Social Monitoring Report
Social Monitoring Report (December 2017 to December 2019)
Project Number: 50059-002
Loan Number: 3542-NEP May 2020
Nepal: Power Transmission and Distribution Efficiency Enhancement Project
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Social Monitoring Report (December 2017 to December 2019)
Loan 3542 (NEP) Power Transmission and Distribution Efficiency Enhancement Project (Project Number: 50059-002)
Submitted to: Asian Development Bank Nepal Resident Mission Metro Park, Kathmandu
Submitted by: Nepal Electricity Authority Project Management Directorate Matatirtha, Kathmandu
Prepared by: Project Supervision Consultant Power Grid Corporation of India Ltd. in association with PricewaterhouseCoopers Private Limited and M/s Jade Consult Pvt. Ltd.
CURRENCY EQUIVALENTS (As of 31 December 2019)
Currency unit – Nepalese Rupee (NRs) NRs. 1.00 = $ 0.008771 US $ 1.00 = NRs. 114.01
NOTES:
The fiscal year (FY) of the Government of Nepal and its agencies ends on 16 July. FY before a calendar year denotes the year in which the fiscal year ends, e.g., FY 2018 ends on 16 July 2018.
In this report, "$" refers to US dollars.
ACRONYMS
ADB - Asian Development Bank AP - Affected person CDC - Compensation Determination Committee CDO - Chief District Officer DMD - Deputy Managing Director EA - Executive Agency ESSD - Environmental and Social Studies Department EUC - Electricity Users Cooperative FGL - Finish Ground Level GoN - Government of Nepal GRC - Grievance Redress Committee GESI - Gender Equality and Social Inclusion GIS - Gas Insulated Switchgear Substation Ha - Hectare HHs - Households IR - Involuntary Resettlement JFPR - Japan Fund for Poverty Reduction kV - kilo Volt NEA - Nepal Electricity Authority MVA - Mega Volt Ampere PPTA - Project Preparatory Technical Assistant PTDEEP - Power Transmission and Distribution Efficiency Enhancement Project PMD - Project management directorate PSC - Project Supervision Consultant RoW - Right of Way RP - Resettlement Plan SPS - ADB Safeguard Policy Statement (2009) SEP - Stakeholder Engagement Plan TA - Technical Assistance
TABLE OF CONTENTS ACRONYMS ...... IV TABLE OF CONTENTS ...... V LIST OF TABLES ...... VI LIST OF APPENDICES ...... VI EXECUTIVE SUMMARY ...... I 1. INTRODUCTION ...... 5
1.1 BACKGROUND ...... 5 1.2 BRIEF PROJECT DESCRIPTION ...... 5 2 PROJECT STATUS...... 7
2.1 STATUS OF PROJECT IMPLEMENTATION ...... 7 2.2 STATUS OF PROJECT MONITORING ACTIVITIES ...... 10 2.2.1. Monitoring Parameters/Indicators and Methods ...... 11 2.2.2. Semi-annual Monitoring Results ...... 11 2.2.4. Land Acquisition and Compensation Distribution ...... 13 2.2.5. Compensation Distribution for Structures ...... 15 2.2.6. Additional Assistance to Project Affected Vulnerable Households ...... 16 2.2.7. Livelihood Restoration and Gender Development ...... 17 2.3 IMPLEMENTATION SCHEDULE ...... 20 3 INSTITUTIONAL ARRANGEMENT FOR MONITORING ...... 22 4 COMPLIANCE WITH SOCIAL SAFEGUARD LEGAL AND POLICY REQUIREMENT ...... 22 5 GRIEVANCE REDRESSAL MECHANISM AND ITS IMPLEMENTATION ...... 27
5.1 RECEIVED GRIEVANCES/SUGGESTIONS AND STATUS ...... 28 6 CONSULTATION, PARTICIPATION AND DISCLOSURE ...... 30
6.1 CONSULTATIONS ...... 31 7 KEY ISSUES AND RECOMMENDED CORRECTIVE MEASURES ...... 33
LIST OF TABLES TABLE 1-2: DETAILS OF PROJECT AND ITS COMPONENTS ...... 9 TABLE 2-1: PHYSICAL PROGRESS OF THE SUB-PROJECTS ...... 7 TABLE 2-2: STATUS ON COMPENSATION DISTRIBUTION FOR ACQUIRED LAND ...... 144 TABLE 2-3: STATUS ON COMPENSATION DISTRIBUTION FOR AFFECTED STRUCTURES ...... 155 TABLE 2-4: VULNERABLE HOUSEHOLDS ...... 165 TABLE 2-5: ADDITIONAL ASSISTANCE TO VULNERABLE GROUPS PROPOSED IN RAP ...... 176 TABLE 2-6 IMPLEMENTATION SCHEDULE ...... 19 TABLE 3-1: SUMMARY OF PERFORMANCE ON SOCIAL SAFEGUARDS ...... 121 TABLE 3-2 SAFEGUARDS RELATED REQUIREMENTS ...... 222 TABLE 5-1 STAKEHOLDER ENGAGEMENT ACTIVITIES ...... 29 TABLE 5-2 CONSULTATIONS SUMMARIES BY THE LOCATION...... 320
LIST OF APPENDICES ANNEX 1 LAND NOTICE FOR THE SUBSTATIONS ANNEX 2 COMPONENT WISE LOCATION ANNEX 3 STATUS OF COMPLIANCE WITH LOAN COVENANTS ANNEX 4 CONSULTAION MEETING MINUTES AND MATRIX ANNEX 5 GRIEVANCE REDRESS COMMITTE MATRIX ANNEX 6 PHOTOGRAPHS
EXECUTIVE SUMMARY
1. Asian Development Bank (ADB) approved Power Transmission and Distribution Efficiency Enhancement Project (PTDEEP) to enhance the transmission and distribution system and improve reliability and quality of electric supply in the Kathmandu valley. This project is loaned project of ADB and the project commissioning date is June 2022. Nepal Electricity Authority (NEA) will serve as the Executing Agency (EA) and will implement all the activities under the Asian Development Bank loan through its Project Management Directorate (PMD). The project will contribute to Nepal’s distribution system strengthening in the Kathmandu Valley and other major urban centers by scaling up distribution system efficiency and reliability, facilitating adequate power supply to meet ever-growing energy needs of the valley, increasing service reliability of the utility and building capacity for the overall distribution system development.
2. The main objectives of Power Transmission and Distribution Efficiency Enhancement Project (PTDEEP) is to enhance the distribution capacity and improve reliability and quality of electricity supply in the Kathmandu Valley by reducing distribution system overloads & technical and commercial losses. This will be done through the strengthening of the transmission grid capacity, enhanced capacity and rehabilitating the distribution network in the project areas and enhancing operational and financial performance of NEA distribution centers. The project shall be utilizing the US$150million loan approved by the Asian Development Bank to help improve Nepal’s electricity supply and distribution network. The project also aims to develop NEA’s capacity to operate & manage an advanced distribution system and intelligent network (smart grid) technology with GESI aspects in electricity access and end-user awareness programs. For this, an assistance grant equivalent to US$ 2 million is received from the Japan Fund for Poverty Reduction (JFPR) financed by the Government of Japan to strengthen the capacity of Nepal’s energy sector to deliver Gender Equality and Social Inclusion (GESI) results.
3. The project shall lead to enhanced reliability of availability of electricity in the target area by bringing in substantial infrastructure enhancement transmission & distribution network. The major project components may also be classified as: (i) substations, (ii) distribution network rehabilitation, (iii) system efficiency upgrades for enhancement of operational and financial performance of NEA distribution centers, and (iv) capacity building of NEA staff.
4. The major outcome from the execution of above listed components of the project is expected to be as follows: • Increased transmission grid capacity to feed the primary distribution networks for Kathmandu Valley. • Rehabilitation and Reinforcement of Kathmandu Valley distribution network which covers distribution system automation and the rehabilitation of low-voltage and medium-voltage networks, in the central and northern and Eastern and Southern region of Kathmandu Valley.
i • Operational and financial performance of NEA distribution centers improvement with Single-phase and three-phase smart meters to automate customer metering and reduce nontechnical losses.
5. NEA’s Capacity Building to operate and manage advanced distribution system, intelligent network (smart grid) technology with GESI aspects in electricity access and end-user awareness.
6. The PTDEEP project as a whole are described by following components;
• Sub-project 1: Kathmandu Valley Transmission Capacity Reinforcement project Construction of 132/11 kV gas insulated substations at: • Chapagaun • Mulpani • Phutung Site levelling at Mulpani and Phutung is carried out. Land acquisition at Chapagaon could not be done due to problems faced during negotiation with land owners and alternative sites are being explored.
• Sub-project 2:Lapsiphedi and Changunarayan Substation Construction Project • Construction of new (220/132/11kV) gas insulated substation (GIS) at Lapsephedi. • Construction of new gas insulated substations (132/11kV) at Changunarayan
Survey works and geotechnical investigation completed. Site levelling at Changunarayan is completed. Site levelling at Lapsiphedi (only cutting part) is carried out.
• Sub-project 3: 220/132kV Barhabise (New) GIS Substation • Construction of 220/132/11kV gas insulated substation at Barhabise
Survey works and geotechnical investigation completed. Site levelling and retaining wall works are under progress.
• Sub-project 4: Enhancement of Distribution networks in Kathmandu Valley • Enhancement of Distribution networks in Central and Northern Region of Kathmandu Valley • Enhancement of Distribution networks in Eastern and Southern Region of Kathmandu Valley
Survey works completed. Permission from various departments are being expedited for road cutting / excavation works.
• Sub-project 5:Delivery of Distribution Transformers Under tendering stage
ii • Subproject 6: Enhancement of Distribution Networks in Major Urban Centers of Nepal • Enhancement of Distribution Networks in Major Urban Centers in Eastern Region of Nepal • Enhancement of Distribution Networks in Major Urban Centers in Western Region of Nepal • Enhancement of Distribution Networks in Major Urban Centers in Central Region of Nepal
Demand forecasting for Bhaktapur, Lalitpur, Poikhara and Bharatpur is completed. Load flow studies and proposed network for Bhaktapur is completed. Technical specification and draft DPR of Bhaktapur was submitted and presentation was made to NEA. Revised studies / DPR preparation is under progress for Bhaktapur on the basis of feedback.
7. The PTDEEP is categorized as A in terms of Involuntary Resettlement, B in terms of Environment and C in terms of Indigenous People. The meaningful consultation ensures the presence of different categories of representatives in the consultation process so as to obtain a balanced public opinion, equitable and non-discriminatory participation, provide transparent and factual information with prior information about the project, systematic documentation of the process, public disclosure of relevant parts etc. During the RP update in 2019, three public consultations were carried out in two substation Changunarayan and Mulpani area with total of 40 participants (80% male and 20% female).
8. The land acquisition notification for four substations had been published in the National Daily Newspaper on 2074/02/04 (18 May, 2017) for Lasiphedi, 2073/02/07 (20 May, 2016) for Changunarayan, 2073/09/20 (04 Jan, 2017) for Phutung, 2073/11/11 (22 Feb, 2017) for Mulpani and Barhabise 2073/03/25(09 July 2016). The compensation determination committees finalized compensation costs for Changunaryan, Lapsiphedi, Mulpani, Phutung and Barhabise substations. Distribution of compensation to the landowners is almost completed.
9. NEA has established a separate Project Management Directorate (PMD) to expedite decision making for the timely implementation of all ADB projects including PTDEEP. PMD is headed by Deputy Managing Director (DMD) responsible for preparation, procurement, construction and supervision of ADB projects.
10. This monitoring report is prepared based on important parameters/indicators including: (i) type of impacts due to land acquisition, (ii) extent of impacts, (iii) measures adopted to minimize impacts, (iv) implementation status of mitigation measures, (v) consultation and participation, (vi) grievance redressed, (vii) compensation payment, and (viii) implementation of resettlement and rehabilitation activities. Various tools were used to collect data and information and to identify issues related to compensation process which include: (i) Observation to collect data and information of the Affected Persons (AP) in
iii particular and community as a whole, (ii) Interview, focused group discussions, village mapping and data collection utilizing other participatory rule appraisal (PRA) techniques with APs, community members, workers and officials/other stakeholders to collect data and information, (iii) Public Consultation /Meetings with affected community and officials, and (iv) Formal Survey Method with CDO, representatives of local elected bodies & concerned stakeholders.
11. As practiced in NEA projects, if there are grievances or suggestions, project affected families or local people submit/express their plea verbally or in written form to project officials. The submitted petition or suggestions will be initially reviewed by the project manager. On the matters related to general and technical issues or suggestions, the project team itself tries to resolve the issues. However, if the issues or suggestions are major and they need to be notified to CDO and NEA before any decisions are taken, the CDO and NEA are notified. Then the CDO, on a fixed date, in the presence of all relevant stakeholders, including the submitted grievances, discusses about the issues or suggestions and resolve the problems with the active involvement and consensus of the stakeholders. If unsatisfied with the CDO determination, affected persons will have their right to take the grievance up-to the Ministry of Home Affairs (MoHA). The MoHA normally makes decisions on a complaint within 15 days, unless further information is required, or unless the complaint has to be solved in a court of law. The GRCs have been formed in four substations (Lapsiphedi, Changunarayan, Mulpani and Phutung) whereas GRC formation in Barabise substation is under process.
12. The disclosure of project information has to be done well in advance of commencement of project construction works. At each stage, certain engagement activities is being conducted/will be conducted to keep the stakeholders informed and they will be continuously reached for their feedback.
13. Land Acquisition has been completed in Changunarayan, Lapshiphedi, Phutung, Mulpani and Barhabise substations. Compensation of land acquisition in Phutung is 100% completed. For the rest four substations some of the landowners are yet to receive the compensation due to legal issues on land ownership document. Socio economic survey has been completed in all four substations. Grievance redress committee has been formed in all four substations.
iv 1. INTRODUCTION 1.1 BACKGROUND The Government of Nepal (GoN) and the Asian Development Bank (ADB) negotiated the loan on 19th May 2017 for Power Transmission and Distribution Efficiency Enhancement Project (PTDEEP) and loan agreement was signed on 29th June 2017. The project is expected to be completed by June 2022. The project will contribute to Nepal’s distribution system reinforcement in the Kathmandu Valley and other major urban centers by scaling up distribution system efficiency and reliability, facilitating adequate power supply to meet ever- growing energy needs of the Kathmandu valley, increasing service reliability of the utility and building capacity for overall distribution system development. The main aim of Power Transmission and Distribution Efficiency Enhancement Project (PTDEEP) is to enhance distribution capacity and improve reliability and quality of electricity supply in Kathmandu Valley by reducing distribution system overloads and technical & commercial losses. This will be done through strengthening of the transmission grid capacity, increasing capacity and rehabilitating distribution network in the project area, and enhancing operational and financial performance of NEA distribution centers. The project shall be executed from ADB loan of US$150million to help improve Nepal’s electricity supply and distribution network. The project also aims to develop NEA’s capacity to operate & manage an advanced distribution system and intelligent network (smart grid) technology with GESI aspects in electricity access and end-user awareness programs. For this, an assistance grant equivalent to US$2 million has been received from the Japan Fund for Poverty Reduction (JFPR) financed by the Government of Japan to strengthen capacity of the Nepal’s energy sector to deliver Gender Equality and Social Inclusion (GESI) results. 1.2 BRIEF PROJECT DESCRIPTION
The project shall lead to enhanced reliability of availability of electricity in the target area by bringing in substantial infrastructure enhancement in transmission & distribution network. The major project components can be classified under following heading (i) substations, (ii) distribution network rehabilitation, (iii) system efficiency upgrades for enhancement of operational and financial performance of NEA distribution centers, and (iv) capacity building of NEA staff. Major outcome of the project are expected as: (i) Increased transmission grid capacity to feed the primary distribution networks for Kathmandu Valley. (ii) Rehabilitation and Reinforcement of Kathmandu Valley distribution network which covers distribution system automation and the rehabilitation of low-voltage and medium-voltage networks, in the central and northern distribution centers of Kathmandu Valley. (iii) Operational and financial performance of NEA distribution centers improvement with single-phase and three-phase smart meters to automate customer metering and reduce nontechnical losses.
5 (iv) NEA’s Capacity Building to operate and manage advanced distribution system, intelligent network (smart grid) technology with GESI aspects in electricity access and end-user awareness
The project has four components, among which involuntary resettlement will be witnessed only in component-1 whereas there will be temporary impact while executing component -2 of the project. There is no impact (permanent or temporary) envisaged in execution of component 3 and 4 of the project. The project is expected to be completed by June 2022. Details of subprojects under this loan are provided in Table 1-1. Component wise location detail is in Annex 2.
Table 1-1: Details of Project and its Components SN Sub-projects Components Substations/ Distribution center
S1* Kathmandu Valley Transmission • Construction of three 132/11kV Gas Insulated SS1: Mulpani SS Capacity Reinforcement project Substation (GIS) at: SS2: Phutung SS (Component 1) ̵ Mulpani SS3: Chapagaun SS ̵ Phutung ̵ Chapagaun • Construction of one 220 kV GIS at Barhabise (220kV) S2* Lapsiphedi and Changunarayan SS1: Lapsiphedi SS substation construction project • Construction of new 220/132/11kV GIS at SS2: Changunarayan SS (Component 1) Lapsiphedi. • Construction of 132/11kV GIS at Changunarayan
S3* Barhabise (New) GIS Substation • Construction of 220/132/11 kV Substation at SS1: Barhabise SS (Component 1) Barhabise S4 Enhancement of Distribution • Central and Northern Region of Kathmandu Valley DC1: Ratanpark Networks Kathmandu Valley • Eastern and Southern Region of Kathmandu Valley DC2: Maharajganj (Component 2)
S5 Delivery of Distribution transformers • Delivery of Distribution transformers (Component 3)
6 S6 Enhancement of Distribution • Eastern Region of Nepal Networks in Major Centers of Nepal • Central Region of Nepal (Component 4) • Western Region of Nepal * S1, S2 and S3 are sub-sections of Component 1 & have been separated to better represent their geography, timelines and current status
2 PROJECT STATUS 2.1 STATUS OF PROJECT IMPLEMENTATION
NEA has established a separate Project Management Directorate (PMD) to expedite decision making for the timely implementation of all ADB projects including PTDEEP. PMD is headed by Deputy Managing Director (DMD) responsible for preparation, procurement, construction and supervision of ADB projects.
Under the PPTA support, consulting firm was engaged to support NEA to prepare detailed design including the routes and cost estimates, prepare bidding documents and involve in selection process. Further, a Project Supervision Consultant (PSC) is engaged to supervise the project during construction.
The summary of physical progress of packages until Dec’19 are described in the below Table-2. Table 2-1: Physical Progress of the Sub-Projects Works Completed by Sub-project Subcomponents Works for the first half of 2020 December, 2019
S1 Kathmandu Valley Transmission Capacity Enhancement Project
• Contour Survey of Mulpani S/S site (5960.814m2) Restart of Civil works and • Site leveling work. SS1 Mulpani Substation • Soil Investigation completion of boundary wall and • Inspection of Power retaining wall. transformer • Overall progress 11%
7 Works Completed by Sub-project Subcomponents Works for the first half of 2020 December, 2019
• Contour Survey of Phutung S/S (8123.24m2) • Commencement of civil works (boundary wall and retaining SS2 • Site leveling work wall). Phutung Substation • Soil Investigation • Route for access road shall be • Inspection of Power finalized. transformer • Approval for land acquisition. • Overall progress 11% Due to problem faced SS3 Handing over of alternate site at Chapagaun Substation during negotiation with land owners, work could Thimi S/Stn, survey and
not commence at preliminary works. Chapagaon.
• Survey works and • Completion of balance works. geotechnical. • Completion of foundation for SS4 Barhabise SS Investigation Gantry Tower, CVT, BPI, LA, • Overall progress LM and PEB building. 16.5% • Completion of drainage works.
S2 Lapsiphedi and Changunarayan substation construction project
• Contour survey. • Soil investigation works (except plate Completion of leveling works, Lapsiphedi Substation load test). boundary wall, retaining wall, and • Site levelling work is SS1 access road. partially completed (cutting part). Commencement of foundation • Survey of approach works. road • Overall progress 1%
8 Works Completed by Sub-project Subcomponents Works for the first half of 2020 December, 2019
• Site Leveling and contour survey works completed. Completion of retaining wall, • Soil Investigation drainage works, retaining wall, Changunarayan SS2 works and access road. Substation • Construction of retaining wall is Commencement of foundation almost completed. works. • Overall progress 1%
S3 Enhancement of Distribution Networks in Kathmandu Valley
• Detailed survey work Commencement of Central and Northern • Overall progress HDD/MHDD/Open trench, HDPE Region 14% pipe laying, foundation for feeder panels, RMU, Transformers. • Detailed survey work Commencement of Eastern and Southern • Overall progress HDD/MHDD/Open trench, HDPE Region 14% pipe laying, foundation for feeder panels, RMU, Transformers S4 Delivery of Distribution Transformers Supply of Distribution Technical evaluation is Award of contract to successful
Transformers under process. bidder.
S5 Enhancement of Distribution Networks in Major Urban Centers of Nepal
Eastern Region Demand forecast, system studies (Biratnagar, Dharan, GIS mapping completed. and DPR preparation. Itahari)
9 Works Completed by Sub-project Subcomponents Works for the first half of 2020 December, 2019
• GIS mapping Central Region • Demand load (Janakpur, Hetauda, forecasting for Demand forecast and DPR Birgunj, Kalaiya, Jitpur- Bhaktapur, Lalitpur preparation. Simara, Bharatpur, and Bharatpur Lalitpur and Bhaktapur) • Load flow analysis for Bhaktpur
Western Region (Pokhara, Lekhnath, Butwal, Tulsipur, Gorahi, GIS mapping completed. Demand forecast. Nepalgunj and Dhangadi)
2.2 STATUS OF PROJECT MONITORING ACTIVITIES
As per the Safeguard Policy Statement (2009) of ADB, the borrower/client will monitor and measure the progress of implementation of the resettlement plan. The extent of monitoring activities will be commensurate with the project’s risks and impacts. As per the loan agreement and Resettlement Plan of the project, EA has to prepare semiannual safeguard monitoring report and submit the same to ADB. The semiannual report is based on the periodical report submitted by the subprojects to PMO, secondary document review, field information, discussion, meeting and extensive consultation with stakeholders including project officials, affected persons, and the relevant project staff.
All the subcomponents under above mentioned table comes under the scope of subject semiannual social monitoring report.
NEA and its PMD is directly responsible for internal monitoring of RP implementation. In particular, ESDD and supervision consultants will supervise and manage monitoring of resettlement activities and implementation arrangements. The objectives of the monitoring program are (i) to ensure that the standard of living of affected households are restored or improved; (ii) to monitor whether the overall project and resettlement objectives are being met; (iii) to assess if rehabilitation measures and compensation are sufficient; (iv) to identify problems and risks; and (v) to identify measures to mitigate problems.
NEA/PMD’s social development specialist (SDS) with guidance from ESSD and supervision consultants will conduct field level monitoring and regularly monitor the status of land acquisition, payment of compensation, identification of entitled persons physically
10 and processing their entitlements, relocation and resettlement. Implementing consultants, as needed will assist the monitoring.
NEA/PMD will hire an independent External Monitor (EM) to monitor the implementation of the RP. The EM should be mobilized soon after the completion of final design and confirmation of all census. The main objectives of external resettlement monitoring are: (i) compensation and entitlement policy compliance, (ii) adequacy of organizational mechanism for implementing the RP, (iii) restoration of DPs incomes, (iv) settling complaints and grievances, and (v) provisions for adequate budgetary support for implementing the RP.
Qualitative and Quantitative Data
This social monitoring report collected data utilizing both quantitative and qualitative tools and techniques to draw inference related to safeguard issues and implementation. The quantitative data are collected to measure the status and change of a specific variable which are quantifiable such as affected households, acquired land, compensation distribution status, total structure loss, total crop loss etc.
The qualitative data are also collected in order to identify the issues as well as get detailed information during the implementation process through observation, open-ended interviews, meaningful consultation meetings, GRC meetings, discussions, formal meetings with project staffs, project affected families, local communities, and other stakeholders etc.
2.2.1. MONITORING PARAMETERS/INDICATORS AND METHODS Monitoring method of this semi-annual monitoring report is based on some important parameters/indicators including: (i) type of impacts due to acquisition, (ii) extent of impacts, (iii) measures adopted to minimize the impacts, (iv) implementation status of mitigating measures, (v) consultation and participation, (vi) grievance redressed, (vii) compensation payment, and (viii) implementation of resettlement and rehabilitation activities.
Various tools were used to collect data and information and to identify issues related to compensation process which includes: (i) Observation for collection of data and information of the APs in particular and community as a whole, (ii) Interviews /focused group discussions, village mapping and data collection utilizing other participatory rule appraisal (PRA )techniques with affected persons, community members, workers and officials/other stakeholders to collect data and information, (iii) public consultation meetings with affected community and officials (iv) formal survey method with CDO, representatives of local elected bodies & concerned stakeholders.
2.2.2. SEMI-ANNUAL MONITORING RESULTS Some of the PTDEEP components do not require land acquisition as already mentioned above. However, ADB safeguard policy may be triggered even in such cases (rehabilitating / undergrounding distribution lines) if it involves issues like impact on public and private
11 properties, incomes, restriction to social mobility etc. Therefore, adequate consultation and disclosure is required to address or where possible mitigate such issues before and during the project implementation in line with ADB SPS (2009). There are some tenants/other right holders claiming legal ownership over the land at substations Lapsiphedi and Mulpani. There documents are being verified by District Administration Office. As the compensation has already deposited in DAO, same shall be released after ownership verification. All the documents related to project affected households, details of affected land, compensation disbursement related documents to the affected families, their details and information about compensation payment to remaining households, information regarding formation of committee representing project affected family and cadastral maps of the acquired land etc. have been maintained in the project office. The substations and distribution components will have both permanent and temporary impacts respectively. Permanent impacts are anticipated due to land acquisition for construction of substations which require around 21.64 hectares of private land (for 5 substations as detailed above). The temporary impact will be in the form of few-day business interruption due to surface disturbance during construction of underground distribution lines and re-stringing of the overhead lines. Consultations and surveys were done during the due diligence and a resettlement plan has been prepared to address both permanent and temporary impacts in compliance with ADB’s SPS and the government’s legal requirements. The draft resettlement plan has already been disclosed on ADB’s website. The resettlement plan has been updated to incorporate final technical designs and major changes, if any. Corrective action plan will be prepared, if necessary. Updated resettlement plans and corrective action plans will be disclosed in line with disclosure obligations after approval. Summary of Performance on social safeguards
Currently, the project has just entered the implementation stage of substation construction. The progress made in the safeguard implementation under different PTDEEP subproject components are summarized on Table 2-2:
Table 2-2: Summary of Performance on social safeguards
Component Subprojects Performance on Safeguards 1. Construction of new 220 kV substation About eighty five percent affected landowner (GIS) at Lapsiphedi and 132kV households has already been compensated substation (GIS) at Changunarayan; for their acquired land. Compensation for those lacking ownership documents, court cases, and absentee is remaining. The project with the support of local level committee is working to ensure ownership
12 Component Subprojects Performance on Safeguards documents and distributing compensation including to other remaining households Construction of 3 gas insulated Land acquisition and compensation already substations (132/11kV) at: Chapagaun; completed in Phutung and Mulpani (3APs Mulpani; and Phutung and Bahrbise. are remaining) subprojects. Similarly In Baharbise except 1 aps among 52 all APs disbursed the compensation amount. 2. Distribution network rehabilitation at EHS plan finalized. Check list for monitoring Maharajgunj and Ratnapark prepared. Site visits are being carried out to ensure compliance. 3. Improvement of operational and Not applicable financial performance of NEA distribution centers with 90,000 smart meters. 4. Capacity building of NEA staff to Not applicable operate and managed advanced distribution system, intelligent energy network (Smart Grid) technology and GESI aspects in electricity access and end user’s awareness program
2.2.3. Documentation and Approval The project has prepared Resettlement Plan document which was approved by ADB during the PTDEEP feasibility phase (2017) to mitigate the acquisition and resettlement impacts associated with the project as well as to mitigate the temporary impacts likely to occur during underground/overhead cabling works. Updated resettlement plan has been prepared for all the sub projects (except Barabise substation which is part of Tamakoshi-Kathmandu 220kV Transmission line project) after the changes in the detail design which is being reviewed by PMD, before submission to ADB. The project is categorized as A for involuntary resettlement and categorized as C for indigenous people (project impact is less than 200 APs). The substations and distribution components will have both permanent and temporary impacts. Permanent impacts are anticipated due to land acquisition for construction of five substations which required 21.64 hectares of private land. 2.2.4. LAND ACQUISITION AND COMPENSATION DISTRIBUTION The land acquisition notice for Changunarayan substation (Bhaktapur district) was published on 2073/02/07 (20th May 2016). The land acquisition notice for Phutung and Mulpani substation of Kathmandu district was published on 2073/09/20 (4th January 2016) and
13 2073/11/11 (22nd February 2017) respectively. For the Lapsiphedi substation, notice was published on 2074/02/04 (18th May 2020). For Barhabise land notice was published on 2073/03/25(09 July 2016. The copies of notices are attached in Annex-1. The land acquisition has not been finalized at Chapagaun SS due to disagreement on compensation rate of the land fixed by CDC. The Compensation Determination Committee (CDC) has been formed for rate fixation with representation of Chief District Officer (Head of CDC), Project Manager (Secretary of CDC), representative of land revenue office (Member of CDC), representative of survey department (member of CDC) and representative from local government (Member of CDC). The CDC has fixed the rate of required land with the replacement cost. As per the project’s feasibility report, land acquisition and resettlement impact are mainly concentrated in component-1 of the project. However, temporary impacts on account of movement of people, business, operation of vehicle etc. are likely to occur during the construction phase under component-2 and negligible impacts in the remaining components. Land acquisition of five substations namely, Changunarayan, Lapsiphedi, Mulpani,Phutung and Baranise have been completed. At Changunarayan substation, 3.935 ha of land has been acquired by the project. Among the 49 HHs, 45 HHs have been compensated. 4 HHs are still remaining to be compensated on account of legal issues related to landownership. 4 plots (measuring 0.072 ha) belonging to the Government of Nepal has also been acquired by the project. At Lapsiphedi substation, 9.199 ha of land has been acquired by the project. Among the 44 HHs, 39 HHs have been compensated. 5HHs are still remaining to be compensated due to issue in legal land ownership document. At Mulpani substation, 0.6025 ha of land has been acquired by the project and all of the 21 HHs have been compensated. Noteworthy to mention here is that, among 21HHs compensated, 3 APs have only been compensated 50% of their total compensation. Remaining 50% of the compensation amount expected to be disbursed after the verification of legal ownership document. At Phutung substation, 0.812 ha of land has been acquired by the project. All of the 10 HHs have been compensated fully. At Barahabise substation 7.1 ha of land has been acquired by the project. Among 50 affected person, 49 APs have collected the compensation amount. Disbursement for one plot could not be made (deposited with DAO) due to no availability of legal land documents. The details of the compensation payment status is in Annex-5. Summary of the compensation status is presented below in table 2.3.
Table 2-3: Status on compensation distribution for acquired land
14
Land Compensated SN Substation Remarks
Amount
Affected
Remaining
Households Households Households
Private
Required(ha) Compensated
1 Changunarayan 3.935 49 45 333,989,062.52 4
Plots not having the legal 2 Lapsiphedi 9.199 44 39 378,664,375.00 5 documents are remaining for the compensation. Among the 21 HHs,3 hhs has 3 Mulpani 0.6025 21 21 202,982,207.50 3 been compensated only 50% of the amount 4 Phutung 0.812 10 10 218,618,750.00 0
5 Barabise 7.1 50 49 131,563,359.38 1
Total 21.64 174 151 1,265,817,754.40 13
The land acquisition in the Chapagaun substation is not done due to local issue. Alternative locations are being explored. 2.2.5. COMPENSATION DISTRIBUTION FOR STRUCTURES Acquisition of land for the project has affected one temporary structure (constructed on the Guthi land) in Changunarayan substation. Likewise, 12 structures (5 kachhi gahr, 2 semi –pakki ghar, 1 pakki ghar and 4 cowshed) are affected in Barhabise SS. Compensation has been dispersed for affected structures as mentioned below in Table 2.4. Details of such structures is attached in Annex 5. Table 2-4: Status on Compensation Distribution for Affected Structures
SN Type of structures No. Estimated compensation Compensation paid (NRs) (NRs) Barhabise Sub-station 1. Kachhi ghar 5 Paid. [The compensation 2. Semi pakki ghar 2 31,401,875.01 was included in the same 3. Pakki ghar 1 package (i.e. compensation 4. Cowshed 4 for acquired land)] Total 12 31,401,875.01 Changunarayan Sub-station
15 SN Type of structures No. Estimated compensation Compensation paid (NRs) (NRs) 1. Temporary ghar/shed 1 95,590.24 Paid amount includes shifting and transitional allowances Grand Total 13 31,497,465.25
2.2.6. ADDITIONAL ASSISTANCE TO PROJECT AFFECTED VULNERABLE HOUSEHOLDS Vulnerability has been assessed for permanent impacts at the substations and 92 households, out of total 124 HHs, were identified as vulnerable as per the entitlement matrix of the approved resettlement plan. Among the identified vulnerable households, there are 12 single women-headed households, 7 households with members with disability, 34 households headed by senior citizens, and 67 households belong to ethnic/minority caste group. Details are mentioned in Table 2-5. Table 2-5: Vulnerable Households
Vulnerability Type Vulnerable HHs
Lapsiphedi Changunar ayan Mulpani Phutung Household headed by senior citizen 7 12 11 4 34 Single Women Headed Households 7 3 2 0 12 Households having Family Member with Disability 0 3 4 0 7 Households having BPL Income 0 0 0 0 0 Ethnic Households 34 32 0 1 67 Total as per 2019 survey 36 39 13 4 92
Additional assistance to the 92 project affected vulnerable households (which is about 74.19 percent of the total project affected households) as provisioned in the RP in accordance with entitlement matrix shall be taken up by the Project after approval of the same. The households of ethnic minority, single women headed households, household with persons with disability, households headed by senior citizens, HHs below poverty level etc., comes under the category of vulnerable households. A tentative cost for vulnerable assistance has also been estimated in the updated resettlement plan (Table 2-6). The vulnerable households will be provided additional
16 assistance after the verification of vulnerability status by the PSC consultant with the help of respective ward, local communities and project affected families as provisioned in the RP.
Table 2-6: Additional Assistance to vulnerable groups proposed in RP SN Vulnerable No. of Number of HHs falling Cash Assistance at the Local Special Total Assistance Total Assistance Categories HHs in single vulnerable Agricultural Wage Rate in Assistance (NRs.) in million (NPR) category NRs [a] (NRs.) [b]
1 Single Women 12 1 90,000 20,000 110,000 0.11 Headed HHs 2 Households Having 7 2 180,000 40,000 220,000 0.22 Members with disability 3 Senior Citizen 34 13 1,170,000 130,000 1,300,000 1.3 Headed HHs 4 Below Poverty Level 0 0 0 0 0 0 (BPL) HHs 5 Ethnic Minority 67 53 4,770,000 530,000 5,300,000 5.3 Households 6 Multiple vulnerable 23 2,070,000 230,000 2,300,000 2.3 category Tentative Total No of 120 [c] 92 Vulnerable Households and 8,280,000 920,000 9,200,000 9.2 Assistance [a] No. of HHs x 90 days x NRs. 500 [b] No. of HHs x NRs. 10, 000 [c] Family members of vulnerable households also will be provided capacity building and skill training under the separate GESI Training to be implemented under JFPR as described in F-3.
2.2.7. LIVELIHOOD RESTORATION AND GENDER DEVELOPMENT PTDEEP has been categorized as ‘Effective Gender Mainstreaming’ and accordingly a Gender Equality and Social Inclusion (GESI) Plan has also been prepared for the project. The NEA will be responsible for overseeing the timely and appropriate implementation of the GESI and any other technical assistance or grant-related funds/activities that may be mobilized for the project to optimize social and gender benefits. The GESI implementation will enable poor women and men’s participation in the energy sector, through the provision of technical and skills training, increase employment opportunities and energy-related livelihood and entrepreneurial
17 activities. A technical assistance TA 9334 “Strengthening the Capacity of the Energy Sector to Deliver Gender Equality and Social inclusion Results” is piggy bagged to this project for the support to implement GESI action plan. The TA of amount $2 million is financed on a grant basis by the Japan Fund for Poverty Reduction (JFPR) and administered by ADB. Hivos/ENERGIA and its consortium partners namely Centre for Rural Technology, Nepal (CRT/N); Practical Action Consulting, Nepal Pvt. Ltd. (PAC) and Ricardo -AEA, UK are selected as the Consulting Firm for implementation of this TA. NACEUN is the strategic partner for the TA. The consortium has commenced its services from 1 January 2019 to 29 June 2020. The GESI implementation plan will help the women and men of the project area to be economically and socially empowered and through various income generating activities. For this, ADB has also started its support for institutional development and program implementation.
The community development activities proposed/completed under GESI are presented below:
18 Table 2-7: Progress on GESI activities S.No. Activities/target Progress
1. Train EUC women members • A total of 507 women (72% Dalit and indigenous group) are trained in entrepreneurship development • Livelihood skills training need assessment for poor women of at least 15 and business management Electricity User’s Cooperatives (EUCs) conducted. • Skilled training is being planned • Up to three-day business orientation training targeting 500 women held. • Training of 500 EUC women members from poor and marginalized groups in energy-based livelihoods and related technical skills completed. • Post-training support mechanism for linkage to accessing finance and market for women enterprises developed and implemented. 2. Electricity efficiency and safety awareness training done targeting EUC Not started yet women and men members. 9,000 users will benefit from awareness program with 40% women participation in 75 events 3. Train NACEUN staff and EUC members on GESI aspects of energy projects Postponed due to COVID 19 • 25 officials (30% women) of NACEUN on GESI mainstreaming and participatory monitoring and evaluation (M&E) in energy projects trained. • 300 members (minimum 40% women participants and 40% from marginalized groups) of at least 15 EUCs of 7 districts trained on GESI responsive approaches, and energy efficiency 4. Train NEA staff in new energy technologies • 102 senior managers and officers were trained on • 100 staff (30% women) of NEA from 20 distribution centers in topics like negotiations and public communications, Kathmandu and outside Kathmandu and contract and project management, key performance • 20 senior NEA staff trained in new energy technologies as described indicators, restructuring and financial considerations. in TA linked document to the RRP Out of total 19 (18.7%) staffs were women. • Technical training for NEA staffs from distribution centres were conducted with participation of 109 (9 women) staffs 5. Prepare Energy Sector GESI Strategy and Operational Guideline Prepared and endorsed by the board of NEA in March 2020
6. Train NEA/ESSD staff as GESI resource persons 20 staff of NEA/ESSD trained as GESI resource persons and 100 other staff trained in tested approaches and practices to mainstream GESI
7. GESI responsive performance monitoring and evaluation systems PPMS prepared and regular monitoring is ongoing established for the project
19
2.3 IMPLEMENTATION SCHEDULE
A tentative implementation schedule of compensation for land acquisition and resettlement activities in the project including various sub tasks and timeline matching with civil work schedule is provided in Table 2-8. The implementation schedule is linked to the project implementation schedule.
Table 2-8 Implementation Schedule (Year/quarterly) 2016 2017 2018 2019 2020 2021 2022 SN Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Activity Progress 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 A Project Preparation Phase Screen sub project impact A1.1 (completed)
On site public consultation for A1.2 substations and distribution line alignment
A1.3 Carry out Census Survey Prepare the draft Resettlement A1.4 Plan (RP) Carry out Census Survey for RP A1.5 update Updating of RP and Reviewed by A1.6 ADB Submitted Updated RP is under A1.7 review at PMD. B RP Implementation Phase Engage with social specialist and B2.1 implementing NGO Public disclosure and information B2.2 dissemination B2.3 Grievance Redressal
20 (Year/quarterly) 2016 2017 2018 2019 2020 2021 2022 SN Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Activity Progress 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 Co-ordinate with district authority B2.4 for LA
B2.5 Payment of compensation for land
B2.6 Payment for all the other assets
Payment for the other allowances B2.7 and livelihood restoration
C Monitoring and Reporting Phase C3.1 Internal Monitoring (ongoing) External Monitoring & reporting C3.2 (Semi-annual)
21 3 INSTITUTIONAL ARRANGEMENT FOR MONITORING
NEA shall be implementing the projects and the Environment and Social Studies Department (ESDD) of NEA shall work as a core unit to undertake land acquisition and resettlement and rehabilitation activities. For the project, NEA has set up dedicated PMD. Under the PMD a social development specialist will be engaged for implementation of the resettlement plan. Also, where additional capacity and resources are needed, implementation consultants will be hired to assist and support the implementation of the plan. Social specialists in the PSC team will guide and advise the PMD, and monitor implementation of the resettlement plan. Further, the capacity of NEA and PMD will be enhanced through the safeguard programs envisaged under the technical assistance (TA). The implementation will be monitored by internal and external monitors and the monitoring reports will be submitted to ADB on semi-annual basis. The implementation status will be followed up during ADB review missions as well.
4 COMPLIANCE WITH SOCIAL SAFEGUARD LEGAL AND POLICY REQUIREMENT As per loan covenants, semiannual safeguard monitoring report is required to be disclosed on ADB’s website. The loan covenants compliance status is enclosed as Annex 3. The detail of compliance of social safeguard related requirements is presented in the table 4.2. Table 4-1 Safeguards Related Requirements Item Safeguards Related Responsible Compliance status Completion Process to Date/ No. Requirements Agencies Deadline Remarks 1 MANAGEMENT Institutional and Financing Arrangements 1.1 Financing and budget: NEA Complied with: Before (i) Safeguard office and Safeguard office with commencemen staff; (ii) RP cost focal person has been t of site works. established. Compensation for 4 Substations has already been disbursed. However, compensation for few landowners whose legal status is not yet confirmed by district authority (Kathmandu, Bhakatpur and Sindhupalchowk), has been deposited with district administrative office. Same shall be disbursed after finalization of ownership status. Cost of RPs has
22 Item Safeguards Related Responsible Compliance status Completion Process to Date/ No. Requirements Agencies Deadline Remarks already been allocated and shall be disbursed after approval of RPs. 1.2 Establish Safeguard NEA Being Complied with. Before Safeguard Unit Safeguard database commencemen database has (i) Safeguard’s has been developed t of site works been developed. database facilities whereas trainings and at the time (ii) Safeguards training related to safeguard will of construction be implemented when work (for construction work trainings). commences. Updating of Draft Document/RP/IPP based on Detailed Design 1.3 (i)Update of RP: NEA/PSC Being Complied with. Before Revised RP is Revise based on Detail RP for the project, along commencemen under review at Design with revised budget and t of site works. PMD (ii) Revise implementation implementation schedule, has been Schedule (iii) Revise budget revised by the PSC and is under review. 1.4 Compensation rates: NEA Complied with: Before (i) approved by the Compensation rate has commencemen Government; been decided to reflect t of site works. (ii) Adequate as per RP the replacement value of (iii) Affected persons asset lost. The rate has informed. been decided in a transparent manner in the presence of APs, government representatives and executing agency. Compensation rate has been finalized through the CDC and the disbursement of compensation is under process. Disclosure and Grievance Redress Arrangements 1.5 Disclose final / updated NEA Being complied with. Before Updated RP is RP (i) to the affected commencemen under review at persons in local t of site works. PMD. language; (ii) in ADB website; (iii) in EA’s website
23 Item Safeguards Related Responsible Compliance status Completion Process to Date/ No. Requirements Agencies Deadline Remarks 1.6 Disclose project NEA/Contrac Being complied with. Before GRC has been activities to affected tor commencemen formed at each communities: t of site works. project location (i) put up a project and their details signboard have been shared (ii) Distribution of project leaflets and with the details of GRM to community. affected communities 1.7 Grievance redress NEA Complied with. GRC Before committee: has been constituted commencemen (i) clear terms of and is functional along t of site works. reference with the responsible (ii) Appointment decree personnel from the (iii) Publicly disclosed project in all 4 among affected substations. persons. 1.8 Grievance redress NEA Being Complied with. During the Grievance will be records: Disputes are being construction resolved as per (i) list and number collected through the work the procedural grievances received; GRC and the grievances Within 4 weeks details mentioned (ii) numbers of resolved are being resolved. after grievance in GRM. These will issues; received. be done within the (iii) Numbers of cases time frame from under GRC review; the date of and receiving (iv) outstanding cases complain as (filed to court) stipulated in RP. Monitoring and Reporting Arrangements 1.9 Set up internal NEA/PSC Complied with. During the monitoring system: (i) Deputation of dedicated construction assessment on capacity staffs have been done works. and staff requirement; and the periodic (ii) criteria of safeguards safeguard monitoring assessment; (iii) report has been reporting mechanism prepared by monitoring site activities. 1.10 Appoint external NEA To be complied. After the monitoring agency External Monitoring construction (as relevant): (i) agency to be appointed work start. recruitment schedule; after construction work (ii) TOR; (iii) baseline start. survey (iv) reporting mechanism (v) action taken by management on reports.
24 Item Safeguards Related Responsible Compliance status Completion Process to Date/ No. Requirements Agencies Deadline Remarks 1.11 Reporting: NEA/PSC Being Complied with: During the Regular (i) Frequency; Periodic environmental construction Environmental (ii) timelines; safeguard monitoring works. safeguard (iii) identified issues; reports has been monitoring report (iv) Action taken and prepared along with site (Semiannual) has /recommendation. inspection and provided been submitted. the recommendation for the noncompliance. Whereas social safeguard monitoring report has not been submitted yet. 2. RP IMPLEMENTATION Consultation 2.1 Consultation: NEA/PSC Complied with. Before (i) Responsibility; Updated RP included construction (ii) Stakeholders Stakeholder works start. identified consultation & its (iii) Consultation documentation. and process; (iv) Documentation. Mapping and Assets Inventory 2.2 Affected persons’ NEA/PSC Complied with. List of Before identity cards and Affected people were construction affected assets records: published in National works start. (i) issuance and daily newspapers and distribution of affected objection, if any, were persons’ ID cards, (i) invited from the detail measurements interested party. The survey of affected measurement of assets and land/valuation of assets documentation. were done in presence of the affected person and principle of replacement value of land/ assets was strictly adhered to. Based on the above activity RP update work has been completed by PSC. 2.3 Common property/ NEA/PSC Complied with. Before public assets: Identification of affected construction (i) final inventory; (ii) common property and works start. restoration plan and assets completed along schedule; (iii) funding with restoration plan sources.
25 Item Safeguards Related Responsible Compliance status Completion Process to Date/ No. Requirements Agencies Deadline Remarks included in the updated RP. Compensation, Relocation and Rehabilitation 2.4 Payment of NEA Being complied. Before Phutung-100%; compensation and Compensation construction Mulpani- 80.95%; entitlements (as stated distribution is under works start. Changunarayan- in the RP): (i) schedule process. 91.83% and of payment; (ii) records Lapsiphedi- / receipts of payment. 56.81% 2.5 Provision of additional NEA Being complied. Before Additional assistance for Additional assistance for construction assistance for the vulnerable affected the vulnerable affected works start. vulnerable persons: (i) per type of persons has been affected persons activities; (ii) schedule calculated in proposed has been of implementation. RP. Same shall be calculated in distributed after its proposed RP. approval. 2.6 Livelihood restore the NEA Being complied. During the pre project level after Livelihood restoration construction the project trainings are not works. implementation. provided to the affected people. These training are included in the updated RP. This shall be taken up after approval of updated RP.
26 5 GRIEVANCE REDRESSAL MECHANISM AND ITS IMPLEMENTATION An effective Grievance Redress Mechanism (GRM) is essential to achieve smooth progress of the project works by resolving issues and complaints in a timely and effective way. Grievance Redress is an inbuilt provision and mechanism of the Land Acquisition Act 1977. According to the Act, Chief District Officer (CDO), is the core responsible authority to deal and address the grievances related to land acquisition in Nepal. In development projects, generally CDO with the support of project manager, land acquisition committee members, representatives of political parties, and other stakeholders also use to form grievance readdress committee to solve the grievances related to land acquisition, compensation and implementation of the project.
Second option for grievance redressal available for affected persons is through Grievance Redress Committee (GRC) which is formed at the Project level to ensure that affected persons’ grievances are addressed and to facilitate timely project implementation. Minor grievances will be redressed by NEA officials at site level within 15 working days and the unsettled case will be referred to GRC which will take action within 30 working days. Grievances not redressed by the GRC will be referred to the appropriate court of law.
GRC has been formed at district level by The Project Manager (PM) of NEA’s PMD, to address major grievances. Minor grievances will be redressed at the site level through the concerned project engineer and contractor; failing which the case will be referred to the GRC. If the AP is not satisfied with the decision, then he/she will have the right to approach the appropriate court of law for redress. The main responsibilities of the GRC are to: (i) provide support to affected persons on problems arising from land/property acquisition and crop/tree compensation; (ii) record affected persons’ grievances, categorize, and prioritize grievances and resolve them within 4 weeks; (iii) immediately inform the EA (NEA) of serious cases; and (iv) report to DPs on developments regarding their grievances and decisions of the GRC and the EA. Other than disputes relating to ownership rights and apportionment issues, GRC will review grievances involving all resettlement benefits, compensation, relocation, replacement cost and other assistance. Grievances will be redressed within 4 weeks from the date of lodging the complaints and all cost related to GRM to be borne by the project. The GRCs will continue to function during the life of the Project including the defects liability period. The GRC is formed with the help of higher authority having authority to designate the representatives to the GRC. The proposed mechanism does not impede access to the country’s judicial or administrative remedies. The affected person have the right to refer the grievances to appropriate courts of law at any stage of the process. The EA will ensure that affected persons has the right to approach court of law any time during the process of grievance redress activities.
27 Figure 1 Flow chart showing Grievance Redress Mechanism
As practiced in NEA projects, if there are grievances or suggestions, project affected families or local people submit/express their plea verbally or in written form to project officials. The submitted petition or suggestions will be initially reviewed by the project manager. On the matters related to general and technical issues or suggestions, the project team itself tries of resolve the issue. However, if the issues or suggestions are major and they need to be notified to CDO and NEA before any decisions are taken, the CDO and NEA are notified. Then the CDO, on a fixed date, in the presence of all relevant stakeholders, including the submitted grievances, discusses about the issues or suggestions and resolve the problems with the active involvement and consensus of the stakeholders. If unsatisfied with the CDO determination, affected persons will have their right to take the grievance up-to the Ministry of Home Affairs (MoHA). The MoHA normally makes decisions on a complaint within 15 days, unless further information is required, or unless the complaint has to be solved in a court of law. For the purpose of effective implementation of the GRM the GRC formation of the PTDEEP sub- projects has been completed in substations namely Lapsiphedi, Changunarayan, Mulpani and Phutung while it is in the process for Barabise substation. Some of the grievances and suggestions submitted in different PTDEEP subprojects by project affected families and other stakeholders and their status are summarized below: 5.1 RECEIVED GRIEVANCES/SUGGESTIONS AND STATUS In total 11 grievances have been received till 31 December 2019. Detail of collected grievances and its matrix is presented below and related letters are attached in Annex 6
28 Table 5-1Grievance Matrix SN Submitted Grievances/Requests Response Status Changunarayan Substation 1 Protection of irrigation canal and The project has ensured to protect Partially resolved plants/trees near the entrance private and public properties. location to the substation site (March Besides, the protection of irrigation 2016). canal falls in disputed land. 2 Demand for the distribution line by the The Project has provided the cost Resolved locals. for the construction of distribution line to the distribution department of NEA. Distribution wing is constructing the line. 3 Construction of access road nearby The project has assured to provide Under Process the substation for the locals’ easy certain percentage of cost for the access to temple. construction of access road based on the estimate provided by the locals. 4 Demand of small road access to the The project assured to consider in Under process field side the construction period.
Lapsiphedi Substation 1 Widening and improving the existing The project shall ensure widening Under process road linking the project site and main and improving the existing road road at Jarsingpauwa (Jan 2016) linking to main road. The scope of this activity is defined to contractor. - Detailed survey of approach road completed. Construction of access road not yet started 2 Enhancing the existing drinking water The estimate has not been provided Under process supply system brought from about 2 by the local for the enhancement of km above the Lapsiphedi (Jan 2016) existing drinking water supply. 3 (a)Providing the compensation of the (a) Compensation has been fixed (a)Not feasible. land per Ana 300000, through committee (b)in case of no document of the (b) In case, No document for the (b)Under process land is available with AP, matter affected land, Project should provide shall be taken up with Govt. of (c)Not feasible. compensation according to the field Nepal and appropriate book, compensation, as approved shall be (d)Resolved (c)provide the shares 5000 per provided affected household, (d) providing the job according to (c)Not applicable as this is not skills, Hydro generation project as referred by APs (d) However, local manpower will be given preference according to skill through contractor. 4 Murali Tiwari and others has No document for the land is Under process demanded for the compensation of available with AP. Matter shall be the land which they are using for taken up with Govt. of Nepal and decades and haven’t got any sort of appropriate compensation, as compensation till date. They approved shall be provided demanded to provide the amount from the social security fund of the project.
29 6 CONSULTATION, PARTICIPATION AND DISCLOSURE The disclosure of project information has to be done well in advance of commencement of project construction works. At each stage, certain engagement activities is being conducted/will be conducted to keep the stakeholders informed and they will be continuously reached for their feedback. Information dissemination and consultation activities during preparation of this report were done to attain the following: (i) share available project information with the affected people; (ii) obtain information on the needs and priorities of the affected people including their feedback on proposed activities; (iii) involve the affected people and communities in project planning; and (iv) ensure transparency in all activities related to resettlement impacts, mitigation and compensation. The primary stakeholders of the proposed refurbishment of distribution line and substation are the end consumers including affected households that will benefit from the electricity that the project will provide. The other stakeholders are NEA, GoN and the local government units.
The provisions of the ADB policy and Government laws on land acquisition were also disclosed to the affected persons and their community. During the census and sample household survey, meaningful consultations were held in designated points. Views of the community were shared with NEA and the consultants. The socio-economic survey and the consultation meetings provided opportunity to draw out information on the development needs of the local people, the role of the distribution line in meeting these needs, the potential adverse impacts of the construction and operation phase and their recommendations on the mitigation and compensation of these impacts.
Table 6-1 Disclosure Plan Activity Task Status Agencies Remarks
Census and Socio- economic survey Identified DPs and Completed from Consultative meetings collected socio-economic November 2016 to - on resettlement information March 2017 mitigation draft RP, May 2017
Consultative meetings on resettlement Discuss entitlements, Completed from May EA-NEA/PMD mitigation at the time of compensation rates, GRM 2016 to March 2017 draft RP, May 2017
Publish list of affected Public Notification for lands/sites in a local Completed in EA Land acquisition newspaper, project January 2017 commencement details
Publicize the draft RP, Distribute leaflets or Completed in June EA May 2017 booklets in local language 2017
Full disclosure of the Distribute RP in local Completed in June draft RP, May 2017 to EA language to DPs 2017 DPs
30 Activity Task Status Agencies Remarks
Web disclosure of the RP posted on ADB Completed in June EA draft RP, May 2017 websites 2017
Census and Socio- economic survey Identified DPs and Consultative meetings Completed in collected socio-economic - on resettlement October 2019 information mitigation for updated RP, 2019
Consultative Consultative Meetings regarding meetings on Discuss entitlements, resettlement resettlement EA- compensation rates, mitigation have mitigation at the NEA/PMD GRM been conducted time of Updated RP during the RP 2019 update.
EA- Project information Distribution of information Continuous dissemination leaflets to DPs PMD/ESSD/ NEA
Distribute RP in local Updated language to DPs RP is Full disclosure of the completed It is yet to be EA updated RP 2019 to completed and under DPs review at PMD.
Updated RP is Web disclosure of the RP posted on ADB It is yet to be completed EA updated RP 2019 websites completed and under review at PMD.
NEA had consultation with affected communities to achieve feedback on perception of engagement during the pre-construction phase. The stakeholder engagement process for the vulnerable groups has/shall extensively use PRA techniques and has/shall be conducted separately. In case of involvement of indigenous people, such engagement has/shall especially ensure geographical integrity, cultural continuity and social hegemony. During the construction and operation phase, the active program of engagement with affected and interested parties to ensure that they will be kept informed and have an opportunity to continue a constructive dialogue about the Project with the project proponents.
6.1 CONSULTATIONS
The meaningful consultation ensures the presence of different categories of representatives (i.e. representative sampling) in the consultation process so as to obtain a balanced public opinion,
31 equitable and non-discriminatory participation, provide transparent and factual information with prior information about the project, systematic documentation of the process, public disclosure of relevant parts etc. Three public consultations were carried out till this reporting period. As the project work progresses meaningful public consultations with stakeholders and will be held periodically. The consultation summaries by the location is given below in Table 5-1 and meeting minutes are attached in the Annex 4
Table 6-2 Consultations summaries by the location S. N. Date No. of Type of Topics/ Issues Location Information Participants Participants discussed Disseminated 1 8th Dec Total-24 APs, PSC, About new Changunarayan • Informed about 2019 Male-20 locals, ward document, road Ward Office-6 the project / (2076/08/22) Female-4 chief, NEA construction, substation and officers compensation the benefits payment to rest of • Inform the APs the left person, about the status organize the skills of compensation training for the disbursement affected APs. and the requirement of documentation • Training requirement will be reviewed and necessary action shall be initiated 2 24th Oct Total-6 Affected Noise Mulpani Ward • Inform the 2019 Male-3 APs, PSC, management, Office-6 measures being (2076/07/07) Female-3 locals, ward road access and taken to reduce member, employment to the the noise NEA officers locals pollution. • Likelihood of employment to locals through the contractor 3 19th Nov Total-10 Affected Pre-information of Mulpani Ward Information 2019 Male-9 APs, PSC, the project Office-6 regarding the (2076/08/03) Female-1 locals, ward project scope chief, NEA and objectives. officers
32 7 KEY ISSUES AND RECOMMENDED CORRECTIVE MEASURES
The corrective measures for the issues are presented in the below table 7-1.
Table 7-1 Corrective Measures and Issues
SN Issues Corrective Measures Timeframe Responsibility 1 Disbursement of the Assist in the documentation process 2020 NEA compensation to the affected to expedite the compensation December APS due to legal issues 2 Chapagaun land Issue Alternate land (identified at existing 2020 NEA because of land rate rejected Thimi switching station) to be December to collect the compensation finalized as alternate of Chapagaoun SS.
3 Recorded Grievances Conduct the regular GRC meeting Continuous NEA/PMD Resolution of all substations to resolve the grievances process
4 Payment for the other Expedite the approval of updated 2020 NEA/PMD/PSC resettlement assistance RP to enlist the affected people who December are eligible for resettlement assistances 5 Livelihood restoration training Expedite the approval of updated 2021 June NEA/PMD/PSC to affected people RP to enlist the affected people who are eligible for training 6 GRC has not been formed yet Issuance of letter regarding 2020 June NEA/ESSD in Barhabise SS formation of GRC to local government and regular follow up. 7 Land issue of Nain Prasad Project is contemplating to return 2020 July NEA Poudel to take whole land land to related person otherwise not to accept the compensation
The following recommendations are also suggested for the monitoring adjustment: • Finalization of RP to be expedited to avoid delay in distribution of rehabilitation assistance (including distribution to vulnerable people), which might disrupt hegemonies social relation between the project and community. • All the project activities at the phase of pre-construction, construction should be in compliance with entitlement matrix. Following may be considered by Project in this regard. o Implementation of skill development trainings and livelihood restoration trainings for project affected families. o Recruitment of external monitor o Disbursement of resettlement assistance to affected people. o Formation of GRC at Barabise Substation. • Deputation of Social development specialist from PMD for the implementation of RP. • Regular functionalization of GRC meeting to resolve the unresolved grievances which should be conducted atleast once a month.
33 ANNEX 1: LAND ACQUISITION GAZETTES Land Acquisition Notice: Lapsiphedi SS
34 35 Land Acquisition Notice: Phutung
Land Acquisition Notice: Mulpani SS
Land Acquisition Notice: Changunarayan SS
ANNEX 2: PROJECT LOCATIONS
Location of Project Substations
Changunaryan Substation Site
Lapsiphedi Substation Site
Phutung Substation Site
Mupani Substation Site
Annex 3: Status of Compliance with Loan Covenants (Social Safeguard Related Covenants)
Responsible Status of Covenants Agencies Compliance
Land Acquisition and Involuntary Resettlement
The Borrower shall ensure, and cause NEA to ensure, that all land and all NEA/GoN Being complied. rights-of-way required for the Project are made available to the Works contractor in accordance with the schedule agreed under the related Works contract and all land acquisition and resettlement activities are implemented in compliance with (a) all applicable laws and regulations of the Borrower relating to land acquisition and involuntary resettlement; (b) the Involuntary Resettlement Safeguards; and (c) all measures and requirements set forth in the respective RP, and any corrective or preventative actions set forth in a Safeguards Monitoring Report.
(FA-Schedule 5, para 10)
Without limiting the application of the Involuntary Resettlement NEA/GoN Being Complied. Safeguards or the RP, the Borrower shall ensure, and cause NEA to ensure, that no physical or economic displacement takes place in connection with the Project until:
(a) Compensation and other entitlements have been provided to affected people in accordance with the RP; and (b) A comprehensive income and livelihood restoration program has been established in accordance with the RP.
(FA-Schedule 5, para 11)
Indigenous Peoples
The Borrower shall ensure and cause NEA to ensure, that the Project does NEA/GoN Being complied. not impact indigenous peoples within the meaning of the SPS. If due to unforeseen circumstances, the Project impacts indigenous peoples, the Borrower shall take all steps necessary or desirable to ensure that the Project complies with all applicable laws and regulations of the Borrower relating to indigenous peoples and within the SPS.
(FA-Schedule 5, para 12) Human and Financial Resources to Implement Safeguards Requirements
The Borrower shall make available, and NEA to make available, NEA/GoN Being complied. necessary budgetary and human resources to fully implement the EMP and the RP.
(FA-Schedule 5, para 13)
Safeguards- Related Provisions in Bidding Documents and Works Contract
The Borrower shall ensure, and cause NEA to ensure, that all bidding NEA/GoN Being complied. documents and contracts for Works contain provisions that require contractors to:
(a) Comply with the measures and requirements relevant to the contractor set forth in the IEE, the EMP and the RP (to the extent they concern impacts on affected people during construction), and any corrective or preventive actions set out in a Safeguards Monitoring Report; (b) Make available a budget for all such environmental and social measures; (c) Comply with the measures and requirements relevant to the contractor set forth in the IEE, the EMP and the RP (to the extent they concern impacts on affected people during construction), and any corrective or preventive actions set out in a Safeguards Monitoring Report; (d) Make available a budget for all such environmental and social measures; (e) Provide the Borrower with a written notice of any unanticipated environmental, resettlement or indigenous peoples risks or impacts that arise during construction, implementation or operation of the Project that were not considered in the IEE, the EMP or the RP; (f) Adequately record the condition of roads, agricultural land and other infrastructure prior to starting to transport materials and construction; and (g) Fully reinstate pathways, other local infrastructure, and agricultural land to at least their pre-project condition upon the completion of construction.
(h) (FA-Schedule 5, para 14)
Safeguards Monitoring and Reporting
The Borrower shall clause NEA to do the following:
(a) Submit semi-annual Safeguards Monitoring Reports to ADB and NEA Being complied. disclose relevant information from such reports to affected persons promptly upon submission; (b) If any unanticipated environmental and/or social risks and impacts
arise during construction, implementation or operation of the Project that were not considered in the IEE, the EMP or the RP, NEA Being complied. promptly inform ADB of the occurrence of such risks or impacts, with detailed description of the event and proposed corrective action plan; and (c) Report any actual or potential breach of compliance with the measures and requirements set forth in the EMP or the RP promptly after becoming aware of the breach.
(FA-Schedule 5, para 15)
NEA Being complied. Annex 4: Public consultations Meeting and Matrix List of Participants in Meeting
S.N Participants Organization Gender Substation Date 1 Pranil Pradhan Consultant Male Mulpani 24th October 2 Manisha Shilpakar Consultant Female 2019 3 Sefina Joshi Consultant Female (2076/07/07) 4 Dinesh Nepal Local Male 5 Ishwori Nepal Local Female 6 Ganesh Kumar Shah NEA Male
S.N Participants Gender Substation Date 1 Prakash Phuyal Ward Chief Male Mulpani 19th November 2 JuJuRatna Shakya NEA Male 2019 3 Prabhat Dantre Consultant Male (2076/08/03) 4 Subodh Kumar Shah NEA Male 5 Jayaram Adhikari Local Male 6 Rabin Dhakal Consultant Male 7 Manisha Shilpakar Consultant Female
S.N Participants Organization Gender Substation Date 8 Tikaram Nepal Local Male 9 Raju Nepal Local Male 10 Umesh Adhikari Ward Male Member
S.N Participants Gender Substation Date 1 Bodh Nath Neupane NEA Male Changunarayan 8th December 2 Prabhat Dantre Consultant Male 2019 3 Rabin Dhakal Consultant Male (2076/08/22) 4 Rashmila Prajapati NEA Female 5 Shambhu K.C Local Male 6 Uttam Raj Sharma Local Male 7 Sun Kumar Bhadel Local Male 8 Madhusudan Paudel Local Male 9 Khadga Bahadur Khadka Local Female 10 Ramala Maharjan Local Female 11 Rafi Kumar Bhadel Local Male 12 Ratna Devi Shrestha Local Female 13 Uddhav Sharma Local Male 14 Gyan Bahadur Bhadel Local Male 15 Bhimsen Khadka Local Male 16 N awaraj Wagle Local Male 17 Ashok Bhadel Local Male 18 Manisha Shilpakar Local Female 19 Amrit Khatri Local Male 20 Kumar Tamang Local Male 21 Rajkumar Bhadel Local Male 22 Debendra Bhadel Local Male 23 BuddhiLal Maharjan Ward Chief Male 24 Roj Bahadur Tamang Local Male
Public Consultations Matrix
Changunarayan SS
SN Date No. of Type of Participants Topics/ Issues Location Information Disseminated Participants discussed 1 8th Total-24 Affected APs, PSC, locals, About new Changunarayan Project benefits, compensation December Male-20 ward chief, NEA officers document, road disbursed, legal issues, process for 2019 Female-4 construction, claiming compensation, as applicable, 2076/08/22 compensation status of compliance of grievance payment to rest of redressal/demands the left person, organize the skills training for the affected APs Mulpani SS
1 24th October Total-6 Affected APs, PSC, locals, Noise management, Mulpani Project benefits, compensation 2019 Male-3 ward member road access and disbursed, legal issues, process for 2076/07/07 Female-3 employment to the claiming compensation, as applicable, locals status of compliance of grievance redressal/demands
2 19th Total-10 Affected APs, PSC, locals, Pre-information of Mulpani Project benefits, compensation November Male-9 ward chief, NEA officers the project disbursed, legal issues, process for 2019 Female-1 claiming compensation, as applicable, 2076/08/03 status of compliance of grievance redressal/demands
Minutes of consultations Consultation in Mulpani
Consultation in Mulpani
Consultation in Changunarayan
Annex: 5 GRC Matrix
SN Submitted Grievances/Requests Response Status Changunarayan Substation 1 Protection of irrigation canal and plants/trees near the The project has ensured to protect private and Partially resolved entrance location to the substation site (March 2016). public properties. Besides, the protection of irrigation canal falls in disputed land. 2 Demand for the distribution line by the locals. The Project has provided the cost for the Resolved construction of distribution line to the distribution department of NEA. Distribution wing is constructing the line. 3 Construction of access road nearby the substation for The project has assured to provide certain Under Process the locals’ easy access to temple. percentage of cost for the construction of access road based on the estimate provided by the locals.
4 Demand of small road access to the field side The project assured to consider in the construction Under process period.
Lapsiphedi Substation 1 Widening and improving the existing road linking the The project shall ensure widening and improving Under process project site and main road at Jarsingpauwa (Jan the existing road linking to main road. The scope 2016) of this activity is defined to contractor. - Detailed survey of approach road completed. Construction of access road not yet started 2 Enhancing the existing drinking water supply system The estimate has not been provided by the local Under process brought from about 2 km above the Lapsiphedi (Jan for the enhancement of existing drinking water 2016) supply. 3 (a)Providing the compensation of the land per (a) Compensation has been fixed through (a)Not feasible. committee Ana 300000, (b) In case, No document for the land is available (b)in case of no document of the affected with AP, matter shall be taken up with Govt. of (b)Under process land, Project should provide compensation Nepal and appropriate compensation, as approved shall be provided (c)Not feasible. according to the field book, (d)Resolved (c)provide the shares 5000 per affected (c)Not applicable as this is not Hydro generation household, project as referred by APs
(d) providing the job according to skills, (d) However, local manpower will be given preference according to skill through contractor.
4 Murali Tiwari and others has demanded for the No document for the land is available with AP. Under process compensation of the land which they are using for Matter shall be taken up with Govt. of Nepal and decades and haven’t got any sort of compensation till appropriate compensation, as approved shall be date. They demanded to provide the amount from the provided social security fund of the project.
Annex 6: Photographs
Household survey with affected person in Affected person of the Mulpani SS area Changunarayan area
Formal Consultation with the affected person Formal Consultations with the affected person and ward chief of Mulpani SS in Mulpani SS
Household survey in Phutung area Household survey in Phutung area
Site vist among consultant team and contractor Household survey at Changunarayan area to observe site progress/issues at Phutung site
Household survey in Changunarayan area Household survey in Mulpani area
Household survey in Mulpani area Household survey in Changunarayan area
Public consultation in Changunarayan area Affected person in public Consultation in Changunarayan area
Stakeholders participating in public Household Survey in Phutung area Consultation in Changunarayan area