARP and fully consistent with local customs, legal and administrative framework of the area. The GRC decides the complaint in consultation with PMU/PIU and complainant within 30 days of receipt of complaint and subsequent closure of complaint. III. PMU: However, if the complainant/aggrieved person are not satisfied with GRC decision, he/she can request the GRC to elevate his/her complaint to next higher level i.e. PMU/PIU/DC, District Khyber. After this second round of FFR is completed, the Deputy Commissioner in consultation with the PMU/PIU and GRC decides the complaint and inform the aggrieved person. The PMU/ PIU, GRC, and Jirga is required for the closure of the grievance process and execute the work on-ground.

40. However, aggrieved person (s) has the right to access the country's judicial system as and when required.

5.2 Status of Complaints and their Redressal

41. To resolve the issues and complaints during implementation of project, Grievance Redress Committee (GRC) and Jirga Committee of Torkham BCP have been established which are functioning well so far. A community complaint management register (CCMR) is also placed at Torkham Tehsil office. During the reporting period, no new complaint received through the community complaint management register.

42. During the reporting period, it was noted that as of 31 Jul 2020 a total 64 complaints were reported in the Community Complaint Management Register (CCMR) at the project site

3rd Semiannual Social Monitoring Report (External) of LARP and Addendum of Torkham BCP, November 2020

placed at Tehsil office, Torkham. All the complaints were received and entered at CCMR. The complaints were relating to non-payment of structures, privacy issue (“Chardar and Char Dewari”), less assessment of compensation of one structure and one ownership issue, i.e. joint ownership instead of single. These complaints were thoroughly reviewed and discussed with relevant stakeholders and accordingly been informed to the complainants. To date, 62 out of 64 complaints were resolved through Jirga and AC office Landi Kotal, Torkham. Two complaints (i.e. less assessment of compensation of a structure and issue of ownership) are under process at PIU and PMU level. Ddetails and to-date status of redressal are presented in Table 16. Table 16: Status of Complaints by Type Complaint Name of Description of Action Taken To-date Status of Remarks No. Complainant Complaint Complaints as per Resolved Under CCMR (Nos.) Process (No.) 1-54 As per the list Complaints for non- CSC and PMC 54 - Resolved of CCMR payments of social safeguard compensation of experts and PMU’s structures. representatives. Jointly started 55-60 As per the list The locals of working since May 6 - Resolved of CCMR Shamsher Kalay also 2019 and resolved registered 5 complaints in complaints relating to collaboration with privacy (“Chadar and the local Char Dewari”) as a administrations of result of future Torkham and Landi construction activities Kotal. of Torkham BCP. 61 Mr. Najeeb His structures were not Actually, his cost 1 - Resolved Ullah S/o account for in the was merged with Mr. Abdul Wali overall calculation of Ghulam Yuddin structures assessment assessment in of LARP. LARP. Complaint was settled by C&W department by dividing into parts. 62 Mr. Najeeb Claimed for a less Re-assessment was 1 - Resolved Ullah S/o assessed cost of his made by C&W Abdul Wali structures and department & requested for forwarded to PMU reassessment of his HQ for an additional structures. sum of PKR 49,789/- for his structures. 63 Rakhid Shah Claimed a 5 marla He has been - 1 AP has no proof of shop in trade terminal requested to provide land ownership and before clearing of the any documents to agreed to receive compensation of area and demanded prove his claim so structure after the payment of that matter may be settling internal structure. taken up with the distribution of concerned payment. Money for authorities. payment is with AC Landi Kotal who will pay as AP will contact for payment. 64 Shah M. S/o Claimed a joint Letter has been sent - 1 AP has no proof of Din ownership of land in to AC, Landi Kotal land ownership & he Muhammad passenger terminal by PMU-FBR agreed to receive with Mr. Ahmad Nabi Peshawar along with compensation of structure after s/o Gul Nabi who gave complaint to verify settling internal consent letter of the claim and confirm distribution of said land confirming the ownership. payment. Payment is ownership before with AC; and will be agreement. paid as AP contacts.

3rd Semiannual Social Monitoring Report (External) of LARP and Addendum of Torkham BCP, November 2020

6. CONCLUSIONS AND RECOMMENDATIONS

6.1 Conclusions

43. Based on the information provided in this this 3rd EMR, the following conclusions derived are as below: • This 3rd EMR validates that Torkham BCP subproject required total 59.3 acres of land, out of which 54 acres and 5.32 acres for Tarde terminal and Passenger terminal respectively. • At trade terminal, 37.5 acres communal land was LAR impact free and payment for lease of land to the elders of 3 tribes/clans of Khuga Khel on annual basis with 5% annual increment has been fully paid and validated in 1st EMR (Dec. 2019). Accordingly, ADB issued Notice to Proceed (NTP). • Out of 16.5 acres, 8.75 acres found LAR impact free, as the land was under lease by the Pak Army since 1937 and there were no affected private structures/ assets on this land parcel. This was validated in 1st EMR (March 2019); and accordingly, the NTP issued by ADB. • In case of remaining 7.8 acres of land, the payment of compensation for land (land- leased) and land-based assets/and other impacts have been fully paid inclusive of livelihood assistance/allowances to all entitled APs except 3 APs. Two of these 3 unpaid APs will receive compensation directly from AC Landi Kotal or through PMU after settling the compensation distribution mechanism within their family. The remaining third unpaid AP will receive compensation when he returns to the area and contact PMU or AC for payment. • In case of Passenger terminal (i.e. 5.32 acres of land including 3.125 acres private land), the payment of compensation for land (land-leased) and land based structures/assets have been fully paid that has also been confirmed in 2nd EMR (May 2020) and cleared by ADB. • As per Addendum to LARP, total payable compensation amounting to PKR 12.58 million will be disbursed to the entitled APs after the ascertainment of land ownership of ‘Cement road’ and between ‘road and nullah’ as the APs claimed the land ownership as well.

6.2 Recommendations

44. The EMA makes the following recommendations to ensure full payment of compensation to the leftover APs as per approved LARP and Addendum to LARP:

• The commencement of civil works may be allowed by ADB on the required land parcel of 7.8 acres as the payment of compensation for land (land-leased) and land based structures/assets and other impacts have been fully paid inclusive of livelihood assistance/allowances to all entitled APs except 3 APs left. The unpaid amount of compensation is in the office of Assistant Commissioner, Landi Kotel (Escrow account) till the time, these leftover 03 APs directly or through PMU approach for disbursement of their compensation.

3rd Semiannual Social Monitoring Report (External) of LARP and Addendum of Torkham BCP, November 2020

• Continue to hold consultation meetings and build a close liaison with APs/local community and resolving their issues/ and or clarifications to avoid any complaints going to ADB or OSPF. This can be best done by holding regular fortnightly meetings by community liaison officer/social mobilization staff by involving local Jirga/tribe elders, so that locals and APs are well aware about LARP and addendum implementation, payment to APs and project construction activities. • The project area demarcation should be made, so that the landowners/local community could easily understand the limit of the project area. • As per Addendum to LARP, total payable compensation amounting to PKR 12.58 million will be disbursed to the entitled APs after the ascertainment of land ownership of ‘Cement road’ and between ‘road and nullah’ as the APs claimed the land ownership as well. • Due to present COVID-19 pandemic situation, virtual communication (mobile phone, WhatsApp and social media pages) & physical community meetings will need to be continued to get feedback & redress of complaints of APs and local community as well as other stakeholders. • PMU-FBR needs to assess how many additional project related jobs to the APs/locals could be provided as 71 semi-skilled/unskilled staff/ workers including 55 local peoples have already been employed under the project.

45. Furthermore, an action plan has also been proposed (Table 17) to PMU for their consideration to complete all pending payments, develop a closed liaison and understanding with the APs/local community and other stakeholders to ensure successful implementation of both LARP and Addendum to LARP as well as smooth and successful implementation of this Torkham Border BCP Subproject.

3rd Semiannual Social Monitoring Report (External) of LARP and Addendum of Torkham BCP, November 2020

Table 17: Proposed Action Plan for the Implementation of LARP & Addendum to LARP Action Taken Additional Action Key Issues Action Required Timelines Responsibility Remarks by PMU Needed I. Compensation Payment of Payment of PMU will ensure the 31 Jan., DC/AC (Landi LARP: Payment of all APs has been of affected compensation to structures disbursement of 2021 Kotal)/PIU/PMU/ made except 3 APs. structures be paid to the compensation has payment to the PSMC − Number of meetings are (residential & unpaid APs as per been transferred unpaid APs. convened to convince 2 unwilling commercial) LARP and to the DC Khyber APs to receive compensation, Addendum to for further but they initially kept refusing to LARP. disbursement to receive but after their meeting APs. with EMA on 11 December they agreed to receive compensation but after settling their family dispute on compensation distribution. − The third AP moved out of the project area without leaving any contact information behind. He was contacted by other two unpaid APs and he said he will receive payment after he returns to the site. − Compensation amount of APs of Addendum to LARP has been transferred to DC Khyber for further disbursement to APs after settlement of their concerns. II. Grievance GRM is functional The local Jirga PMU will monitor the Continuous PIU/AC/PMU/ − The awareness of GRM/GRC will Redress and redressing the and GRC has redressal of APs/ activity PSMC be a continuous activity of Mechanism registered already in place community community liaison officer (CLO) (GRM) grievances on and effectively grievances timely; and Social safeguard staff. Due CCMR. functional and also ensure to present COVID-19 situation proper maintaining of virtual /mobile phone, and social record. media pages may be continued to get feedback & redress of complaints (if any).

3rd Semiannual Social Monitoring Report (External) of LARP and Addendum of Torkham BCP, November 2020

PHOTOLOG

3rd Semiannual Social Monitoring Report (External) of LARP and Addendum of Torkham BCP, November 2020

PICTORIAL PRESENTATION

Plate 1: Consultation meeting with local Jirga for unpaid Plate 2: Consultative meeting with the Assistant APs at Kando Khel, Landi Kotel. Commission (AC) Landi Kotel.

Plate 3: An event of consultations with the APs/ local Plate 4: A view of consultation with APs/local community community at Landi Kotel. at Torkham Border.

Plate 5: A view of village of project APs and one unpaid Plate 6: A view of a meeting at FBR/CSC office, AP (Sheikh M. Kareem) is sitting Islamabad and sharing the field visit observations.

3rd Semiannual Social Monitoring Report (External) of LARP and Addendum of Torkham BCP, November 2020

PICTORIAL PRESENTATION

Plate 7: A view of the project construction activities at Plate 8: Consultation with APs/local community at Package-5, where retaining wall has been constructed. Torkham border.

Plate 9: A view of the cleared project area and earth Plate 10: A view of consultation of bridge in the project filling activity is continued. area and discussions with contractor staff.

Plate 11: A view of the cleared area and construction Plate 12: A view of adjacent to the project area and activities are in progress at Torkham BCP. conducted consultations with APs/local community.

3rd Semiannual Social Monitoring Report (External) of LARP and Addendum of Torkham BCP, November 2020

ANNEXES

3rd Semiannual Social Monitoring Report (External) of LARP and Addendum of Torkham BCP, November 2020

Annex A: Linear Map of LAR Impact Free Area by Land Parcels

3rd Semiannual Social Monitoring Report (External) of LARP and Addendum of Torkham BCP, November 2020

Annex B: Lease Agreement with Community for 37.5 Acres or 300 Kanals

3rd Semiannual Social Monitoring Report (External) of LARP and Addendum of Torkham BCP, November 2020

Annex C: Feedback of EMA Field Visit and Meeting with APs

Feedback of Consultation with APs/Tribe Elder

Date Location/ Name of Feedback Village Participants 11-12- Kando APs/ 1. Haji Abdur I. EMA asked to Mr. Sheikh M. Kareem receive 2020 Khel, Tribe Rahim S/o your payment of PKR 6.286 million for Landi elder Bukhtun compensation of affected structures located at 7.8 Kotel acres. 2. Sheikh Muhammad → APs & Tribe elder (Haji Abdur Rahim) Kareem S/o responded that after setting their internal Qadeer Sheikh distribution of the payment within other 3. Mr. Nazir members keeping in view of their customary Muhammad S/o pattern. Two unpaid APs lead by Mr. Sheikh M. Atta M. Kareem & tribe elders agreed and ensured to 4. Mr. M. Akram S/o receive their payment of compensation of Kasher Gul affected structures within a shortest possible 5. Mr. M. Imam S/o time.

Nazir Muhammad II. EMA asked to the Jirga in the meeting that there 6. Mr. Naid Shah S/o is 1 Unpaid AP (Mr. Abdul Majeed S/o Said Aslam), Zameer Gul his payment is PKR 0.213 million, but he is 7. Mr. Shah Alam presently untraceable. S/o Sharif Gul → APs & Tribe elder (Haji Abdur Rahim) and 8. Mr. Muhammad some other local members responded that they Wali S/o Bukhtar know the concerned person and accordingly 9. Mr. Muhammad they ensured to communicate him to receive Saleem S/o his payment from the office of AC, Landi Kotel. Mustakeem 10. Mr. Mustakeem There is need to give some follow-up by the project S/o Habib management/social safeguard/community liaison 11. Mr. Remeem Gul officer, all these 3 Unpaid APs will receive their S/o Khona Gul payment.

Photographs of EMA meeting with APs/Tribe Elder on 11 Dec 2020.

Photograph No. 1: Highlighted arrow indicates the Tribe Elder Haji Abdur Rahim Photograph No. 2: Highlighted arrow indicates to Mr. Sheikh Muhammad Karim, who is an Unpaid AP/lead person of affected structures.

Photograph 1: Consultation meeting with local Jirga Photograph 2: Consultation meeting on 11-12-2020 with including Tribe elder at Kando Khel, Landi Kotel. local Jirga including Unpaid APs at Kando Khel, Landi Kotel.

3rd Semiannual Social Monitoring Report (External) of LARP and Addendum of Torkham BCP, November 2020

Annex 1: Copy of Receipts of Payments and Cheques for Four Land Owners

3rd Semiannual Social Monitoring Report (External) of LARP and Addendum of Torkham BCP, November 2020

Annex 2: Minutes of Meeting of AC with Two APs regarding to receive their Payments

3rd Semiannual Social Monitoring Report (External) of LARP and Addendum of Torkham BCP, November 2020

Annex 3: AC Landi Kotal Field Visit Report regarding Follow-up of Leftover Payments

3rd Semiannual Social Monitoring Report (External) of LARP and Addendum of Torkham BCP, November 2020

Annex 4: Copy of AC Letter for Jirga negotiations meetings with 2 Unpaid APs

3rd Semiannual Social Monitoring Report (External) of LARP and Addendum of Torkham BCP, November 2020

Annex 5: Copy of MOM with Locals/APs about Untraceable Unpaid AP

3rd Semiannual Social Monitoring Report (External) of LARP and Addendum of Torkham BCP, November 2020

Annex 6: Revenue Record (Fard) of Land Ownership of Four Paid APs

3rd Semiannual Social Monitoring Report (External) of LARP and Addendum of Torkham BCP, November 2020

Annex 7: MOU between PMU-FBR and Land Owners

3rd Semiannual Social Monitoring Report (External) of LARP and Addendum of Torkham BCP, November 2020

Annex 8: Land Lease Agreement between Land Owners and PMU-FBR