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IPP: Bangladesh: Second Chittagong Hill Tracts Rural Development Project

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IPP: Bangladesh: Second Chittagong Hill Tracts Rural Development Project Indigenous Peoples Plan March 2011 BAN: Second Chittagong Hill Tracts Rural Development Project Prepared by ANZDEC Ltd for the Ministry of Chittagong Hill Tracts Affairs and Asian Development Bank. CURRENCY EQUIVALENTS (as of 16 March 2011) Currency unit – taka (Tk) Tk1.00 = $0.0140 $1.00 = Tk71.56 ABBREVIATIONS ADB – Asian Development Bank ADR – alternative dispute resolution AP – affected person CHT – Chittagong Hill Tracts CHTDF – Chittagong Hill Tracts Development Facility CHTRC – Chittagong Hill Tracts Regional Council CHTRDP – Chittagong Hill Tracts Rural Development Project CI – community infrastructure DC – deputy commissioner DPMO – district project management office GOB – Government of Bangladesh GPS – global positioning system GRC – grievance redress committee HDC – hill district council INGO – implementing NGO IP – indigenous people IPP – indigenous peoples plan LARF – land acquisition and resettlement framework LCS – labor contracting society LGED – Local Government Engineering Department MAD – micro agribusiness development MIS – management information system MOCHTA – Ministry of Chittagong Hill Tracts Affairs NOTE (i) In this report, "$" refers to US dollars. This indigenous peoples plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area. 1 CONTENTS Page A. Executive Summary 3 B. Description of the Project 4 C. Social Impact Assessment 5 1. Indigenous Peoples of Bangladesh 5 2. Indigenous People of the Chittagong Hill Tracts 8 3. Social Geography of the CHT: Resettlement, Conflict and the Peace Process10 4. Socio-Economic Survey of the Chittagong Hill Tracts 12 5. Social Impact Assessment 14 D. Information Disclosure, Consultation and Participation 16 E. Beneficial Measures 17 1. Prioritization of Small IP Groups in CHTRDP-II 17 F. Mitigation Measures 28 1. Participatory Village Mapping 28 2. Measures for Compensation for Customary and Tribal Land Guaranteed in the Land Acquisition and Resettlement Plan 31 G. Capacity Building 32 H. Grievance Redress Mechanism 33 I. Monitoring, Reporting and Evaluation 35 J. Institutional Arrangment 36 K. Budget and Financing 42 Appendices A ILO C107 Indigenous and Tribal Populations Convention, 1957 A-1 B IP-Led NGOs for Potential Recruitment A-8 C UNDP (CHTDF) and Updated Matrix For Selection of Prioritized Upazilas A-21 D Text of 1997 Peace Accord A-24 E CHT/IP Sources A-35 F Report of Consultation Two Day Workshops with Stakeholders, Bandarban, A-39 Khagrachari, and Rangamati, November 2-25, 2010 2 List of Tables Table 1: Areas of IP Concentration in Bangladesh ....................................................................... 7 Table 2: IP and Non-IP (NIP) Population in CHT by District, 2001 ............................................... 9 Table 3: IP and Non-IP (NIP) Populations in CHT, 2001 .............................................................. 9 Table 4: Ethnic Membership of Hill District Councils (HDCs) ..................................................... 11 Table 5: Approximate Population and Percent by Ethnicities in the CHT ................................... 20 Table 6: Initial Indices of IP and Non-IP Vulnerability Ranking................................................... 20 Table 7: Ranking of Less Developed Upazilas by, CHTDF 2001 Matrix, Updated by Technical Advisory Consultants (TAC) in 2010 ............................................................................ 23 Table 8: Matrix - Who lives where in CHT, by Upazilas and by Ethnicities................................. 24 Table 9: Proposed Length of Upazila and Union Roads for the Three CHT Districts, Proposed by CHTRC and LGED .................................................................................................. 26 Table 10: Connectivity within the Three CHT Districts................................................................ 27 Table 11: Approximate Proportion of CI Component Budget by Subcomponent and District..... 27 Table 12: Estimated Budget for IPP for CHTRDP-II ................................................................... 42 List of Figures Figure 1: Distribution of IPs in Bangladesh...................................................................................7 Figure 2: CHT Population Growth 1860-2010, IPs and NIPs......................................................10 Figure 3: Chakma, Mong and Bohmong Circles of the CHT.......................................................19 Figure 4: Smaller IP Groups by Prioritized Less Developed Upazilas in CHT, Overall and by District .........................................................................................................................................25 Figure 5: PVM Map Board of Sapchari, Posted at Village Entrance...........................................31 Figure 6: Grievance Redress Mechanism...................................................................................34 Figure 7: Property Valuation Advisory Team (PVAT) & Procedure of Determining Valuation …37 Figure 8: Resettlement Organization Chart ................................................................................40 Figure 9: Tentative IPP Plan Implementation Schedule for Project ............................................41 3 A. Executive Summary 1. The Indigenous Peoples Plan (IPP) outlines the principles and methodology to design and implement the Chittagong Hill Tracts Rural Development Project II (CHTRDP-II) in a way that fosters full respect for Indigenous Peoples’ (IPs’) identity, dignity, human rights, livelihood systems, and cultural uniqueness as defined by the IPs themselves so that they (i) receive culturally appropriate social and economic benefits, (ii) do not suffer adverse impacts as a result of projects, and (iii) can participate actively in projects that affect them. 2. There are four main IP Safeguards components in the CHTRDP-II’s IPP: (i) Payment for IP Common Lands to usufruct and legal owners of land (through registration with Headmen) taken for the Project, in particular Upazila and Union, as well as Village Access (Category A and B) Roads, although small village infrastructure is also included, wherever land is required. (ii) Participatory Village Mapping (PVM) to delineate boundaries and major land use within villages along CHTRDP-II roads, backed up by a proactive Grievance Redress System to counteract land invasion occasioned by new and upgraded Upazila and Union roads. Such mapping will also be used for watershed management and for heightening village awareness of the need to keep village common forests intact. (iii) Ensuring prioritization of IPs in view of their higher poverty status, and monitoring the need to provide targeted assistance to the Small IP Groups in the CHT who are by in large more vulnerable than the larger IP groups, in the case of disproportionate benefit capture. (iv) Raising awareness among Government of Bangladesh (GOB) officials working in the CHT (and in the central administration in Dhaka) of IP issues, history, and customs. 3. The IPP provides the foundation for four different types of proactive IP actions to be part of the CHTRDP-II implementation. (i) Land Acquisition and Resettlement Plans (LARPs) prepared during implementation following the social safeguard’s Land Acquisition and Resettlement Framework (LARF), adopted under the Loan Agreement, will assure compensation for IP Common Lands for CHTRDP-II subprojects, such as Upazila and Union Roads and small village infrastructure. While the LARPs do not fall directly under this IPP, they guarantee achievement of the first IPP’s safeguard component and as such substitute for IPPs guaranteeing fair compensation for IP Common Land. MOCHTA, through the Chittagong Hill Tracts Regional Council (CHTRC) and the Hill District Councils (HDCs), has overall coordination, planning, implementation and financing responsibilities for LARPs under the CHTRDP-II. The CHTRC fully recognizes the importance and complexity of the Project’s resettlement programs. Therefore, the CHTRC will appoint a Resettlement Specialist (RS) to the Project Implementation Consultants (PIC) and will, after finalization of the design and prior to commencement of work on Right-Of-Way (RoW), hire an experienced 4 Implementing NGO (INGO) for LARP implementation, with clearly defined tasks including establishing an income restoration program. A senior HDC Social Scientist at the rank of Executive Engineer (EE) will be appointed as the Chief Resettlement Officer (CRO) to supervise the implementation work, with the help of HDC, IP-Led NGOs supervised by a nationally recognized INGO with extensive resettlement experience. (ii) Participatory Village Mapping (PVM) will be prepared for villages along Upazila and Union Roads built under CHTRDP-I as well as for CHTRDP-II and will be carried out prior to construction of new roads and/or of road upgrading under the Project. PVM will be tied to LARP implementation. Implementation of PVM will be tied to that of LARPs, under the same administrative set up, but IP-Led NGOs with PVM experience will be hired to carry out the village-level fieldwork. (iii) Prioritization of smaller IP groups will
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